Select Committee · Housing, Communities and Local Government Committee

Financial distress in local authorities

Status: Closed Opened: 2 Nov 2023 Closed: 19 Mar 2024 15 recommendations 13 conclusions 1 report

Since 2018 eight English local authorities have issued section 114 notices. The results can be significant for local service delivery and local democracy. Various sources continue to report that other authorities are financially unsustainable and are at risk issuing a section 114 notice. This inquiry examines the current landscape of financial resilience in local authorities …

Reports

1 report
Title HC No. Published Items Response
Third Report - Financial distress in local authorities HC 56 1 Feb 2024 28 Responded

Recommendations & Conclusions

28 items
1 Conclusion Third Report - Financial distress in lo… Accepted in Part

Local authorities face systemic underfunding and £4 billion gap from demand and inflation.

Local authorities have seen significant reductions in their spending power coincide with increasing demand for their services and inflationary pressures exceeding those in the wider economy. Recent funding settlements, while increasing in cash terms, have not kept pace with these pressures leading to a downward spiral. The prospect of further …

Government response. The government acknowledges significant funding pressures and details recent additional measures for local authorities, including £600 million extra funding, increased rural grants, and a 4% Core Spending Power increase for all councils for 2024-25, while committing to return to multi-year …
Ministry of Housing, Communities and Local Government
2 Recommendation Third Report - Financial distress in lo… Accepted in Part

Include additional funding in 2024–25 settlement to bridge local authorities' £4bn gap, outlining prioritisation.

The Government must include additional funding in the local government finance settlement for 2024–25 to ensure local authorities bridge their estimated £4 billion funding gap. The Government must set out which local authorities are being prioritised and why for this financial settlement. The Government must also set out what longer- …

Government response. The government committed an additional £600 million for local authorities in 2024-25, prioritising social care councils and rural populations. It noted an overall increase in Core Spending Power of up to £4.5 billion, but stated longer-term support and multi-year settlements …
Ministry of Housing, Communities and Local Government
3 Conclusion Third Report - Financial distress in lo… Rejected

Council tax is outdated, regressive, and disproportionately impacts deprived local authorities' funding.

There is widespread agreement that Council tax is outdated, regressive, and long overdue for reform. The Government’s increasing reliance on council tax to fund local authorities is causing a disproportionately negative impact on funding levels for authorities in the most deprived areas of England. The Government’s imposition of referendum thresholds …

Government response. The government acknowledges the need to improve the local government finance landscape in the next Parliament but states it has no plans to revalue council tax bands and defends its existing referendum principles for council tax increases.
Ministry of Housing, Communities and Local Government
4 Recommendation Third Report - Financial distress in lo… Rejected

Urgently reform council tax by revaluing properties and introducing additional bands.

We repeat the recommendation made in our July 2021 report, Local Authority Financial Sustainability and the Section 114 Regime, and our November 2023 report, Council Tax Collection: namely, that: the Government must urgently reform council tax by undertaking a revaluation of properties and introducing additional council tax bands, and should …

Government response. The government rejects the recommendation for urgent council tax reform, specifically revaluation and additional bands, citing cost and potential impact on low-income households, deferring wider reform discussions to the next Parliament.
Ministry of Housing, Communities and Local Government
5 Recommendation Third Report - Financial distress in lo… Rejected

Raise council tax referendum threshold in line with inflation; consider its long-term removal.

Furthermore, in the short-term, the Government must raise the referendum threshold for council tax at least in line with a relevant measure of inflation. In the longer- term we recommend that the Government considers removing the threshold entirely.

Government response. The government rejects the recommendation, stating its manifesto commitment is to protect local taxpayers from excessive council tax increases and defending the existing referendum threshold system as a balance between local authority flexibility and protecting residents. It does not agree …
Ministry of Housing, Communities and Local Government
6 Conclusion Third Report - Financial distress in lo… Acknowledged

Additional capital flexibilities could help local authorities during financial distress.

