Oral Answers to Questions
Jim McMahon Excerpts(3 months ago)
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Alison Bennett (Mid Sussex) (LD)
The Minister for Local Government and English Devolution (Jim McMahon)
Councils across the country, of all political stripes, work hard to deliver vital public services in our country. We know that 14 years of mounting pressure is biting hard. We are committed to moving towards a multi-year funding settlement, ending wasteful bidding competitions that essentially set one council against another. Last week, I met political group leaders at the Local Government Association conference to understand what specific demand pressures they are facing, and we are committed to working together on those big issues. Members will know that we cannot pre-empt the Budget statement due later in the week, but we are of course fully engaged in that process. We stand ready to speak to any council experiencing financial difficulties, as I confirmed in my letter to MPs just over a week ago.
Mr Forster
As the Minister knows—I have met him to discuss this subject—my local authority, Woking borough council, effectively went bankrupt last year. It has had to cut services that many consider essential, and it will have to consider cutting others. Does the Minister agree that it is time for Government and Parliament to review which services are classed as statutory and non-statutory?
Jim McMahon
I thank the hon. Member for meeting me at one of our regular drop-in sessions. His concern is reflected across the country. Local communities recognise that their council is being forced to choose vital neighbourhood services against targets for adult social care, children’s services and homelessness services. In the end, we need to rebuild the foundation from scratch, and that is exactly what we are committed to doing.
James MacCleary
My constituency is largely rural and, as in many rural constituencies, parish councils play an important role in local government service delivery. Does the Minister agree about the importance of parish councils to rural communities, and what role does he see for parish councils as part of the Government’s devolution agenda?
Jim McMahon
We will of course publish a White Paper on the English devolution Bill. It will set out an ambitious programme for a power shift from this place and Whitehall to combined authorities, to local government and, of course, to communities. We are absolutely committed to that top-to-bottom power shift. We recognise that parish and town councils have a role to play.
Bell Ribeiro-Addy
Rising demand, rising costs and 14 years of Conservative public sector cuts mean that many local authorities and services are at breaking point. My own borough of Lambeth, a deprived inner-London area with higher demand for social housing and temporary accommodation, and for social, public and youth services, has been particularly affected, which has been quite challenging. Will the Minister commit to an emergency increase in funding to combat the immediate crisis for local authorities, and, in the long term, to a much-needed update of the funding formula to better reflect local need?
Jim McMahon
Like every Member of the House, my hon. Friend will know that those 14 years have taken their toll, and that it will take more than three months to repair that, but we are absolutely committed to repairing the foundations, and our multi-year financial settlements will give security. Of course, we recognise that the demand-led pressures in many places are the back-end of a bigger problem. Temporary accommodation relates to the housing crisis that needs fixing. The same applies to children’s services and adult social care.
Alison Bennett
The financial future of West Sussex county council is bleak: it faces a cumulative budget gap of over £200 million for 2029-30. At present, 64% of the council’s budget is being spent on adult and children’s social services, and that is set to rise. How will the Minister ensure that West Sussex county council and others do not have to close libraries, cut bus routes or reduce road repairs in order to meet the growing demand for the most vulnerable members of our community?
Jim McMahon
We always say that local government is paid for one way or the other: either we pay at the front-end through fair funding being fairly distributed across the country, or we pay at the back-end because eventually the system falls over and we must repair the damage. If we take ourselves back to the coalition years, when austerity first came in, the cruelty was that we did not reform public services, repairing them from the ground up, to get ahead of those system changes. That was a wasted opportunity.
Mr Jonathan Brash (Hartlepool) (Lab)
This year, Hartlepool borough council is set to overspend on children’s social care by some £5 million, due in no small part to the outrageous charges levied by private sector children’s homes. What can the Minister do to cap those providers’ charges to ensure that local government can continue to deliver its statutory obligations?
Jim McMahon
I recognise that, in large part, children’s services are the funding pressures that are driving council budgets. We cannot forget, though, that behind every one of those numbers is a child who often is not getting the outcomes they need. Far too often what we are seeing in the system is that high costs are not just sending councils to the point of bankruptcy, but delivering worse outcomes for young people. We want to see far more resilience built back into the system, and there are examples today of councils that are building that public sector provision back into the marketplace.
