Control of Local Authorities

Abstract

Apart from the general power of Parliament to grant and withdraw functions from local authorities — which is in itself a form of control — local authorities are often made subject to the formal control of Ministers and Departments of State in respect of some functions. Such formal controls — examples of which are seen in Education and the provision of Social Services — must stem from a specific statutory provision. They can also arise through a process of consultation and the issue of circulars to the local authorities. An example of this practice arose in the building licensing work undertaken by local authorities between 1945 and 1954 on behalf of the Ministry of Works. In addition to this there are other subtle forms of control — departmental advice, practice codes, circulars explaining a Minister’s policy. A memorandum issued by the Department will not be binding upon a local authority, but it can well influence its decision. In the first instance, however, we may look at the forms of control that are laid down by Acts of Parliament.