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NCTJ Diploma in Journalism Course

ESSENTIAL PU LIC A!!AI"S

INT"#DUCTI#N$ %#& T# STUD' EPA

This Module includes Teaching Material, Definitions and Exam Questions. However, as a good journalist, you will want to supplement this material with your own studies. nce you have completed your studies, you will !e a!le to sit the "#T$ Essential %u!lic &ffairs exam. This exam re'uires you to understand the way this country is governed, centrally, locally and !y Europe. The exam 'uestions primarily re'uire you to provide thorough and accurate definitions of certain things. This course simplifies the study process !y recommending that you study in a certain way, !ased on successful exam techni'ue( ). *ead the Teaching Material !elow, and !ac+ it up with internet research. ,. Ta+e notes as you go. -. .rite down anything you do not understand so that you can refer this to your tutor. /. Discuss any 'ueries !y emailing your tutor.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

0. Try to relate what you have learned to current affairs. This will help you remem!er what you have read. .atch the news, read the papers( you will see a lot of central and local government theory unfolding !efore your eyes1 2ou will achieve higher exam mar+s if you can include !rief, recent examples from the news. .hen you have completed stages )30, attempt the exam 'uestions, with or without referring to the Teaching Material( it4s up to you. 5f you thin+ using the Teaching Material will help you, then do so. The main 'uestions should ta+e you around ,6 mins to handwrite. 7o you will need to summarise the Teaching Material. 8. 7elf assess your answers 9 see details !elow.

SECTI#N ($ C#NT"#LLIN) P#&E"

INT"#DUCTI#N This module is split into three modules( ). ,. -. :ocal ;overnment #entral ;overnment Europe

Topics within each module are followed !y a series of useful we! lin+s for current issues and further study. &t the end of the module is a series of sample exam 'uestions

*o+ule ($ Local )o,ernment TEAC%IN) *ATE"IAL

& useful we!site for this su!3section is(

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

-ttp$..www.+irect./o,.u0.en.)o,ernmentcitizensan+ri/-ts.U1/o,ernment.Local/o ,ernment.D)23455(6 There is a considera!le degree of variation in the administration of local government across the <=. The +ey to understanding this module is to loo+ at the local authority where you live or, if outside the <=, choose a place you have heard of, or simply choose a major city or town at random. "ext, visit -ttps$..www./o,.u0.7in+89our8local8council to get a lin+ to its we!site. 7pend time on the site and loo+ at how the authority is structured and how it manages its decision3ma+ing process. This will help you understand the module notes. The +ey is to !e aware of the many variations in the administration of local government 9 they do not conform to a single model.

INTRODUCTION
1e9 points$ :ocal government in the England and .ales is !ased on two main systems 9 areas have either a one3tier administration or a two3tier administration. ne tier administrations are called unitary local authorities Two tier administrations consist of county and district councils Terminolo/9 an+ +e7initions The definitions of the various levels and structures are sometimes frustratingly interchangea!le. The !oundaries defining some areas may !e ceremonial or geographical. >or example, )?@/ reorganisation of local government saw the creation of the metropolitan !orough of ldham. This includes an area +nown as 7addleworth, !ut for some residents it will forever remain the .est *iding of 2or+shire. ;reater Manchester #ounty #ouncil was a!olished in )?68, and administrative functions were devolved to the )A metropolitan !oroughs of which it

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

was composed, !ut the county area of ;reater Manchester remains a legal entity and also exists as a %arliamentary entity. 7o, the important element of this module is how the various unitary or two3tier authorities actually wor+, what functions and services they deliver. & recent history of local government restructuring is availa!le here( -ttp$..www.ons./o,.u0.ons./ui+e8met-o+./eo/rap-9.be/inner8s8 /ui+e.a+ministrati,e.our8c-an/in/8/eo/rap-9.local8/o,ernment8 restructurin/.in+e:.-tml Cit9 council &ccording to the now3dissolved Department >or #onstitutional &ffairs( B#ity status is a rare mar+ of distinction granted !y the 7overeign and conferred !y :etters %atent. 5t is granted !y personal #ommand of The Queen, on the advice of Her Ministers. 5t is for Her Majesty the Queen to decide when a competition for city status should !e held. #ompetitions are usually held on occasions such as important *oyal anniversaries.C There is no a!solute definition of BcityC. %laces which are cities often have some common characteristics such as a large population. n the other hand, there are plenty of small cities. >or example, the #ity of Manchester is a metropolitan district, as are :iverpool and 7heffieldD all have populations of more than /,A,AAA people. 7t Davids in %em!ro+eshire E"ote 9 unusually, there is " a city with a population of around ),8AA. *etropolitan orou/- Council apostrophe in the nameF is

& metropolitan !orough is a type of local government district which came into existence through the su!3division of metropolitan counties during the re3 organisation of local government which too+ place in )?@/. *etropolitan District Council

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

&n administrative unit of local government which may !e a town or a city or 9 confusingly 9 a !orough1 Metropolitan districts are unitary authorities. Paris- Council ;En/lan+< . Communit9 Council ;&ales< & specific and defined area of population within a single local authority, enclosed within a parish !oundary. & parish is the first or BlowestC tier of administration for its residents. There are over )A,AAA parishes in England. Don4t confuse with church parishes, although for historical reasons their !oundaries may !e similar to local government administrative !oundaries. Count9 council These are responsi!le for services across the whole of a county and may include some or all of the following(

Education Transport %lanning >ire safety 7ocial care :i!raries .aste management Trading standards

7ome counties are little more than historical or geographical notions, their original local government functions having !een dispersed. *a9ors There are two types( ceremonial and +irectl9 electe+.
ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

#eremonial Mayors are chosen !y councillors from among their num!er Ewho have themselves !een elected1F. #eremonial Mayors serve as #hairmen of the main council meetings, and may also !e +nown as B>irst #itiGenC. Their roles include a civic presence at many pu!lic events to which they have !een invited, and in which they represent the support of the local council. Higger areas 9 such as cities 9 may have a :ord Mayor, whose functions are the same. They wear a Mayoral chain of some value and extravagance to underline the grandeur of the role. Directly elected Mayors are chosen !y a vote involving the population of the area they represent. Their term of office is four years. Mayors appoint a ca!inet of around )) mem!ers and decide on what executive functions can !e delegated. Mayors set a !udget and formulate significant policy framewor+ plans Eas do council leaders in non3mayoral systemsF !ut amendment or rejection of the proposals re'uires a two3 thirds majority of the council. #ouncils can vote to extend the range of powers which an elected Mayor has at their disposal. Directly elected mayors have already proved contentious 3 see lin+( http(IImenmedia.co.u+ImanchestereveningnewsInewsIsI)06-,8-Jthe38?AAA3 'uestion3should3salfords3elected3mayor3ian3stewart3!e3paid3twice3as3much3as3a3 council3leader The government has am!itions for many more directly elected Mayors in major conur!ations, with similar su!stantial powers. The ta+e3up so far has !een limited. &t the time of writing there are )8 directly elected Mayors across England and .ales. Hristol is due to elect a Mayor in "ovem!er ,A),. Their duties and powers are at least e'ual to those of the political leader of a council. Hut a criticism of the political leader model is that he or she is elected only !y their ward constituents 9 who might num!er 8,AAA while a directly elected Mayor is chosen !y a majority vote that is open to everyone eligi!le in the relevant local authority area which could !e ,AA,AAA or more. The highest profile directly elected Mayor of :ondon will !e discussed later in this module.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

Joint boar+s $oint Hoards have !een implemented in metropolitan areas since the a!olition of metropolitan county councils. &t present, local authorities only have powers to set up joint !oards for specific tas+s and they have !een applied to many services with metropolitan areas including transport, recreational facilities and waste management. $oint !oards are created to provide services to metropolitan areas where there are two or more political su!divisions !etween two cities in the metropolitan area, or a city and county. $oint !oards must consist of no less than five mem!ers and all participating governmental units shall have representation therein. The mem!ers of the !oard shall !e appointed !y the county judgeIexecutive, mayor of the city, or governing !ody of the district, as the case may !e, for terms of four years to serve at the pleasure of the appointing authority. $oint !oards are generally corporate !odies, and as such have considera!le independence, including powers to precept on districtI!orough councils for resources Ethat is, setting their own !udget and local taxF. Many rely on support services, nota!ly finance, from a Klead authorityK. Unitar9 aut-orities There are currently 08 unitary authorities in England. & !orough, town or city which is a unitary authority 9 often +nown as a metropolitan district council 3 has only one BlevelC of administration. 5n other words, they are responsi!le for providing all local services.

