Estimated reading time: 7 minutes
When a parish or town clerk leaves, one question usually emerges very quickly:
“Who is in charge now?”
The short answer is that the council remains in charge of the council’s decisions. But somebody still needs to manage the administration, provide professional advice, maintain the records and implement those decisions.
A clerk vacancy does not turn the chair into an acting chief executive by default, nor does it give every councillor an equal share of the clerk’s inbox. Clear boundaries are particularly important during a vacancy because informal arrangements can quickly become confusing, risky and difficult to reverse.
The council remains the decision making body
A parish or town council acts as a corporate body. Its decisions are normally made collectively at properly convened meetings or through authority that the council has formally delegated.
Individual councillors do not generally acquire authority to act for the council simply because there is no clerk in post.
A councillor may volunteer to contact a contractor, draft a document or investigate an issue, but the council should be clear about:
what the councillor has been authorised to do;
what decisions remain for the council;
whether expenditure has been approved;
where council records will be stored; and
who will communicate the outcome.
Without that clarity, three councillors may contact the same contractor and receive three different answers, an outcome that is efficient only if the objective was to create four problems from one.
What is the chair’s role?
The chair has an important leadership role. During a vacancy, they may help the council identify priorities, bring councillors together, support staff and ensure that urgent matters are placed before the council.
However, the chair is not automatically the clerk’s line-for-line replacement.
Being elected chair does not, by itself, transfer the functions of the Proper Officer, Responsible Financial Officer or other officer appointments. The chair should not make council decisions alone unless a specific lawful delegation permits it.
The distinction is important:
the chair leads meetings;
the council makes collective decisions;
officers provide advice and administration; and
delegated authority determines what can happen between meetings.
A capable chair helps create order. They should not be expected to become the council’s unpaid emergency administration department indefinitely.
Can councillors undertake administrative work?
Councillors can help with practical tasks, but the arrangements require care.
The council should distinguish between:
a councillor assisting with a limited task;
a councillor acting under delegated authority;
a councillor being formally appointed to an officer role; and
an employee or contractor providing professional cover.
The Local Government Act 1972 permits a parish council, in particular circumstances, to appoint one or more of its members as unpaid officers. That does not mean this will always be the most suitable governance arrangement.
Before placing a councillor in an officer role, the council should consider:
potential conflicts between councillor and officer responsibilities;
access to confidential employment and personal information;
insurance and data protection;
financial controls;
the individual’s knowledge and capacity;
how instructions will be given; and
how long the arrangement is expected to last.
Taking minutes or forwarding correspondence for one meeting is different from assuming responsibility for statutory processes, financial administration and professional advice.
Who is the Proper Officer?
“Proper Officer” is a statutory description for the person appointed to perform particular functions. In many parish and town councils, the clerk holds this appointment.
The Proper Officer’s work commonly includes responsibilities connected with convening meetings, issuing summonses, publishing notices and maintaining formal records.
The position should be checked rather than assumed. The council should review its previous resolutions, standing orders and scheme of delegation to establish:
who currently holds the appointment;
which functions have been assigned;
whether the appointment ended with the clerk’s employment; and
what interim appointment is required.
A meeting cannot be made lawful through optimism. If there is uncertainty about who can convene it or authenticate the summons, the council should obtain advice before proceeding.
Who looks after the finances?
The Responsible Financial Officer is responsible for administering the council’s financial affairs. The role may be combined with the clerk’s post, but it remains a distinct responsibility.
During a vacancy, the council must maintain:
payroll and pension administration;
proper accounting records;
payment controls;
bank reconciliations;
budget monitoring;
VAT arrangements;
audit preparation; and
secure access to financial systems.
The council should formally identify who will undertake the function during the vacancy.
Bank signatories are not necessarily the Responsible Financial Officer. Equally, access to online banking does not confer authority to decide what the council should purchase.
Temporary arrangements should preserve proper checks. Convenience is helpful; an audit trail is better.
What can existing employees do?
Where the council employs other staff, some duties may be reassigned temporarily. This should be handled as an employment matter rather than assumed.
Consider:
the employee’s contract and job description;
whether the duties are reasonable and appropriate;
whether additional hours or remuneration are required;
what training and supervision will be provided;
which matters remain beyond the employee’s authority; and
the duration of the arrangement.
An amenities officer, administrator or deputy clerk may hold valuable organisational knowledge. That does not automatically mean they should absorb the whole clerk and RFO role alongside their existing job.
Any temporary change should be discussed, documented and kept under review.
What can be delegated?
A clear scheme of delegation becomes particularly valuable during a vacancy.
The council can identify which decisions must return to a meeting and which operational matters may be handled under existing or temporary delegated authority.
Delegations should define:
who may act;
the scope of the authority;
any financial limit;
consultation requirements;
how decisions will be recorded; and
when the delegation will end or be reviewed.
Vague instructions such as “deal with anything urgent” leave too much room for disagreement about what “urgent” and “deal with” actually mean.
A written delegation protects both the council and the person being asked to act.
When does a locum clerk help?
A locum clerk can provide a clear officer structure while the council considers its longer term arrangements.
Depending on the brief, a locum may:
act as clerk and Proper Officer;
undertake or support the RFO function;
prepare agendas and minutes;
maintain correspondence and records;
identify immediate governance risks;
organise the outgoing clerk’s handover;
support existing employees;
help the council review the permanent post; and
assist with recruitment and induction.
The council should agree the scope, authority, hours, reporting arrangements and employment or contractual status at the outset.
A locum is not there to take over the council’s decisions. Their role is to help the council make and implement those decisions properly.
A practical interim structure
Although every council is different, a workable temporary arrangement might include:
the council setting priorities and approving interim appointments;
the chair coordinating political leadership and communication with members;
an appointed locum or existing officer managing council administration;
a clearly appointed person undertaking the RFO function;
councillors completing specific authorised tasks; and
regular reports to the council on progress, risks and outstanding decisions.
This provides clarity without asking one individual to become chair, clerk, RFO, website administrator, HR adviser and keeper of the noticeboard key.
Clarity matters more than heroics
During a vacancy, people often step forward with the best intentions. That willingness is valuable, but a council cannot rely indefinitely on goodwill and informal arrangements.
The safest approach is to decide and record:
who holds each officer appointment;
who may make which decisions;
who manages the finances;
who communicates on behalf of the council;
what support is required; and
when the arrangements will be reviewed.
A vacancy is manageable when responsibilities are visible. It becomes risky when important functions are being performed by several people, or, worse, when everyone assumes that somebody else is doing them.
This article provides general guidance for parish and town councils in England. Councils should check their standing orders, financial regulations, employment arrangements and existing delegations, and obtain appropriate advice where necessary.
Previous articles in this series:
Clerk Leaving? A Practical Continuity Plan for Parish and Town Councils
The First Seven Days After a Clerk Resigns