Select Committee · Housing, Communities and Local Government Committee

Local Authority Financial Sustainability and the Section 114 Regime

Status: Closed Opened: 1 Dec 2020 Closed: 25 Oct 2021 9 recommendations 11 conclusions 1 report

This inquiry will consider the scale and depth of financial sustainability issues within local authorities with the potential to lead to the issuing of S114 notices, including the effect of commercial investments and the impact of Covid-19, and the role of central government in helping councils avoid this outcome.

Reports

1 report
Title HC No. Published Items Response
Second Report - Local authority financial sustainability an… HC 33 19 Jul 2021 20 Responded

Recommendations & Conclusions

20 items
1 Recommendation Second Report - Local authority financi… Accepted

The failure to properly fund children’s and adult social care, especially adult social care, is...

The failure to properly fund children’s and adult social care, especially adult social care, is the single biggest threat facing local government financial resilience. Given that the cost of providing social care consumes between 60% and 70% of the budgets of top-tier councils, a solution to this funding crisis alone … Read more

Government response AI summary
The government has committed to investing an additional £5.4 billion over three years, following a 7 September 2021 announcement, to begin a comprehensive programme of reform for adult social care. Further details will be published in a White Paper later this year.
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Ministry of Housing, Communities and Local Government
2 Conclusion Second Report - Local authority financi… Rejected

We agree with the principle of incentivising councils to grow business rates in their area,...

We agree with the principle of incentivising councils to grow business rates in their area, as a means of making them less reliant on central funding, but we are concerned about the impact on councils that, through no fault of their own, are less able to do this. As our … Read more

Government response AI summary
The government stated it would not proceed with the implementation of the Fair Funding Review and business rates reset in 2021/22. It confirmed that decisions on the future direction of local government finance reform will be taken at the ongoing Spending Review.
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Ministry of Housing, Communities and Local Government
3 Conclusion Second Report - Local authority financi… Deferred

The question of the BRRS is closely related to the debate about the longstanding role...

The question of the BRRS is closely related to the debate about the longstanding role of equalisation in how local government in England is funded. Whilst the purpose of equalisation is to ensure fairness between councils, there is little agreement on the appropriate level: 100% equalisation would provide local authorities … Read more

Government response AI summary
The government has deferred decisions on local government finance reform, including the BRRS and equalisation rules, to an ongoing Spending Review, citing the need to assess the pandemic's impact.
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Ministry of Housing, Communities and Local Government
4 Recommendation Second Report - Local authority financi… Rejected

We recommend that the Government implement the Fair Funding Review and business rates reset as...

We recommend that the Government implement the Fair Funding Review and business rates reset as soon as possible, as the quickest way of partly restoring the link between funding and need. The Government should also allow councils to retain 75% of business rates from 2022, but so that this represents … Read more

Government response AI summary
The government explicitly rejected the immediate implementation of the Fair Funding Review and 75% Business Rates Retention, stating that decisions on the way forward will be taken at the ongoing Spending Review.
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Ministry of Housing, Communities and Local Government
5 Conclusion Second Report - Local authority financi… Rejected

We are pleased that the allocation of the £300 million grant for social care mitigates...

We are pleased that the allocation of the £300 million grant for social care mitigates the distributional impact of the council tax rises, but we do not think the fairness of the funding model should be reliant on one-off, short-term grants. It is right that certain councils be compensated for … Read more

Government response AI summary
The government rejects the implied recommendation for council tax reform and revaluation, stating it has no plans for fundamental change. It argues that a revaluation would be expensive, lead to higher bills for many households, potentially penalise those on fixed incomes, and not address disparities …
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Ministry of Housing, Communities and Local Government
6 Recommendation Second Report - Local authority financi… Rejected

The Government should reform council tax by undertaking a revaluation of properties and introducing additional...

The Government should reform council tax by undertaking a revaluation of properties and introducing additional council tax bands, in line with the recommendations of our predecessor Committee. In the longer term, the Government should consider options for wider reform of council tax and business rates, including possibly replacing them with … Read more

Government response AI summary
The government rejects the recommendation, stating it has no plans to replace or fundamentally reform council tax. It argues that a revaluation would be expensive, lead to bill increases for many households, potentially penalise people on fixed incomes, and not address disparities in council tax …
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Ministry of Housing, Communities and Local Government
7 Conclusion Second Report - Local authority financi… Acknowledged

The funding base of local government in England is very narrow.

The funding base of local government in England is very narrow. As the pandemic has highlighted, revenue derived from council tax and business rates is also insecure. As concluded by our predecessor Committee, greater fiscal autonomy could contribute to local government financial resilience. Read more

Government response AI summary
The government defends the current charging regime and highlights existing local flexibilities for council tax. It states that the Chancellor’s Fundamental Review of Business Rates is considering reform options, including greater local flexibility, and will conclude in Autumn.
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Ministry of Housing, Communities and Local Government
8 Recommendation Second Report - Local authority financi… Accepted in Part

We recommend that the Government widen the funding base of local government to make it...