Summarisin/ t-e 7unctions 7ervices provided !y <nitary &uthorities are( #emeteries. #ouncil Tax #ollection. Economic Development.
ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

Education 9 where a ,3tier system of local government exists. Electoral *egistration. Environmental 7ervices Eeg waste collection, street cleansingF. Highways and Transport Eeg maintaining roads and pathsF. Housing. :i!raries. %lanning. *ecreation and &rts Eeg par+s, swimming pools, museumsF. *egistration of Hirths, Marriages and Deaths. 7ocial 7ervices. Trading 7tandards. :i!raries.

The main powers and duties of a Metropolitan District EHoroughF #ouncil are to provide services as follows( #emeteries. #ouncil Tax #ollection. Economic Development. Education. Electoral *egistration.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

Environmental 7ervices Eeg waste collection, street cleansingF. Highways and Transport. Housing. :i!raries. %lanning. *ecreation and &rts. *egistration of Hirths, Marriages and Deaths. 7ocial 7ervices. Trading 7tandards.

Two tier aut-orities The two3tier system of county council and district council was esta!lished !y the #onservative ;overnment in )?@,, to replace the old county !orough system, regarded !y many as the most efficient form of local government ever devised. The purpose of this was to ma+e local government simpler for the general pu!lic to understand 9 something that many !elieve it failed to do. Due to the multiple levels of organisation within local government, the pu!lic was confused over who was responsi!le for which service, and !y the multitude of titles that each level was +nown !y. Therefore, in )??), the #onservative ;overnment announced intentions to reform local government !y creating Lunitary authorities4, which would !e responsi!le for most local authority functions. 5t mar+ed a return similar to the old county !oroughs system of !efore. The idea was to replace the old two3tier system of local government with one !ody that did everything.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

The functions of unitary authorities are !roadly similar to those of metropolitan !orough councils. The change3over was completed when &pril ,AA? when most of the remaining district councils were a!olished and replaced with new unitary authorities, producing a single3tier system. 7ee( http(IInews.!!c.co.u+I)IhiIenglandI@?@8A8,.stm .here there are two levels or tiers of administration, there will !e(

& county council & district, !orough or city council.

The county council in a two3tier authority may provider services such as

Education Transport %lanning 7ocial care :i!raries .aste management Trading standards

The district I !orough I city council in a two3tier authority may provide services such as(

*u!!ish collection *ecycling #ouncil Tax collections

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

Housing

&ales
5n .ales, there is a single tier system of ,, unitary authorities and so each authority delivers all of these services to its residents. Lon+on The local government arrangements for :ondon are uni'ue. There are -, :ondon Horough #ouncils plus the #ity f :ondon #orporation. Together they constitute ;reater :ondon. Each :ondon !orough council has the following functions( #emeteries. #ouncil Tax #ollection. Economic Development. Education. Electoral *egistration. Environmental 7ervices Eeg waste collection, street cleansingF. Highways and Transport Eeg maintaining roads and pathsF. Housing. :i!raries. %lanning. *ecreation and &rts Eeg par+s, swimming pools, museumsF. *egistration of Hirths, Marriages and Deaths.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

7ocial 7ervices. Trading 7tandards.

)reater Lon+on Aut-orit9 The ;:& is the top3tier administrative !ody for ;reater :ondon. 5t is a strategic authority with appointed staff, rather than elected politicians. 5t exists to support the wor+ of the elected Mayor of :ondon and the ,03mem!er elected :ondon &ssem!ly. 5t provides the continuity of functions which is necessary if a change of political control or change of elected mem!ers ta+es place. The ;:&4s wor+ is carried out !y four functional !odies set up !y the Mayor and the :ondon &ssem!ly. Transport for :ondon ETf:F Mayor4s ffice >or %olicing &nd #rime

:ondon >ire &nd Emergency %lanning &uthority :ondon :egacy Development #orporation

T-e Lon+on Assembl9 &lthough the &ssem!ly has no executive powers, it is effectively a watchdog which can hold the Mayor to account !y close scrutiny of his or her executive decisions and agreeing the !udget. They also represent the voice of ordinary :ondoners and can ma+e their case for changes to national, mayoral or local policy. T-e *a9or o7 Lon+on The Mayor of :ondon plays a +ey role in running :ondon. He or she is elected to develop strategies and policies that will improve residents4 lives and to set !udgets for doing so.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

The Mayor also has responsi!ility for the environment 9 for example air 'uality, waste and noise 9 though some of this is conducted in colla!oration with other !odies. He also has powers in the area of planning !y wor+ing to create a framewor+ for :ondon and on overseeing large regeneration schemes 9 for example the world s'uares scheme, which saw large changes to Trafalgar 7'uare and proposed changes to %arliament 7'uare. The Mayor has no formal powers over individual planning decisions 93 though his vocal support for a controversial project can prove decisive. >or example, his support for the flagship #olum!us Tower development 9 in initial opposition to !oth the :ondon Horough of Tower Hamlets and #ity &irport has helped the project to gain approval. He also has responsi!ilities in the areas of culture, tourism, sports and the arts 9 these include events li+e the 7t %atric+4s Day cele!rations and concerts in Trafalgar 7'uare. The Mayor also acts as a Lvoice for :ondon4 3 the capital4s am!assador. &nd he has responsi!ility for health improvement Ehealth improvement, not running the health servicesF 9 for example wor+ing to stop the spread of TH, encouraging wal+ing to wor+ schemes, cycles etcM. The -, :ondon Horoughs are responsi!le, along with the #orporation of the #ity of :ondon, for the provision of local services within their respective areas. The Mayor is expected to wor+ with them in exercising his or her :ondon3wide executive responsi!ilities. The ;reater :ondon &uthority is funded mainly !y a #entral ;overnment grant, however, a small amount of its funding does come from :ondon council taxpayers, a!out )-p a wee+ on a Hand D council tax !ill.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

P#LICE AND !I"E %olice and fire authorities have !ecome much more independent from local government with the introduction of unitary authorities. "ew police authorities were created on ) st &pril )??0, and statutory com!ined >ire and *escue &uthorities were also created to ensure a continued countywide fire service managed !y a single authority. Localism :ocalism is a!out shifting power from central government !ac+ into the hands of communities, individuals and councils, according to the ;overnment. The view of the #onservative ;overnment elected in ,A)A is that centralised administration tends, over time, to !ecome too !ig, too interfering and too !ureaucratic. Hut the ;overnment is emphatic that :ocalism is not a!out handing power !ac+ to local councils 9 its am!ition is for empowering, where possi!le, Bindividuals, neigh!ourhoods, professionals and communities as well as local councils and other local institutions.C There are five +ey measures in the :ocalism &ct( #ommunity rights "eigh!ourhood planning Housing ;eneral power of competence Empowering cities and other local areas

The main measures of the :ocalism Hill come under four headings(

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

;reater freedom and flexi!ility for local government ;iving rights and powers to individuals and communities & more democratic and effective local planning system :ocal decision ma+ing on housing

Here is a lin+ to the full statute( http(IIservices.parliament.u+I!illsI,A)A3))Ilocalism.html Here is a plain English guide for the pu!lic http(IIwww.communities.gov.u+IdocumentsIlocalgovernmentIpdfI)6?80-/.pdf The provisions relating to councils include(

:etting councils choose to return to the committee system and allowing referendums for elected mayors in certain authorities

Ma+ing it a criminal offence of deli!erate failure to declare a personal interest in a matter

giving residents the power to instigate local referendums on any local issue and ;iving residents the power to veto excessive council tax increases and initiate referendums

"ew powers to help save closure3threatened local facilities and services, while community groups can challenge local authorities over how they provide services.

