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The basic position -If you are entitled to vote in local
council elections, by law you have the right to inspect your council's
accounts and ask questions about, or challenge, them.
The right to inspect the accounts -When your council has
finalised its accounts for the previous financial year, usually
in the late summer, it must advertise
that they are available for people to look at. You then have 15
working days to look through the accounts and supporting documents.
You can get copies of the accounts and most of the relevant documents
from your council. You will probably have to pay a copying charge.
The right to ask the auditor questions about the accounts-
You can only ask the auditor questions about the accounts.
The auditor does not have to answer questions about the council's
policies, finances, procedures or anything else. Your question
must be about the accounts that they are auditing. The auditor
does not have to say whether they think something the council
has done, or an item in its accounts, is lawful or reasonable.
The right to object to the accounts - If you think that
the council has spent money that they shouldn't have done, or
that someone has caused a loss to the authority deliberately or
by behaving irresponsibly, you can object to the auditor by sending
them a formal 'notice of objection', which must be in writing.
You must tell the auditor why you are objecting. The auditor must
reach a decision on your objection. If you are not happy with
that decision, you can appeal to the courts.
You may also object if you think that there is something in the
accounts that the auditor should discuss with the council or tell
the public about in a 'public interest report'. Again, you must
give your reasons. In this case, the auditor must decide
whether to take any action. The auditor will normally, but does
not have to, give reasons for their decision and you cannot appeal
to the courts. You may not, however, use this 'right to object'
to make a personal complaint or claim against your council. You
should take these complaints to your local Citizens' Advice Bureau,
local Law Centre or your solicitor.
What else you can do - Instead of objecting, you can give
the auditor information that is relevant to their responsibilities.
For example, you can simply tell the auditor if you think that
something is wrong with the accounts or about waste and inefficiency
in the way the council runs its services. You do not have to follow
any set time limits or procedures. This is also the situation
for NHS organisations where you do not have the right to ask the
auditor questions about, or object to, the accounts. The auditor
does not have to give you a detailed report of their investigation
into the issues you have raised, but they will usually tell you
the general outcome.
A final word - Councils, and so local taxpayers, must meet the costs of dealing with questions and objections. When the auditor decides whether to take your objection further, they must take into account the costs that will be involved. They will only continue with the objection if it is in the public interest to do so. If you appeal to the courts, you might have to pay for the action yourself.
The Audit Commision have produced a booklet about Electors
Rights.
Councils
Accounts - Your Rights England ...