Local Government Lawyer

 

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Trafford Council Director of Legal and Governance


The Local Government Association (LGA) has called on the Government to make sector-led improvement support an alternative to appointing commissioners to councils at risk of failing to meet the Best Value Duty.

In its response to the consultation on revising the statutory guidance for the duty, the LGA urged the Ministry of Housing, Communities and Local Government (MHCLG) to co-create a new model of improvement, assurance and intervention that prioritises prevention and locally-led recovery.

The consultation, which closed this month, sought views on the suitability of the seven Best Value themes: continuous improvement, leadership, governance, culture, use of resources, service delivery, and partnerships and community engagement. It also asked whether the Government's approaches to assessing compliance with the duty and its intervention models were sufficiently clear.

The LGA said that commissioner-led intervention should be a last resort, with locally-owned improvement supported by the sector the preferred approach wherever a council retained the capacity to lead its own recovery.

The response also warned that the current model of inspection and intervention was "highly" costly for authorities, which were often already under significant financial pressure.

On finances it also said that growing demand for Exceptional Financial Support (EFS) is an "inevitable" outcome of long-term, system-wide cost and demand pressures rather than being driven by weakness in the performance of individual councils.

The response also recommended an early-warning arrangement between MHCLG and the LGA to identify emerging risks before Best Value failure occurred and agree appropriate support with councils.

The proposed system would include an escalation framework ranging from peer-led support and targeted reviews to improvement boards and non-statutory oversight, with statutory intervention used only where necessary.

The association also called for greater clarity on accountability between strategic authorities and their constituent councils, particularly where governance, organisational effectiveness and shared priorities overlapped.

In relation to governance, the LGA said the guidance should explicitly recognise the importance of scrutiny and internal audit functions being independent of decision-makers. It also called for clearer recognition of the links between service-level, corporate and strategic risk management.

The response supported the inclusion of cyber resilience in the guidance, warning that councils faced workforce shortages, capacity constraints, legacy technology and resource pressures that could impede improvements in cyber resilience.

It said any increase in expectations should be accompanied by sustainable funding, implementation support, workforce development and realistic delivery timescales.

Adam Carey

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