%ousin/ pro,isions

&!olishing the need for Home 5nformation %ac+ 9 sellers had to pay for these. &llow councils to house homeless people in private rented accommodation

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

&llowing councils to limit who can apply for social housing in their areas #hange the way in which a social tenant can complain a!out their landlord 5mprove the geographic mo!ility of social tenants

Plannin/

*estore to 7ecretary of national importance

f 7tate the final say on major infrastructure proposals

*e3assign some of the #ommunity 5nfrastructure :evy revenue to the local community

5ntroduce neigh!ourhood plan scheme( schemes to !e approved if they get 0AN of the votes in a referendum

;ive new housing and regeneration powers to the ;reater :ondon &uthority, while a!olishing the :ondon Development &gency.

ne of the most significant aspects of the :ocalism Hill is the ;eneral %ower

#ompetence. This allows councils or local authorities to wor+ in new or innovative or creative ways which, previously, they may have avoided !ecause they were not sure whether the law allowed it. :ocalism allows councils to do anything that any ordinary individual could do, which is it not specifically prohi!ited in law. Localism = t-e implications :ocalism and the Hill ma+ing it law are political hot potatoes. Exam candidates need to !e a!le to demonstrate awareness of what supporters and opponents say a!out it. n the one hand, the government sells it as !eing a piece of legislation that empowers ordinary people and frees local councilsIauthorities from needless !ureaucracy. Hut opponents say :ocalism could mean that delivery of services is ta+en away from the pu!lic sector and handed over to the private sector.
ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

& particular target is the B#ommunity *ight To #hallengeC 3 a provision in the Hill which gives individuals and communities the right to express an interest in ta+ing over the running of some local services. Here4s what the T<# says a!out it in their !riefing document B:ocalism 9 threat or opportunityO %erspectives on the :ocalism &ct for union and community organisers and activists.C BThe *ight to #hallenge is a front for more privatisation of pu!lic services. The suggestion that services should !e run !y community groups is 'uestiona!le in itself, in terms of accounta!ility to the whole local population, and whether running pu!lic services is an appropriate role for these groups. Hut, despite its L!ig society4 rhetoric, this is not, in any case, the government4s aim. The effect of the localism provisions will !e to open the door to corporate charities and private sector !usinessesM..The o!ject of the *ight to #hallenge is not to put more control in the hands of local people, it is to move services out of the pu!lic sector. 2ou should aim to read the full document which is at this lin+( -ttps$..www.tuc.or/.u0.tuc7iles.5>?.Localism2)ui+e263(6.p+7 &nother +ey criticism of localism is that voluntary organisations which ta+e on delivery of services effectively lose their independence !ecause a council which they may previously have felt a!le to criticise has now !ecome a client they depend on. 5n relation to housing, a +ey criticism of :ocalism is that it would allow fixed3term tenancies of as little as two years. This, critics say, is counter3productive when it comes to developing sta!le communities !ecause populations will !e more transient and less interested in maintaining and developing their local environment. &t the heart of the localism de!ate is the long3running 'uestion of whether local authorities should !e to provide services, or mainly to commission and procure delivery of services from external providers.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

This again is very much a political issue and candidates should always demonstrate an awareness of !oth sides of the argument 9 there is no single correct answer. :ocalism and parish councilsIcommunity councils( -ttp$..www./uar+ian.co.u0.local8/o,ernment8networ0.63(6.jun.66./rant8 s-apps8localism8paris-8councils &n en'uiry into localism is underway and is due to report in ,A)- 9 +eep a!reast of developments at the "ational &ssociation -ttp$..www.nalc./o,.u0. and at the 5n'uiry we!site( -ttp$..w-atne:t7orlocalism.or/.t-e8in@uir9. :ocalism is said to favour the re3invigoration of parish councils EEnglandF and #ommunity #ouncils E.alesF !ecause these !odies already have much of the necessary administrative structure in place. %reviously, however, their powers have !een limited to things li+e !eing consulted in matters such as planning. <nder localism, parish councils could ta+e on responsi!ility for creation of "eigh!ourhood %lans 9 these are land3use plans concerning housing, open space, transport and development. 5f a set of proposals were to !e agreed in a referendum, they would !ecome part of their larger local authority plan and !ecome law. ne parish council is using localism to fast3trac+ minor road repairs which previously would have ta+en longer to achieve. 7ee this lin+( -ttp$..www.wscount9times.co.u0.news.local.paris-8council8w-ic-8punc-es8 abo,e8its8wei/-t8(8??5A(BB f :ocal #ouncils we!site(

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

%arish councils are one of the fastest evolving aspects of the :ocalism Hill and therefore it is important to stay !riefed on current developments ma+ing regular chec+s on lin+s provided in this module.

CU""ENT ISSUES
The E%& exam expects you to have a good, up3to3date +nowledge of each su!ject. 7o you will need to do your own research to find( ). ,. -. "ews stories relating to the su!ject. Hrief examples relating to the su!ject. #hanges and other announcements relating to the su!ject.

Here are some we!sites and study lin+s you can use. Hut let us +now if you find any others1

USE!UL STUD' LIN1S

;reater :ondon &uthority. -ttp$..www.lon+on./o,.u0. #ity #ouncil. -ttp$..www.+irect./o,.u0.en.)o,ernmentcitizensan+ri/-ts.U1/o,ernment.L ocal/o,ernment.D)23455(3 Horough #ouncil. -ttp$..www.+irect./o,.u0.en.)o,ernmentcitizensan+ri/-ts.U1/o,ernment.L ocal/o,ernment.D)23455(3 <nitary 7tructure. -ttp$..www./w9+ir.+emon.co.u0.u0local/o,.structure.-tm

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

Two tier structure -ttp$..www./w9+ir.+emon.co.u0.u0local/o,.structure.-tm

Quality %arish #ouncil. -ttp$..www.,isionwebsites.co.u0.Contents.Te:t.In+e:.aspC SiteI+D554ESiteE:traD>6(34?6ETopNa,I+D464ENa,Si+eI+D?F>4

%arish meeting -ttp$..paris-es.lincolns-ire./o,.u0.Lan/to7t.section.aspCcatI+D(A655

:ocal government associations -ttp$..www.local./o,.u0

How councils wor+ -ttps$..www./o,.u0.un+erstan+8-ow89our8council8wor0s.t9pes8o78council

2our local council -ttps$..www./o,.u0.7in+89our8local8council

Directly Elected Mayors -ttp$..societ9./uar+ian.co.u0.ma9or@uestion.comment.3GG((>F4?FG33.-tml -ttp$..societ9./uar+ian.co.u0.ma9or@uestion.stor9.3GGF(63FFG33.-tml

&n important !riefing note provided to M%s on directly elected Mayors -ttps$..+ocs./oo/le.com.,iewerC aD,E@Dcac-e$C(t>mzss/HcJ$www.parliament.u0.brie7in/8 papers.SN3>333.p+7Ip#&E"SI#!IANIELECTEDI*A'#"E-lDenE/lDu0E pi+DblEsrci+DAD)EES/NBN&FAu24%NLLliUJF'0JJTKwjp!n*Bme>D97:@2

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

47*s#L&A8A1A9LJ8 KuSsr#e2n4c-jp7%nJ3I)mT7jrK%u(pK2ca/l/6H:ClAIEw8J%a&@UBP 6:28 nL3olAS&8J:84Fj'Esi/DA%IEtbTNlFzD/9F!CALC-"6'pjAPowj">H T-e +i77erence between councillors an+ o77icers & councillor is an elected politician 9 he or she has !een voted into office !y eligi!le residents in the area that councillor is responsi!le for, or Bthe wardC. &ccording to the )?@, Hains *eport, the role of a councillor includes the ultimate direction and control of the affairs of the local authority, or councillor, ma+ing +ey decisions on( ). ,. The o!jectives of the authority and on the plans to attain them *eviewing the progress and performance of the services.

