7.2 The relationship between local and central government
4 min read•august 16, 2024
The relationship between local and central government in the UK is complex and ever-evolving. Local authorities operate within a framework set by Parliament, balancing autonomy with central control. Recent laws have expanded local powers, but financial dependence on central government remains a key constraint.
Central government wields significant control through funding, intervention powers, and regulatory oversight. However, has reshaped this dynamic, creating new governance tiers and empowering some local areas. Local authorities play a crucial role in implementing and adapting national policies to local contexts.
Central-Local Relations Framework
Constitutional and Legal Basis
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- UK local government lacks constitutional enshrinement established through Acts of Parliament instead
- Ultra vires principle restricts local authorities to act only within powers granted by Parliament
- 2000 introduced for local authorities
- Allows action in community interests unless explicitly prohibited by law
- 2011 expanded local government powers further
- Granted ability to do anything an individual can do, unless statutorily prohibited
- Complex legislative web governs central-local relations
- Includes Local Government Act 1972, Local Government Finance Act 1992, Cities and Local Government Devolution Act 2016
- ratified by UK in 1998
- Provides framework for protecting and strengthening local autonomy
- Not directly enforceable in UK courts
Power Distribution and Autonomy
- General power of competence expanded local authority autonomy
- Shifted from only explicitly permitted actions to all actions not explicitly prohibited
- Localism Act 2011 aimed to decentralize power from central to local government
- Introduced community rights (bid for assets, challenge service provision)
- European Charter principles advocate for local government consultation on central decisions affecting them
- Tension exists between localism agenda and centralized control mechanisms
- Financial dependencies and intervention powers limit true autonomy
Central Government Control
Financial Control Mechanisms
- Central government determines majority of local government funding
- Allocates grants forming significant portion of local authority budgets
- Retains power to cap increases limiting local revenue raising
- Financial dependency creates leverage for central government influence
- Can incentivize certain behaviors or policy priorities through targeted funding
- oversees local government financial management
- National Audit Office conducts value for money studies
- Local auditors appointed to review annual accounts
Direct Intervention and Oversight
- Power of intervention allows central control of failing local authorities
- Outlined in Local Government Act 1999 and subsequent legislation
- Enables takeover of specific services or entire council operations
- can order local inquiries into council conduct
- Appoint commissioners to run councils in extreme failure cases (Northamptonshire, Liverpool)
- issued by central departments directs local authority functions
- Provides framework for interpreting and implementing legislation
- monitor local government performance
- Ofsted for education and children's services
- Care Quality Commission for adult social care
Legislative and Regulatory Control
- to create statutory instruments affect local actions
- Can rapidly introduce new requirements or restrictions on councils
- regularly redefines local government responsibilities
- Recent examples include Care Act 2014, Homelessness Reduction Act 2017
- Central government sets national and targets
- Influences local priorities and resource allocation
- impose standards across various service areas
- Environmental standards, planning regulations, procurement rules
Devolution's Impact on Power
Asymmetrical Devolution Effects
- Devolution created complex multi-level governance system
- Significant powers transferred to Scotland, Wales, Northern Ireland
- Varying degrees of local authority autonomy across UK nations
- Scotland local government has statutory basis unlike England
- City deals and combined authorities introduced new sub-national governance tier
- Altered traditional central-local dynamic in England (Greater Manchester, West Midlands)
- Directly elected mayors for combined authorities emerged
- Enhanced local leadership visibility and central government negotiating power
- Some devolved powers centralized at nation level
- Potentially reduced local authority autonomy within devolved nations (Police Scotland)
Subsidiarity and Further Decentralization
- principle emphasized in devolution arrangements
- Decisions should be taken at lowest appropriate level of government
- Influenced discussions on power decentralization across UK
- Calls for "double devolution" to empower communities below local authority level
- Varied approaches to local empowerment in devolved nations
- Scotland's 2015
- Wales' 2015
- English devolution deals continue to evolve
- Ongoing negotiations for county deals and further mayoral combined authorities
Local Government's Policy Role
National Policy Implementation
- Local authorities serve as key delivery agents for numerous national policies
- Education, social care, housing, environmental services
- '' concept emphasizes local knowledge importance
- Tailored approaches for effective national objective implementation
- Local government interprets and applies national legislation to local contexts
- Often exercises significant discretion in policy implementation methods
- Partnership working crucial for successful policy implementation