We have previously recommended that the Government widens the funding base of local authorities and grants more flexibility over local taxes and other revenue raising powers. We therefore welcome the Government’s call for views on local authority capital flexibilities and believe that additional flexibilities may play a useful role in …

Government response. The government confirms it launched a call for views on local authority capital flexibilities to encourage invest-to-save activity and is considering responses. A publication is expected before the summer recess, and some financial flexibilities have been agreed with specific councils.
Ministry of Housing, Communities and Local Government
7 Conclusion Third Report - Financial distress in lo… Deferred

Using capital funding for revenue is unsustainable, risking asset sales and delaying reforms.

However, local authorities’ use of capital funding for revenue expenditure is not sustainable and at best it can only be a temporary solution to short-term financial pressures. We have concerns that the Government, if it does grant these additional flexibilities, may delay its engagement with the more fundamental reforms to …

Government response. The government has launched a call for views on options for capital resource flexibility and will publish a response before summer recess, while affirming that existing exceptional financial support via capitalisation directions is only for specific local issues.
Ministry of Housing, Communities and Local Government
8 Recommendation Third Report - Financial distress in lo… Acknowledged

Limit capital funding flexibilities to invest-to-save and closely monitor uptake for unintended consequences.

The Government should ensure that the implications of any additional flexibilities it grants on capital funding are carefully considered. We recommend that these are limited to extending flexibilities over invest-to-save activity only. The Government must closely monitor local authorities’ uptake of these flexibilities and act quickly to work with local …

Government response. The government states it is considering responses to its call for views on capital flexibilities, acknowledging the need for balance to prevent unsustainable financial practices. It will publish a response before the summer recess but does not commit to the …
Ministry of Housing, Communities and Local Government
9 Conclusion Third Report - Financial distress in lo… Accepted

Business rates system is outdated, complex, misaligned, disproportionately impacting deprived local authorities.

The business rates system is overly complex, outdated and in urgent need of reform. The baselines used in the business rates retention scheme are over 10 years out of date and their continued use is causing a significant misalignment between the level of funding distributed to local authorities and those …

Government response. The government states it completed a review in 2021 and passed the Non-Domestic Rating Act 2023. It will not reset the business rates retention system before 2025-26, but agrees to consider further improvements in the next Parliament.
Ministry of Housing, Communities and Local Government
10 Recommendation Third Report - Financial distress in lo… Deferred

Implement business rates reset and Fair Funding Review; commit to long-term reform.

We renew our previous recommendation that the Government implements the business rates reset and Fair Funding Review. This should include transitional arrangements to ensure stability in funding levels after reset and review. The Government must commit to a fundamental long-term review of the business rates system to ensure business taxation …

Government response. The government states the business rates retention system reset will not happen before 2025-26 due to sector calls for stability, thereby deferring its implementation. It also acknowledges the need for improvements in the local government finance landscape and commits to …
Ministry of Housing, Communities and Local Government
11 Conclusion Third Report - Financial distress in lo… Accepted

Children's social care reforms lack sufficient short-term financial support for local authorities.

We agree with the Government that comprehensive reform of the children’s social care system is urgent and necessary. We are concerned, however, at the receding prospect of timely delivery of reforms and note that, despite the additional funding that the Government announced in autumn 2022, the Government’s plans do not …

Government response. The government agrees on the urgency of children's social care reform and has provided £1.5 billion in additional grant for social care for 2024-25, including a recent £500 million uplift. It also committed £165 million over four years to expand …
Ministry of Housing, Communities and Local Government
12 Recommendation Third Report - Financial distress in lo… Accepted

Work urgently with local authorities to develop short-term support for children's social care.

The Government must work urgently with local authorities to better understand their short-term budgetary pressures in this area and work to develop a package of support and funding to enable continued service delivery while wider system reforms are implemented. (Paragraph 77) 44 Financial distress in local authorities

Government response. The government agrees on the urgency of children's social care reform and has announced £1.5 billion in additional grant funding for social care for 2024-25, including a recent £500 million uplift. It also committed £165 million over four years to …
Ministry of Housing, Communities and Local Government
13 Recommendation Third Report - Financial distress in lo… Accepted

Review ways to facilitate local authority collaboration for direct delivery of children's care services.

