The Resurgence of Parish Council Powers in England

By Alistair Jones

Parish councils are often underappreciated and undervalued in what they do even though they are an essential part of the governing of England today. In spite of this, the number of parish councils and the roles they perform are increasing. This book explores the reasons for this apparent resurgence in parish councils. Some of it is a response to local demand, especially with the impact of austerity on local government as a whole. At the same time, austerity measures have seen moves to much larger units of local government. Again, the demand for a more local tier of government has resulted in the creation of new parish councils. There is a huge caveat and this is in relation to capacity. Do these new councils have the capacity to deliver the services demanded of them?

• Language: English
• Publisher: Palgrave Pivot
• Release date: Jun 10, 2020
• ISBN: 9783030451288

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© The Author(s) 2020

A. JonesThe Resurgence of Parish Council Powers in Englandhttps://doi.org/10.1007/978-3-030-45128-8_1

1. Introduction: What Is a Parish Council?

Alistair Jones¹  

(1)

Department of Politics, People and Place, De Montfort University, Leicester, UK

Alistair Jones

Email: [e-mail]

Abstract

Parish councils are not a new phenomenon in English politics or English local government. Rather, they have had a long and varied existence across parts of England. Today, however, much of England remains unparished.

Parish councils have no right of existence. In fact, their existence may depend upon the ‘politics’ within the local principal authority, which, in turn, may suffer the same insecurities in relation to Parliament. The establishing of parish councils requires the approval of the principal authority.

The most local tier of government in England is experiencing something of a resurgence. Here the scene is set as to why this might be the case.

Keywords

Parish councilsLocal governmentEngland

Introduction

Many years ago, a colleague gave an introductory lecture on local government to some first-year students. His opening point: local government is all about dustbins and dog poo; these are the two issues that bother most residents in any given council. Such a perspective does not engender much enthusiasm to research the subject further. Local government was, in effect, seen as the poor relation when examining the politics of the UK. Yet within local government, there is another poor relation: parish councils. Much of the literature on local government focuses on the principal authorities, their roles and powers, the relationships between the different tiers of council—districts or boroughs and county councils, the people involved in running the council—both the elected and the council officials, and the relationship between local government and central government. This comprises an extensive body of literature. Parish councils, however, tend not to get much coverage, and when there is coverage, it is often as a footnote or an afterthought.

Such a situation is exacerbated for parish councils by their portrayal in the media. Television programmes such as The Vicar of Dibley give what can best be described as a jaundiced view of parish councils. The local vicar is in charge, while the other members of the parish council are either self-serving, self-centred, or idiots. None of them are elected, or appear accountable for their actions in any way whatsoever. In fairness, there may well be parish councils which replicate such an image, but they are likely to be a very small minority. The vast majority of parish councils are served by hard-working, dedicated councillors, with a council clerk—whose role is essential. There are clear lines of accountability directly back to the local community.

What is also of note is that both central government and the principal authorities in local government (unitary local authorities or district or borough councils) are looking to enhance the role of parish councils. With central government pushing for larger unitary authorities, there is an acknowledgement that such local government is becoming too distant from the local community. Consequently, principal authorities are looking to develop and to enhance the role of parish councils. They are the most ‘local’ form of local government and are seen to have a far better connection with the local community than any other tier of government. This idea of enhancing the role of parish councils appears at odds with how they are portrayed, and how they are sometimes treated by people working in principal authorities.

This book will explore the extent to which parish councils are able to meet the demands of the other tiers of government. This introductory chapter will set the scene focusing on the historical development of parish councils as well as their ‘constitutional’ position. Thereafter, there will be an examination of the changing role of principal authorities and the extent to which parish councils have the potential to become far more prominent in local government. This could be, in particular, through the delivery of local services but parish councils can also play a prominent role in local engagement. There is a comparative chapter in this book. England is not the only country which has parish councils or similar styled bodies. These may be known as sub-municipalities in some of the international literature. The experiences of such bodies from across Europe and further afield may provide valuable lessons for the future roles of parish councils.

Yet this book raises concerns as well. There is apprehension over the extent to which parish councils have the capacity to deliver on the range of roles and services required from either principal authorities or central government. If there is not the capacity to deliver among parish councils, the issue then arises as to who can deliver such roles and services. From this point, the concluding chapter will draw together the disparate strands of the book. It will explore the extent to which the drive for new parish councils may be little more than a fad, as well as the potential longevity of the new parish councils which have been established. Currently, there appears to be a resurgence in parish councils—demand for creating new councils as well as granting more functions to pre-existing councils. The extent to which this will last is not known, nor can it be predicted. The predilections of central government, in this case towards local government, can change on a political whim. Parish councils are also dependent upon the relationship with the principal authorities. There are too many external pressures to know what might happen. The current feeling is more along the lines of do what you can while you can.