- Collaboration with other public sector bodies, voluntary and private sectors
- Statutory duty to promote area's economic, social, environmental well-being
- Shapes approach to national policy objectives
Policy Adaptation and Feedback
- Local authorities tailor national policies to fit local circumstances
- Adapt housing policies to local market conditions and needs
- Customize economic development strategies to local industries and skills
- Tension between central targets and local priorities challenges implementation
- Requires negotiation and compromise between government levels
- Local government provides feedback to central government on policy impacts
- Highlights unintended consequences or implementation challenges
- Informs future policy development (homelessness strategies, air quality measures)
- Innovation at local level can influence national policy direction
- Local pilot schemes scaled up to national programs (social prescribing initiatives)
Key Terms to Review (34)
Asymmetrical Devolution: Asymmetrical devolution refers to the uneven distribution of powers among different regions or countries within a state, where some regions have greater autonomy than others. This concept is particularly significant in the UK, where Scotland, Wales, and Northern Ireland have been granted varying degrees of legislative power, leading to distinct political identities and governance structures. This uneven approach has implications for local and central government relationships, the dynamics between devolved governments and Westminster, and the ongoing constitutional reforms that have shaped governance since 1997.
Audit Regime: An audit regime refers to the systematic framework and processes used to evaluate the financial and operational performance of government entities, ensuring accountability and transparency in their activities. This framework is crucial for maintaining trust between local and central government by providing oversight and assurance that public resources are being used efficiently and effectively. The audit regime can highlight discrepancies, inform decision-making, and ultimately strengthen the relationship between different levels of government.
Community Empowerment Act: The Community Empowerment Act is a piece of legislation in the UK aimed at enhancing the power and influence of local communities in decision-making processes. This act encourages local governments to involve residents more directly in shaping the services and policies that affect their lives, promoting greater transparency, accountability, and public participation in local governance.
Cooperative Governance: Cooperative governance refers to a collaborative approach between central and local government bodies, where both levels work together to achieve common goals and deliver public services effectively. This relationship is characterized by shared responsibilities, resources, and decision-making processes, allowing for better alignment of policies and practices that address the needs of communities at various levels. It emphasizes the importance of partnership and dialogue to ensure that local interests are represented within the broader framework of national governance.
Council tax: Council tax is a local taxation system used in England, Wales, and Scotland to fund local authorities, primarily for services such as education, public safety, and waste management. It is levied on residential properties and is based on the estimated value of the property as of April 1, 1991, placing it in one of several valuation bands. This tax connects citizens to local democracy by requiring participation in local governance and funding essential services while also illustrating the financial relationship between local councils and central government.
County council: A county council is a type of local authority in the United Kingdom responsible for providing various services and facilities to the residents of a specific county. These councils play a crucial role in local governance, overseeing areas like education, transport, planning, and social services, while also acting as a bridge between local needs and central government policies. County councils operate within a framework set by central government but have the autonomy to address the unique needs of their communities.
Delegated Legislation: Delegated legislation refers to laws made by an individual or body other than Parliament, under powers granted to them by an Act of Parliament. This form of legislation allows for more detailed rules and regulations to be created, which can adapt to changing circumstances without the need for a new Act. It plays a critical role in the relationship between local and central government, as it enables local authorities to implement national policies while tailoring them to specific local needs.
Devolution: Devolution refers to the transfer of powers and responsibilities from a central government to local or regional governments. This process has reshaped governance in various parts of the UK, allowing for greater autonomy and self-governance, impacting political dynamics and public policy across the regions.
European Charter of Local Self-Government: The European Charter of Local Self-Government is a treaty designed to promote and protect the rights of local authorities across Europe, ensuring they have the autonomy to govern their own affairs. It establishes the principles of local self-government, including the right of local authorities to manage their own finances, administer local services, and participate in decision-making at the national level. This charter is crucial in defining the relationship between local and central government by emphasizing the importance of decentralization and local autonomy.