The Government should support local authorities by reviewing possible ways of facilitating greater collaboration across local authorities so that they can collectively deliver more children’s care services directly rather than through private suppliers.

Government response. The government commits to supporting greater collaboration among local authorities for collectively delivering care services, citing ongoing co-design work and the Regional Care Cooperative pathfinder programme. It also provided capital funding to increase local authority provision and will publish proposals …
Ministry of Housing, Communities and Local Government
14 Conclusion Third Report - Financial distress in lo… Accepted

Local authorities face acute financial pressures for adult social care, requiring sustainable funding increases.

While the additional funding announced in Autumn Statement 2022 has provided some brief respite for local authorities facing particularly acute pressures, a consistent and sustainable increase in funding is required. We have heard evidence of ongoing concerns about the continuing cost and demand pressures affecting adult social care. The absence …

Government response. The government details significant additional funding of up to £8.6 billion over two years and £1.5 billion in grant increases for 2024-25 for adult social care, arguing this addresses the pressures and enables local authorities to improve services.
Ministry of Housing, Communities and Local Government
15 Recommendation Third Report - Financial distress in lo… Accepted

Plan a sustainable mechanism to deliver billions in annual funding for adult social care.

We reiterate the recommendation we made in our July 2022 report Long-term Funding of Adult Social Care, that the Government needs to recognise the need for more funding to local authorities for delivery of adult social care, in the order of several billions each year, and to plan a sustainable …

Government response. The government has recognized the pressures in adult social care, making available up to £8.6 billion of additional funding over two years, including over £1.5 billion in new grants for 2024-25, to support local authorities in delivering social care.
Ministry of Housing, Communities and Local Government
16 Recommendation Third Report - Financial distress in lo… Rejected

Publish a 10-year plan to implement reforms from People at the Heart of Care white paper.

We also reiterate the recommendation we made in our July 2022 report for the Government to publish a 10-year plan for implementing the reforms set out in its white paper People at the Heart of Care. (Paragraph 95) Chapter 4: Special Educational Needs and Disabilities (SEND)

Government response. The government rejects the recommendation to publish a 10-year plan for adult social care reforms, stating that such plans are subject to future Spending Reviews and fiscal events which prevent long-term funding certainty. It highlights its 'Next steps to put …
Ministry of Housing, Communities and Local Government
17 Conclusion Third Report - Financial distress in lo… Accepted

Funding for Special Educational Needs provision is insufficient to meet demand from EHC plans.

The rise in numbers of EHC plans following the Children and Families Act 2014 has significantly increased demand for more costly forms of SEND provision and home to school transport. The funding available to local authorities, through the Dedicated Schools Grant or otherwise, is far from sufficient to meet this …

Government response. The government agrees on the importance of tackling SEND provision costs, highlighting a 60% rise in the high needs budget to £10.5 billion by 2024-25, and detailing support programmes like Safety Valve and Delivering Better Value with £1 billion in …
Ministry of Housing, Communities and Local Government
18 Conclusion Third Report - Financial distress in lo… Accepted

Temporary funding fails to resolve fundamental mismatch in Dedicated Schools Grant and SEND costs.

The Government’s use of the statutory override and one-off ‘safety valve’ funding are temporary measures and do not address the underlying mismatch between demand, costs, and annual Dedicated Schools Grant funding. They will not prevent local authorities from accumulating further deficits until the underlying mismatch is resolved, and we do …

Government response. The government acknowledges the concern about funding mismatches but states it is already addressing the issue through significant increases to the high needs budget, existing Safety Valve and Delivering Better Value in SEND programmes with additional funding, and published guidance.
Ministry of Housing, Communities and Local Government
19 Conclusion Third Report - Financial distress in lo… Not Addressed

Lack of clarity on funding responsibility for remaining deficits after statutory override ends.

