By Rhion H Jones

Introduction

This long-awaited White Paper1 – Communities in control was published on July 9th 2008, and coincides with a number of other Government publications relevant to public engagement.

This document is an attempt to brief Institute members on those aspects that are likely to be of most interest, and highlights issues which may need attention in public bodies or associated organisations.

The White Paper itself breaks new ground in a number of ways. In presentation terms, there is an attempt to eschew the traditional style and offer a more accessible format – complete with quotations from Aristotle, Mahatma Gandhi, the Hitchhiker’s Guide to the Galaxy …and the Chief Executive of Tesco.

It is also written from the perspective of the Citizen. The chapter headings include:-

How can I be an active citizen and volunteer? How can I find out information…?
How can I have my say and influence the decisions being made on my behalf…? How do I hold to account the people who exercise power in my locality?
How do I get swift and fair redress when things go wrong? How do I stand for office…?

In this paper, we analyse the key messages of the White Paper in a more conventional way – by looking at the implications for those who manage consultation or engagement activities. This is not an exhaustive analysis, and we have placed our emphasis on those aspects that will be of greatest relevance to Institute members.

Section One summarises proposed changes in legislation and the new duties and responsibilities that are envisaged

Section Two highlights four new programmes
Section Three shows significant enhancements to existing Government programmes
Section Four outlines where the Government proposes a review or clarificationof existing powers or programmes
Section Five provides information on new ideas that are to be piloted or subject to further discussion, consultation or research
Section Six mentions other topics covered in the White Paper

In all, the White Paper identifies 39 commitments and the CLG department promises to issue an Implementation programme this autumn so that progress can be monitored.

1 http://www.communities.gov.uk/publications/communities/communitiesincontrol

Section One: New duties and responsibilities

• A new statutory duty to promote democracy Paragraphs 1.45 etc, page 24 of the WP

This was the key recommendation of the Councillors Commission, and although initially opposed by the LGA, there now seems to be agreement with the Government that the duty will not be too prescriptive, and build on existing best practice.

• Extending the LGPIH “duty to involve” beyond local authorities Paragraphs 1.49 etc, page 28 of the WP

The S. 138 duty to “inform, consult and involve” comes into effect in April 2009 and the White Paper proposes its extension to cover the Police Authorities, the Arts Council, English Heritage, Probation Trusts, Natural England, Regional Development Agencies, Sport England and other bodies. Many of these already consult extensively, but not on a consistent basis. The White Paper says this move represents “a major increase in citizen power”

• A new statutory duty to respond to petitions Paragraphs 4.9 etc, page 65 of the WP

Proposals to strengthen the role of petitions first appeared in the Governance of Britain Green Paper, and is covered in the recent Ministry of Justice Discussion Paper “A National Framework for Greater Citizen Engagement” A CLG consultation explored detailed options, but this revealed a number of practical problems. The new duty will be placed on Councils and will include

electronic as well as traditional petitions, but only where they relate to local authority functions or other public services where the council shares delivery responsibilities

• Incentives to vote at local elections Paragraphs 4.23 etc, page 70 of the WP

A new power to allow local Councils to provide incentives to encourage turnout at elections. Examples quoted in the Paper include entering voters into a prize draw, and can be viewed as an “eye-catching method to increase awareness”

• Summoning senior officers to attend a public hearing (subject to consultation) Paragraphs 5.6 etc, page 91 of the WP

If enough people served by a local service or agency sign a local petition, they may be required to attend a “public meeting” chaired by the local mayor or Council leader – with an open agenda and covered by the media. Although the Paper mentions “safeguards …to ensure that they system is not open to abuse…” expect a lively debate over this proposal ……

• Fewer hurdles before Councils can vote on a directly-elected mayor Paragraphs 5.17 etc, page 94 of the WP

Permitting online as well as traditional petitions, reducing the referendum trigger from 5% and the bar to a further referendum from 10 years to 4 years

Section Two: New programmes

• Empowering the Front Line Paragraph 1.54, page 29 of the WP

A new Taskforce representing local government, public services, staff groups, trades unions, third sector organisations and service users, will look at the role of front-line service deliverers in empowering the public. A promising thought… but we will have to wait till 2010 for its work

• £7.5m Empowerment Fund Paragraph 1.55, page 73 of the WP

Alongside the White Paper, CLG issued a consultation2 on this Fund which is intended for national third sector organisations to help stimulate more community-based activities. It has published eight themes including: – community leadership, community and social media, improved communications between councillors and citizens and social enterprises. It proposes two levels of funding – £600k over 3 years to larger national organisations and £250k for smaller ones. Note that £1.5m is earmarked for organisations able to help empowering communities re planning.