General Power of Competence: The general power of competence is a legal principle that grants local authorities the ability to take actions and make decisions in any area that is not explicitly restricted by law. This principle allows local governments to respond flexibly to community needs, fostering innovation and local solutions while ensuring they remain within the boundaries of national legislation. Essentially, it empowers local councils to operate autonomously in many aspects of governance.
Grant funding: Grant funding refers to the financial support provided by governments, foundations, or other organizations to help fund specific projects or initiatives. This type of funding is typically awarded through a competitive application process and does not require repayment, making it a vital resource for local governments and community organizations aiming to enhance citizen participation and improve local democracy.
Greater London Authority Act: The Greater London Authority Act is a significant piece of legislation enacted in 1999 that established the Greater London Authority (GLA), which includes the Mayor of London and the London Assembly. This act aimed to provide a more structured governance framework for Greater London, facilitating a clearer relationship between local and central government, and addressing the diverse needs of London's population and its challenges.
Home Rule: Home rule refers to the power or authority granted to local governments to govern themselves and manage their own affairs independently of central government control. This concept emphasizes the decentralization of power, allowing local jurisdictions to make decisions on issues like education, transportation, and local law enforcement, reflecting the specific needs and preferences of their communities.
Inspection Regimes: Inspection regimes refer to the systematic processes and frameworks used to monitor, evaluate, and ensure compliance with standards, regulations, and policies by various levels of government. These regimes often involve assessments by regulatory bodies or agencies to check that local governments are adhering to national policies, thus creating a bridge between local administration and central authority.
Intergovernmental Agreements: Intergovernmental agreements are formal arrangements made between two or more levels of government, typically central and local, to collaborate on specific issues or projects. These agreements can address various areas such as funding, service delivery, and policy implementation, allowing governments to work together effectively while respecting their respective jurisdictions and responsibilities.
Local democracy: Local democracy refers to the system of governance where local citizens participate in decision-making processes that affect their communities, typically through elected representatives and local councils. This form of democracy empowers individuals at the community level, allowing them to have a direct say in local governance, policy-making, and service delivery. Local democracy is essential for ensuring that governmental decisions are responsive to the unique needs of diverse communities and fostering civic engagement.
Local Government Act: The Local Government Act refers to a series of legislative measures enacted in the UK to establish, define, and regulate the framework and powers of local authorities. These acts are essential for outlining the responsibilities of local governments in service delivery, financial management, and local governance, helping to shape the relationship between local and central government as well as delineating the structure and functions of local authorities.
Local Taxation: Local taxation refers to the system by which local authorities collect taxes to fund public services and local projects within their jurisdictions. This includes various forms of taxes such as council tax, business rates, and local income tax, which are essential for financing schools, roads, public safety, and other community needs. Understanding local taxation is crucial for grasping the financial relationship between local governments and central government, as it illustrates how local areas generate revenue and the degree of autonomy they possess in managing their fiscal responsibilities.
Localism Act: The Localism Act is a piece of legislation passed in the UK in 2011 that aims to devolve power from central government to local authorities and communities. It encourages local decision-making by allowing councils to take on more responsibilities and engage citizens in the governance process. This act is significant as it fosters a sense of local empowerment and seeks to enhance the relationship between local and central government.
Ministerial Powers: Ministerial powers refer to the authorities and responsibilities delegated to government ministers to manage specific areas of public policy and administration. These powers allow ministers to make decisions, implement policies, and oversee public services, establishing a vital link between central government and local governance. Understanding ministerial powers is crucial as they often determine how effectively policies are executed at both local and national levels.
Municipal Corporations Act: The Municipal Corporations Act is a significant piece of legislation in the UK that established the framework for the creation and governance of municipal corporations, providing them with defined powers and responsibilities. This act marked a pivotal moment in local government history, allowing for more structured local governance and enhancing the relationship between local authorities and central government, as it aimed to create accountable and democratic local entities that serve their communities effectively.
New Localism: New localism refers to a governance approach that emphasizes the importance of local authority and community engagement in decision-making processes, shifting power from central government to local levels. This concept is rooted in the belief that local governments are better positioned to address the unique needs and challenges of their communities, fostering more responsive and accountable governance. It represents a move towards decentralization, encouraging local solutions for local problems.