The Government has provided no clarity on whether it will fund, or it will expect local authorities to fund, deficits remaining when the statutory override ends in March 2026.

Government response. The government highlights its commitment to placing local authorities on a sustainable financial footing regarding SEND provision, detailing ongoing Safety Valve and Delivering Better Value in SEND programmes with funding and expert support to help LAs eliminate deficits. However, it …
Ministry of Housing, Communities and Local Government
20 Conclusion Third Report - Financial distress in lo… Accepted

Improved school provision insufficient to address EHC plan demand or short-term financial pressures.

It is clear that the Government’s aim to improve existing mainstream and locally available special school provision will not be sufficient on its own to influence parents’ Financial distress in local authorities 45 or carers’ views on Education, Health and Care plans. The development of improved locally available provision will …

Government response. The government highlights its existing efforts, including the SEND Green Paper and Improvement Plan, which aim to establish a single national system, implicitly addressing concerns about sufficiency and timing, and stating a further review is unnecessary.
Ministry of Housing, Communities and Local Government
21 Recommendation Third Report - Financial distress in lo… Accepted

Agree realistic steps and sufficient funding with local authorities to eliminate DSG deficits.

The Government should provide clarity to local authorities on its specific expectations for resolving existing DSG budget deficits, and agree with local authorities a set of realistic and achievable steps, supplemented by sufficient additional funding, for eliminating these existing budget deficits. This should be done by 31 March 2024.

Government response. The government states it is already working to provide clarity and support to local authorities through existing programmes like Safety Valve and Delivering Better Value in SEND. These programmes involve bespoke support, individualised local plans, and around £1 billion in …
Ministry of Housing, Communities and Local Government
22 Recommendation Third Report - Financial distress in lo… Rejected

Commission independent review of EHC Plans for fundamental reform and financially sustainable SEND provision.

The Department should commission a cross-government independent review of Education, Health and Care Plans and consider fundamental reform of this system, to put SEND provision on a financially sustainable footing for local authorities whilst ensuring that all children and young people with SEND have access to the services that they …

Government response. The government rejects the recommendation for a new independent review, stating that a comprehensive SEND Review has already been completed, leading to a Green Paper and an Improvement Plan, making a further review unnecessary.
Ministry of Housing, Communities and Local Government
23 Recommendation Third Report - Financial distress in lo… Accepted

Assess and publish benefits of statutory guidance for less costly shared home-to-school transportation

Additional funding for home-to-school transport is necessary in the short-term. Therefore, the Government should assess the benefits of introducing new statutory guidance aimed at encouraging the use of less costly forms of shared transportation. In response to this Report, the Government should set out the results of this assessment in …

Government response. The government states existing statutory guidance already empowers local authorities to make suitable travel arrangements and avoid expensive individual transport. It outlines the SEND and Alternative Provision Improvement Plan and investment in new provision that aims to reduce home-to-school travel …
Ministry of Housing, Communities and Local Government
24 Conclusion Third Report - Financial distress in lo… Accepted

Delay in increasing Local Housing Allowance rates exacerbated family housing crisis

We welcome the Government’s decision to increase Local Housing Allowance rates to the 30th percentile of local market rents from 1 April 2024. However, this is an urgent matter that required the Government’s immediate action. It is therefore disappointing that the Government did not implement this change with greater speed …

Government response. The government acknowledges the importance of stable housing, confirms the £1.2 billion investment to increase LHA rates to the 30th percentile from April 2024, and commits to annual reviews of LHA rates. It also highlights ongoing funding for Discretionary Housing …
Ministry of Housing, Communities and Local Government
25 Recommendation Third Report - Financial distress in lo… Acknowledged

Maintain Local Housing Allowance rates at 30th percentile of market rents annually

