Asked by: Alex Norris (Labour (Co-op) - Nottingham North)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, what complaints system is in place for his Department to investigate claims that local authorities are not applying the Assets of Community Value (ACV) provisions consistently or in line with the (a) Localism Act 2011, (b) 2012 ACV guidance and (c) the results of First Tier Tribunal decisions.
Answered by Neil O'Brien
Local authorities are responsible for ensuring that their Assets of Community Value scheme is run in accordance with the legislation set out in Part 3 Chapter 5 of the Localism Act 2011 and the Assets of Community Regulations 2012.
Under the existing scheme a community nomination rejected by a council would not be able to appeal the council’s decision. The department does not collect information on complaints raised with the Social Care Ombudsman by community groups about unsuccessful Assets of Community Value nominations or the outcomes of these decision. The department also does not provide guidance to the Social Care on the Assets of Community Value scheme.
The right of appeal against a council decision is only available to the owner of the asset. The right of independent appeal to a Tribunal ensures fairness to landowners and ensures that a council decision may be subject to impartial scrutiny.
As part of the Strategy for Community Spaces and Relationships, announced in the Levelling Up White Paper, the UK Government will consider how the existing Assets of Community Value Scheme can be enhanced and consult on options to go further to support community ownership.
Asked by: Alex Norris (Labour (Co-op) - Nottingham North)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, what processes his Department has put in place to help ensure that the Assets of Community Value provisions of the Localism Act 2011 are applied consistently across England.
Answered by Neil O'Brien
Local authorities are responsible for ensuring that their Assets of Community Value scheme is run in accordance with the legislation set out in Part 3 Chapter 5 of the Localism Act 2011 and the Assets of Community Regulations 2012.
Under the existing scheme a community nomination rejected by a council would not be able to appeal the council’s decision. The department does not collect information on complaints raised with the Social Care Ombudsman by community groups about unsuccessful Assets of Community Value nominations or the outcomes of these decision. The department also does not provide guidance to the Social Care on the Assets of Community Value scheme.
The right of appeal against a council decision is only available to the owner of the asset. The right of independent appeal to a Tribunal ensures fairness to landowners and ensures that a council decision may be subject to impartial scrutiny.
As part of the Strategy for Community Spaces and Relationships, announced in the Levelling Up White Paper, the UK Government will consider how the existing Assets of Community Value Scheme can be enhanced and consult on options to go further to support community ownership.
Asked by: Alex Norris (Labour (Co-op) - Nottingham North)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, what process the process is for nominating groups to appeal rejected Assets of Community Value nominations with a relevant local authority.
Answered by Neil O'Brien
Local authorities are responsible for ensuring that their Assets of Community Value scheme is run in accordance with the legislation set out in Part 3 Chapter 5 of the Localism Act 2011 and the Assets of Community Regulations 2012.
Under the existing scheme a community nomination rejected by a council would not be able to appeal the council’s decision. The department does not collect information on complaints raised with the Social Care Ombudsman by community groups about unsuccessful Assets of Community Value nominations or the outcomes of these decision. The department also does not provide guidance to the Social Care on the Assets of Community Value scheme.
The right of appeal against a council decision is only available to the owner of the asset. The right of independent appeal to a Tribunal ensures fairness to landowners and ensures that a council decision may be subject to impartial scrutiny.
As part of the Strategy for Community Spaces and Relationships, announced in the Levelling Up White Paper, the UK Government will consider how the existing Assets of Community Value Scheme can be enhanced and consult on options to go further to support community ownership.
Asked by: Alex Norris (Labour (Co-op) - Nottingham North)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, what assessment he has made of the potential merits of updating the Assets of Community Value guidance last published in 2012.
Answered by Neil O'Brien
Local authorities are responsible for ensuring that their Assets of Community Value scheme is run in accordance with the legislation set out in Part 3 Chapter 5 of the Localism Act 2011 and the Assets of Community Regulations 2012.
Under the existing scheme a community nomination rejected by a council would not be able to appeal the council’s decision. The department does not collect information on complaints raised with the Social Care Ombudsman by community groups about unsuccessful Assets of Community Value nominations or the outcomes of these decision. The department also does not provide guidance to the Social Care on the Assets of Community Value scheme.
The right of appeal against a council decision is only available to the owner of the asset. The right of independent appeal to a Tribunal ensures fairness to landowners and ensures that a council decision may be subject to impartial scrutiny.
As part of the Strategy for Community Spaces and Relationships, announced in the Levelling Up White Paper, the UK Government will consider how the existing Assets of Community Value Scheme can be enhanced and consult on options to go further to support community ownership.
Asked by: Mary Kelly Foy (Labour - City of Durham)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, if he will make an assessment of the potential merits of extending the remit of the Local Government Ombudsmen to include parish councils.
Answered by Kemi Badenoch - President of the Board of Trade
The Local Government and Social Care Ombudsman published its Triennial Review of their complaints and public accountability framework on 2 December. The Review made a number of recommendations to refine their legal framework. Recommendation 1.2 proposes that a pilot is developed to explore bringing a subset of the largest town and parish councils within the Ombudsman’s remit. The Government is considering the Review’s recommendations and will respond in due course.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government what organisations or persons have a duty to enforce the equalities obligations of local authorities towards persons with protected characteristics under the Equality Act 2010.
Answered by Lord Greenhalgh
It is the role of each local authority’s Monitoring Officer to report to the local authority where it appears to them the authority has done, or is about to do, anything which would contravene the law - including contravention of its duties under the Equality Act 2010 - or would amount to maladministration, at all times.
