Local Government Law

Most council decisions are taken either in full council, in cabinet, by delegated officers, or by committee. Statutory rules under the Local Government Act 1972 and the Local Government Act 2000 require that meetings, agenda papers, reports and minutes are open to the public, subject to limited exemptions for confidential or commercially sensitive material. Decisions taken without proper authority, or behind closed doors when openness was required, can be set aside.

Where a statute imposes a consultation duty (for example, school reorganisation under the Education Act 1996, or library service changes under the Public Libraries and Museums Act 1964), consultation is mandatory. Even without a specific statute, the common law fairness duty (the Gunning principles) may apply if a settled practice or legitimate expectation has arisen. Consultation must be at a formative stage, give sufficient reasons, allow adequate time, and the responses must be conscientiously taken into account.

Local authorities are creatures of statute and may only do that which Parliament has empowered them to do. A decision or expenditure outside their statutory powers is ultra vires and unlawful. The general power of competence in the Localism Act 2011 has broadened those powers but has not removed all the limits, and certain matters (notably commercial trading) still require specific statutory authority and proper governance.

Section 149 of the Equality Act 2010 requires public authorities, in the exercise of their functions, to have due regard to the need to eliminate unlawful discrimination, advance equality of opportunity, and foster good relations between people who share a protected characteristic and those who do not. In practice this normally requires a written equality impact assessment to be considered before the decision is taken, not retro-fitted afterwards.

You can, but the courts are slow to interfere with how a council allocates limited resources between competing demands. The challenge will usually be on the way the decision was taken (consultation, equality duty, sufficient information, rationality) rather than the wisdom of the outcome itself. Bring proceedings promptly: the three-month judicial review limit applies, and the courts can refuse relief if the council has acted in reliance on the decision.

For service failures, start with the council’s own complaints process and, if you remain dissatisfied, escalate to the Local Government and Social Care Ombudsman, which can recommend an apology, change of decision or compensation. Where the issue is the lawfulness of a decision, rather than maladministration, judicial review may be required, and again the three-month deadline begins to run from the decision. Take legal advice early so that both routes remain open.