Local Government

Do Local Authorities Really Want Sustainable Construction Powers?

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Max Lempriere

When it comes to setting sustainable construction standards new research reveals English local authorities favour national regulation over local powers. 

National planning policy and building regulations have undergone considerable reform in recent years. The latest incarnation is embodied in the Housing Standards Review, (HSR) published in 2014. The HSR sought to consolidate the plethora of standards into national building regulations whilst making it harder for local authorities to introduce standards that supplement these national regulations in response to local needs or priorities. One area where local powers have been significantly curtailed by the HSR is in the sustainability and energy efficiency of homes.

Since the publication of Building A Greener Future and the Supplement to the Planning Policy Statement: Planning and Climate Change in 2007, local authorities have been able to set local standards on building sustainability to reflect local needs and priorities. Although options are provided in the HSR for local standard setting in a number of areas to supplement the revamped building regulations, this isn’t one of those. The extent to which sustainable construction targets can be set locally has thus been significantly curtailed. The response was predictably fierce. The Association for the Conservation for Energy remarked on the ‘political naivety’ and ‘shortsightedness’ associated with the decision. A report by the Environmental Audit Committee from November 2013 suggests that ‘this decision bulldozes local choice in favour of a one-size-fits-all approach designed to benefit developers who want to build homes on the cheap’.

Yet what do local authorities themselves think? The evidence points towards local authorities being against the idea of local standard setting in the area of energy-efficiency in buildings.

When asked in the HSR consultation whether sustainable construction standards should be incorporated into National Building Regulations (thus restricting local choice) an overwhelming number of local authorities responded in favor (46 of 69 responses). When asked their views on whether local authorities should have the powers to set ‘Merton Rule’ type policies (which mandate the minimum renewable energy use in a building) ‘a number of local planning authorities are also in favour of a review [of the Merton Rule type policies], who do not see a role for planning in decisions about the energy performance of houses’.

What’s more, as part of my on-going research into this area I have surveyed all local English local authorities. Only 50% have embraced the standard setting powers that they have had up until the HSR, and even then there are serious concerns over whether those local standards are being enforced.

An obvious question that arises from this is why? Why do local authorities propose a national Building Regulations led approach to sustainable construction standards? In the course of my research two factors have been raised.

First, many local authorities feel that the national debate on sustainable construction is in such flux that to expend resources on incorporating local standards is risky. Take Harrogate Borough Council for example, who took a proactive lead on introducing sustainable construction targets in their 2009 Local Plan. Subsequent changes to the planning framework published by central government in 2012 reformed the technicalities of local standard setting and in effect forced Harrogate to tear up their plan and start the process again. This obviously comes at considerable costs. When resources are already being stretched to breaking point the threat of having the rug pulled from under their feet is enough to put a lot of local authorities off the idea.

Second, local authorities are subject to strong external pressures from developers that prioritise growth over sustainability. Many lack the necessary internal capacity (whether in terms of expertise, institutional norms, pro-environment policy networks or dominant discourse favouring ecologism) to overcome these pressures. On that basis many consider any local powers a waste, because they can’t be fully exploited.

We must not therefore be alarmist when we look at the HSR and its curtailment of local powers. It is by no means perfect; the extent to which the sustainability and environmental standards of homes can be raised in the future is largely down to how the Building Regulations are going to be reformed and there are doubts that it will go far enough in this regard. Nevertheless, the evidence points towards local authorities favouring a national approach. We should listen to and respect this view, and try to understand why they think like this at all. Only then can we hope to do anything about it.

 

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Max Lempriere is a third year PhD student in the Department of Political Science and International Studies at the University of Birmingham. His research interests include the politics of planning and construction, local government innovation and ecological modernisation.

New ways of working for district councils

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Anthony Mason

My primary school history teacher always taught that the shires of England were mapped out by Alfred the Great. For me, that story was confirmed by an illustration in my treasured Ladybird book on the great man (Alfred – not the teacher) that shows four burly Saxons knocking in a waymark post as they lay out the boundary pattern. I still have that book. I later learned that while the reality was much more complicated, it is essentially true that much of our shire county structure would be familiar to a returning Anglo Saxon – even if not much else would be.

