Governance

Local authority constitutions and the right of councillors to vote

The Supreme Court has handed down a landmark ruling on the lawfulness of a provision in a local authority's constitution which restricted voting by members on deferred applications for planning permission to those who had been present at the meeting or meetings at which the application had previously been considered. Philip McCourt set out the key points from the judgment. Read more

NEWS

Apr 11, 2025

Government to issue statutory guidance on audit committees in effort to fix local audit backlog

The Government has announced a raft of new commitments aimed at tackling the local audit backlog, including a promise to issue statutory guidance on audit committees.

Apr 10, 2025

Liverpool earns confidence of improvement board after four years of intervention

Liverpool City Council's Assurance and Improvement Board has expressed confidence in the senior officer and political team's ability to lead the local authority and respond to future challenges following almost four years of Government intervention.

Apr 08, 2025

Council to "put right" £1.15m payment controversy, says deputy leader

The deputy leader of Castle Point Borough Council has reiterated a commitment to "put right" historic potentially unlawful payments made to senior management known to be worth up to £1.15m.

Apr 07, 2025

Government to review every quango “to see if its existence is justified”

The Cabinet Office is to conduct a review of every arm’s length body (ALB) or quango across government, with a view to close, merge or bring functions back into departments if its continued existence cannot be justified.

Apr 04, 2025

Birmingham remains in a “fragile” position, minister warns

Birmingham City Council remains in a "fragile" position, as an ongoing dispute over its waste service escalates to a "major incident”, the Local Government Minister has warned.

Apr 03, 2025

London councils call for bespoke devolution deal in English Devolution Bill

Council leaders across London have called for bespoke devolution arrangements in London to be included in the Government's forthcoming English Devolution Bill.

Apr 03, 2025

Combined authority issued with best value notice

The Ministry for Housing, Communities and Local Government (MHCLG) has issued Tees Valley Combined Authority with a best value notice over governance and culture concerns.

Apr 01, 2025

Birmingham has better understanding of work required for recovery but “cultural dysfunction” is among risks to progress: Commissioners

Birmingham City Council continues to face significant challenges in finances, equal pay, culture, governance, services, and transformation, the local authority's Commissioners have reported.

Mar 31, 2025

Former Liverpool mayor denies bribery and misconduct charges

Former Liverpool mayor Joe Anderson has vowed to clear his name after appearing in court on bribery and misconduct charges.

Mar 26, 2025

High Court awards £20,000 in damages to parish clerk over defamatory Facebook posts by councillor

A parish clerk has been awarded £20,000 in damages after defamatory social media posts by a parish councillor, who was “consumed with a very strong personal dislike” of the clerk, were found to have caused serious harm to their reputation.

Mar 26, 2025

Spring Statement could mean reduction to MHCLG budget: County Councils Network

The County Councils Network (CCN) has expressed concern after reporting that the Chancellor of the Exchequer’s Spring Statement indicates the Ministry of Housing, Communities and Local Government (MHCLG) could see reduced funding over the course of this Parliament.

Mar 26, 2025

Councils entitled to create standing orders regulating circumstances in which a member will be entitled to vote: Supreme Court

The Supreme Court has unanimously dismissed an appeal concerning whether Tower Hamlets Council was entitled to make a rule that only councillors who had been present when a planning application had previously been considered could vote on the deferred application.

FEATURES AND ANALYSIS

April 04, 2025

Thinking ahead

Philip McCourt and Kirtpal Kaur Aujla comment on the contractual and commercial tasks ahead for local government reorganisation.

March 26, 2025

Understanding the Local Authorities (Functions and Responsibilities) (England) Regulations 2000

Ella Royle and Richard Barlow examine the role played by The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 in governance in local government.

March 26, 2025

Approaching the pre-election period

Ahead of the May 2025 elections, Geoff Wild provides guidance for officers and members on the "dos and don'ts" during the pre-election period (‘‘purdah’).

