Expert local authority solicitors for council contracts, governance issues, planning decisions and municipal law. Specialist guidance for local government.
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Local authorities operate within a complex legal framework involving statutory duties, governance requirements, and public accountability. Whether you're a council needing legal support or a business working with local government, specialist guidance ensures compliance and effective outcomes.
Key Legislation:
Governance Requirements:
Development Control:
Regeneration and Development:
Housing Services:
Social Care and Safeguarding:
Trading and Commercial Services:
Procurement and Contracts:
Financial Framework:
Accountability and Transparency:
Local Government Employment:
Service Transfers and TUPE:
Licensing and Regulation:
Enforcement Powers:
Common Legal Risks:
Risk Mitigation Strategies:
Local authority work requires specialist knowledge of municipal law, governance requirements, and the unique challenges facing local government.
This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.
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Find Your SolicitorCommon questions about local authority work and how our solicitors can help
Local authorities have statutory powers defined by legislation including general power of competence under Localism Act 2011, specific service delivery powers (housing, education, social care, planning), regulatory and enforcement powers, contracting and commercial powers, borrowing and investment powers, and partnership working abilities. Powers must be exercised lawfully and for proper purposes.
Local authority decisions follow constitutional procedures including cabinet/executive decisions for policy matters, committee decisions for regulatory functions, officer decisions under delegation schemes, full council decisions for major policy and budget, consultation requirements for significant decisions, and scrutiny and call-in procedures. Decision-making must be transparent, recorded, and comply with procedural requirements.
Local authorities have statutory duties to assess needs for adult social care, provide or arrange services to meet eligible needs, safeguard vulnerable adults and children, promote wellbeing and independence, provide information and advice, carry out mental capacity assessments, and manage direct payments and personal budgets. They must comply with Care Act 2014 and Children Act 1989 requirements.
Local authorities manage financial pressures through efficiency savings and service transformation, income generation and commercial activities, partnership working and shared services, priority-based budgeting and service reviews, consultation on service changes, reserves management and financial planning, and exploring alternative delivery models. Legal advice ensures changes comply with statutory duties.
Local authorities must follow public procurement regulations for contracts above EU thresholds, contract procedure rules in their constitutions, best value duties requiring competitive processes, transparency requirements for contract awards, social value obligations under Public Services Act, and state aid/subsidy control rules for commercial activities. They should also consider local procurement and SME access.
Local authorities must have complaint procedures including informal resolution attempts, formal complaint investigation, senior officer/member review stages, and Local Government and Social Care Ombudsman referral. They should respond within specified timeframes, provide clear explanations, offer appropriate remedies, and learn from complaints to improve services.
Local authorities must comply with Freedom of Information Act providing information access, Environmental Information Regulations for environmental data, transparency code publishing key data proactively, open meeting requirements for committees, and publication of decisions, expenditure, and contracts. They must balance transparency with data protection and commercial confidentiality.
Local authorities manage employment through collective bargaining and national terms, TUPE regulations for service transfers, equal pay and job evaluation obligations, disciplinary and grievance procedures, employment tribunal representation, redundancy and restructuring processes, and pension scheme administration. They must comply with public sector equality duties and employment legislation.
Local authorities have powers to determine planning applications, prepare local development plans, enforce planning breaches, negotiate planning obligations and CIL, designate conservation areas and TPOs, and handle planning appeals and enforcement. They must consider national policy, local plan policies, material considerations, and statutory consultation requirements in decision-making.
Local authorities can establish trading companies using general power of competence, through wholly-owned subsidiaries or joint ventures, with proper business cases and governance arrangements, compliance with state aid rules, appropriate capitalization and lending, and effective oversight and monitoring. Legal structures must ensure compliance with local authority and company law requirements.
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