Sam Rushworth (Bishop Auckland) (Lab)
The previous Government cut County Durham’s budget by 60%, and we have all seen the Royal Tunbridge Wells video in which the Leader of the Opposition boasted about that act. That is having a real impact on my constituents and the ability of Durham county council to deliver vital services, so will the Minister consider a discussion with Cabinet colleagues about revising those funding formulas to take account of social care costs and deprivation?
Jim McMahon
We did see the former Prime Minister taking great credit for essentially shifting money from primarily urban and deprived communities into rural shires in an overtly political way. I want to ensure that in the funding review we are carrying out, whether that is the initial rescue operation that will take place this year or the recovery operation through the multi-year settlement, we do not pit one council against another, but take an approach that genuinely understands the needs, cost demands and cost pressures faced by local authorities. In the end, though, we have to accept that there is no fair funding at all if funding does not reflect the deprivation in an area.
Mrs Kemi Badenoch (North West Essex) (Con)
At the last oral questions, the Secretary of State assured me that she had no plans to increase council tax for anyone. However, when pressed by my right hon. Friend the Member for Beverley and Holderness (Graham Stuart), she would not give the same guarantee that the single occupant discount would be retained. Will Ministers take the opportunity to do so now?
Jim McMahon
I can see the shadow Secretary of State making that point repeatedly, because at this stage we are all waiting for the statement and the Budget that will contain that information, but I can say that the right decisions will be made in the interests of working people. We recognise the cost of living crisis that is being faced across the country. I am sure that she, like all Members of the House, is waiting with interest for Wednesday.
Mrs Badenoch
Local authorities employ 2 million people and commission services such as adult social care. The impact assessment for the Secretary of State’s Employment Rights Bill says that the Bill will increase costs. Those costs are likely to be passed on to councils, so has the Secretary of State assessed the impact of the Employment Rights Bill and an increase in employers’ national insurance specifically on local authorities? If costs do increase, will local councils be compensated?
Jim McMahon
Any decisions related to the Budget will be taken at the appropriate time, as will any decisions on the local government finance settlement. What I can say, though, is that this is a new partnership from this Government: we are not locking local government out, but standing shoulder to shoulder with it. Only last week at the Local Government Association conference in Harrogate, the Secretary of State launched the leaders’ council, a forum where central and local government will reset that relationship.
Vikki Slade (Mid Dorset and North Poole) (LD)
Rough sleeping is the most visible end of the homelessness crisis, but it is also brutal—the average age of death for rough sleepers in London is just 44. The rough sleeping initiative is literally saving lives—in Bournemouth, Christchurch and Poole, 102 people are kept alive every year through that programme—but it is due to end in March 2025. Removing it has been described by local teams as nothing short of catastrophic, so what assessment has taken place of the impact of that initiative, and what assurance can the Secretary of State give local authorities about the maintenance of the scheme so that they can plan for the long term?
Jim McMahon
Again, I ask hon. Members to wait for the spending review on Wednesday, and for the provisional settlement in December. We are under no illusion about the pressures faced by councils on homelessness. In the end, we need to repair the system, which is about providing safe, secure and affordable housing for people to live in. We will do that, but we also recognise that there is a problem today. Further detail on that will follow.
Neil O’Brien (Harborough, Oadby and Wigston) (Con)
Martin Vickers (Brigg and Immingham) (Con)
The Minister for Local Government and English Devolution (Jim McMahon)
This Government are acutely aware of the impact of the cost of living crisis on working people, and that is firmly in our sights as we approach the spending review this week, but we will have to repair a fair amount of the system, not just the finances. The early warning audit has been left shattered following 14 years of mismanagement, and single-year settlements have left councils not knowing from one year to the next how much money they have to spend, so we will have to introduce multi-year settlements. There is a great deal of work to do, and we cannot repair 14 years of damage in three months, but we are well on the way to it.
Mr Clive Betts (Sheffield South East) (Lab)
Let me first draw attention to my declared interest as a trustee of Fields in Trust.
In the last Parliament, the Housing, Communities and Local Government Committee received a large amount of evidence concerning the importance of well-designed open spaces for children and young people, but the national planning policy framework mentions them once and mentions bats twice. Is it not about time we got our priorities right, and did more to improve the design of—
Florence Eshalomi (Vauxhall and Camberwell Green) (Lab/Co-op)
The Secretary of State will know the financial difficulties facing so many of our local authorities. A recent Local Government Association report shows that one in four local authorities will apply for additional funding. It is fair to say that, for a number of them, March will be too late. What discussions have been had with the Chancellor to ensure that our local authorities get emergency support?