Performance Indicators: Performance indicators are specific, measurable values that organizations use to evaluate the success and effectiveness of their operations and services. They provide a framework for assessing progress toward goals and objectives, helping to inform decision-making and resource allocation at both local and central government levels. By utilizing these indicators, governments can enhance accountability, transparency, and overall service delivery to their communities.
Primary Legislation: Primary legislation refers to laws that are enacted by a legislative body, typically Parliament, which have the highest legal authority in a jurisdiction. This type of legislation is crucial as it establishes the framework for governance, including the powers of local and devolved governments. It also sets out the principles and rules that guide policy-making and implementation, making it foundational for understanding how various levels of government interact and function.
Public Accountability: Public accountability refers to the obligation of government officials, agencies, and bodies to justify their actions and decisions to the public and to ensure transparency in their operations. It emphasizes the responsibility of these entities to report on their activities, use of resources, and the outcomes of their policies. This concept is crucial for maintaining trust in government institutions and ensuring that they serve the interests of citizens effectively.
Regulatory Frameworks: Regulatory frameworks are systems of rules, regulations, and guidelines that govern the conduct of various activities within a specific sector or area. They provide a structured approach to ensuring compliance with laws and standards, facilitating accountability and transparency in governance. In the context of local and central government relationships, these frameworks define how powers and responsibilities are allocated and enforced between different levels of government.
Scotland Act: The Scotland Act is a piece of legislation that established the framework for devolved government in Scotland, allowing it to have its own parliament and varying degrees of legislative power. It marks a significant shift in the relationship between central and local government by transferring certain powers from the UK Parliament to the Scottish Parliament, thus enhancing Scotland's ability to self-govern in various areas such as education, health, and justice.
Secretary of State: The Secretary of State is a high-ranking official in the government responsible for overseeing the administration's domestic and foreign policies, acting as the principal advisor to the government on these matters. This role encompasses a wide range of responsibilities, including managing relationships with local governments and ensuring effective communication between local and central government entities, thus playing a crucial part in the overall governance framework.
Service Delivery: Service delivery refers to the process by which public services are provided to the citizens, including the planning, execution, and evaluation of these services. It connects the local and central government as local authorities often implement policies set by the central government, ensuring that essential services like education, healthcare, and transportation are accessible to communities. Effective service delivery is crucial for meeting the needs of citizens and maintaining trust in governmental institutions.
Statutory Guidance: Statutory guidance refers to instructions issued by government departments to explain how specific legislation should be implemented and interpreted. This type of guidance helps local authorities and other bodies understand their duties and responsibilities under the law, ensuring that they comply with national standards while also allowing for local flexibility in delivery. It acts as a bridge between central government legislation and local implementation.
Statutory Powers: Statutory powers are legal authorities granted to government bodies, local authorities, or public officials through legislation. These powers enable entities to create policies, make decisions, and take actions within the framework established by laws. Understanding statutory powers is essential for analyzing how local governments operate in relation to central government, as these powers define the scope of their authority and responsibilities.
Subsidiarity: Subsidiarity is a principle in governance that holds that matters ought to be handled by the smallest, least centralized competent authority. It emphasizes that decisions should be made at the local level whenever possible, promoting local autonomy and encouraging community involvement in governance. This principle influences the relationship between different levels of government, affecting how power and responsibilities are distributed, particularly in contexts of devolution and the functioning of devolved governments.
Unitary Authority: A unitary authority is a type of local government that has complete control over all local services and functions within its area, without the need for a separate tier of local government. This structure allows for streamlined decision-making and efficient management of resources, as it consolidates various local responsibilities, such as education, transport, and housing, under one governing body. The unitary authority system is designed to simplify governance and enhance citizen engagement by providing a direct link between residents and their local representatives.
Well-being of Future Generations Act: The Well-being of Future Generations Act is a piece of legislation in Wales that aims to improve the social, economic, environmental, and cultural well-being of both current and future generations. It places a legal duty on public bodies to consider the long-term impacts of their decisions and work towards sustainable development, fostering a collaborative approach between local and central government for a better future.