March 26, 2025

AI in Local Government

Ibrahim Hasan looks at the legal issues that must be navigated around the use of AI in local government.

March 14, 2025

Raising the standard - or a missed opportunity?

Matt Lewin reflects on the Government’s consultation on reforms to the standards and conduct framework.

March 07, 2025

Understanding the key staffing issues in Local Government Reorganisation

Sarah Lamont sets out some of the main employment considerations arising out of the Government’s plans for local government reorganisation.

February 26, 2025

Navigating the devolution revolution: A guide for local authorities

Since the English Devolution White Paper was published in December 2024, the first tranche of councils have taken initial steps towards local government reorganisation. Laura Hughes explains what has happened so far and what all local authorities need to be considering.

February 26, 2025

Disqualification as an elected member

Geoff Wild provides a timely update on what disqualifies someone from being an elected member.

MORE NEWS

Mar 26, 2025

Council drops plan to demote monitoring officer after CIPFA review

Somerset Council has adopted a staffing restructuring plan that places the monitoring officer in the second tier of the organisation, following a CIPFA report that criticised proposals to move the role to a fourth-tier position.

Mar 26, 2025

All 21 areas met deadline for submitting interim plans for reorganisation: McMahon

Every single area of two-tier authorities and their neighbouring small unitaries responded to the Government’s invitation to submit interim plans for reorganisation by the deadline of 21 March, the Minister of State for Local Government and English Devolution has confirmed.

Mar 25, 2025

Electoral staff facing “intolerable” conditions with more than half reporting abuse, survey finds

While the 2024 general election was well-managed, the resilience of electoral processes is "questionable", with staff consistently reporting time and resourcing problems, the Local Government Information Unit (LGIU) has warned.

Mar 25, 2025

Standards watchdog calls on public sector organisations to foster culture of openness in bid to address early warning signs of emerging problems

Public sector organisations must facilitate a culture where speaking up about concerns and learning from mistakes are "seen as a personal duty and are valued by everyone in the organisation", the Committee for Standards in Public Life has urged.

Mar 25, 2025

Infrastructure and Projects Authority issues guidance on navigating risks of PFI project distress

The Infrastructure and Projects Authority has issued technical guidance for PFI contract senior responsible owners and contract managers in England to help them identify signs of PFI project distress.

Mar 24, 2025

Committee for Standards in Public Life backs stricter standards regime, including disqualification

The Committee for Standards in Public Life has backed proposals to bolster the standards regime in England, including provisions that would see a mandatory minimum prescribed code of conduct as well as new powers to suspend and even disqualify councillors in extreme cases.

Mar 24, 2025

Scrutiny committee asks cabinet to reconsider land sales amid concerns of possible breach of constitutional rules

Derby City Council's executive scrutiny board has resolved to uphold a call-in notice of a decision to sell two parcels of land and refer the issue back to the authority’s Cabinet for reconsideration.

Mar 24, 2025

No more “sticking plasters” LGA chair urges ahead of local government spending review

The time for "sticking plasters and emergency government bailouts needs to come to an end", the Local Government Association's (LGA) chair has said after a survey revealed nearly three-quarters of responding councils felt it will be very or fairly difficult to set a balanced budget for 2025/26.

Mar 21, 2025

Supreme Court to hand down judgment over council rule on councillor voting and deferred planning applications

The Supreme Court will next week hand down its much anticipated ruling in a dispute about whether Tower Hamlets Council was entitled to make a rule that only councillors who had been present when a planning application had previously been considered could vote on deferred applications.

Mar 21, 2025

Counties warn of “financial catastrophe” in 12 months’ time, with “unmanageable” SEND deficits risking bankruptcy for half of England’s largest councils

The County Councils Network (CCN) has today (21 March) claimed that there are just 12 months to avoid a “financial catastrophe” for English local authorities, with almost £6bn in special educational needs and disabilities (SEND) deficits set to be placed on their balance sheets in March 2026.