The &udit #ommission, in )??A, proposed that councillors had three +ey roles. These included that of politician, representative and of !oard mem!er. &s politicians they are concerned not only with pu!lic services !ut also with social change. However not all #ouncillors sit on the #a!inet or the executive. committees and spend more time on ward !usiness. 7ome regard themselves as Lsecond class4 councillors, !ecause they do not actually ta+e part in sharp3end decision3ma+ing. &s representatives of the pu!lic, they act to ensure that the local authority is held to account over service to priorities, allocation of resources and ultimately performance. &s a !oard mem!er, they have a constitutional duty to share collective responsi!ility for the local authority organisation and its activities, in a similar way to non3executive company directors, !ut with an important additional dimension 3 the additional pressure of accounta!ility through the !allot !ox every four years. nly a select few sit

on the executive 9 the rest are !ac+!ench councillors and sit on committees, scrutiny

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

#ouncillors volunteer for pu!lic service. :ocal authority departments, however, must maintain professional staff to implement the policies determined !y the councillors, and each authority is also o!liged !y law to appoint certain officers, whose jo! it is to head the department. These officers are paid employees. Their jo! is to implement the policies agreed !y councillors and to give honest and accurate guidance to councillors of parties. "ote that this is a critical distinction 9 politicians and paid officials. 5t is analogous to the national government arrangements 9 that of M%s 9 the elected politicians 3 and civil servants 9 the paid employees. The most senior officer in most local authorities is usually called the chief executive. The majority of holders of this position are drawn from the law profession, or else are accountants. The roles of the chief executive include !eing principal policy adviser, manager and co3ordinator for the authority, and as such he or she must !e a!le to motivate all staff. The holder of the position is re'uired to !e politically sensitive and neutral. :ocal authorities also nominate a Monitoring fficer, whose jo! it is to report to the fficer and the

authority, along with the Head of the %aid 7ervice, the >inancial maladministration.

#hairman of the #ouncil, on any contravention of law or code of conduct, or an act of

Most paid employees of a local authority have limited contact with councillors of that authority. nly those at senior levels of the officer structure will have a close wor+ing relationship. This will occur, for example, in committee meetings, which will !e attended !y relevant senior officers and councillors. T-e council as an enabler an+ pro,i+er o7 local ser,ices <nder :a!our governments past, the role of local authority was regarded as !eing a Ldirect provider of pu!lic services4, in the sense that the electorate paid their council

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

tax or poll tax or rates, and the authority employed the appropriate departmental staff necessary to carry out the various pu!lic services re'uired. <nder the #onservative ;overnment which ended in )??@, however, the role of local government changed to !ecome an Lena!ler4, the premise !eing that local government should only do for itself those things that the private sector was either una!le or unwilling to do 9 restricting its role to ena!ling others to do that wor+. These terms of reference have !een developed still further with the implementation of the :ocalism Hill introduced !y the #onservative government elected ,A)A which was discussed in the previous module. Hecause the Hill is intended to give councils even greater latitude and flexi!ility in the way they operate, officers and councillors have an even greater duty of care to ensure that their conduct is appropriate. ne of the challenges is that the greater involvement of the private sector creates ever greater potential for unintended conflicts of interest to arise. 5n mid3,A),, the #ommittee on 7tandards in %u!lic :ife voiced concern that a large num!er of local authorities remain unprepared for the new standards regime which applied with the advent of the :ocalism Hill, !ecause of the a!sence of independent scrutiny. Politicall9 restricte+ posts & politically restricted post is one that dis'ualifies a paid authority officer in one authority from !ecoming a councillor in another authority. 5t arises out of the .iddicom!e #ommittee and the :ocal ;overnment and Housing &ct )?6? E & !riefing note for M%s is at this lin+( -ttps$..+ocs./oo/le.com.,iewerC aD,E@Dcac-e$uaCSpum 6w/J$www.parliament.u0.brie7in/8 papers.SN35BB5.p+7I&i++icombeIan+It-eILocalI)o,ernmentIan+I%ousin/ IActI(FBFE-lDenE/lDu0Epi+DblEsrci+DAD)EESjrC?:(7jL*H4rajIpNw 5pjt2L #A(ASK/"'2iF*T5+*7!3Nw:9LA'm'Enim )t'LAFsK'F6!et&:H/LLb+JI#5
ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

L6?SmptD)S8 C/5#*BANjE!eCjHUSUwl7 m9mijHiI-TiIioEEsi/DA%IEtbHTT+:p:N,*P@'o3z n>s K5 />m@/ F and also here( -ttp$..www.l/e./o,.u0.l/e.core.pa/e.+oCpa/eI+D((F45F E:in+ may ta+e time to loadF This was intended to put an end to Ltwin trac+ing4, where someone who has !een elected as councillor for one local authority is an employee of another. &n officer in a politically restricted post cannot hold posts in political parties, act as agents, canvass, or spea+ pu!licly on political issues. The prohi!ition also extends to !eing, or standing for election as an M% or ME%. The introduction of the politically restricted post was opposed !y many officers initially, on the grounds that it interfered with their a!ility to ta+e part in political activities as individuals. The trade union of the time, "&:; position overturned. %osts that are listed as politically restricted include( #hief executives #hief officers Deputy chief officers Monitoring officers &ny person holding a post as an assistant for a political group, and &ny person not falling within these categories whose post is listed !y the authority on the grounds that it involves giving advice to the authority on a regular !asis or
ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

too+ the issue to court, !ut failed to get the

spea+ing on !ehalf of the authority to journalists or !roadcasters on a regular !asis. T-e C-ie7 E:ecuti,e The #hief Executive is the most senior officer in the local authority. .hen a local authority is appointing a #E, they are loo+ing for some!ody with experience and maturity to !e the principal adviser, someone who will !e responsi!le for seeing that its wishes, if lawful and practical, are put into effect. The #E must !e a first class manager with the a!ility to motivate all staff and produce results. He or she must !e politically sensitive and neutral, !ut not politically committed. The position of #E is considered a politically restricted post. The #E, as envisaged !y the Hains *eport mentioned earlier, is a stand3alone officer, free from departmental responsi!ilities so as to have time to oversee the development of the corporate management of the authority. The #E is generally appointed the Head of %aid 7ervice. 5n this capacity heIshe has a statutory duty to report to the authority on the co3ordination of functionsD num!ers and grades of staffD and the organisation, appointment and management of staff. The authority has a duty to consider the report within three months, !ut do not have to comply with its proposals. Different Heads of %aid 7ervice comply with the report in different ways, some not producing a report at all, rather raising any less fundamental issues through more formal lin+s with the political leadership of the authority. The position of #E is so very close to the political processes of the authority that any !rea+down in communications !etween the #E and the authority leadership tends to result in dismissal of the #E, although there is provision in authority 7tanding independent person4 to oversee the process. rders for the process of discipline for the #E to !e fair. This includes a Ldesignated

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

The #hief Executive must !e a master of multi3tas+ing. Here is a !rea+down of a typical #hief Executive4s wor+load( ><"#T5 "7 # <"#5: # MM5TTEE7 THE* MEET5";7 .5TH # <"#5:: *7 MEET5";7 .5TH >>5#E*7
%E*#E"T&;E > &:: . *=5"; T5ME

