Local authority general power of competence: consultation analysis

Emerging themes

The webinars and round table events were helpful in providing an opportunity for stakeholders to discuss the limitations of the existing statutory framework, barriers to local authority aspirations, and perceived benefits of introducing a General Power of Competence. A number of webinar attendees and consultation respondents, including local authority representatives, advised caution in rushing to deliver an outcome without fully assessing the goals that local authorities wish to achieve and designing an effective solution around those goals that also aligns with wider public sector reform aspirations.

During the webinars, specific concerns were raised about rushing to put a solution in place that may not deliver either local authority aspirations or align with the broader policy context of public sector reform which is still in the early stages. One attendee suggested that it would be more effective for legislation to be designed around the ambitions of local authorities to ensure that it is utilised effectively and recommended that legislative reform should be a vehicle that supports reform across the public sector, aligned to the development of the public service reform agenda.

Importantly, one attendee also highlighted the risk of a General Power of Competence becoming a duty as opposed to a power and the potential for legal challenge if a local authority is deemed to fail in its duty to act.