One Community - Two Councils

Law, decisions and responsibility

We have a Cockey Lamp outside our house. It is a rich part of the history of the town and something unique to Frome, which we are thrilled to see everyday as we go about our modern-life business.

But, when I first moved to Frome, the light went out. I got in touch with the Frome Town Council (FTC) to ask who was responsible for the light - someone was paying the bill, and it was definitely not us. The Town Council told us it was either Somerset Council or the-then Mendip District Council (MDC). I contacted both, and neither of them had any idea, or desire to help. So, I went back to the FTC…

After a lot of back-and-forthing, asking, and pleading, the FTC agreed to change the bulb as a ‘health and safety’ concern.

But the light has gone out again, and the FTC won’t do it again.

So, who IS responsible, and who can I legally get to help?

Let’s look at the different roles of the two councils we now fall under (MDC no longer exists - it was absorbed into Somerset in May 2023. So now we don’t have Somerset County Council. It is officially known as Somerset Unitary Authority, or simply Somerset Council).

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1. Level of Government

Somerset Council

Since May 2023, Somerset Council is responsible for all local government functions. It covers a large geographical area and a population of approximately 588,328 (as of 2024).

Frome Town Council

As a parish/town council, Frome Town Council is the most local and community-centred level of democracy, and focuses on the town (within the legal boundaries) and its residents of about 28,000 - 30,000 people.

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2. Legal Powers & Responsibilities

Somerset Council

The large council handles statutory (decided and controlled by law), legally required services, including:

• Adult social care

• Children’s services & safeguarding

• Education (incl. school admissions)

• Highways & transport

• Waste & recycling

• Planning & development control

• Public health

• Housing & homelessness prevention

• Climate strategy (county-level)

• Libraries & registrars

• Trading standards

• Emergency planning

If it is legally required and expensive, it sits with Somerset Council.

Frome Town Council

Manages discretionary (by choice and not decided by law) powers and things a community chooses to prioritise.
This typical includes:

• Community events and well-being initiatives

• Local parks, play areas, town centre spaces

• Small-scale planning input (as a consultee, not a decision-maker)

• Allotments and green spaces

• Local partnerships, youth work, people projects

• Local climate initiatives

• Community development and engagement

• Grants to local groups

If it is hyper-local, relational, and community-building, it sits with the Frome Town Council.

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3. Decision-Making

Somerset Council

Decisions made at Somerset Council are made on a large-scale and have a county-wide impact. Statutory decisions come first but have to be balanced with budgetary pressures. Often the contracts involve multi-million-pound investments or service contracts.

Frome Town Council

A town council has the freedom and flexibility to make small, but highly -targeted decisions. Thy can respond to local needs and can be more innovative because so little of what they do is bound by law (statutory).

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4. Procurement & Finance

Somerset Council

The council is responsible for between £700 and £800 million which involves complex financial pressures (social care demand, inflation, capital financing, etc.). The procurement process is often-high risk, regulated and involves long-term contracts which affect the whole of the county area. The government process demands ‘value for money’ and legal compliance.

Frome Town Council

For 2025/26 the Frome Town Council approved a total budget of £3,678,543. The council is mostly funded through precept (the amount of money the town council asks residents to pay towards its annual budget), grants, and project funding. And the procurement process is low-risk, local and community-driven.

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5. Performance & Accountability

Somerset Council

Due to the council’s statutory requirements, it must publish statutory performance data, budget reports, audit findings, procurement records, and corporate plans. It is subject to the Ombudsman, government interventions, and external audits.

Frome Town Council

Accountability is more immediate and informal. It may come through the form of residents’ meetings, local feedback loops and voluntary audits. Performance is measured through community impact, not statutory metrics.

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Somerset Council must do things by law (obligation). The Frome Town Council chooses to do things with the money available. It is our responsibility to ensure the town council uses its money well, impacts the most people, and is focused on reducing spending on passion projects, and overall spending on staff costs.

And it is up to us (councillors and residents of Somerset) to hold Somerset Council to account to and to keep an eye on the spending - spending of OUR money.

And our Cockey Lamp - well, it is on our land but it is protected and we are not allowed to touch. Ultimately it is now the responsibility of Somerset Council, but with the lack of money, who knows who will replace the bulb. It will no doubt be an on-going issue.

Wish me luck!