)) )0 ,) 8 )) ,, ),

MEET5";7 .5TH #5T5PE"7 MEET5";7 .5TH THE* H D5E7

# ">E*E"#E7 ;E"E*&: &DM5"57T*&T5 " THE* ><"#T5 "7

NB: BECAUSE OF ROUNDING, FIGURES DO NOT ADD UP TO 100 Directl9 electe+ *a9ors 5mplementing an elected Mayor of a council is one of the strategies for replacing the old committee system of local government, in relation to ta+ing Lexecutive4 decisions, under a "ew :a!our initiative, and delivered as a result of the :ocal ;overnment &ct ,AAA. E:;& ,AAAF The other is a directly elected ca!inet of not more than )A senior councillors. The roles of the Directly Elected Mayor include( 7etting the policy direction of #ouncil. Monitoring the performance of #ouncil. *epresenting the interests of the city Eon election all mem!ers must ma+e a declaration that they will perform their duties faithfully and impartially, and according to their !est s+ill and judgment in the !est interests of the cityF. Employing the #hief Executive Eunder the :;& ,AAA the local authority employs the #hief Executive, who in turn employs all other staff on its !ehalfF.
ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

The executive responsi!ilities of the Mayor are not carried out !y means of a meeting, instead this happens in the private office of the Mayor. The role of the traditional or ceremonial Mayor or chairman in relation to the council meeting is fundamentally different from that of the Directly Elected Mayor under the :;& ,AAA.. 5t includes managing meetings of the full council and ensuring fair play ensues during de!ates and the due expedition of !usinesses. 5t must !e remem!ered, however, that the Mayor or chairman is still a councillor and pro!a!ly a mem!er of a political group. This means that if the political !alance on the council is critical, the Mayor or chairman will !e expected to vote on any important issue, according to group wishes. Political structure The :ocal ;overnment &ct ,AAA imposed changes on local authorities that were designed to streamline and modernise their political structures. The &ct was intended to end the old committee system of local government, which, it was argued, was slow and ineffective although, others may counter, democratic and accounta!le. These committees were to !e replaced with a new streamlined ca!inet system. Each local authority was as+ed to choose from one of the four options !elow( & directly elected mayor, with a ca!inet of !etween , and )A councillors. E7ee section !elow on Directly Elected Mayors.F & leader elected !y the council, with a ca!inet of !etween , and )A councillors either selected !y the leader or the full council. The most common option chosen !y authorities across the country was a council3 elected leader and ca!inet system.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

& smaller num!er of communities have voted for a directly elected mayor and ca!inet. & small num!er have gone for the modified committee system, and only one E7to+e on TrentF for option -. However, no matter which system of government is used, every local authority still needs to have 7tatutory #ommittees 9 ie, committees that have to meet to fulfil statutory o!ligations laid down !y the ;overnment. &n example of a statutory committee is the %lanning #ommittee or the :icensing #ommittee. 5n addition, councils have the power to set up ad hoc committees, which are created to examine a specific issue and report !ac+ to the #a!inet or the full council. 7ome councils also have area committees Esee !elowF. T-e constitution Each local authority has adopted a constitution that sets out how the authority operates, how decisions are made and the procedures that are followed to ensure that these are efficient, transparent and accounta!le to local people. Each authority4s constitution should !e availa!le on their we!site, at the local li!rary or directly from the authority Ea fee will most li+ely !e charged for the latterF. .hile constitutions don4t ma+e exciting reading they do clearly set out the structure and political wor+ings of the council as well as the responsi!ilities of the leaders and of the mem!ers and the rights of the citiGen and, conse'uently, are worth !eing aware of. The constitution will refer to the council4s standing orders. These are a list of rules that the authority uses in relation to the conduct of its council meetings, #a!inet meetings and committee meetings. #ouncillors often challenge one another Lon a point of order4 9 in other words, on a point of procedure. The Mayor or #hair will rule as to whether the challenge is legitimate. >or more information on council constitutions, visit( -ttp$..www.le/islation./o,.u0.u0p/a.6333.66.contents Escroll downF

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

& decision may !e made at a council meeting to suspend standing orders for a stated purpose 9 !ut the purpose would have to !e permitted in the constitution. >or examples of a local authority4s standing orders, see( -ttp$..www.le/islation./o,.u0.u0si.633(.55B?.contents.ma+e >or an example of when a local authority4s standing orders can !e suspended, see( -ttp$..www.strabanewee0l9.co.u0.articles.news.F4FF.stan+in/8or+ers8 suspen+e+8at8council. Helow are three models of how an authority must !e structured 9 your authority is very li+ely to !e similar to one or the other. >or full information on a particular authority contact them directly or loo+ at their constitution. (. E:ecuti,e council lea+er an+ cabinet .here a council has opted for the executive council leader and ca!inet system, the leader and a num!er of executive councillors Ethose with decision ma+ing powersF !ecome the powerhouse of the council4s decision3ma+ing process. 5t is worth noting that this ca!inet may !e made up solely of mem!ers from the ruling political party group within the council, ie that party which has the most councillors. The executive councillors are appointed either !y the full council Eie all of the authority4s councillorsF or !y the leader. Each possesses a portfolio or responsi!ility for a particular part of the council4s services 9 such as education, social services or the environment. Decision3ma+ing on each policy area may lie either solely with the executive councillor or with the ca!inet as a whole, depending on the constitution. 6. A +irectl98electe+ e:ecuti,e ma9or an+ cabinet s9stem

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

This operates in a similar way to ), a!ove, with a significant difference !eing that the mayor may not necessarily !e from the political party holding the majority in council. The :ocal ;overnment &ct ,AAA re'uires the appointment of 7crutiny #ommittees Esee !elowF for !oth systems. 5. *o+i7ie+ Committee s9stem & modified committee system represents a !alance !etween the old committee system and the executive ca!inet system. 7uch a structure will still have a council leader !ut decisions are made !y politically !alanced executive committees representing +ey policy areas such as education, social services and environment rather than !y individual executives. There may well !e an overseeing committee chaired !y the leader of the council, such as a %olicy and *esources #ommittee, !ut this will not have the power held !y the ca!inet in the previous example. Decision *a0in/ The executive 9 whether !ased on the Executive :eader model or Executive Mayor model 3 has the power to ma+e all decisions other than those prescri!ed !y law as having to !e made !y full council. Most decisions will !e ta+en !y the executive councillors, de!ated and voted on at pu!lic meetings and !ased on pu!licly availa!le reports produced !y council officers. The full council has to adopt and agree the !road policy framewor+ of the council including the Hudget, Development %lans, Hest Qalue %erformance %lans, #ommunity 7trategies and :ocal Transport %lan. Each council will have a rolling plan Ecalled a >orward %lanF outlining which decisions will !e ta+en over the next few months and !y whom. 5mportant decisions, involving significant amounts of money or significant num!ers of people, are called =ey Decisions. verview and

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

5n addition, policy can !e agreed !y proposing Motions Eonce they are passed they are called *esolutionsF. Motions can only !e proposed !y councillors. Committee resolutions an+ recommen+ations & resolved item is a decision ta+en !y a committee of the council acting under its delegated powers. 5t is usually regarding a fairly routine matter. *esolved items tend not to !e de!ated in full meetings of the council. However, there is a system that allows a minimum num!er of councillors to o!ject within a specific period to a decision made !y the committee and have it de!ated in a council meeting. This generally refers to issues that are political and the o!jecting councillors presuma!ly hope that !y having the issue de!ated again, will produce a !etter result from their own standpoint. & committee recommendation is a decision ta+en !y a committee, however, unli+e a resolved item, should an individual oppose the item, then it goes !ac+ to the committee to !e re3de!ated, rather than a full council meeting. This is called a reference !ac+. &lternatively, the councillor may see+ to amend a committee proposal, or see+ its rejection. &ny formal proposal re'uires a seconder !efore it can !e de!ated. 7hould it fail to attract this, it will fall without !eing de!ated. & committee4s recommendation will go to full council, who have the power to accept it, reject it, amend it or refer it !ac+. & modified committee system will also have an verview and 7crutiny #ommittee.