• An asset transfer unit within CLG Paragraphs 8.3 etc, page 118 of the WP

A new unit to accelerate progress of the Quirk Review and stimulate more transfers of ownership or management (or both) of assets such as community centres, street markets, swimming pools, playgrounds etc to new co-operatives, mutuals and social enterprises.

• A Social Enterprise Unit within CLG Paragraph 6.17, page 101 of the WP

Will champion the role of social enterprise models in such areas as Housing re-generation. There is also a commitment to ensure that social enterprises can compete fairly for contracts

2 See  www.communities.gov.uk/documents/communities/pdf/887344.pdf

Section Three: Enhancement to Government programmes

• Implementing Participatory budgeting Paragraphs 4.16 etc, page 67 of the WP

The “National Strategy” for PB was the subject of a recent consultation3 and proposes that every local authority in England use some form of PB by 2012. The White Paper mentions discrete funding from the DCSF – the Youth Opportunity Fund and the Youth Capital Fund – for young people to control. It also says that the Home Office “will support” pilots on PB for local community safety budgets, and makes a somewhat less specific comment about working with the Department of Health.

• Regional Improvement & Efficiency Programmes Paragraphs 4.37 etc, page 73 of the WP

There is a £115m capital fund for efficiency and transformation of local services, run partly through the LGA and Regional Improvement and Efficiency Partnerships. To the layman this will win the prize for the most obscure part of the White Paper but we think the Government’s intention is to involve citizens better in service improvement and “transformation”. Shouldn’t they have been doing that anyway?

• Support for community participation in planning Paragraphs 4.48 etc, page 78 of the WP

Highlights changes to planning – including more visibility of Section 106 agreements and the new Community Infrastructure Levy. More money however, is announced to help Councils with community planning – up to £6.5m including increased support for Planning Aid.

• More “choice-based lettings” Paragraphs 4.61 etc, page 81 of the WP

An extra £2m for the Government’s scheme to offer an alternative to traditional waiting-list based housing allocations.

• A national framework to support Community Land Trusts Paragraphs 8.10 etc, page 122of the WP

14 current pilots (for independent organisations which own land for the benefit of local communities) are to be supported by a national framework which will include “principles around democratic participation”

3 See  http://www.communities.gov.uk/documents/communities/pdf/727993.pdf

Section Four: Reviews or clarification of existing powers or programmes

• The Councillor Call for Action Paragraphs 4.15 etc, page 67 of the WP

This problematic new power was introduced in the LGPIH Act 20074 , but is yet to be implemented. A recent consultation considered aspects of this, and the White Paper commits the Government to work with the LGA to produce Guidance later this year.

• Review of the Local Government Ombudsman’s jurisdiction Paragraphs 6.8 etc, page 98 of the WP

The White Paper places emphasis on the difficulty people experience in obtaining redress when things go wrong, and says there is confusion about the role that should be played by the Local Government Ombudsman; hence the review!

• Review into redress Paragraph 6.17 etc, page 101 of the WP

Will examine current practice for redress for citizens across the Board, compare with other countries and look at the feasibility of extending the idea. Scheduled for early 2009

• Changes to the Local Government Publicity Code Paragraph 7.137 etc, page 109 of the WP

This stems from the Councillors Commission5 – and reflects widespread unease that the current Code of Recommended Practice on Local Government Publicity is too restrictive and prevents the public from hearing about positive work undertaken by Councillors. A consultation on the subject is imminent and new Guidance promised in the Autumn.

• Removing barriers to becoming a Councillor Paragraph 7.9 etc, page 106 of the WP

A raft of measures – again arising from the Councillors Commission including a relaxation of the “Widdecombe rules” on politically restricted posts, a special Taskforce on Black, Asian and Minority Ethnic Women Councillors, remote involvement and voting at meetings, extended time off work provisions, and a review of accredited qualifications for Councillors.

4 The Local Government and Public Involvement in Health Act 2007

5 The Government Response to the Councillors Commission was published on July 9th 2008. See

http://www.communities.gov.uk/documents/communities/pdf/30.pdf

Section Five: New ideas to be tried or piloted

• A Take Part local pathfinder programme Paragraph 2.22, page 39 of the WP

Information and training on how to be an active citizen and built on the existing Take Part network. No financial commitment stated.

• A new Places database Paragraphs 3.28 etc, page 57 of the WP

The White Paper illustrates performance data made available to citizens in health, education and on crime, but wants to go further. This commitment is to find ways to open up further elements of the Places database – and announces the launch of a new public-facing service in the Autumn. Related commitments include a Digital Equality Action Plan and work with the LGA and the IDeA to pilot innovative approaches to sharing information with citizens6 , community groups, including licensing third parties to re-publish local information. Again there is no financial commitment, and expect opposition from civil liberties groups and trades unions if sensitive information is included.

