mark hynes presentation - lgiu general power of competence seminar

The Co-operative Council

Mark HynesDirector of Governance and Democracy

The big questions

– How can we improve public services?– What should the state be doing?– How do we deal with significant budget cuts?– How does the power of general competence

assist?

Here’s one I prepared earlier

Citizen’s Commission evidence gatheringdeliberative

Citizen’s Engagement programmequalitativequantitativecommunity driven

The Big Society

The Big Society

The Cooperative Council

The Cooperative Council

– Mutuals– Shared services– Federated services– Joint ventures with 3rd Sector– Social enterprise– Cooperation in its widest sense

The Cooperative Council

The Cooperative Council

What does the cooperative council aim to do?

• Turn citizens from passive recipients into active shapers of services

• Deliver more effective, more responsive services by giving users more control

• Strengthen civil society so it’s better able to deal with challenges

• Do things ‘with’ our communities rather than ‘to’ our communities

What are the key principles we are adopting?

• Partnership with the community• Co-production and building on what exists• Reciprocity: incentives for participating• Local employment and skills development• Maximum accessibility and equalities

• Fairness, accountability, responsibility

So what’s the connection with mutuals?

Cooperative commission didn’t recommend one type of delivery mechanism…..

….. And our vision is evolving

…..Council as a facilitative support platform

So what is it going to look like?

It is already underway……

• Personalised care budgets • School governing bodies • Community Freshview• Green community champions• Tenant Management organisations• Parent promoted school• Neighbourhood watch

What are we doing now?

• Early adopters• Locking things

together . . . Where possible

• Barriers and levers• Leadership• Reaching out for help

How are we getting on?

• On our way, but its hard• OD and cultural change programme being

co-produced• Recognition that some of this takes

time….which we haven’t got• Capitalising on the energy; acknowledging

the blockages

How are we getting on?

• Shared purpose e.g. altruistic community purpose

• Ownership in common with the community• Control – one member one vote• Stakeholders – staff, service users• Governance

How are we getting on?

Our early lessons

Where to from here?

• 2014 “deadline”• More like a 15 – 20

year cultural shift• Watching the

changes in context – anticipating the impact

The General Power of Competence –why is it needed?

Vires

• S2 LGA 2000 – well being• S111 LGA 1972 – facilitate, conducive,

incidental• LG (Contracts) Act 1996 – power to

contract for services

Limits placed on well-beingpowers by the courts

LAML

The well-being powerwas rarely used.

Eric Pickles

Localism, localism, localism

Promote the radical devolution of power awayfrom Westminster to Councils and Citizens

The General Power of Competence –why is it needed?

“The power may be used in innovative ways, that is, in doing things that are unlike anything that a local authority – or any other public body –has done before, or may currently do”

Limitations

• Subject to usual public law constraints:• Rationality• Relevant considerations• Procedural fairness• Disregard of irrelevant considerations

Limitations

• Power to charge is distinct from the power to act for a commercial purpose.

• Commercial trading must be undertaken through a trading company, i.e. where the local authority uses the general power for a commercial purpose, then this must be done through a company.

Limitations

Limitations that apply to existing powers that areoverlapped by the general power are applied tothe general power.

Restrictions in post commencement legislationwill only apply to the general power where theyare expressed to do so.

Limitations

• Can not be used to alter local authority constitutional arrangements.• Does not change position on charging for

discretionary services i.e. up to full cost recovery.

• Still no power to charge for the performance of a duty.

Questions