by Rachel Spencer (Advice Manager)
3 August 2010
There is no escaping the news. The Government has announced significant cuts to most departments' budgets, and all local authorities, if they have not done so already, will be making cuts to public services and grant programmes. The Coalition in Reading has maintained voluntary sector funding for this financial year but what will happen if your public funding is cut.
The Public Law Project newsletter Empowering the voluntary sector gives advice on how the Compact, public law and equalities duties can be used when challenging cuts.
The Compact
The Compact outlines principles that the government and the local authority should adhere to when working with/funding voluntary organisations. The Compact does not say that cuts can't be made, but it does say how public bodies should behave when making them including:
1. assess the impact on beneficiaries
2. discuss potential implications with organisations and give them a chance to respond
3. give at least three months' notice
Public Law
Public bodies must act in a legal, fair and rational manner. Before making a decision they must:
1. take into account relevant information and disregard irrelevant information
2. give those affected a chance to be heard
3. follow their own procedures and keep to their stated commitments [unless there is a good reason not to]
4. comply with any legal duties, including under equality legislation [see below]
Equalities duties
Public bodies must also ensure they have had due regard to their equalities duties. This means they must take a proactive approach to eliminate discrimination and promote equality and consider if their decisions are likely to have an impact on equality of opportunity.
Remedies - what can we do?
Series breaches of public law and equalities duties can sometimes be challenged by judicial review. Cases must be brought promptly and no later than three months after the decision was taken. Less serious breaches of public law may be dealt with by using the public body complaint process or the ombudsman schemes.
All trustees have a responsibility to make sure they know how best to protect their organisation. Terry Perkins from the Public Law Project will be providing a comprehensive briefing at the next Trustee Network Reading event. To find out more and to book a space go to -
www.rvadirectory.org.uk/event/20100914/trustee-network-reading
TNR
Learn more at:
The Public Law Project
RVA is not responsible for the content of external internet sites