And while our present pattern of local government boundaries isn’t quite so longstanding, the institutional structure of local government outside the cities and metropolitan areas in England has been much more stable than the landscape in health administration – which seems to change with every incoming Secretary of State. Of course, we’ve seen some reorganisation in the shire counties in the years since 1974, when the foundations of our present system were put into place, but much of rural England is still governed by two tiers of council – three if you count the parishes.

The relative stability of the system doesn’t prevent people talking about changing it. On the contrary, no gathering of local government officers or members would be complete without talk of the supposed delights or evils of unitary local government – especially in the bar later at night. Our counterparts in Wales and Scotland have gone down the unitary path some time ago; and for some, the crazy English mosaic of cities, unitaries, counties, boroughs and districts is an affront to rational workable local governance.

Eric Pickles isn’t among these. And while the great man is famous (or infamous) for many things, his mythical “pearl-handled revolver” ready for the first person to come into his office and propose the structural reorganisation of local government, must be one of his most repeated aphorisms. For once, he may be on to something. Recent work by the New Local Government Network points out that while there are savings to be had from “unitarising” two tier councils, there are costs involved as well. The report also makes a strong case that some of the claimed savings from reorganisation may already have been realised as district councils increasingly work in collaboration and share services and even management teams in some cases.

INLOGOV is now working with the District Councils’ Network (DCN) to explore further the case for retaining the essence of the two tier structure after the 2015 general election. This doesn’t mean no-change: rather, it recognises that structural reorganisation of itself may offer little stimulus to change. Transformation comes from adopting new and sometimes radically different ways of working and collaborating across the public and voluntary sectors rather than worrying about tiers of councils. We’re relatively early in the project and the DCN team has just issued a “call for evidence” to districts (and indeed others) to showcase new and innovative models of working – especially where there is good evidence of positive outcomes.

So now is the opportunity for those in two tier local government to map out the case for innovation and creativity in the way they work – but still set in the 1974 institutional structures. You have until January 16th 2015 to make a submission.

Perhaps my Ladybird book (price, 2/6d) can have some currency for a little while longer?

Anthony Mason

Anthony Mason is an Associate at INLOGOV and works mostly on local government systems and organisation and on improving public sector partnerships.  His early career was in local government followed by more than 20 years in PwC’s public sector consultancy team

The LGC100: what it does and doesn’t measure

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Chris Game

I used, years ago, to have a whole Pol Sci 1 lecture about power and influence, their similarities and differences. By one of life’s synchronicities, I’ve been reminded of it twice in the past week. Don’t go – I’m not about to disinter it, although I will share the six-word summary that I could, if really pushed, get it down to: Power’s a tool, Influence a skill.

Actually, I will elaborate a bit, at least to the 16-word précis: I is a form of P, but P can be exercised through means other than I. Power, in other words, trumps influence, as was demonstrated in Wednesday evening’s feverish purchasing of high-price London homes following George Osborne’s introduction of stamp duty bands.

To adapt my lecture illustration: estate agents spent possibly months trying to influence wavering purchasers’ views of the great bargain their £2 million Myleene Klass garage/apartment would represent; then along comes George and suddenly the hesitants are desperate to exchange contracts by midnight and save themselves (I think) £55,000. The Chancellor had the power to change the whole deal – as could the garage owners, had they decided to drop their price. The estate agent – yes, I can feel your pity – has, at most, influence.

Power is supposedly sexy – period, and certainly sexier than influence, which is why magazines with circulation-boosting ‘Top 100’ lists will generally try for ‘Most Powerful’, even if they have to resort to sophistry. Forbes, the US business magazine, does both the World’s Most Powerful People: Putin, Obama, Xi Jinping, Pope Francis, Angela Merkel; and Most Powerful Women: Merkel, Janet Yellen (Chair, Federal Reserve), Melinda Gates, Dilma Rousseff (President, Brazil).