Historical Development of Parish Councils

Civil parish councils, as we understand them today, were formed in England under the Local Government Act 1894. The aim, quite simply, was for them to take on local oversight of civic duties in rural towns and villages. While this legislation is significant in detailing the role of parish councils for today, such a perspective suggests they are a relatively recent phenomenon in English local government. The reality is they date back much further, although with different roles and functions. The 1811 census noted over 15,000 parishes, townships and similar divisions (Fletcher 2013, 521). Webb and Webb (1963, 128–134) present examples of village meetings, dating back to 1689. Chandler (2007) and Fletcher (2013) note how care for the poor was assigned to parishes in the Elizabethan Poor Law Acts of 1597 and 1601. Similarly, Finer (1950, 118) describes parish councils as the most important area in local government for 500 years, particularly from the Tudors. Redlich and Hirst (1970, 198) go back further, highlighting how there have been three types of parish councils since the fifteenth century: ecclesiastical, civil, and statutory Poor Law parishes. Not only could these different types of parishes be co-extensive, but they sometimes straddled county lines. Therefore some form of parish council has operated in England for over half a millennium. The functions and boundaries may have changed over this period of time but the longevity is clear. Parish councils are an inherent part of England, not just English local government.

There is, however, a short caveat. As with today, not all of England was parished (Fletcher 2013). Urban areas, for example, may not have had parishes, although any urban area that had not been granted borough status was usually subject to parish government (Chandler 2007, 11). There was also a lack of co-ordinating of parishes. Parishes did not necessarily deliver the same functions in the same way. Even the mapping of the boundaries between parishes was problematic. Fletcher (2013) notes how the Ordnance Survey, which was established in 1791, was reluctant to map out the parish boundaries because of the expense. Even when legislation was passed for all of the boundaries to be mapped, with the Ordnance Survey Act 1841, the process was extremely slow. Thus the collation of what parish councils existed, what they did, and their boundaries, was not clear. It could be argued, if rather cynically, that parish councils were being overlooked centuries ago, just as they are today.

Within this historical overview of the old parishes, there has also been significant debate over the civil versus ecclesiastical parishes, and which came first. There appears to be agreement the civil parishes existed first. Redlich and Hirst (1970, 31) argue ecclesiastical parishes were based upon a civil unit—the township. Such civil units developed into the ecclesiastical parishes. Toulmin Smith (1857) is much more vociferous in asserting that the civil parishes pre-date the ecclesiastical. For him, they are the original secular division of the land (15). He does, however, note points of confusion. The Vestry clerk, for example, was the Secretary to the Parishioners while the Parish clerk had an ecclesiastical purpose. For a point of clarity, the duties of each are detailed in his work (207).

There is also extensive detail as to the role and function of the civil parishes. Coulson (1999) notes how the precursors to the modern parish councils dealt with roads, poor law, and schools. Toulmin Smith (1857, 4–5) presents a list which is then explored in greater detail in a subsequent chapter (1857, chapter 7). His list includes:

maintenance of highways and drainage

preventing or remedying nuisances to the Public Health (4)

appointing overseers and guardians of the Poor

appointing and controlling officers in relation to civil government

public lighting

public baths

Subsequent to this, Toulmin Smith (1857, 44) notes responsibility for the maintenance of public peace. This list of roles and responsibilities is by no means exhaustive. Gutchen (1961) cites the role of parish and town councils cleaning water supplies in the mid-nineteenth century.

It is the responsibility for law and order which was, arguably, the most important role for parishes. Parish Constables, like all office holders in a parish, were appointed by the parish and accountable to it. Yet, as an example of central interference, the County and Borough Police Act 1856 established a new system of policing based at the county level. This legislation did not repeal the role of Parish Constables. Instead, there were concurrent jurisdictions (Toulmin Smith 1857, 127). In this respect, central interference in the affairs of local government has a long history.

A significant part in the role of parishes, and one which continues today, is the extent to which it engages with the local community. Toulmin Smith (1857, 211–226) places great importance on the participation of parishioners. The most prominent form of participation was through the parish meeting. It was at such meetings that explanations could be given of local matters of importance. More broadly, the government of the parish was conducted through such regular open meetings.

By mid-Victorian times, there was a perception of parishes being too small for local needs, and there were suggestions for the parishes to be replaced (Chandler 2007, 49). Some of this was linked to the industrialisation of England and the concurrent decline in rural communities. The idea of parish councils, or any form of local government, as being too small to operate effectively and efficiently is something which prevails in England (if not across all of the UK) and will be further explored later in this book.

The Local Government Act 1894 was an attempt to reinvigorate parishes. It also marked the clear separation between the ecclesiastical and non-ecclesiastical bodies. All non-ecclesiastical functions were removed from the religious bodies and passed to the secular bodies. The religious bodies became known as ‘parochial church councils’.

In the 1894 legislation, rural parishes with a population of over 300 were required to have a parish council. If the population was between 100 and 300, the establishment of a parish council was