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.

Clear

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

5 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
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
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
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
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