I’ve no argument with any of these. The Putin vs. Obama thing’s interesting, but, if you annexe Crimea and do a $70 billion gas pipeline deal with China – well, for me that’s right up there with banded stamp duty. But then at 17 in the Women’s list there’s Beyoncé Knowles, personification of the power vs. influence problem.

Sure, have her No.1 in Forbes’ Celebrity 100 List. I’d even grudgingly accept her heading Time magazine’s 100 Most Influentials, or, to be accurate, being their Top Titan – Time fudging its listing by grouping its 100 into Titans, Pioneers, Artists, Leaders and Icons, presumably to avoid, say, Miley Cyrus embarrassingly outranking Pope Francis.

But, whatever Titans are/do, Beyoncé sings, and, even if she does release her songs exclusively on iTunes, that’s essentially popularity, not power. It’s the same with cats. The cat food Friskies’ Most Influential Cat on the Internet – ‘Grumpy Cat’ (aka Tardar Sauce, and apparently it’s feline dwarfism, not perpetual pet petulance) – has 250,000 followers, which is also popularity and could even be influence, but it ain’t power.

Which brings us to the LGC100, the Local Government Chronicle’s periodic listing and ranking of the most influential people in local government – and in which we at INLOGOV have the pleasant responsibility to declare an interest, in all senses.

The LGC100 obviously differs from the Friskies 50 index, but there are similarities. First big difference is the complete absence of cats from even the long list. Second, selection is by a nine-judge panel, with “vast experience across the sector” – apart, apparently, from that of being elected members. Third, it’s forward-looking: those most likely to exert influence over the sector in the next 12 months.

Yes, the big similarity with the Friskies 50 is that it’s very definitely about influence, in the sense that I’ve been trying to suggest, rather than power. Out of hopefully excusable exuberance, INLOGOV’s official announcement stated that our Director, Catherine Staite, had been ranked the 45th “most powerful” person in the world of local government, which wasn’t the actual citation and, given that world’s diverse and highly political character, risked being potentially misleading – prompting this intendedly explanatory blog.

As I see it, LGC could have taken the sophists’ soft option, have pretended theirs is a Power Index, but, like Time, with separate groupings for mayors and council leaders, chief execs, national politicians, civil servants and officials, consultants, commentators, etc. Which would have risked being little more interesting than the proverbial wet weekend in Wigan – which, I’d better emphasise, isn’t boring at all, and moreover has a still comparatively rare female CE in Donna Hall (No 55).

Instead, they’ve taken the braver and inevitably more provocative path of having a single sector-wide set of reputational rankings, and it behoves us to recognise that those rankings are assessments of likely future influence, and not of current or recent power.

If they were current power rankings, then, whatever we might think of him, Eric Pickles’ dramatic slide from 1 in 2011 to 15 would take some explaining – although it does remain noteworthy for at least two reasons. First, all previous listings have been headed by the senior local government minister: John Healey in 2007 and 2008, and Pickles in 2011. This time, the only minister in the top 10 is Danny Alexander, Chief Secretary to the Treasury, at 7 [The PM and Chancellor are excluded from consideration, as is the Leader of the Opposition].

Second, Alexander’s relatively high position suggests Pickles’ fall can’t be attributed entirely to next May’s election, as he’s also adrift of Health Secretary, Jeremy Hunt (11), and Greg Clark, Minister for Universities, Science and Cities (13), who may also have lost their ministerial red boxes before the year’s half through. A comparable consideration – imminent retirement – surely does, however, largely explain DCLG Permanent Secretary Sir Bob Kerslake’s apparently lowly 85. Incidentally, the actual local government minister, Kris Hopkins, may or may not be grateful that LGC have extended their list from 50 to 100, as his perceived future influence has him down at 93 – just below Watford elected mayor, Dorothy Thornhill (92), and just ahead of Nan Sloane, Director of The Centre for Women and Democracy (95).

I’ve now mentioned four ranked women and six men, and it would be good if that 40% female representation or the 40% in the top 10 were reflections of the list overall. They aren’t. There are 11 women in the top 50 and 21 in the full 100, which proportionately is lower than in either 2011 or 2008 – and, yes, I do know Doncaster’s CE, Jo Miller (27), and Centre for Cities’ Alex Jones (83) are women, while Localis’ Alex Thomson (54) is definitely male.