The Local Government and Social Care Ombudsman is charged by Parliament with the investigation of complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities, including injustice arising from failure to uphold the local authority’s obligations under the Equality Act 2010, once an authority’s formal complaints process has been exhausted. Information regarding how to raise a complaint with the Ombudsman and the types of faults the Ombudsman will investigate may be found on its website at; www.lgo.org.uk.
The Ombudsman is independent in matters relating to the investigation and reporting of complaints. Decisions are published on the Ombudsman’s website as well as thematic focus reports to highlight common or systemic concerns.
Where the Ombudsman finds no maladministration or cannot investigate, a member of the public who disagrees with the decision of their local authority may seek judicial review of the local authority’s decision through the courts. I would however advise anyone considering taking legal action to seek independent legal advice before doing so.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government what discussions they have had with the Local Government and Social Care Ombudsman about the equalities duties of local authorities.
Answered by Lord Greenhalgh
It is the role of each local authority’s Monitoring Officer to report to the local authority where it appears to them the authority has done, or is about to do, anything which would contravene the law - including contravention of its duties under the Equality Act 2010 - or would amount to maladministration, at all times.
The Local Government and Social Care Ombudsman is charged by Parliament with the investigation of complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities, including injustice arising from failure to uphold the local authority’s obligations under the Equality Act 2010, once an authority’s formal complaints process has been exhausted. Information regarding how to raise a complaint with the Ombudsman and the types of faults the Ombudsman will investigate may be found on its website at; www.lgo.org.uk.
The Ombudsman is independent in matters relating to the investigation and reporting of complaints. Decisions are published on the Ombudsman’s website as well as thematic focus reports to highlight common or systemic concerns.
Where the Ombudsman finds no maladministration or cannot investigate, a member of the public who disagrees with the decision of their local authority may seek judicial review of the local authority’s decision through the courts. I would however advise anyone considering taking legal action to seek independent legal advice before doing so.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government how someone in England with at least one protected characteristic who considers that their local authority is in breach of its obligations under the Equality Act 2010 can escalate a complaint once the local authority complaints process has been exhausted.
Answered by Lord Greenhalgh
It is the role of each local authority’s Monitoring Officer to report to the local authority where it appears to them the authority has done, or is about to do, anything which would contravene the law - including contravention of its duties under the Equality Act 2010 - or would amount to maladministration, at all times.
The Local Government and Social Care Ombudsman is charged by Parliament with the investigation of complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities, including injustice arising from failure to uphold the local authority’s obligations under the Equality Act 2010, once an authority’s formal complaints process has been exhausted. Information regarding how to raise a complaint with the Ombudsman and the types of faults the Ombudsman will investigate may be found on its website at; www.lgo.org.uk.
The Ombudsman is independent in matters relating to the investigation and reporting of complaints. Decisions are published on the Ombudsman’s website as well as thematic focus reports to highlight common or systemic concerns.
Where the Ombudsman finds no maladministration or cannot investigate, a member of the public who disagrees with the decision of their local authority may seek judicial review of the local authority’s decision through the courts. I would however advise anyone considering taking legal action to seek independent legal advice before doing so.
Asked by: Steve Reed (Labour (Co-op) - Croydon North)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, with reference to the Local Government and Social Care Ombudsman's recent investigation into a complaint against Lincolnshire County Council, what assessment he has made of whether local authorities' fixed charges for short-term residential care are in line with statutory guidance.
Answered by Helen Whately - Minister of State (Department of Health and Social Care)
In determining fixed charges for short-term residential care, a local authority must follow the Care and Support (Charging and Assessment of Resources) 2014 Regulation (the Regulations) and have regard to the Care and Support Statutory (CASS) guidance.
It is the role of the Local Government and Social Care Ombudsman, to look at individual complaints about local authority failure to follow policies, including those on whether fixed charges for short-term residential care are in line with statutory guidance.
Asked by: Bill Wiggin (Conservative - North Herefordshire)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, whether he plans to re-establish the Standards Board for England.
Answered by Luke Hall - Minister of State (Education)
The Localism Act 2011 abolished the Standards Board for England and decentralised responsibility for maintaining high ethical standards to local authorities. Local authorities must adopt a code of conduct for elected and co-opted members consistent with the ‘Nolan’ principles of selflessness, honesty, integrity, objectivity, accountability, openness and leadership.
Abolishing the Standards Board and devolving responsibility for ethical standards has encouraged local authorities to take ownership for building and maintaining a culture of high ethical standards. It has also provided the flexibility and discretion to resolve standards issues informally where appropriate and to tailor procedures to their specific circumstances. The Government has no plans to re-establish the Standards Board for England or to reimpose a central code of conduct on local authorities.
The Localism Act 2011 also requires local authorities to put in place procedures for considering complaints where members are alleged to have breached the code of conduct, including appointing an independent person to advise the authority before it decides on an allegation. As it is for individual local authorities to determine their own complaints procedures, it would not be appropriate for the Government to investigate individual complaints against members of a local authority.
If a member of the public has a concern about the actions, decisions or conduct of their local authority, they should first look to use the authority’s formal complaints system. If they remain unsatisfied, an individual can ask the Local Government and Social Care Ombudsman to investigate cases where they are alleged to have suffered personal injustice arising from maladministration by a local authority.
My department has responsibility for the core Local Authority Governance & Accountability Framework, for ensuring that it is functioning effectively and contains the right checks and balances. The Committee on Standards in Public Life’s Report on Ethical Standards in Local Government affirms that there is a willingness and capacity to uphold the highest standards of conduct amongst local government in England. The Report makes a number of?recommendations to strengthen the standards and conduct system for local government. The Government is carefully considering the report and will respond in due course.