Guidance on Submission of Public Petitions
Matters To Consider Before Submitting A Petition
There are various ways you can put your views to the Council before taking the step of submitting a petition. For instance, you can:
- Contact the relevant Council service to discuss your concern or request.
- Make a comment or complaint via the Council’s comments and complaints procedure.
- Contact one of your local ward Councillors to bring the matter to their attention.
Drawing Up Your Petition
If you have used these routes and feel that you still want to submit a petition you must follow the guidance set out below.
Submitting a Petition as an Individual or Organisation
- Petitions must include details of the person or organisation (eg a company, partnership, unincorporated association or group, if applicable) raising the petition.
- Details should include the full name of the principal petitioner, address and contact details (email and phone number).
- An individual raising a petition must live in the Clackmannanshire Council area.
- If the petition is raised by an organisation or group, that organisation or group must have a registered or service address in Clackmannanshire.
- A template (Form A) for completion by individuals or organisations is available on the Council’s website. It is advisable to use the template as it covers all of the matters covered in this guidance.
Submitting a Petition as a Business
- Petitions must include details of the business (e.g. company, partnership, sole trader) raising the petition.
- Details should include full name of the principal petitioner, business name, address and contact details (e-mail and phone number).
- The business must have a registered or service address in Clackmannanshire.
- There must be at least 5 other registered Clackmannanshire businesses or businesses having a place of business in Clackmannanshire supporting the petition.
- A template (Form B) for completion by business(es) is available on the Council’s website. It is advisable to use the template as it covers all of the matters covered in this guidance.
- Individual signatories to a petition must live in the Clackmannanshire Council area.
- For issues relating to Clackmannanshire as a whole, petitions will require at least 1000 individual signatories before they will be considered by the Committee.
- For issues relating to individual geographic areas within Clackmannanshire or which do not impact on the whole of Clackmannanshire, a smaller number of signatories will be required. The number of signatories required will be 10% of registered electors in the geographical area to which the petition relates.
- The petition should be titled and include a short, clear and concise statement (no more than 250 words) which covers the main subject of the petition and details of action which the petitioner wishes the Council to take.
- The top of every page of signatories must have the title of the petition and the petition statement which people are supporting.
- Only petitions regarding some interest or issue within Clackmannanshire will be considered by the appropriate Committee.
- Petitions must not contain language which is offensive, for example swear words, inflammatory, sarcastic or provocative language or other terms that could reasonably be considered as offensive by the reader.
- petitioners must ensure that information is submitted in good faith and does not include:
- false or defamatory statements
- information which is protected by an interdict or court order
- material which is commercially sensitive, confidential or which may cause personal distress or loss
- reference in the petition statement to the names of individuals.
Petitions should not be submitted (and will not be accepted by the Council) where they:
- challenge a decision if there is recourse to a legal remedy (such as the right of appeal to the Sheriff, recourse to the Lands Tribunal)
- relate to objections to Planning applications as these will be considered through separate guidelines governed by the appropriate legislation.
- relate to decisions which could result in court action
- refer to an issue where there is recourse to the complaints procedure or to the Ombudsman available
- relate to any situation where litigation may be involved
- request the direct reversal of a decision/action approved by Council in the last six months.
- are related to a subject that is the same or similar to a petition considered within the last 12 months.
Submitting Your Petition
Once you have drawn up your petition and checked it meets the criteria set out in this guidance, you should mark your petition for the attention of Depute Chief Executive, Clackmannanshire Council, Kilncraigs, Alloa, FK10 1EB.
Alternatively, you may submit a scanned copy of the full petition (including signatures) by email to firstname.lastname@example.org.
Please note that Council officers cannot participate in any photo call relating to the submission/receipt of a petition.
Once Your Petition Is Received
Your petition will be acknowledged within three working days of receipt. The members of the relevant committee, the Chief Executive, Depute Chief Executive and Executive Director will be notified that your petition has been received so you do not need to send in multiple copies.
Petitions which do not follow the guidelines will be rejected and you will be informed in writing of the reasons.
Once your petition has been verified as being correctly completed and meeting the criteria set out in this guidance, it will be considered at the next available meeting of the appropriate Committee. The Depute Chief Executive will invite petitioners to attend the meeting to speak in support of their petitions. If petitions have been submitted on similar issues they may be considered at the same meeting.
The appropriate Committee will listen to the views of the petitioners and ask questions to help decide on the most appropriate course of action. The Committee will report on every petition, in respect of which it has heard representations, to Council with its recommendation on how the petition should be disposed of, which could include:
- agreeing that the issue raised does not merit further action.
- instructing a Head of Service to complete an investigation and submit a report with recommendations on the disposal of the petition to a future Council meeting .
Within 7 working days of the Committee meeting, the Clerk to the Committee will write to the Principal Petitioner advising of the Committee's decision.
If you require further information on submitting a petition please contact us using the details below.
For Further Information Contact
Resources and Governance - Legal Services
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 450000