There may well only !e one committee Erather than several reflecting different portfoliosF !ut it will have the power to set up panels to loo+ at specific issues. A+ministrati,e structure .hilst the democratic power lies with the elected councillors, the day to day running of the authority is the responsi!ility of the paid employees, that is the #hief Executive, the Directors of each service area and the #ouncil fficers. Together,

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

they form the 7enior Management Team, or the #hief Executive4s Management Team. 5t may well !e that the administrative and political structures of the council are to an extent reflections of each other. 5n addition to providing and running council services council officers also act as advisors to councillors providing expertise and information where re'uired. #ouncil officers will write the reports on which policy decisions are !ased. Scrutin9 committees These are made up of non3executive !ac+!ench councillors and mem!ers of the pu!lic, such as people from the !usiness sector and voluntary groups. There may !e a num!er of these committees reflecting the portfolios assigned to the executive ca!inet mem!ers such as education, environment and social services. The role of these committees is to hold the executive to account and scrutinise the decisions that the executive is a!out to ta+e or has already ta+en. These committees are more li+ely to have politically !alanced cross3party representation. Their function is to scrutinise the executive and also, on occasion the non3executive aspect of the authority. &long with non3executive committees, they can !e regarded as su!sets of the full council. 2ou usually have a scrutiny committee for each #a!inet mem!er or executive committee. To prevent a decision such as, for example, to close a day care centre for the elderly, and sell the !uilding, a scrutiny committee can Lcall in4 the decision to consider it themselves, and possi!ly recommend that the executive reconsiders also. They can then ma+e recommendations to the executive to ena!le the executive to decide whether its first decision was really appropriate. 7crutiny committees cannot, however, overturn a decision of the executive. .hen deciding on who should sit on a scrutiny committee, local authorities must adhere to the following principles( "ot all seats can !e allocated to the same political party.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

The majority of seats must !e allocated to the majority party. The num!er of seats a political party has on committees etc to !e the same proportion as it holds of the total seats on the council.

They may !e chaired !y councillors from the majority party, minority party, or even co3opted mem!ers.

7ome councils allow the opposition to chair the scrutiny committee, in order for Lscrutiny to !e seen to !e done.4

7crutiny committees may also decide to co3opt people who are not mem!ers of the council. .here the committee has delegated powers, however, the co3opted mem!er cannot give advice or vote. .here the committee is purely advisory and has no delegated powers, co3opted mem!ers can !oth spea+ and vote. Due to o!vious conflict of interest, executive mem!ers may not sit on scrutiny committees. ther powers of a scrutiny committee include(

Ma+ing reports and recommendations to the executive on any aspect of council !usiness. Mem!ers may as+ that any relevant matter !e put on the agenda.

*eview or scrutinise any executive decisions !efore and after they are implemented and recommend they !e reconsidered.

*ecommend policy development. #arry out Hest Qalue reviews. *e'uire mem!ers of the Executive and answers 'uestions. fficers to attend and give evidence and

The system of scrutiny might !e criticised in that there is the potential for conflict where the same officers support !oth the executive and the scrutiny committees.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

&ccording to the DET* guidance, B verview and scrutiny committees will !e 'uestioning the executive4s decisions which will usually !e !ased on officer advice.R This might discourage officers from leading an overview and scrutiny committee down a fruitful line of en'uiry. P"#P"IET' AND ET%ICS &lthough we usually relate sleaGe with #entral ;overnment, our town halls are !y no means immune. The Module loo+s at the various ways in which local authorities, their mem!ers and their officers are monitored for Lgood !ehaviour.4 %rior to the introduction of the :;& ,AAA, a councillor was o!liged to declare certain pecuniary interests, !oth direct and indirect, depending on the significance of the interest. Exceptions would include those interests that were considered similar to those shared !y other council taxpayers who were not councillors. >ailure to declare important interests was considered a criminal offence. There was also a procedure where!y the 7ecretary of 7tate could grant a Ldispensation4, which would allow the councillor to spea+ even after declaring an interest. This was generally a rare occurrence and might relate to council grants or school meals, or a specific issue that the councillor had an interest in, !ut hisIher constituents re'uired to !e represented in a de!ate. 5t !ecame apparent that a more !roadly encompassing system of registering interests was re'uired that also included non3pecuniary interests. These however are more difficult to define and relate to issues such as clu! mem!erships and involvement in pressure groups. The test for such interests was whether the average mem!er of the pu!lic, when in full +nowledge of the interest, would !elieve that the interest would influence the councillor4s !ehaviour.
ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

#ouncillors !elieving they might have a non3pecuniary interest had to go through a multi3stage, o!jective, self3testing process to decide what to do a!out it. The councillor was o!liged to evaluate the interest on the !asis of what other people might reasona!ly thin+ a!out it. This included deciding whether the interest was private or personal, whether it was significant and whether it was clear and su!stantial. The course of action that a councillor too+ was a result of the self3testing process. The :ocal ;overnment &ct )?@, also included a provision for a statutory register +ept !y the Monitoring fficer, in which councillors could record certain +inds of interest, such as employment, partnership, and tenancy of self andIor spouse. 5t was a voluntary register that was open to inspection !y other councillors, !ut not the pu!lic. The :ocal ;overnment Housing &ct )?6? introduced a further statutory register in which councillors had to declare certain types of interest, such as employment, office, trade, profession or vocation, sponsorship, contracts, land, licences, corporate tenancies, and interests in securities. &gain, this register was open to inspection !y other councillors, !ut not the pu!lic. 5n )?@/, the %rime Minister4s #ommittee on #onduct in :ocal ;overnment recommended that a #ode of #onduct should supplement the statutory provisions concerning pecuniary interest. The #ode of #onduct was updated !y the :ocal ;overnment &ct )?6? and revised again in )??A. The #ode was replaced, however, as a conse'uence of the :;& ,AAA, which has a lot to say a!out the importance of integrity and high standards in pu!lic <nder the new :;& Model #ode ,AAA http(IIwww.odpm.gov.u+IstellentIgroupsIodpmJlocalgovIdocumentsIpageIodpmJlocg ovJ8A0)0A.pdf

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

a councillor has to declare any information that the pu!lic has a right to +now in the local councillors4 *egister of 5nterests. These are pu!lic documents 9 for an example, see( http(IIwww.haringey.gov.u+IcouncilIdecision ma+ingIstandardscommitteeIregisterofinterests.htm >ailure to declare an interest could !e contrary to the L7even %rinciples of %u!lic :ife4 9 (selflessness inte!rit" o#$e%ti&it" '%%o(nt'#ilit" o)enness *onest" le'ders*i)+ 9 as laid out in the "olan report Ehttp(IIwww.archive.official3 documents.co.u+IdocumentIparlmentInolan-I@3prncpl.htm F. The ;overnment, in introducing the :;& ,AAA Model #ode added a further four principles to the Lseven4 9 )erson'l $(d!,ent res)e%t for ot*ers d(t" to ()*old t*e l'- ste-'rds*i) 'nd le'ders*i). The type of information the register would !e expected to contain included( councillor4s employment or !usiness interests 9 or what4s +nown as a personal interestD or mem!ership of any group or society, which could !e politically sensitive 9 or a prejudicial interest. ther personal interests that need to !e registered are the financial status of the councillor4s relatives andIor partners. 7ee( http(IIwww.southhams.gov.u+IoldJindexIcouncilJindexInav3councillorsIsp3 councillors3code3of3conduct.htm The register entry has to !e made within ,6 days of election and any changes have to !e notified within ,6 days of their occurrence 9 the Monitoring responsi!le for maintaining this register. >or an example of a Monitoring fficer and what EsFhe does, see( fficer is

http(IIwww.tameside.gov.u+IprofileImonitoringofficer

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

#ouncillors must also declare any gifts of hospitality worth more than S,0 within the statutory ,63day period. .here the :;& ,AAA system is in use, councillors who have exercised personal delegated power to ta+e decisions must also include notification of any interests within the recorded decision. They are also expected to mention their interest at meetings with officials. >or an example of a 7tandards #ommittee, see( http(IIwww.charnwood.gov.u+IdemocracyIstandards.html