We recommend that the Government widen the funding base of local government to make it less vulnerable to shocks such as the covid-19 pandemic, including by giving councils more flexibility over local taxes and other revenue-raising powers. This would also align with giving local authorities more powers over spending, which … Read more

Government response AI summary
The government largely upholds the current charging regime and council tax flexibility, while noting an ongoing review of business rates that will conclude in the Autumn. It also highlighted a new Health and Social Care Levy that will provide revenue to local authorities.
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Ministry of Housing, Communities and Local Government
9 Conclusion Second Report - Local authority financi… Deferred

We understand the Government’s reasons for resorting to a one-year spending review last year, but...

We understand the Government’s reasons for resorting to a one-year spending review last year, but we note it followed a one-year spending review in 2019 and that the last multi-year spending review came in 2015. Local government cannot manage its spending and borrowing without the medium-term certainty that multi-year funding … Read more

Government response AI summary
The government agrees that multi-year settlements provide certainty for effective planning. However, the approach to the next settlement will be informed by the ongoing Spending Review, and the government is exploring opportunities to simplify the funding system.
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Ministry of Housing, Communities and Local Government
10 Conclusion Second Report - Local authority financi… Acknowledged

The proliferation in recent years of small, often one-off and ring-fenced grants, sometimes involving a...

The proliferation in recent years of small, often one-off and ring-fenced grants, sometimes involving a competitive bidding process, and the uncertainty around such funding, can hinder robust financial planning and management by local authorities, as has been acknowledged by the Public Accounts Committee. Ring- fenced grants also limit councils’ flexibility … Read more

Government response AI summary
The government agrees that a stable funding environment is important and recognizes the challenges of multiple competitive funds. It states it is exploring opportunities to simplify the system, while also noting that ringfences and competitions can be helpful.
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Ministry of Housing, Communities and Local Government
11 Recommendation Second Report - Local authority financi… Deferred

The next financial settlement for local government must be a multi-year settlement.

The next financial settlement for local government must be a multi-year settlement. The Government should also consolidate the number of small and ring-fenced grants, which can limit local authorities’ ability to provide services flexibly, and should reduce the number of bidding processes, which can be burdensome and time consuming. (Paragraph … Read more

Government response AI summary
The government agrees that multi-year settlements provide certainty and is exploring opportunities to simplify the funding system, but defers a decision on the next settlement being multi-year, stating it will be informed by the ongoing Spending Review.
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Ministry of Housing, Communities and Local Government
12 Conclusion Second Report - Local authority financi… Accepted

The Government deserves credit for having responded to an unprecedented crisis with significant emergency funding...

The Government deserves credit for having responded to an unprecedented crisis with significant emergency funding that, from a national perspective, broadly covers all the additional financial pressures consequent on the pandemic and lockdowns in 2021–22. The effects of the pandemic will be felt for many years, however, and we are … Read more

Government response AI summary
The government highlighted over £12 billion in funding already committed to councils, stating that allocations are based on need and that it continues to monitor local authority finances to inform the ongoing Spending Review and support individual authorities.
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Ministry of Housing, Communities and Local Government
13 Recommendation Second Report - Local authority financi… Acknowledged

We urge the Government to consider ways of mitigating the uneven financial support across local...

We urge the Government to consider ways of mitigating the uneven financial support across local authorities and provide greater certainty to councils over what future costs incurred as a result of the pandemic it intends to cover. (Paragraph 55) Local authority commercial investment Read more

Government response AI summary
The government states it has committed over £12 billion in funding and distributed it based on need. It is using monitoring and engagement to inform the ongoing Spending Review and will continue to work with individual authorities and keep the situation under review, without committing …
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Ministry of Housing, Communities and Local Government
14 Conclusion Second Report - Local authority financi… Accepted

Commercial investment appears to pose no clear threat to local government financial resilience overall, and...

Commercial investment appears to pose no clear threat to local government financial resilience overall, and where it has contributed to financial instability, the councils concerned must bear ultimate responsibility. We also welcome the Government’s reforms to the PWLB’s lending terms, which are a useful clarification of the purposes for which … Read more

Government response AI summary
The government is strengthening the capital system and Prudential Framework by working with CIPFA to amend statutory codes, with planned implementation from April 2022, and by tightening legislation on Minimum Revenue Provision duty and borrowing capping powers.
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Ministry of Housing, Communities and Local Government
15 Conclusion Second Report - Local authority financi… Accepted in Part

Furthermore, whilst we welcome the Minister’s commitment to gathering the best quality data to better...

