Community Assets

(asked on 16th March 2022) - View Source

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, whether his Department has provided guidance to the Local Government and Social Care Ombudsman on provisions relating to assets of community value in the (a) Localism Act 2011 and (b) Assets of Community Value (England) Regulations 2012.


Answered by
Neil O'Brien Portrait
Neil O'Brien
This question was answered on 24th March 2022

Local authorities are responsible for ensuring that their Assets of Community Value scheme is run in accordance with the legislation set out in Part 3 Chapter 5 of the Localism Act 2011 and the Assets of Community Regulations 2012.

Under the existing scheme a community nomination rejected by a council would not be able to appeal the council’s decision. The department does not collect information on complaints raised with the Social Care Ombudsman by community groups about unsuccessful Assets of Community Value nominations or the outcomes of these decision. The department also does not provide guidance to the Social Care on the Assets of Community Value scheme.

The right of appeal against a council decision is only available to the owner of the asset. The right of independent appeal to a Tribunal ensures fairness to landowners and ensures that a council decision may be subject to impartial scrutiny.

As part of the Strategy for Community Spaces and Relationships, announced in the Levelling Up White Paper, the UK Government will consider how the existing Assets of Community Value Scheme can be enhanced and consult on options to go further to support community ownership.

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