Rank: New forum user
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Hi all,
I work for a local Council, we have been asked a question regarding our duty of care to Elected Members.
Does anyone know what the legal status of elected members is? I have spoken to another authority and they seem a little confused too? They are not employees, but would they be classed as violunteers or just members of the public?
Thanks for your help.
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Rank: Super forum user
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Rank: Super forum user
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Rank: Super forum user
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Cannot comment specifically on your Council, but my [County] Council has a Department called 'Democratic Services' which would answer this question if it was addressed to them [about their Elected members]
If your council doesn't have such a department, ask your Legal Department - they should know
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Rank: Guest
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Alan Haynes wrote:Cannot comment specifically on your Council, but my [County] Council has a Department called 'Democratic Services' which would answer this question if it was addressed to them [about their Elected members]
If your council doesn't have such a department, ask your Legal Department - they should know
In my experience, 'Democratic Services' or even the Legal Department would normally seek the advice of the H&S Department if asked such a question!!
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Rank: Super forum user
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Now there's a question. Simple I thought. Just check in my handy Local Council Admin yellow book and it will tell me. But it doesn't! Loads of stuff about their duty to the council and what H&S means (see also Jays reference to the IOSH sponsored booklet) but nothing I could see about the council duty to them as elected members.
So apologies but all I can suggest is getting in touch with the nice folk at the Local Government Association who are probably the best to advise you. www.local.gov.uk
When you find out can you let us know please?
p48
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Rank: Guest
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Their 'status' is that of people who are not the Council's employees; but use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there.
So, for example they are owed duties under Sections 3 & 4 of HASAWA. They have duties, for example, under Section 8 and possibly under Section 36. (NB no Member has ever been prosecuted for a h&s offence AFAIK).
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Rank: Super forum user
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Stevie - I don't think that is exclusive to Bromley :-)
In addition to the various comments and links provided, and as a slight deviation from the original question, the LGE guidance/advice at http://www.lge.gov.uk/lg...pageId=119849#contents-6 also suggests that a member might be considered to be a senior for the purposes of CMCHA.
I tend not to 'worry' too much about the 'status' but rather concentrate on managing any risks, so for instance we provide PPE when attending planning site panels, and would inform them of anyone in their constituency who appears on our Potentially Violent Persons Register, and take action where they have been threatened or assaulted as the result of carrying out their public duties.
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