Furthermore, whilst we welcome the Minister’s commitment to gathering the best quality data to better understand councils’ exposure to commercial investment, we think this should have been done by now. We are also concerned about the lack of a statutory requirement on local councils to comply with the prudential code. Read more

Government response AI summary
The government is improving its monitoring of the sector through enhanced data collection, intelligence gathering, and developing tools for earlier risk identification, and requires local authorities to submit three-year capital spending and borrowing plans. However, it does not directly address the concern about the lack …
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Ministry of Housing, Communities and Local Government
16 Recommendation Second Report - Local authority financi… Accepted in Part

We recommend that the Government legislate to make compliance with the prudential code by local...

We recommend that the Government legislate to make compliance with the prudential code by local authorities a statutory duty. The Government should also make good on its commitment to improving the data it collects on local authority commercial investment. (Paragraph 72) Audit and control Read more

Government response AI summary
The government states that local authorities already have a duty to "have regard to" the Prudential Code and is working with CIPFA to make changes to statutory codes, with implementation from April 2022. It also details a programme of work to strengthen the capital system …
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Ministry of Housing, Communities and Local Government
17 Conclusion Second Report - Local authority financi… Accepted in Part

As highlighted in Sir Tony Redmond’s independent review of local authority audit, the local audit...

As highlighted in Sir Tony Redmond’s independent review of local authority audit, the local audit market is deeply flawed. We are particularly concerned about the shortage of specialist local auditors, about the principle of allowing local councils 42 Local authority financial sustainability and the section 114 regime to choose their … Read more

Government response AI summary
The government has undertaken several activities in response to the Redmond review, including extending audit deadlines and confirming its intention to establish ARGA as the new system leader for local audit, while also keeping existing arrangements under review following a consultation.
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Ministry of Housing, Communities and Local Government
18 Recommendation Second Report - Local authority financi… Accepted

We recommend the Government remove the ability of local authorities to choose their own auditors.

We recommend the Government remove the ability of local authorities to choose their own auditors. The risk is that auditors will be reluctant to flag up potential problems for fear of losing their contract. The Government should consider who will be best placed to appoint local authority auditors, given that … Read more

Government response AI summary
The government has confirmed its intention to establish the Audit, Reporting and Governance Authority (ARGA) as the new system leader for local audit and considers the Public Sector Auditor Appointments Ltd (PSAA) as the best placed appointing body. It has also undertaken a consultation on …
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Ministry of Housing, Communities and Local Government
19 Conclusion Second Report - Local authority financi… Rejected

The absence of section 114 notices before 2018 is adduced as evidence that the regime...

The absence of section 114 notices before 2018 is adduced as evidence that the regime has been broadly successful. The consequences for a council of issuing a notice are serious, however, and we are concerned that, rather than concentrating minds, the regime might be hindering good financial management, as it … Read more

Government response AI summary
The government defends Section 114 notices as an important and effective part of the finance system, stating they operate within a wider system of checks and balances that should lead to earlier action, thus not committing to an intermediary "yellow card" measure.
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Ministry of Housing, Communities and Local Government
20 Recommendation Second Report - Local authority financi… Accepted

We recommend that the Government consider changing the section 114 regime to provide Chief Finance...

We recommend that the Government consider changing the section 114 regime to provide Chief Finance Officers with intermediary measures that can be applied at a much earlier stage to highlight concerns before a council’s finances deteriorate so far as to require a section 114 notice. We also recommend that Chief … Read more

Government response AI summary
The government defends the existing Section 114 regime as effective and states that a wider system of checks and balances, including statutory reporting duties for Section 151 Officers and powers for external auditors, already provides mechanisms to highlight financial concerns.
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Ministry of Housing, Communities and Local Government

Oral evidence sessions

3 sessions
Date Witnesses
25 Mar 2021 Chris Buss · Croydon Council, Cllr Hamida Ali · Croydon Council, Katherine Kerswell · Croydon Council, Sarah Ironmonger · Grant Thornton View ↗
22 Feb 2021 Alex Skinner · Department for Levelling Up, Housing and Communities, Luke Hall · Ministry of Housing, Communities and Local Government View ↗
8 Feb 2021 Cllr Richard Watts · Local Government Association (LGA), Rob Whiteman · CIPFA View ↗

Who gave evidence

8 witnesses
WitnessOrganisationSessions
Alex Skinner · Director of Local Government Finance Department for Levelling Up, Housing and Communities 1
Chris Buss · Interim Section 151 Officer Croydon Council 1
Cllr Hamida Ali · Leader Croydon Council 1
Cllr Richard Watts · Chair of Resources Board Local Government Association (LGA) 1
Katherine Kerswell · Interim CEO Croydon Council 1
Luke Hall · Minister for Regional Growth and Local Government Ministry of Housing, Communities and Local Government 1
Rob Whiteman · Chief Executive CIPFA 1
Sarah Ironmonger · Director of Audit Grant Thornton 1