Project concerns after Hadleigh council loses some control as its General Power of Competence is withdrawn

By Nub News Reporter

7th Jul 2023 | Local News

Hadleigh town council does not have General Power of Competence (Picture: Nub News)
Hadleigh town council does not have General Power of Competence (Picture: Nub News)

Hadleigh town council has lost its General Power of Competence (GPC) leaving it shorn of some of its powers.

To qualify for the GPC, two thirds of a town or parish council must be declared elected and the clerk must be suitably qualified.

This did not happen at Hadleigh where only six of its 15 seats were duly elected, and six of the remaining nine councillor vacancies have subsequently been co-opted, leaving three to be filled.

The failure of clerk Wendy Brame, whose total renumeration package is more than £50k, to demonstrate she has passed the required (CiLCA) qualifications or to gain the GPC certificate is also another factor.

If Mrs Brame was qualified and had requested to the then existing council and Babergh for a fresh election when not enough nominations were received for the May 4 elections, HTC would have overcome the first hurdle.

An example of this being successfully applied for is at Shotley parish council, that only had two councillors elected on May 4. However, the experienced, and qualified clerk, requested a fresh election which the electoral officer allowed, and so the council had enough elected members required to keep its General Certificate of Competency.

In summary, the GPC enables councils to do things:

  • an individual may generally do
  • anywhere in the UK or elsewhere
  • for a commercial purpose or otherwise, for a charge or without a charge
  • without the need to demonstrate that it will benefit the authority, its area or persons resident or present in its area (although in practice councils will want to realise such benefits).
  • It can also fully engage with Suffolk County Council and Babergh District Council other key stake holders and other two and parish councils.

Without it, Hadleigh town council may not be able to

  • carry out a range of activity;
  • undertake certain works;
  • operate any lawful business; and
  • enter into any lawful transaction.

Without the GPC, Hadleigh town council could be deemed to be acting ultra vires (beyond it lawful powers) and decisions could be challenged in court.

The loss of the Power of Competence has raised questions over the town's ability to legally partner with other bodies, organisations, or authorities. leaving doubts over the £G pitch project, Hadleigh Invest and Hadleigh Vision among other projects.

Last week Hadleigh town clerk Wendy Brame was given the opportunity to declare if she was now CiLCA qualified, or close to be passing the exams, she failed to respond.

Town mayor Gordon McLeod was asked about the failure of Hadleigh Town Council's to retain its General Power of Competence (GPC), why the clerk had not passed her CilCA qualifications as required in her terms of employment back in 2021 and what actions the council planned in mitigation.

He has failed to respond.

The current Hadleigh town council without General Power of Competence consists of:

  • Gordon McLeod
  • Bill Wilson
  • Brian Loftus
  • Rickaby Shearly-Sanders
  • Rolf Beggerow
  • Peter Gower
  • Frank Minns
  • Sue Monks
  • Diane Bayliss
  • Helen Elliott
  • Adrian Taylor
  • Theresa Wright
  • Tony Miller and Roger Hewlett

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