Jim McMahon
May I welcome the Chair of the Select Committee to her place? She will do an outstanding job for local government and housing.
The Government absolutely understand how difficult it is for local authorities to make ends meet. We understand that the pressures in adult social care, children’s social services and temporary accommodation are biting hard, and we are working through those issues with the sector.
Local Government Interventions: Birmingham and Slough
Jim McMahon Excerpts(3 months, 1 week ago)
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The Minister for Local Government and English Devolution (Jim McMahon)
All hon. Members will recognise the importance of having well-functioning local councils which provide essential statutory services local residents rely upon. Local councils must be fit, legal and decent. Today, I would like to update the House on the statutory intervention in Birmingham, which was a year old as of 5 October, and my plans to reset the relationship between central and local government with a focus on reform and recovery. I will also update the House on the statutory intervention in Slough, which has been in place since December 2021.
Birmingham city council remains in a challenging place. Significant challenges continue to face the council, as outlined in the commissioners’ first progress report which I am publishing today. Steps towards financial stability have been taken, including setting the 2024-25 budget, and I am grateful for the significant oversight and direction from commissioners, who have been fundamental to this progress. The council is committed to leading its own recovery. I want to recognise the progress made by the council to date under the leadership of Councillor Cotton and his commitment to resolving the challenges facing the city. While there remains much more that needs to be done, I am keen that the intervention moves as quickly as possible to a model based around a more equal partnership with the council, working in the interests of the people of Birmingham.
Birmingham city council is committed to achieving financial stability, including finding a resolution to its significant equal pay liabilities once and for all, delivering the necessary savings to bridge the projected budget gap for 2024-25 and 2025-26 to move to a more stable financial footing and transforming local services, many of which still require significant improvement. I know that difficult decisions will need to be taken in the coming weeks and months. I am confident that Joanne Roney CBE, who has recently taken up her post as managing director at the council, will work with both officers and members to improve the culture and governance of the organisation and shift the focus to growth opportunities in the city.
I am exploring options to reset and reform the system to provide a more supportive approach to stewardship for local councils, establishing partnerships across local government built on mutual respect, genuine collaboration and meaningful engagement. In any system with adequate checks and balances there will always be a need for Government to work directly with a small number of councils in difficulty, but I am clear that this should be done in a different way that is not punitive and is based on genuine partnership to secure improvements.
Building a wider partnership to deliver for the city of Birmingham is essential. I encourage Birmingham city council to consider establishing and deepening partnerships with private and public partners in the region, including Mayor Parker of the West Midlands combined authority, so they can be more involved in shaping decisions around asset realisation and the growth strategy, linking in with local growth plans as necessary. Such partnerships will help unlock Birmingham’s huge potential for growth and drive forward skills, jobs and opportunities in the wider region.
I have asked that commissioners provide a further assessment of the council’s progress in January, including their assessment of how the council’s growth strategy can support the council’s recovery and contribute to this Government’s wider ambition for national renewal. I would like to place on record my gratitude to Lord Hutton, who is stepping down from his role as a political adviser to the intervention, for his knowledge and expertise which has been of immense value to both the council and the wider commissioner team.
I also want to acknowledge the diligent and hard-working members of staff at the council who do their utmost to provide essential frontline services for residents. I, in turn, will do my utmost to ensure that all interested parties/partners work collaboratively to guarantee Birmingham’s recovery remains on track so that residents have a well-functioning local authority with a set of statutory services they deserve.
I will keep the House and the public updated on any changes to the intervention, including publishing the second commissioners’ report in the new year.
Slough borough council has been in intervention since December 2021 and this House has received a series of updates on the recovery of the council. The last update was in February, when the view of commissioners was that the council would continue to need support beyond the scheduled end of the intervention on 30 November this year. Significant challenges continue to face the council, as outlined in the commissioner’s report from April and update letter from September, both of which I am publishing today.
While some improvements have been made since the start of the intervention, there are still a substantial number of areas which require further improvement. There remains volatility in the council’s financial position, and there is not yet a target operating model that aligns with the medium-term financial outlook. A robust and resourced transformation plan that aligns to the target operating model is needed to drive change, which must be underpinned by strong leadership and a comprehensive workforce strategy to foster and embed cultural change. Further improvements still need to be secured relating to risk management, governance, including the scrutiny function and audit committee, evidence-based decision making and resident engagement. Separately, the continued progress in children’s social care and SEND services under Department for Education intervention has been noted.