Mar 19, 2025

MPs accuse Government of not having sufficient oversight of local authority finances

The Government does not have sufficient oversight over "worsening" local authority finances and its ability to effectively monitor financial pressure within local authorities has been undermined, at a time when some councils are already in poor financial health, the Public Accounts Committee (PAC) has warned.

Mar 18, 2025

ICO announces new statutory code to regulate AI in public and private sector

The Information Commissioner's Office (ICO) is set to introduce a statutory code of practice for public and private sector organisations on developing and deploying artificial intelligence (AI).

Mar 17, 2025

Government poised to send commissioners into borough council after damning best value report

The Government is minded to send commissioners in to Spelthorne Borough Council after a best value report found the council in a "critical financial position, burdened by unsustainable debt levels, significant investment risks, and systemic governance weaknesses".

Mar 12, 2025

Mandatory code of conduct central to reforms to local government standards regime, minister says

At the foundation of the Government’s planned reforms to the local government standards regime is the proposal for a mandatory code of conduct, the Minister of State for Local Government and English Devolution, Jim McMahon, has said.

Mar 11, 2025

Council agrees to improve voting accessibility for blind voters after settling legal challenge

Croydon Council has agreed to make reasonable adjustments for visually impaired people at future elections, after settling a legal challenge.

Mar 10, 2025

Data fails to show link between size of council and its performance: District Councils Network

The District Councils Network (DCN) has published data which it claims reveals the lack of any link between councils’ size and performance, “undermining the Government’s case to impose mega councils across England”.

Mar 07, 2025

Large unitary councils “essential” and could save £1.8bn: County Councils Network

Establishing unitary councils covering 500,000 or more people is "absolutely essential" and could save almost £2bn over five years, the County Councils’ Network (CCN) has said.

Mar 07, 2025

Council commissions legal advice over leak of information following confidential briefing of members

Police could be called into Harborough District Council after a draft local plan was leaked days before it was set to be discussed in public, the council's leader is reported to have said.

Mar 06, 2025

Minister “reassured” by improvements at borough council

A local government minister has said she is "reassured" by Woking Borough Council's commitment to achieving the objectives set out by its Commissioners and which will see a radical overhaul of the local authority's operation, but has echoed concerns about the council's capacity to deliver change.

Mar 06, 2025

Minister acknowledges “significant steps forward” at Thurrock including on governance, but warns of need for changes to be embedded

It is clear that Thurrock Council is working hard to meet its Best Value Duty and it is positive to see a corporate plan and conclusion of a governance review, “both significant steps forward”, a Government minister has said.

Mar 06, 2025

Just one in 10 councils believe they have been adequately involved in reorganisation plans: report

Senior local government figures have expressed serious concerns about reorganisation in responses to a Local Government Information Unit (LGIU) survey that revealed only one in 10 believe they have been adequately involved.

Mar 05, 2025

Government decides against renewing best value notice for mayoral combined authority

The Ministry of Housing, Communities and Local Government (MHCLG) has decided not to reissue a best value notice for the West of England Mayoral Combined Authority (WECA) in light of a number of improvements, including better relationships within the authority.

Feb 28, 2025

Whole government response essential to financial sustainability across local government: National Audit Office

The National Audit Office (NAO) has recommended a whole-system, cross-government approach to ensure local authorities' financial sustainability amid planned local government funding and service reforms and the upcoming spending review.

Feb 28, 2025

Local Government Association backs power to suspend councillors but warns it must not be default punishment

The Local Government Association has backed proposals to provide for a wider range of meaningful sanctions to deal with extreme or persistent breaches of a council's code of conduct, including the ability to suspend councillors for a period of up to six months "where this is appropriate".

Feb 27, 2025

Deliberate deception should be offence for Senedd politicians and election candidates, says standards committee

The law in Wales should be strengthened to prevent and punish politicians and election candidates who deliberately lie, the Senedd's Standards of Conduct Committee has said.