Allowances The allowances that councillors are allowed to claim in the course of their official duty are governed !y several &cts of %arliament, including the :ocal ;overnment &ct )?@,, the :ocal Housing &ct )?6?, and regulations made in )??0 and ,AA). The payment of allowances is intended to ta+e account of the fact that councillors may lose earnings as a result of ta+ing unpaid leave from employment to carry out their duties. The premise is that pu!lic service should not !e the preserve only of the wealthy. &llowances can include( Hasic allowance, regardless of the num!er of meetings they attend. 7pecial responsi!ility allowance. These are claimed !y senior councillors such as the leader of the council, group leaders, committee chairman or spo+esmen, at fixed rates !y the council. &llowances to councillors are determined on the recommendation of the council4s 5ndependent *emuneration 7cheme.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

This is an independent panel, usually comprising three people who are not councillors or officials 9 they are often former councillors etc. They set the rates annually, and they are either accepted or rejected !y the council. The panel ena!les councillors to dismiss pu!lic criticism of the level of the allowances !y saying( L5t4s not us who sets them.4 This protects them from the criticism that M%s get for setting their own pay. %rior to the )??0 regulations, the local authority had to ma+e availa!le for pu!lic inspection the amounts of the allowances paid to its councillors. This meant the media had to ma+e the effort to o!tain the information. >rom )??0 onwards, however, the local authority has had to send this information to the local media, as the amount that some councillors claim tends to excite some interest. .hen assessing the degree of allowances that an individual councillor can claim, things that must !e ta+en into consideration include( How often they attend formal meetings and the duties they carry out as approved !y the council. Their status within the council, i.e. such as whether or not they are a senior councillor such as a leader of the council. The amount of travelling they may underta+e &ny particular claims they may have in relation to childcare or dependants.

>or an example of councillors4 allowances, see http(IIwww.manchester.gov.u+IinfoI,AAA--IcouncillorsJandJdecision3 ma+ingI/,?@Imem!ersJallowancesJandJexpenses $ournalists 9 along with mem!ers of the pu!lic 9 have access to information on councillors4 allowances and expenses. #ouncils are under an o!ligation to pu!lish an

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

annual list of councillors allowances, which can !e viewed online. &n example can !e found here( http(IIcouncillors.wycom!e.gov.u+IdocumentsIs)-@?,IMem!erN,A&llowances N,A,A),3,A)-N,Apdf.pdf 5t will include their !asic allowance as well as any special allowance and expenses they have claimed such as mileage. Each council also has an 5ndependent *enumeration %anel which meets every four years to set the rate of allowances and expenses. The media has a right to attend such panels and report on them accordingly. 5f there is information !eyond this which journalists need, then a >reedom f

5nformation re'uest can !e sent to the council as+ing for the information, an example can !e found here http(IIwww.moray.gov.u+ImorayJstandardIpageJ6,??).html #ouncillors must also declare any gifts in the "otice of *egistra!le 5nterests. They must declare any gift worth more than S,0 within ,6 days. 7ee( http(IIwww.southri!!le.gov.u+I7ection.aspOsectiontypeTlistseparateUcatidT-00 %ealt- scrutin9 committees &lthough local councils do not provide health services, the :ocal ;overnment &ct ,AAA gave them a role in scrutinising local health provision. They are also empowered to loo+ after the Lhealthy well3!eing4 of their area 9 this is why some councils are not involved in campaigns li+e L.al+ to school4 and improving school meals. "H7 trusts and %#Ts are re'uired to consult the 7# on any proposal for a

su!stantial development or variation of service in its area. :ocal authorities who have a social services function have the power to scrutinise action on health, including the "H7 and related health services, and to involve other !odies in the process. The 7# is made up of elected councillors who do not play an executive role in the

!usiness of the local authority.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

The

7# has the power to( *eview and scrutinise any matter relating to the planning, provision and operation of health services in its area

Ma+e reports and recommendations to local "H7 !odies on matters reviewed or scrutinised. These must !e responded to in writing within ,6 days

*e'uire an officer of an "H7 !ody to attend in person to answer 'uestions that the 7# considers necessary to carry out its !usiness

Ta+e account of relevant information provided to it !y a patient forum. 5n turn, patient forums have the right to refer matters of concern to 7#s.

Committee s9stem 5n a modified committee system the +ey decision ma+ers are li+ely to !e the :eader of the #ouncil and the councillors who chair the various committees. Non8electe+ ma9or &lthough they have no special political powers, they are important figure3heads and can help get things onto the agenda. The role of chairman or mayor of a council is to manage council meetings of the full council and see fair play during de!ate and the expedition of !usiness. The role is largely ceremonial, and the chairman does not wield power to the extent of the leader of the council, however it must !e remem!ered that the mayor or chairman is still a councillor and pro!a!ly a mem!er of a political group. This means that if the political !alance on the council is critical, the mayor or chairman will !e expected to vote on any important issue, according to how the group wishes. Traditionally, mayors don4t vote, !ut if they have a casting vote, they always go with the majority party. >rom the pu!lic4s point of view, the ceremonial mayor is fre'uently invited to attend high profile and significant events, usually enro!ed and wearing a civic chain of office.
ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

Local Strate/ic Partners-ips *ecent years have seen the emergence of a num!er of new initiatives aimed at extending community involvement and improving service 'uality. :ocal 7trategic %artnerships E:7%F are partnerships !ringing together private, pu!lic, voluntary and community sectors. The purpose of the :7% is to facilitate community involvement in council policy ma+ing, in theory, if an :7% raises an issue the council is duty !ound to listen. Stan+ar+s committee %reviously, each local authority had a statutory duty to esta!lish a standards committee that consists of at least three people, one of whom must not !e a councillor or an officer. >ollowing the election of the #onservative ;overnment in ,A)A, this statutory re'uirement was a!olished under the terms of the :ocalism Hill referred to elsewhere. #riticisms included that the 7tandards #ommittee was suscepti!le to !eing used as a vehicle for politically3motivated attac+s. The role of the committee was to advise the authority on the adoption of its local #ode, monitor the #ode4s operation, train the councillor on the compliance with it and consider any reports arising from an investigation !y an ethical standards officer employed !y the national standards !oard. #ouncils retain the right to set up a voluntary standards committee if they wish to, !ut this is no longer mandatory. More detail on this is at these lin+s( http(IIwww.communities.gov.u+IdocumentsIlocalgovernmentIpdfI)@606@?.pdf http(IIwww.local.gov.u+Iwe!IguestIlocalism3 actI3IjournalJcontentI08I)A)@)I-A@880AI&*T5#:E3TEM%:&TE 5f there are !reaches of the 7tandards #ommittee rules, then a councillor may !e held lia!le for their conduct and sanctioned. ne such example can !e found here(

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

http(IIwww.cornishguardian.co.u+I#ouncillor3#ollin3Hrewer3did3!reach3code3 conductIstory3)?/?A8?63detailIstory.html

CU""ENT ISSUES
The E%& exam expects you to have a good, up3to3date +nowledge of each su!ject. 7o you will need to do your own research to find( ). ,. -. "ews stories relating to the su!ject. Hrief examples relating to the su!ject. #hanges and other announcements relating to the su!ject.