If those figures are disappointing, those for ethnic diversity are worse. An important new survey was published in September into the diversity of staff working in the top 5,000 leadership roles within the public and voluntary sectors. Conducted by a team headed by Trevor Phillips, former chair of the Equality & Human Rights Commission, the Green Park Public Service Leadership 5,000 survey found that ethnic diversity in local authority leadership is so low that it “almost defies analysis” – and that was before Lambeth CE Derrick Anderson announced his impending departure. Though obviously not itself a statistical exercise, the LGC100 reinforces that sad conclusion.

Important as that conclusion is, though, it would be wrong for this particular blog to end on anything but a more upbeat note. First, there’s the overall picture, with local government people not only heading the list – the Manchester City Council duo of Leader, Sir Richard Leese, and CE Sir Howard Bernstein – but comfortably outnumbering, as they jolly well should, national politicians and officials by 46 to 33. And, if you forget the messy election business and count members of the Upper House as politicians – Lords Adonis (26) and Shipley (69) – then they just pip officials by 40 to 39. No amount of fiddling, though, will prevent the biggest single group in the top 20 being, by a distance, national politicians.

Finally and closer to home, INLOGOV Director Catherine Staite’s 45th position is, by any standards, a proud achievement – for her and collectively for those academic and other Institute colleagues with whom she works (I can say that, being nowadays extremely semi-detached and, at least in that sense, no longer among that number). It doesn’t mean LGC panellists have judged her more powerful or important than, say, Birmingham City Council Leader, Sir Albert Bore (50), or London Mayor, Boris Johnson (57), or even former INLOGOV Director, Sir Michael Lyons (70), author of the recent Labour-commissioned Lyons Housing Review of the underlying causes of the housing crisis.

It does, on the other hand, seem to suggest that those panellists see INLOGOV as already, and perhaps increasingly, prominent in the local government world, and – particularly through collaborative work with other public sector and international organisations – like the recent 2020 Vision report with Grant Thornton, Exploring finance and policy futures for English local government – – an increasingly influential player.

Chris Game - picChris Game is a Visiting Lecturer at INLOGOV interested in the politics of local government; local elections, electoral reform and other electoral behaviour; party politics; political leadership and management; member-officer relations; central-local relations; use of consumer and opinion research in local government; the modernisation agenda and the implementation of executive local government.

Preaching to the choir: reflections on key leadership skills for local authority chief executives – part 3: courage

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Catherine Staite

Leadership is not a sprint – it’s a marathon. You are in it for the long haul and that is why courage is so important.

Maya Angelou argued that courage is the most important of all the virtues because without courage you can’t practice any other virtue consistently and that is certainly evident in the role of chief executive. Not only do you need to keep yourself going through challenging times, you also need to be able to demonstrate courage to your staff and members. If you falter, so will they.

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Don’t make the mistake, though, of thinking that you have to go it alone. True, it can be lonely at the top and you can sometimes feel that you should keep your doubts, fears and frustrations to yourself. That’s a big mistake – and so many leaders make it. You are only human – very clever human, but human nonetheless.

Not only do you need support, you also need someone to tell you when you are wrong. If you isolate yourself in your leadership castle, you could be very wrong without knowing it. There’s a saying that ‘a lawyer who acts for himself has a fool for a client’ and that is just as true of chief executives who only take their own advice. You need a critical friend you can turn to, someone who will help you focus, learn from your mistakes and laugh about the sometimes crazy world that you inhabit.

Some chief executives have really strong relationships with their Leaders and each can be a good critical friend to the other. For others, their Leader is the source of many of their troubles. They definitely need to go elsewhere for support.

You need all your energy to be a strong and courageous leader, so don’t waste energy on what you can’t change. Do let go of the past. Only look back to learn from your mistakes, not to wallow in nostalgia for a misremembered past. Times may seem particularly hard –but then they always do when you are living through them. As Heraclitus said, the only thing that is constant is change. I observe the very different ways that chief executives respond to change, from seeing it as a threat to greeting it as an opportunity. The best at using the prevailing challenges of austerity to make the sort of bold changes that would never have been possible in times of plety.