Having considered carefully the findings and evidence presented in the report and update letter, I have concluded that the council is not yet meeting its best value duty and that issuing new directions will provide Slough borough council with ongoing Government support via commissioners. They would continue to assist the council to design, implement and embed the necessary changes and improvements. Accordingly, I am now seeking representations by 4 November on the report and update letter and a proposal to issue new directions under section 15 of the Local Government Act 1999. These would set a new end date for the intervention of 30 November 2026, require the council to take actions that are consistent with both the existing directions and the priorities the commissioners have set for the council, and provide for commissioners to continue to be able to exercise council functions relating to governance, finance and appointments. I understand that the council would welcome the extension of the intervention, given the challenges ahead that they also recognise, and I am keen to explore further opportunities to work in partnership to support their reset, reform and recovery.
If, following my consideration of any representations, I decide to implement my proposal, I intend to reappoint the existing commissioner team of Gavin Jones, Denise Murray and Ged Curran, who I know are working with the council with mutual respect, genuine collaboration and meaningful engagement. To further support the council to lead its own recovery, I also intend to appoint the interim chief executive, Will Tuckley, as managing director commissioner.
I again want to acknowledge the diligent and hard-working members of staff at the council who do their utmost to provide essential frontline services for residents, and reinforce my commitment to support Slough’s recovery remaining on track so that residents have a well-functioning local authority with a set of statutory services they deserve.
I will keep the House and the public updated on my proposed change to the intervention.
I will deposit in the House Library copies of the documents I have referred to, which are also being published on www.gov.uk today.
[HCWS155]
Oral Answers to Questions
Jim McMahon Excerpts(5 months ago)
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Natasha Irons (Croydon East) (Lab)
The Minister for Local Government and English Devolution (Jim McMahon)
I know at first hand how hard councils work to deliver essential public services, and we want to thank councillors, council officials and council workers for the hard work that they do all year round. The Government are under no illusions about the challenges facing local authorities. It is our priority to reset the relationship between local and central Government, and to end the politics that has seen Westminster hoard far too much power, holding back our towns, cities and villages from realising their full potential. We will provide more stability for councils through multi-year funding settlements, ending the competitive bidding process and reforming the broken audit system. Future local authority funding decisions are of course a matter for the spending review and the local government finance settlement, in which we are fully engaged.
Alison Bennett
Can the Minister explain how the English devolution Bill will reduce local authority budget shortfalls, ensuring that essential council services for the public are protected?
Jim McMahon
The English devolution Bill is a landmark piece of legislation that will finally address the imbalance of power between this place and communities up and down the country, but it is not in itself the answer. We know that the financial foundations on which it rests are local authorities, which are struggling. That is why we are committed to multi-year funding settlements and fair funding.
Clive Jones
I understand that there will be a major review of local government funding next year. I represent Wokingham, whose council is the lowest-funded unitary authority per head in the country. Will the review look at the actual needs and costs faced by local authorities, as opposed to the current methodology of allocating funding, which is based on historical data and is disproportionately skewed by simplistic measures of deprivation?
Jim McMahon
Any fair funding formula of course has to address the range of challenges that local authorities face, whether that is their local tax base, and how much they can realistically generate from their local communities and businesses, or the cost of service delivery and the demand within a local community. We will ensure that the fair funding formula, of which multi-year settlements are a part, is done with that rigour.
Natasha Irons
There can be no way of fixing the foundations of this country without fixing the foundations of local government, so I am pleased to hear that this council—sorry, this Government—are looking to reset the relationship with local councils; as a local councillor, I am stuck in the habit. Will the Minister please outline what specific support will be given to councils that have had to issue section 114 notices, to ensure that they can deliver on this Government’s aims throughout the country?
Jim McMahon
Local councils are central to delivering on this Government’s missions, and to changing this country for the better, but we know that many of them are on a cliff edge financially, and many of them will be fearful for their budget going forward. We will work in partnership with my hon. Friend. The Department’s door is always open to local authorities that need to have conversations.
Liam Byrne (Birmingham Hodge Hill and Solihull North) (Lab)
Council funding in Birmingham is inadequate because of a set of sadistic directions based on speculative estimates of equal pay liabilities. No one believes those estimates, not even the lead commissioner, so will the Minister revisit those directions quickly and meet with Birmingham MPs to help us to get them right?