Here are some we!sites you can use. Hut let us +now if you find any others1 http(IInews.!!c.co.u+I)IhiI68@88A@.stm http(IIwww.guardian.co.u+IpoliticsIcivil3service http(IIwww.watfordo!server.co.u+InewsI?,-0-//.:ocalJcouncilsJgivenJglowingJrep ortJfromJom!udsmanI http(IIwww.!!c.co.u+InewsIu+3wales3north3west3wales3)/A@?80,

USE!UL STUD' LIN1S

>reedom of 5nformation &ct. -ttp$..www.c7oi.or/.u0.7oiact6333.-tml 5nformation #ommissioner. -ttp$..www.ico./o,.u0. #ity #ouncil.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

-ttp$..www.+irect./o,.u0.en.)o,ernmentcitizensan+ri/-ts.U1/o,ernment.L ocal/o,ernment.D)23455(3 Horough #ouncil. -ttp$..www.+irect./o,.u0.en.)o,ernmentcitizensan+ri/-ts.U1/o,ernment.L ocal/o,ernment.D)23455(3 <nitary 7tructure. -ttp$..www./w9+ir.+emon.co.u0.u0local/o,.structure.-tm Two tier structure -ttp$..www./w9+ir.+emon.co.u0.u0local/o,.structure.-tm Quality %arish #ouncil. -ttp$..www.,isionwebsites.co.u0.Contents.Te:t.In+e:.aspC SiteI+D554ESiteE:traD>6(34?6ETopNa,I+D464ENa,Si+eI+D?F>4 %arish meeting -ttp$..paris-es.lincolns-ire./o,.u0.Lan/to7t.section.aspCcatI+D(A655 #a!inet -ttp$..societ9./uar+ian.co.u0./lossar9.pa/e.3GGA?A?65G33.-tml Directly elected Mayor -ttp$..societ9./uar+ian.co.u0.ma9or@uestion.comment.3GG((>F4?FG33.-tml -ttp$..societ9./uar+ian.co.u0.ma9or@uestion.stor9.3GGF(63FFG33.-tml :eader of the council. -ttp$..www.i+ea./o,.u0.i+0.core.pa/e.+oCpa/eI+D(((>BB>
ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

#hief Executive -ttp$..www.jr7.or/.u0.0nowle+/e.7in+in/s./o,ernment.)>>.asp

:ocal government associations -ttp$..www.local./o,.u0

#a!inet -ttp$..societ9./uar+ian.co.u0./lossar9.pa/e.3GGA?A?65G33.-tml

#ouncil #onstitution. -ttp$..www.manc-ester./o,.u0.in7o.(3333?.t-e2council2an+2+emocrac9.6? ?A.our2constitution

>orward %lan of =ey Decisions Esee a!oveF. -ttp$..www.wo0in/./o,.u0.wbc.+ecisions

>orward plan -ttp$..www.sal7or+./o,.u0.7orwar+.-tm

=ey Decisions Esee a!oveF. -ttp$..www.c7oi.or/.u0.l/bill6>3433pr.-tml

verview and 7crutiny committee Esee a!oveF. -ttp$..www.be+7or+./o,.u0.council2an+2+emocrac9.o,er,iew2an+2scrutin 9.asp:

Mayor. -ttp$..www.-arin/e9./o,.u0.in+e:.council.+ecision8ma0in/.ma9or.-tm

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

:eader of the #ouncil. -ttp$..www.c-arnwoo+./o,.u0.+emocrac9.lea+er.-tml

Directly Elected Mayor. -ttp$..societ9./uar+ian.co.u0./lossar9.pa/e.3GGA?A?64G33.-tml

<"57 " -ttp$..www.unison.or/.u0

*esolved 5tems. -ttp$..m9council.o:7or+./o,.u0.ieListDocuments.asp:C*I+D53>?

%rescri!ed function -ttp$..www.+ecc./o,.u0.assets.+ecc.(66>263(3353((6365B2e2MM2localaut -eleccon+oc.p+7

%olicy and resources committee -ttp$..www.mora9./o,.u0.mora92stan+ar+.pa/e2>6334.-tml

#ommissioner for :ocal &dministration http(IIwww.lgo.org.u+I

Minutes and agendas and !ac+ground papers http://www.lbhf.gov.uk/Directory/Council_and_Democracy/Committee_reports_m inutes_and_agendas/homepage.asp

EKA* HUESTI#NS !#" SEL! ASSESS*ENT

2ou now have the opportunity to answer some real3life exam 'uestions.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

This is what to do with them( i. ii. iii. #omplete one 'uestion. 7elf3assess your answer against the Teaching Material. Highlight areas that were aF wrong, !F incomplete, or cF irrelevant. iv. v. ,i. ;o through your original answer and correct it. Move on to the next 'uestion. 5f you have any 'ueries, please email e8coursesMctjt.biz

2ou will do a moc+ exam on this E%& section when you have completed the relevant modules. ). ,. utline in detail the services provided !y unitary authorities utline the main powers and duties of a county council.

-. The #oalition ;overnment has indicated that it has no plans at present to change the structure of local government. 2our editor, ta+ing advantage of a period of sta!ility, has as+ed you to prepare the material for an online feature explaining the current structure of local government. a. E/)l'in -*'t is ,e'nt #" t-o0tier 'nd (nit'r" lo%'l !o&ern,ent s"ste,s 'nd !i&e e/',)les of -*ere t*e" 're to #e fo(nd. 1o- 're t*e ser&i%es di&ided () -it*in ' t-o tier str(%t(re2 #. For ' f'%t file to '%%o,)'n" t*e fe't(re, identif" -*'t 're t*e 3e" 'd&'nt'!es 'nd dis'd&'nt'!es of (nit'r" 'nd t-o0tier str(%t(res. /. ;ive a detailed account of the structure of local government in :ondon with reference to(

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

a. .hat are the four new !odies set up under the Mayor and what are their functionsO !. .hat other powers does the Mayor haveO c. How can the authority ma+e the Mayor accounta!leO d. .hat services do the :ondon !oroughs provideO e. How is the ;:& fundedO 0. Descri!e the roles and powers of ceremonial mayors and directly elected mayors. 8. Explain the services administered !y joint !oards in metropolitan areas and why they are sometimes set up. @. Explain in detail what is meant !y BlocalismC and state some of the arguments for and against it, with particular reference to its political significance. 6. How might parish councils, with their previously limited powers, !enefit from the localism agendaO ?. Explain the difference !etween the role of a councillor and an officer. )A. .hat is a politically restricted postO )). Explain the role of the #hief Executive ),. Explain the difference !etween a committee recommendation and a resolved item. )-. Descri!e how executive functions are carried out under a MayorI #a!inet executive or a :eaderI #a!inet executive as introduced !y the :ocal ;overnment &ct ,AAA. .hat are the claimed advantages of this system over the committee !ased system it has replaced, and what criticisms can !e made of the new arrangementsO

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT

)/. 2ou have !een as+ed to write a feature explaining to your readers the new arrangements for the decision3ma+ing process as set down !y the :ocal ;overnment &ct ,AAA. The article will cover topics such as dire%tl" ele%ted ,'"or, e/e%(ti&e le'der, %o(n%il ,'n'!er, %'#inet, f(ll %o(n%il. aF Explain the terms in italics. !F Depending on the form of arrangement adopted, explain who can ta+e executive action. cF "ame the local contacts you would approach and three 'uestions Ein totalF you would put to them. )0. & council ca!inet has decided to close a local day care centre for elderly people and sell the site for development, claiming the !uilding is out3dated and not well used. Explain the steps that the relevant scrutiny committee could ta+e to prevent this decision from !eing implemented and identify who can sit on such committees. !F .hat other powers do scrutiny committees haveO cF .hat criticisms could !e made a!out the system of scrutinyO )8. utline the right the press and pu!lic have to attend scrutiny committee meetings. )@. Descri!e the three main forms of executive style political management that local authorities with a population of a!ove 60,AAA can adopt under the :ocal ;overnment &ct ,AAA. .hat criticisms have !een made of these systemsO

&%AT NEKT
.hen you are ready, contact e8coursesMctjt.biz and as+ for E77E"T5&: %& 7E#T5 " ) Module ,.

ESSENTIAL PA SECTION 1 CONTROLLING POWER MODULE 1 LOCAL GOVERNMENT