Focus on building a better future for your Council and the people you all serve. To do that you should keep searching for better ways of doing things. Support your staff to do that now and they’ll carry on doing it when you are no longer there. The more talent you can develop in others, the more support you can draw on now and the better the legacy of your leadership.

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Catherine Staite
Catherine Staite is the Director of INLOGOV. She provides consultancy and facilitation to local authorities and their partners, on a wide range of issues including on improving outcomes, efficiency, partnership working, strategic planning and organisational development, including integration of services and functions.

Democracy in The Circle: a route to reconnection and engagement?

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Frank Hendriks

One of the theme’s at INLOGOV’s 2014 summer symposium is “Strengthening democracy and participation: routes to re-connection and engagement.” One of the possible routes is tellingly sketched in Dave Eggers’s recent novel The Circle (2013).

I will not try to summarize this rich, dystopian novel which is in the tradition of Orwell’s 1984 and Huxley’s Brave New World, brimming with ideas as well as fears. The vision of democracy presented in The Circle is what I focus on here. It is called ‘demoxie’, and it might be a better prediction of future democracy than many theorists would think.

In the book, demoxie is quite typically introduced as a hitherto unthought-of ‘next step’ in a development process. It starts with the idea to make everyone with a Circle account automatically a registered voter. In the brave new world of The Circle, virtually everyone has such an account, as it is the merger of all other accounts. Think of Google, Twitter, Facebook, and all that coming together in one big company, with a monopoly on the internet and all connected data. One of the company founders, Bailey, first sees this as an opportunity to perfect electoral democracy, to close ‘the circle’ between electors and elected so to speak. “Now think,” he says at a company meeting, “if we can get closer to full participation in all elections (…) As we know here at the Circle, with full participation comes full knowledge. We know what Circlers want because we ask (…) if we observe the same model nationally, electorally, then we can get very close, I think, to 100 percent participation. One hundred percent democracy.”

There is applause, but the fatal heroine of the book, Mae Holland, has a brainwave and suggests to take the whole thing one step further. Why not oblige everyone to vote? “Everyone would agree that 100 percent participation is the ideal.” Until the requested vote has been cast, a circle account will simply be blocked. “And then we can take the temperature of everyone at any time.” The developers at the firm are so excited that within a week they have a beta version of what now is called ‘demoxie’ – “It’s democracy with your voice, and your moxie. And it’s coming soon.” The first try-out question is “Should we have more veggie options at lunch?” In no time the demoxie result appears: “75% of respondents want more veggie options. More veggie options will be provided.” The company’s founders are excited, they want more of these direct votations and promise to implement the majority ‘moxie’ within a day. Demoxie would be the best shot at ‘pure’, direct democracy the world ever had.

Is this unreal ‘science-fiction’, completely detached from our world? I don’t think so. Like everything in The Circle, demoxie is a radical extrapolation of developments already visible. It’s actually quite close to what the Five Star Movement, one of Italy’s biggest parties nowadays, envision. It’s very close to what pirate parties around the world call ‘liquid feedback’ – heeding the voice of constituencies on a permanent basis, feeding it back directly to political processes at hand. It’s an extrapolation of consumer polls, internet surveys, facebook counts, and the like, now with the promise of swift take-up, and response rates that can hardly be ignored.

I see ‘demoxie’ as a radicalized version of what I call, less poetically, ‘voter democracy’. I tried to give it due attention in my book ‘Vital Democracy’, but quite honestly it needs much more. Democratic theory is traditionally focused on the distinction between Westminster (indirectly-aggregative) and consensus (indirectly-integrative) democracy. More recently the attention has been extended to communicative and deliberative democracy of the directly-integrative type. Surely, these are routes to re-connection and engagement, and we should continue to study them. However, we should also realize that these routes are followed more often in theory than in practice. Democratic theorists are intrigued by experiments with mini-publics, deliberation days, and the like, but the wider public quite often just prefers to quickly vote, and see their votes aggregated directly and efficiently.

