LG 21 - Cyngor Sir Ddinbych

Denbighshire County Council’s Response to the Assembly’s Consultation on the Proposed Local Government (Wales) Measure (Saesneg un unig)

Consultation – Proposed Local Government Measure Committee

Q. 1Is there a need for legislation to reform:

- the statutory basis for service improvement by local authorities; and
- community planning and strategies

Denbighshire County Council is supportive of the need to reinforce the statutory basis for the interpretation of the duty to make arrangements to secure ‘improvement’ where the Measure aims to reform the statutory basis of service improvement by local authorities, National Park authorities and fire and rescue authorities and through the reform of law on community planning in Wales.

Q. 2How will the proposed Measure change what organisations do currently and what impact will any such changes have in terms of service improvement and community planning?

If the Measure was to direct collaboration in a way that causes authorities to collaborate with and take the lead for services where weaknesses are perceived then this could pose many issues. It is noted that this approach has already been rejected by the WLGA and local authorities earlier in the year but it is still included it in the Proposed Measure.

Q. 3Are the sections of the proposed Measure appropriate in terms of reforming the statutory basis for service improvement by local authorities and reforming community planning and strategies? If not, how does the proposed Measure need to change?

Denbighshire understands and agrees with the need for improvement in terms of the functions identified. However it must be clear that access to the necessary resources required to enable continuous and sustainable improvement is of paramount importance and requires a long term planning approach. As access to resources is determined by the availability of finance then we must be clear that without such access to adequate finance then prioritisation will exist and improvement will therefore need to be prioritised. That being said, there is a need for a more definitive settlement for at least the following three years as the current so called indicative figures are not proving to be much help.

By stating that an improvement objective need relate only to ‘at least one’ of the 7 areas of improvement (a – g) dilutes the need for all improvement objectives to take full account of sustainability, efficiency and equality, which are cross-cutting themes that need to be addressed and promoted as such.

If the Measure is accepted the proposal to put a duty on partners to cooperate in community planning and on Ministers to promote and encourage community planning and have regard to priorities outlined in community strategies in the exercise of their functions, is long overdue.  It will also assist our particular Council in its aim of bringing services closer to communities.

It would be far more valuable and less resource intensive if authorities were only obliged to produce and publish Improvement Plans every three years with an annual update.  Despite a variety of approaches there is not evidence to suggest that the public have shown interest in reading the document and therefore there should only be a requirement to publish it on-line, where it can be viewed in libraries etc.  This would support the sustainability and efficiency agenda.

Denbighshire County Council supports the ‘coordination of audit etc..’ as there is an obvious  need for improved integration of audit and inspection at the local level.

The necessity of annual audits is questionable. It is understandable where previous improvement in performance has been poor and would enable a closer contact to ensure continued improvement but a blanket approach to this is not necessary.

The Measure is trying to strengthen Ministers' existing powers of direction and intervention and the Council support the view of the WLGA and most other authorities that councils should be fully consulted before any form of direction and intervention is implemented.

s29 (1) where Welsh Ministers may ‘do anything’ to assist in compliance with improvement should be clarified.

Denbighshire County Council recognises the relationship identified towards community planning and strategies and welcomes the inclusion in the Measure.

If the ‘community’ is to be the focus of planning there is a need to ensure that the approach takes account of the changing nature of pressures faced by communities and that such pressures may arise sporadically or be so severe as to render current planning obsolete. This will have to be a matter closely considered in any identified review structure of community strategies.

Q.4What are the potential barriers to implementing the provisions of the proposed Measure (if any) and does the proposed Measure take account of them?

It will not be enough to direct collaboration and place a duty on partners to cooperate with community planning.  Local authorities will still need to work hard at cultivating relationships with partners and identifying outcomes which add value to everyone’s priorities.

Q. 5What are the financial implications of the proposed Measure for organisations, if any?

The approach the Measure takes offers flexibility to the improvement regime in Wales but needs to be balanced by the prescribed legislative requirements of authorities to provide certain functions.

There is a clear need to ensure that the additional burdens placed on local authorities arising from the Measure are fully recognised and supported with the resources required to enable successful implementation of the Measure.