Meeting documents

Cabinet
Tuesday, 19 December 2006

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  ANNEX 1 ITEM CA9

CABINET - 19 DECEMBER 2006

LOCAL GOVT. WHITE PAPER – NOW THE LOCAL GOVT AND PUBLIC INVOLVEMENT IN HEALTH BILL

Supplementary report by the Chief Executive

Introduction

  1. The White Paper has now been superseded, as the Local Government and Public Involvement in Health bill was laid in parliament at the end of last week. Whilst the bulk of the proposals are in line with the White Paper, there are a few key areas of difference and this paper briefly updates members on the content and the main changes between the two.

    2. Structural Change

  2. Whilst the criteria for structural change outlined in the White Paper is described as a time limited "invitation" to local authorities to put forward proposals for change, the bill contains provisions for the Secretary of State to both invite and direct principal authorities in two tier areas to make proposals for a single tier of local government in the area.

  3. The area concerned can comprise the county itself, one or more district councils in the county concerned or one or more relevant adjoining areas (i.e. neighbouring counties or districts, although not to adjoining unitaries).

  4. An invitation or direction may be such that the authority may choose which type of proposal to make or it may specify which kind of proposal is invited or required. However, a direction will only be given where the Secretary of State believes that it would be in the interests of effective or convenient local government to so.

  5. Invitations or directions may be given to more than one local authority in the area concerned, and may be implemented following consultation with the affected councils and any other person considered by the Secretary of State to have an interest. Such invitations or directions may also be varied or revoked

  6. This goes considerably further than the proposals in the White Paper although we have no information as yet as to the extent that the government would be likely to wish to use the extended powers.

    7. Elections in England

  7. These proposals are consistent with the White Paper, with measures to allow councils to change to whole council elections by resolution.

    8. Executive Arrangements

  8. This part is consistent with the White Paper and requires councils to adopt one of three types of electoral arrangement as specified in the main report. Details are provided on how the Elected Executive form of arrangements would work - it is clear that members of an elected executive could not at the same time be ordinary councillors and would be elected in addition to the complement of councillors. 

  9. The proposals for the Executive Leader are straightforward and in this form of arrangements the Leader is and remains a member of the Council and whilst having a 4 year term can be removed by resolution of the Council although this will be subject to regulations. 

    10. Other Governance Issues

    Parishes

  10. This is consistent with the White Paper and gives a choice of three styles of Parish Councils  - Community, Neighbourhood or Village.  The power of well being in Section 1 of the LG Act 2000 is extended to "eligible" parish Councils but does not require them to produce a community strategy. Measures are included to allow district councils and London boroughs to carry out community governance (formerly parish) reviews and to establish, amalgamate, alter or abolish parish councils. In tow tier areas it is for the District Councils to carry out these reviews. 

    11. Scrutiny

  11. The scrutiny proposals are consistent with the White Paper, with the "community call for action proposals" from the White Paper brought forward by extending the power to all Councillors (not just those members on a committee) on an authority to refer a matter to an Overview and Scrutiny Committee and for that to be put on the agenda of the Committee. 

  12. This part extends the power of Overview and Scrutiny Committees to question any member discharging functions under Section 166 (exercise of functions by local Councillors).  It provides powers of regulation making to the Secretary of State to prescribe the relevant information, which must be provided to an Overview and Scrutiny Committee by relevant partner authorities. 

  13. The Executive must give a response to the Overview and Scrutiny Committee's recommendations within two months, which must be published.  A relevant Partner Authority must have regard to any report or recommendations of an Overview and Scrutiny Committee where this relates to a local improvement target specified in the LAA (this does not apply in the case of Crime and Disorder Reduction Partnership or PCT as there is separate legislation covering these).

    14. Byelaws 

  14. This part is consistent with the White Paper and allows enforcement of byelaws through fixed penalty notices and issuing by community support officers.  This might be of limited application as it can only apply where there is a specific power to make byelaws in particular pieces of legislation.  District councils have general powers to make byelaws in their areas but not counties.

    15. Ethical Standards and Member’s Interests

  15. These proposals are consistent with the White Paper and the consultation papers that preceded it by devolving most decision-making on the conduct regime to local authorities, with a revised, regulatory role for the Standards Board for England. The measures provide for local standards committees to make initial assessments of misconduct allegations.

  16. The Standards Committee can refer complaints to the Monitoring Officer, the Standards Board for England or take no action.   Where the latter action is taken the person who made the allegation has the right to request a review of that decision. The scope of the Members' Code of Conduct is also clarified so that it is not limited only to members acting in an official capacity.

  17. The Chairman of the Standards Committee is required to be an independent person (which is in line with our existing practice).

    18. Partnerships and Local Area Agreements

  18. These provisions are broadly in line with the White Paper, putting Local Area Agreements on a statutory footing, with the following changes:

    • NHS Foundation Trusts and NHS Health Trusts are omitted from the list of partners subject to the duty to co-operate in the LAA and to have regard to the targets in it, although Primary Care Trusts remain included

    • Best Value performance indicators are abolished as such although an upper limit to the number of replacement targets is not explicitly set

    • The required for partners to "have regard" to targets is not well defined

    • The requirements for local authorities to consult and involve the public are limited to circumstances where they feel it is appropriate to do so

    • The Audit Commission is given a "gate keeping" role with other inspectorates and their duty to categorise councils (as in the Comprehensive Performance Assessment) is removed, although this may be reinstated again by the Secretary of State

Patient and Public Involvement in Health and Social Care

  1. This section implements the proposals in the Department of Health consultation paper A Stronger Local Voice and creates local involvement networks for health and social services, which will replace the existing Patient Forums. This part also abolishes the Commission for Patient and Public Involvement in Health. 

  2. The County Council is required to make contractual arrangements to deliver activities promoting, and supporting, the involvement of people in the commissioning, provision and scrutiny of local health and social services and for obtaining views about their needs for and experiences of local care services.  The contractor cannot be the Council itself, any other local authority or NHS body. 

  3. Health and Social Care Service providers are required to respond to requests for information, to reports and recommendations and to permit inspections and visits by the Local Involvement Networks.  Regulations will set out the detail of this.  

  4. Local Involvement Networks can refer issues to an Overview & Scrutiny Committee of a local authority and duties are placed on those committees as to consideration of the referral.

JOANNA SIMONS
Chief Executive

Background papers: Local Government and Public Involvement in Health Bill

December 2006

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