Jim McMahon
First, we need to reset the relationship between the Westminster Government and local authorities. I have seen far too many examples where the Secretary of State and Ministers have, at this Dispatch Box, hung individual councils out to dry. That is not a relationship of equals at all. I thank the leadership of Birmingham for taking the tough decisions and actions that are needed. This Government will work in partnership with them in a constructive way, as equals, going forward.
Blake Stephenson (Mid Bedfordshire) (Con)
Terry Jermy (South West Norfolk) (Lab)
The Minister for Local Government and English Devolution (Jim McMahon)
In the final 2024-25 local government finance settlement, a £3 million grant was announced to assist local authorities experiencing significant pressures on their internal drainage board levy. I am publishing today the allocations of funding for 15 local authorities, and I can confirm that King’s Lynn and West Norfolk will receive an allocation of £254,000 from the levy. We are also working closely with our colleagues in the Department for Environment, Food and Rural Affairs to explore options going forward for future allocations.
Helen Morgan (North Shropshire) (LD)
Residents in rural areas such as my constituency are seeing drastic cuts to local services despite their council tax having gone up this year. That is because councils are struggling to balance budgets. When the fair funding review takes place, will the Secretary of State commit to considering the cost of delivering services in vast rural areas, which is in excess of the same cost in urban areas?
Jim McMahon
We will absolutely ensure that the true cost of public service delivery is accounted for in different parts of the country and in different local authorities—that will be part of it. However, I say gently that although the Conservatives were the architects of austerity, the Liberal Democrats were definitely there sharpening the pencil.
Rachel Hopkins (Luton South and South Bedfordshire) (Lab)
The Government have my full support in making housing more affordable for my constituents and those across the UK, and creating more social rented housing will be important in that. Will the Minister update the House on the Government’s plans to protect existing council stock by reviewing the increased right to buy discounts introduced in 2012?
Jim McMahon
We are well under way in reviewing the consultations that are currently taking place and all the devolution agreements that were not tabled before the election. I am very happy to meet with my hon. Friend outside of this Chamber to discuss the matter further.
Melanie Onn (Great Grimsby and Cleethorpes) (Lab)
Could the Minister expand on his earlier answer relating to devolution, and perhaps provide a timeframe for some of the discussions that are taking place with local authorities about devolution plans that did not go ahead before the last general election? My constituents are very keen to move ahead with improvements to transport, education and inward investment.
Jim McMahon
I thank my hon. Friend for her question, and for her work on the agenda to further devolution in her region. We recognise that in some parts of the country, including Hull and East Yorkshire and Greater Lincolnshire, local authorities worked up proposals for the previous Government that were not tabled before the election. We are currently working through those proposals at pace to make sure areas have clarity about where they are up to, and we look forward to reporting on that as soon as possible and meeting with local MPs as part of that process.
Munira Wilson (Twickenham) (LD)
When the Secretary of State looks at the rules around local authority compulsory purchase orders, and at removing hope value for house building purposes, will she look at having the same rules for playing fields that local authorities want to keep as playing fields and not build on? That would allow sites such as Udney park playing field in my constituency, which has lain derelict for a decade under private ownership, to be brought into community use again.
Shaun Davies (Telford) (Lab)
I know from my time as chair of the Local Government Association that all council leaders, regardless of political persuasion, need more money for local government, but that there is also a commitment from the sector to reforming the sector. Will the Minister confirm his willingness to work with council leaders, regardless of political persuasion, to reform the system, and also to take a look at population under-counting, which is costing my council millions of pounds each year?
Jim McMahon
I pay tribute to my hon. Friend for the work he did in local government, and as chair of the LGA, to make sure that the sector spoke with one voice and worked in collaboration with Government to try to get a better outcome for local councils. This Government will continue in that spirit.
Paul Holmes (Hamble Valley) (Con)
The Minister for Local Government may be aware that Liberal Democrat-controlled Eastleigh borough council is subject to a best value notice, due to its unsustainable £700 million of debt. More audits have been undertaken that show that more borrowing is taking place, so will he meet me to discuss this risk to my constituents and their taxpayers’ money?
Jim McMahon
I am very happy to have a meeting, probably next week, on that issue.