We recommend that the Government reconsider its position on re-freezing local housing allowance rates from 2025–26 onwards. Instead, the Government must maintain LHA rates at least at the 30th percentile of local market rents each year to ensure that those children and adults receiving benefits have sufficient access to rental …

Government response. The government acknowledges the importance of stable housing and commits to reviewing Local Housing Allowance rates every year, considering factors like local rents and the broader fiscal context. It highlights the £1.2 billion investment from April 2024 to increase LHA …
Ministry of Housing, Communities and Local Government
26 Conclusion Third Report - Financial distress in lo… Acknowledged

Prioritise fundamental reforms for local authority funding and service delivery systems

The Government elected in the next UK General Election is faced with the task of designing and implementing a series of fundamental reforms to the way in which local authorities are funded, the services that they are currently required to deliver, and the way in which these services are delivered. …

Government response. The government acknowledges the need to improve the local government finance system in the next Parliament and commits to significant consultation, but explicitly states it does not support land value taxation.
Ministry of Housing, Communities and Local Government
27 Recommendation Third Report - Financial distress in lo… Deferred

Review local authority funding and taxation, including land value taxes and fiscal devolution

The next Government must embark on a fundamental review of the system of local authority funding and local taxation, exploring all options for removing its current regressive elements and bringing it into the 21st Century. This should include consideration of land value taxes, and of wider fiscal devolution including the …

Government response. The government commits to improving the local government finance system in the next Parliament, requiring significant consultation, but explicitly rejects the consideration of land value taxation.
Ministry of Housing, Communities and Local Government
28 Recommendation Third Report - Financial distress in lo… Accepted

Explore and implement fundamental reforms for social care funding and delivery methods

The next Government must ensure that it explores all options for fundamental reform of funding and delivery of social care services and implements reforms that address the underlying causes of the acute funding and delivery pressures that local authorities are currently facing. The Government should also explore how the structure …

Government response. The government outlines its ongoing commitment to extensive system-wide social care reform, citing the People at the Heart of Care white paper, £700 million investment for adult social care, new CQC assessments, and £200 million for children's social care reforms …
Ministry of Housing, Communities and Local Government

Oral evidence sessions

4 sessions
Date Witnesses
6 Dec 2023 Joanna Key · Department for Levelling Up, Housing and Communities, Nico Heslop · Ministry of Housing, Communities and Local Government, Rt Hon Michael Gove · Department for Levelling Up, Housing and Communities View ↗
20 Nov 2023 Nico Heslop · Ministry of Housing, Communities and Local Government, Simon Hoare MP · Department for Levelling Up, Housing and Communities View ↗
13 Nov 2023 Abdool Kara · National Audit Office, Bob Watson · Surrey Heath Borough Council, Gary Fielding · North Yorkshire Council, Jonathan Carr-West · Local Government Information Unit, Lorna Baxter · Association of Local Authorities’ Treasurer Societies, Mr David Phillips · Institute for Fiscal Studies, Paul Dossett · Grant Thornton, Steve Thompson · Blackpool Council View ↗
8 Nov 2023 Councillor Barry Lewis · County Councils Network, Councillor Claire Holland · London Councils, Councillor Graham Chapman · SIGOMA, Councillor John Fuller OBE · Local Government Association, Councillor Sam Chapman-Allen · District Councils Network, Stephen Jones · Core Cities UK View ↗

Correspondence

6 letters
DateDirectionTitle
14 May 2024 To cttee Letter from the Chair to the Parliamentary Under Secretary of State for Local G…
14 Dec 2023 To cttee Letter from the Chair to the Secretary of State dated 13 December 2023 concerni…
5 Dec 2023 To cttee Letter from Councillor Susan Hinchcliffe relating to Financial Distress in Loca…
5 Dec 2023 To cttee Letter from CIPFA, relating to Financial Distress in Local Authorities, dated 3…
5 Dec 2023 To cttee Letter from the Chair to Chartered Institute of Public Finance and Accountancy …
28 Nov 2023 To cttee Letter from the Chair to the Secretary of State dated 27 November concerning Fi…