Blog: 2 December 2022 - Helen McGrath, Head of Public Affairs

Undervaluing legal services and the exclusion of the Monitoring Officer is a theme which entwines itself within governance failings witnessed in high profile interventions over the last few years. Despite LLG’s work to stress the importance of the Golden Triangle and the role of the MO within it, failings continue to be seen within governance arrangements due to complex, notably cultural behaviours, embedded within the authorities concerned.  

Last week, the Centre for Governance and Scrutiny published a report into governance and decision making at Southampton City Council. It predominately considered the period under the previous administration (although did go back further in time). It found that the monitoring officer was not regularly present at Executive Management Team meetings, and that whilst this now happens, “this undervaluing of legal expertise is taking time to be addressed”.

Further that due to the culture “officer reports were written defensively and….. risks, or negative consequences, of taking certain decisions in certain ways were downplayed….Officers were clearly been placed under pressure…..This substantively altered the nature of the advice that they were prepared to give, certainly publicly and possibly in private as well”. It also pointed out that where legal advice was sought, it was sought “last minute when they should be involved throughout the decision-making process”. 

It's important to note that Southampton’s new administration commissioned the CfGS to undertake this work to improve their governance structures and no fundamental or systemic flaws were found. LLG however remain committed to the position that where a Monitoring Officer is first tier within the organisational structure of an authority, good ethical governance and decision making automatically follows.  

In other news, I attended a focus group this week hosted by the LGA examining how councils and other agencies can support councillors with issues of abuse and intimidation by the public. This is part of the LGA’s ‘Debate not Hate’ call for change having identified that 7 in 10 councillors reported abuse or intimidation in the last year (according to their 2022 councillor census). The focus group examined examples of barriers and solutions and the LGA are requesting authorities share a short summary outlining what they offer councillors to help them manage risks associated with their role, prevention approaches, incident management and aftercare. Policies, examples and case studies should be sent to Jessica.norman@local.gov.uk. 

Best wishes

Helen McGrath

Head of Public Affairs