Councillors angered by budget letter 'threat'

Tom EdwardsHereford & Worcester political reporter
News imageBBC Dan Boatright-Greene is stood outside wearing an open necked shirt and a grey T-shirt underneath. He is also wearing glasses. Behind him on the left is a large honey-coloured stone with a plaque attached to it. In the background there is a tree and a car park, It is a sunny day.BBC
Councillor Dan Boatright-Greene has described the letter as either "brave or stupid" and constitutes "a thinly-veiled threat of imprisonment"

Worcestershire county councillors have been warned they could end up in legal trouble if they fail to pass the authority's latest annual budget.

A letter, compiled by the chief financial officer, says individual councillors could be held personally liable of a civil offence unless spending plans for 2026/27 are approved this month.

It comes as the council faces a financial crisis, with the Reform leadership attempting to secure emergency government support of £71 million pounds to stave off effective bankruptcy.

The council said the aim was to ensure "all councillors are aware of their responsibility", but one described the letter as "either an incredibly brave or stupid idea".

The council has asked the government for special permission to increase council tax by up to 10 per cent from April, although the Reform administration still hopes to bring in a lower rise.

But because Reform only controls 26 of the 57 county council seats, it operates as a minority administration and will have to rely on support from other parties to approve its budget.

The letter warns that failure to pass a budget will "have a significant impact on the council's reputation locally and nationally", adding it would likely "bring the council into disrepute".

News imageCouncillor Rob Wharton is looking at the camera while standing outside a council building, wearing a blue suit and pink shirt. Behind him on the right is a glass-doored entrance with a sign saying "Welcome to the Civic Centre" above it.
Councillor Rob Wharton, the deputy leader, has said the council is facing a "financial crisis"

It also says a deadlock would "cause cashflow issues" for the authority, resulting in delays in updating council tax bills in order to allow accurate direct debits to be collected from 1 April, that would have "a direct implication on the wider public".

A stalemate, it says, would incur "loss of revenue" and "significant extra costs" for the council, and that any councillors who were "reckless" in not approving a budget could be found guilty of "misfeasance in public office", a civil offence.

The letter has resulted in a backlash from some councillors, who say they feel "uneasy" about it.

Lib Dem Councillor Dan Boatright-Greene said: "It's either an incredibly brave or stupid idea to use a thinly veiled threat of imprisonment, when you are dealing with a budget of hundreds of millions of pounds.

"There's a sense of injustice about this. We are not being maliciously difficult in any way - it's gone down among councillors like a bucket of cold sick."

Conservative group leader Councillor Adam Kent said: "There is a sort of 'subliminal threat' to councillors that we've got to pass this budget. It was a bit of a weird email to send out."

News imageA man sat on a red sofa, wearing a black suit, white shirt and blue tie.
Conservative group leader Councillor Adam Kent called the memo "weird"

The full council meeting to approve the budget is due to take place on 26 February, although a second "reserve date" has been pencilled in for 6 March if it is needed.

The council has to set a budget by 11 March, or face intervention by the secretary of state.

What does 'misfeasance' in office mean?

  • Misfeasance in public office is an offence carrying a maximum sentence of life imprisonment
  • The offence covers 'wilful abuse' or 'neglect of the power or responsibilities held'
  • To be found guilty, a public official must have knowingly abused their authority or behaved recklessly
  • Their actions must also have resulted in harm, injury, financial loss or damage to a third party
  • Prosecutions are rare - the law applies to a specific group of public sector officials including councillors, police officers, coroners and magistrates

Bosses at the authority have defended the tone of the letter, saying many politicians were elected for the first time last year.

"Many councils issue similar guidance to councillors in relation to budget setting," a spokesperson said.

"Following the elections there were 36 new county councillors elected out of a total of 57.

"The guidance is to make sure all councillors are aware of their responsibility in facilitating the council to set a lawful budget."

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