Claire Hazelgrove (Filton and Bradley Stoke) (Lab)
As the housing crisis worsened under the last Government, houses in multiple occupation became more prevalent in a number of communities, including in Filton, Stoke Park and Stoke Gifford. Naturally, with more people living in more homes than were envisaged when the local infrastructure was planned, there is an impact on public services and the character of communities, and routes such as permitted development are regularly being used to start extensions and conversions. Will the Minister meet me, as the Government shape much-needed changes to the planning framework and regulations, to discuss how HMOs might be included in an appropriate way?
Max Wilkinson (Cheltenham) (LD)
Devolution is a positive thing, and we welcome it. Gloucestershire, which has my constituency of Cheltenham within it, has coterminous boundaries for the county council, a police force, a fire service, an economic development function and a health service, but there is fear that, in a devolution deal, it may be grouped with other areas to the north, or perhaps made part of an existing devolution deal to the south. Can the Secretary of State or another Minister confirm that that will not be the case?
Jim McMahon
Within the first couple of days of this Government, the Deputy Prime Minister wrote to local authority leaders, inviting them for discussions on devolution agreements. One of the founding principles is, of course, geography that makes sense—and having coterminous boundaries for public services and the rest does make sense. Without going into the specifics of individual conversations that are taking place, I advise the hon. Member to bring that point into the work on the English devolution Bill, which will make sure that all of England has a voice and a role in devolution.
Peter Dowd (Bootle) (Lab)
The Deputy Prime Minister has shown that her footwork at the Dispatch Box is as good as her footwork on the dance floor. At this year’s election, veterans who brought along their veterans’ ID card to prove their identity were turned away. Will the Minister guarantee that this will change?
Local Audit Backlog
Jim McMahon Excerpts(6 months ago)
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The Minister of State, Ministry of Housing, Communities and Local Government (Jim McMahon)
Local authorities and other local bodies, including police, fire, transport and waste authorities, as well as national parks, provide vital public services to local communities. Effective local audit ensures transparency and accountability for public money spent on these vital services, and builds public confidence.
The Government have inherited a broken local audit system in England. This is evidenced by a significant backlog of outstanding unaudited accounts. Last year, just 1% of councils and other local bodies published audited accounts on time. The backlog is likely to increase again to around 1,000 later this year, and will continue to rise further without decisive action. This is not acceptable, and it cannot continue.
This Government’s manifesto committed to overhaul the local audit system to enable taxpayers to get better value for money. A growing backlog will severely hamper necessary fundamental reforms to repair the system, and will continue to undermine local accountability and governance. We must act now to get the house in order and to rebuild the system so that it is fit, legal, and decent, and the public have an effective early warning system.
This statement outlines immediate actions the Government—together with the Financial Reporting Council, the National Audit Office, and organisations in the wider system—are taking, which are designed to address the backlog and put local audit on a sustainable footing. The previous Government launched a welcome consultation on this issue in February. Despite a lack of action, there was clear support for the core elements of the approach to clearing the backlog. All key local audit organisations support these bold measures, recognise their exceptional nature, and continue to share the conviction that this urgent and decisive action is needed to reset the system and repair the foundations of local government.
Local authorities and other local bodies, alongside their auditors, are our partners in this plan to restore a system of high-quality and timely financial reporting and audit, while managing the impact of this in a sustainable way. I commend the commitment of local finance teams and auditors in their work to date.
Proposed secondary legislation
I intend to lay secondary legislation when parliamentary time allows, and at the point at which the comptroller and auditor general requests, I will also lay a new code of audit practice, again subject to parliamentary time. Taken together, these measures aim to facilitate a return to timely, purposeful audits of local body accounts. The secondary legislation would amend the Accounts and Audit Regulations 2015 to set a series of backstop dates.
The first backstop date would clear the backlog of unaudited accounts up to and including 2022-23, but given the size of the audit backlog, it is unlikely that all outstanding audits will be completed in full ahead of this date. The Government recognise that this is likely to have unfortunate consequences for the system in the short term, and have been forced to take this difficult decision due to the backlog we inherited. This Government is determined, however, to make the tough choices necessary to begin rebuilding the foundations of local government. Where auditors have been unable to complete audits, they will issue a “disclaimed” or “modified” audit opinion. Auditors are likely to issue hundreds of “disclaimed” audit opinions and disclaimed opinions will likely continue for some bodies for a number of years.