• Empowering young people Paragraph 4.65 etc, page 84 of the WP

New and enhanced programmes including giving Young Advisors (38 schemes so far per 2005 programme) direct access to the Secretary of State for CLG, a national Young Muslims Advisory Group, a programme for young people to “shadow” Government Ministers, elected mayors and other prominent public figures, and more internships alongside DCSF’s £6m National Institute for Youth Leadership.

• An expanded role for Local Involvement Networks (LINks) Paragraph 5.13 page 92 of the WP

A simple statement says “We will be inviting LINks to come forward if they would like to pilot expanding their remit beyond health and social care issues” Early days for LINks (many are yet to be established) but huge implications if this was to become a trend.

• Community pledgebank Paragraph 6.13, page 100 of the WP

“We will pledge such-and-such if ………” See www.pledgebank.com for more. CLG would like to run pilots in 2009 and is looking for volunteers!

 

6 We think there is an emerging and significant issue here. A Leeds Metropolitan University study for CLG entitled Reporting

Section Six: …and so much else

The Implementation Annex lists 39 (yes thirty-nine) pieces of work arising from this White Paper, and we have largely followed this in preparing this Briefing.

Closer examination however reveals dozens of other initiatives or references to other activities or announcements across Government – reflecting the cross-cutting nature of so many of these issues.

Without being exhaustive, here are some “nuggets” which may be of interest to Institute members

• Panels to be consulted re proposals under the Sustainable Communities Act 2007

New Statutory Guidance7 issued alongside the White Paper expand on the requirement (Per Section 4a) that Councils establish or recognise a panel of representatives of local persons and consult it about proposals; The Guidance has specific advice on fulfilling the Act’s requirement that under-represented groups are given a say in this process (See paragraph 4.41)

• Comprehensive Area Assessments criterion

The White Paper repeats that the Audit Commission will be testing “the level and quality” of public engagement and empowerment” as part of the CAA process8. There is also a requirement to see how well vulnerable and marginalised groups have been involved. The Institute believes that it is critical that Chief Executives and Chief Officers appreciate this!

Other issues include:-

• More “mentoring and befriending”  (See paragraph 2.19)
• Removal of barriers to commissioning services from faith-based groups (See paragraph 2.33)
• A Global social forum – Chain Reaction  (See paragraph 2.40)
• A “Policing Pledge” as a means to hold local Neighbourhood Policing teams to account (See paragraph 3.23)
• A “Digital Mentor” Scheme  (See paragraph 3.35)
• More accessible rules for “parish polls”  (See paragraph 4.29)
• A “National Tenant Voice”  (See paragraph 4.59)
• A Toolkit on empowering people in decisions about housing growth (See paragraph 4.62)
• Department of Work & Pensions (DWP) review of older people’s engagement with Government (See paragraph 4.64)
• A Youth Citizenship Commission  (See paragraph 4.66)
• Increased visibility for overview and scrutiny functions (See paragraph 5.2)

7 See  http://www.communities.gov.uk/documents/localgovernment/pdf/885397.pdf

8 For the responses to the Audit Commission’s recent consultation on the CAA proposals see http://www.audit-

commission.gov.uk/caa/downloads/CAAconsultationfeedback.pdf

Conclusions

Ministers and senior officers who have worked for months on this White paper are adamant that the “narrative” is more important than any of the proposals. What we think they mean by this is that the “direction of travel” towards a more participative democracy at a local level is an unstoppable journey, caused by worldwide trends in citizen empowerment, and unlikely to be reversed by any change of Government.

Sceptics may assert that it if such forces influence local democracy, they also impact national politics, and this is why, we surmise, the Ministry of Justice has simultaneously published an important Discussion document entitled A national framework for greater citizen engagement(9) This canvasses views on such engagement methods as deliberative forums, citizens summits, citizen juries and petitions for the Westminster Parliament.

If the proposition therefore is that the whole is somewhat more significant than the sum of its parts, then we believe that the Department of Communities & Local Government faces a major challenge in getting this wider “narrative” better understood – particularly by the Country’s elected members and the thousands who sit on unelected Boards, quangos and other public and private sector service providers.

But the detail also matters. This Briefing Paper illustrates the huge complexity of many of the proposals, some of which seem designed by bureaucrats for bureaucrats, and can only be expected to have a minimal impact. For this reason,

The Consultation Institute will run a series of Briefing Sessions in the Autumn so that its members and others can become thoroughly familiar with proposals which are

likely to be relevant – and obtain the necessary insight to start preparations for their implementation.

 

See  http://www.justice.gov.uk/docs/citizen_engagement.pdf

This is the 14^th Briefing Paper; a full list of subjects covered is available for Institute members and is a valuable resource covering so many aspects of consultation and engagement