How can we help?

The team is led by Asma Shamin, a hugely experienced commercial property solicitor who leads the property aspect of our Town and Parish Council work.

Asma is supported by Roger Taylor, who has over 40 years’ experience in local government law and procedure, during which time he has acquired considerable depth of knowledge and experience in all matters.  Roger’s exceptional service to Town and Parish Councils has allowed Wellers to develop an enviable reputation as a market leader in this specialist field of law.

Wellers aims to set a new standard by addressing industry weaknesses, such as the lack of holistic, personalised support for communities and purpose-driven organisations. This standard is defined by direct access to expertise, long-term trusted relationships, and positive social impact. Redefining what it means to be a responsible law firm, and lead in providing client-focused, comprehensive legal guidance.

Committed to integrity and community, we create positive impacts that extend beyond the “mere” legalities. 

Our services include:

• Legal structures
• Local Government Procedures and Practices
• Governance
• Common Land Footpaths
• Rights of Way
• Village Greens
• Charitable Trusts
• Cemeteries and Burial Grounds
• Allotments
• Acquisition, Disposal, Leases and Transfer of Community Assets
• Contracts of Employment and employment matters
• Contracts and Procurement
• Data Protection and Freedom of Information
• Judicial Review
• General and Specialist Training

Legal structures

If you are responsible for an organisation set up to serve the community you will be aware that different legal structures available come with their own advantages and risks.

There is a type of company formed specifically to conduct business for the benefit of a community, known as a Community Interest Company (CIC). This type of company is also referred to as a Social Enterprise.

A CIC is not a charity, so it is not subject to charities regulation and this can provide benefits for organisations that seek to operate more as a business in their everyday interactions, although clearly the definitions of ‘benefit’ and ‘community’ need to be met.

When setting up a charity, there are several structures to choose from; the four main structures commonly used by charities are:

• Trusts
• Unincorporated associations, and
• Companies (limited by guarantee)
• Charitable Incorporated Organisation (CIO)

The main disadvantage with trusts and unincorporated associations are that they do not have a legal personality and cannot enter into contracts in their own name. 

Trustees or members may have personal liability.

The main disadvantage with Companies (limited by guarantee) is the requirement to submit returns and accounts to Companies House and Charity Commission.

Charitable Incorporated Organisation in our view are the better structure for many organisations serving the community for following reasons:

• A CIO is an incorporated entity with a separate legal personality from its trustees, which means that the CIO can enter into contracts in its own name.
• The trustees of a CIO are generally protected from liability as opposed to the trustees of a trust or the members of an unincorporated association.
• CIOs are not companies, so they only have to be registered with the Charity Commission (not Companies House) and are not subject to a dual regulatory regime of company law and charity law.
• The procedure for setting up a CIO is streamlined compared with the incorporation of a charitable company because the CIO is incorporated and registered as a charity by way of a single application to the Charity Commission.

Our Town and Parish Council team will be able to advise you on suitable structures and the process needed for transition from your existing arrangement.

General and Specialist Training

At Wellers we have developed a comprehensive set of training courses for those involved in Town and Parish Councils.

Core Councillor Training Workshop (3 hours): an introduction to the world of Town and Parish councils and the highly regulated environment in which they operate.  The session focuses upon the law and procedures applicable to Town and Parish Councils, the decision-making process and effective governance. It also explores the legal powers and duties of a local council and the differing roles and responsibilities of the Proper Officer / RFO, Councillors, and the Chairman.

Chairman’s Training Workshop (2 hours): an exploration of the unique statutory function and procedural role of the Chairman, for current and aspiring chairmen.

Training for the new Town or Parish Clerk (3 x three-hour sessions): these three activity-based and interactive sessions provide a comprehensive overview of the role of the Clerk and Responsible Financial Officer. The sessions cover an introduction to local council administration, the parish council meeting and the differing roles and responsibilities of the Proper Officer/ RFO, Councillor and the Chairman. Topics discussed include agendas, minutes, the code of conduct, standing orders, financial regulations, disclosable pecuniary interests, legal powers and the current system of internal and external audit. The sessions also recommend useful books and guidance for future reference.

Parish Meetings (90 minutes): what is a Parish Meeting and what can a Parish Meeting do? This session explores the operating context, statutory functions and role of a Parish Meeting.

Councillor Interests and the Code of Conduct (2 hours): an overview of what is expected of a local councillor. The session introduces the rules which govern Town and Parish Councils, focusing upon the code of conduct and how to correctly handle disclosable pecuniary interests, other interests, and the role of dispensations. The session also covers how to handle complaints about councillor conduct.

The General Data Protection Regulation (60 minutes): a brief session designed to provide Town and Parish councillors with an overview of the knowledge, training and awareness they need to make good decisions about how to implement and apply data protection law on a day to day basis.

Accurate Agendas and Effective Minutes Workshop (3 hours): the workshop outlines good practice in preparing and drafting effective agendas and the duties and responsibilities of the minute taker in the context of Town and Parish council meetings.  It will provide comparisons between good and poor practices, with practical support for writing difficult minutes. The session provides an opportunity for delegates to work together to construct an effective minute, with group feedback during the session.

The Experienced Councillor (2 hours): a refresher course designed for councillors who have attended initial councillor training and wish to know more. This session is designed for more experienced councillors to build upon the basics covered in core councillor training, receive key updates and refresh knowledge of local council procedure and practice.

Chairing and Facilitation Skills for Councillors (2 hours): a session designed for those who wish to learn the skills of a good chairman. The session includes practical guidance on managing latecomers and handling difficult or disruptive individuals, controlling the meeting, concluding the key points of debate and being a good facilitator.

Health & Safety and Compliance (90 minutes): Town and Parish Councils, as corporate decision-making bodies, need to build considerations of risk management and compliance into their day-to-day decision making, their structures and their operations.  Taking these issues seriously ensures that the Council is a robust, reliable and accountable body which members of the public can trust and rely upon.  Councils with large property portfolios and a broad range of functions must be particularly aware of their obligations to staff, public, volunteers, contractors and each other.   This 90-minute online session covers key areas of health and safety and compliance that are particularly relevant to the sector, such as tree management, play area inspections, building inspections, managing volunteers, managing fire and security risks, insurance, data protection, and freedom of information.

Property law for Town and Parish Councils (2 hours): this is a two hour session looking at property law as it applies to a Parish or Council acting in its role as the owner and manager of land or property, dealing with the responsibilities of land ownership like any other landowner. Their range of liabilities, risks and obligations they are required to navigate on a regular basis.  A series of case studies allow us to focus in greater depth on issues such as adverse possession, unauthorised access, legal rights of way, wayleaves and trespass.  This course is ideal for councils managing large portfolios of land and also suitable for smaller councils that are considering taking on ownership of land and buildings and would like to know more.