Ellie Ames 10 November 2023

Councils at ‘significant legal risk’ over issues facing monitoring officers

Councils at ‘significant legal risk’ over issues facing monitoring officers image
Image: jimmonkphotography / Shutterstock.com

A report has called for the creation of a professional body for monitoring officers and a review of council structures to ensure their position within the ‘top tier of governance’.

Although they are required to ensure councils act within the law, monitoring officers ‘lack influence at the top table’, putting local authorities at ‘significant legal risk’, according to a report by the Local Government Information Unit (LGIU), Lawyers in Local Government (LLG) and law firm Browne Jacobson.

Interviews with monitoring officers across England found they are left ‘undermined’ by ‘a lack of effective statutory protection, the absence of meaningful sanctions, tensions with commercial objectives and a lack of seat at the top table’.

Chief among the financial and legal risks reported by monitoring officers was the operation of council companies.

The report also found that without a ‘robust standards and sanctions regime’, monitoring officers often find themselves exposed to intimidation or other unprofessional behaviour ‘if they take a stand on enforcing legal norms’ within councils.

LGIU chief executive Jonathan Carr-West said: ‘Many councils in England are teetering on the edge of catastrophe, forced by their financial circumstances to take on greater and greater risks to make up for the shortfall in their funding.

‘Monitoring officers, together with section 151 officers and chief executives, are part of the golden triangle crucial for protecting councils and the essential public services they deliver, and their role has never been more important.’

LLG president Rachel McKoy said: ‘We need the Government to take note, and create the legislative provision required; but we also need the sector to take note, to embrace the cultural change required.

‘In a time of great instability in local government, we need to give the role of monitoring officer the respect it truly deserves.’

Black hole spending review image

Black hole spending review

Jonathan Werran, chief executive of Localis, reflects on what the Spending Review means for local government.
SIGN UP
For your free daily news bulletin
Highways jobs

Community Transport Co-Ordinator - Braintree District Council

Essex County Council
£13.5700 - £14.9500 per hour
Community Transport Co-ordinator - Braintree District Council Temporary, Full Time£13.57 - £14.95 per HourBraintree, EssexClosing Date
Recuriter: Essex County Council

Procurement Manager

Essex County Council
£46388.0000 - £54573.0000 per annum
Procurement ManagerPermanent, Full Time£46,388 to £54,573 per annumLocation
Recuriter: Essex County Council

Youth Officer (CDC)

City Of Doncaster Council
Grade 7, £27,259 - £29,955 (Pay award pending)
The City of Doncaster Council is a confident, ambitious organisation Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

Social Worker - Assessment & Intervention Mid Essex

Essex County Council
£37185.0000 - £50081.0000 per annum
Social Worker - Assessment & Intervention Mid EssexPermanent, Full Time£37,185 to £50,081 per annum Location
Recuriter: Essex County Council

Director – Housing Services

Redbridge London Borough Council
£Competitive
Are you ready to lead transformative housing services in one of London’s most ambitious and diverse boroughs? Redbridge, London (Greater)
Recuriter: Redbridge London Borough Council
Linkedin Banner