The proposed legislation will include five further backstop dates up to and including financial year 2027-28 to allow full assurance to be rebuilt over several audit cycles. It is the aspiration of the Government and key local audit system partners that, in the public interest, local audit recovers as early in this five-year period as possible. This means disclaimed opinions driven by backstop dates should, in most cases, be limited to the next two years, up to and including the 2024-25 backstop date of 27 February 2026, with only a small number of exceptional cases, due to specific individual circumstances, continuing thereafter. The proposed backstop dates are:
Financial years up-to-and-including 2022-23:13 December 2024
Financial year 2023-24: 28 February 2025
Financial year 2024-25: 27 February 2026
Financial year 2025-26: 31 January 2027
Financial year 2026-27: 30 November 2027
Financial year 2027-28: 30 November 2028
While there will be modified and disclaimed opinions, auditors’ other statutory duties—including to report on value for money arrangements, to make statutory recommendations and issue public interest reports—remain a high priority. Our Government will make that crystal clear.
For financial years 2024-25 to 2027-28, the date by which category 1 bodies should publish “draft” (unaudited) accounts will change from 31 May to 30 June following the financial year to which they relate. This will give those preparing accounts more time to ensure they are high-quality accounts. This in turn will benefit auditors while still ensuring publication shortly after financial year end.
The proposed legislation will outline the following scenarios in which bodies may be exempt: where auditors are considering a material objection; where recourse to the court could be required; or from 2023-24, where the auditor is not yet satisfied with the body’s value for money arrangements. Where such an exemption exists, the legislation would include a requirement to publish the audit opinion as soon as practicable. For transparency, if a body is exempt, they would be required to publish an explanation of their exemption at the time of a backstop date.
Bodies that are non-exempt but have failed to comply with a backstop date will be required to publish an explanation, to send a copy of this to the Secretary of State, to facilitate scrutiny, and publish audited accounts as soon as practicable. The Government also intend to publish a list of bodies and auditors that do not meet the proposed backstop dates, which will make clear where “draft” (unaudited) accounts have also not been published. I intend to keep this under close review and may explore further mechanisms to take appropriate action, should reasons given be inadequate.
As previously committed to, the FRC and the Institute of Chartered Accountants in England and Wales will not carry out routine inspections of local audits for financial years up to and including 2022-23, unless there is a clear case in the public interest to do so.
Communications to support local bodies and auditors
There will be extensive communications and engagement on these measures, to make clear the necessity of these steps and emphasise the context for modified or disclaimed opinions. Local bodies should not be unfairly judged based on disclaimed or modified opinions, caused by the introduction of backstop dates that are largely beyond their control. Auditors will be expected to provide clear reasons for the issuing of such opinions to mitigate the potential reputational risk that local bodies may face. We will work with partners to provide communications support to the system.
Guidance for auditors would be published by the Comptroller and Auditor General and endorsed by the FRC, confirming that there are no contradictions to the requirements or the objectives of International Standards on Auditing (UK). A proportionate approach is required and all system partners including the FRC, NAO and auditors, are aware that this is the Government’s objective. The FRC’s and ICAEW’s regulatory activity would consider auditors’ adherence to the code and whether proper regard has been given to the statutory guidance.
Audit fees
Issuing a disclaimed or modified audit opinion and a subsequent return to being able to fully complete audits will require differing levels of work by auditors. Public Sector Audit Appointments Ltd will set scale fees and determine fee variations where the auditor undertakes substantially more or less work than assumed by the scale fee and will consult with bodies where appropriate. In doing so PSAA will apply the following principles: if auditors have worked in good faith to meet the requirements of the code of audit practice in place at the time the work was conducted—and have reported on work that is no longer required—then they are due the appropriate fee for the work done, and the body is due to pay the applicable fee, including where there is a modified or disclaimed opinion. Conversely, if an auditor has collected audit fees in part or in full, and the backstop date means that the total work done represents less than the fee already collected, then the auditor must return the balance and refund the body the appropriate amount, this ensures that the bodies pay only for work that has been done and reported.
Conclusion
I recognise that aspects of these proposals are uncomfortable. Given the scale of the failure in the local audit system that this Government inherited, however, we have had to take this difficult decision to proceed. Without this decisive action, the backlog would continue to grow, and the system will move even further away from timely assurance. The secondary legislation I will lay will give effect to these proposals and start to repair the foundations of local governance. Significant reform is needed to overhaul the local audit system to get the house in order and open the books. I will continue to review the evidence, including considering the recommendations of external reviews to date, and will update the House in the autumn on the Government's longer-term plans to fix local audit.
[HCWS46]