Feb 27, 2025

Government decides against reissuing best value notice for Yorkshire council

The Government has decided not to reissue a non-statutory Best Value Notice handed to the City of Bradford Metropolitan District Council last year, in light of improvements in the relationship between the local authority and a children's services trust.

Feb 27, 2025

Suspension an “essential tool” for holding members to account: LLG

Lawyers in Local Government (LLG) has called for the introduction of a mandatory Code of Conduct for councils and voiced support for powers to suspend members in its response to the Government's consultation on standards reforms.

Feb 26, 2025

Government to bring in single construction regulator, new legal duty of candour for public bodies after accepting Grenfell inquiry report recommendations in full

The Government has accepted all 58 recommendations in the Grenfell Tower Inquiry’s final report, and will introduce a new single construction regulator “to ensure those responsible for building safety are held to account”.

Feb 26, 2025

Judicial review claims by councils rise but permissions drop, says report

The number of judicial review claims brought by local authorities has risen steadily since 2021, but permissions have fallen, a report from law firm Burges Salmon has found.

Feb 24, 2025

Crown Commercial Service to procure £820m Legal Panel for Government

The Crown Commercial Service (CCS) has issued a contract notice on its proposed procurement of a Legal Panel for Government.

MORE FEATURES

February 21, 2025

Five challenges facing local government in 2025

Local government is facing a complex and shifting operational landscape, shaped by ongoing budgetary pressures, ambitious policy objectives, and new legislative frameworks. Lawyers from the Government & Public Services team at TLT identify their top five challenges for 2025 and offer some thoughts on the best approach to tackling them.

February 14, 2025

The standards pendulum – 1927 to now

This is the third article in Bevan Brittan’s series considering the potential impacts of the English Devolution White Paper, this time looking at the standards element.

January 29, 2025

Proposed changes to the Judicial Review Pre-Action Protocol

Glyn Lancefield examines the Civil Justice Council's proposed reforms to the Judicial Review Pre-Action Protocol.

January 29, 2025

Member and officer indemnities

Geoff Wild sets out the key considerations when it comes to member and officer indemnities.

January 29, 2025

A strengthening of the member conduct regime in England?

Simon Goacher sets out the key findings we can take from the government's published consultation.

January 29, 2025

The White Paper – new organisations and new rule books to come

In the second in a series of articles on the English Devolution White Paper, Philip McCourt looks at the establishment of new councils and the drafting of their constitutions.

January 24, 2025

Viva La Devolution!

Perhaps it is more like revolution, certainly rapid evolution, and possibly even in some respects the reverse of devolution, writes Simon Ricketts.

January 17, 2025

Navigating the future: A consultative approach to local government funding reform

Peter Ware considers the Government’s proposed approach to local authority funding reform through the local government finance settlement from 2026-27.

January 15, 2025

‘All hail the Mayor’

Philip McCourt sets out some key considerations arising out of the English Devolution White Paper.

January 10, 2025

Devolution: the opportunities and the challenges

The Government’s proposals for reorganisation of local authorities in England are broadly welcome, writes Simon Goacher.

January 02, 2025

A shift in policy – More focused and cautious approach to legal reform nearly 4 years after Brexit?

Elizabeth Withers and Sally Stock provide insight into the decision not to enact Section 6 of the Retained EU Law Act.

January 02, 2025

Summary of the English Devolution White Paper

Rachel Murray-Smith, Beth Edwards and Freddie Farrell provide an overview of the white paper on devolution intended to increase powers of local authorities.

December 20, 2024

Bold ambitions

Amardeep Gill and Paul McDermott analyse the government’s English Devolution White Paper.

December 17, 2024

Mind the gap(s)

Lottie Winson speaks with the Local Government and Social Care Ombudsman, Amerdeep Somal, about her plans to address “accountability gaps”, challenges within the Special Educational Needs and Disabilities (SEND) system, and the key findings and recommendations of the Ombudsman’s recently published Triennial Review.

December 17, 2024

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