There is not only a popular pull in this direction, but also a strong technological push, which are two reasons to take this other, directly-aggregative, route to re-connection and engagement more seriously than we do. Because whether we like it or not as democratic theorists, it is here to stay and it is bound to grow.

COPYRIGHT WWW.TONTOEMEN.COM

Frank Hendriks is full professor and research director at the Tilburg School of Politics and Public Administration, and co-director of the Demos-Center for Better Governance and Citizenship at Tilburg University. His current research is focused on the design and quality of democratic governance – on political leadership and active citizenship, on public decision-making and participation, on reform and innovation in democratic institutions – at the level of the city and the state at large. Frank is also a Fellow at the Montesquieu Institute in the Hague and Visiting Fellow at St Edmunds College, Cambridge University.

Building communities to bridge the gap

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Daniel Goodwin

England is around halfway through significant reductions in public expenditure and heading for a ‘new normal’ at much lower levels, whilst seeing demographic and other pressures rise. Local Government is currently projected to see a £10.5bn funding drop between 2010
and 2020. Pressures on services are projected to rise by around £6bn, resulting in a £16.5bn total gap, under-resourcing services by around 30%. This average masks a wide variation – the LGA predicts that some of the poorest areas are projected only to be around 55% funded by 2020, whilst some shire districts will be 100% funded.

This shortfall is highly unlikely to be closed by efficiencies, voluntary redundancies, shared services, linking up with other parts of the public sector, outsourcing, or other changes on the supply side alone. New ways of thinking about the demand for public services are therefore needed. This challenge is political because it derives from what politicians and the media consider to be an acceptable level of taxation and the public service priorities of the national government; and it is cultural because it reflects the changing assumptions that people make about what it means to be a citizen, our overlapping roles as patients, taxpayers and citizens, and the ability of public service institutions to completely reconsider how they operate.

For ‘the gap’ is actually in the operation of society as a whole and what constitutes public service need. In looking to unlock resources to bridge the gap we should not just think of local government finance, but of the wide range of financial, logistical and human capital resources available in the public, private and civic spheres of society. That means that we cannot consider local government, or even public services in isolation, but we need to think more widely about the social contract and to look at what everyone’s contribution ought to be to the community. It’s a clear choice: personal tax to pay for services or time spent to build more resilient communities that need lower public service levels.

The big question for the future is therefore not simply about public services. In fact, there is a range of questions we need to answer about the deal between people and state. Who is really talking about it? How does it translate into personal, household, neighbourhood, city, regional or societal rights, responsibilities and realities? What are the respective (and respected) mandates of politicians at the national, regional and local level? How does all this relate to ideas of a good life in a good community in a good place? If it works at the individual level why should I engage at all? Isn’t that what politicians should be stewards of? Can we use the democratic system and the resources of the community to change the point at which publicly funded services intervene? Are we scared of having a view about what ‘good’ means, or of having a debate in a pluralist culture on what our underpinning societal values are?

Local government has a vital role to play in shaping this debate. For the responsibility for the development of a new discourse on the strengths, warp and weft of a community and its public service needs (and responsibilities) must surely be with its leaders and set within the political mandate. I consider that this mandate should logically extend to all public services and other activities that impinge on the locality.

Such a mandate also carries with it the responsibility to ensure that a community is in turn playing its part in wider society. A traditional view of the role of the politician is one of holding public services to account on behalf of the community. And yet the value of what people should be bringing through their own strengths and abilities, to benefit the common good, suggests that there is a need for politicians to engage in new ways and to develop a dialogue with the community to hold it to account too. That is the trickier dimension of the political mandate, one which is perhaps understated. It is a very tall order for the many politicians of goodwill who came into local politics to sort out bad planning decisions or because they were the only one prepared to be a communication link with the council.

These thoughts point me towards some new form of social settlement based upon ideas of community and prosperity, which is adaptive, emergent, co-produced, strength- or asset-based, and where local government is not a byword for the dead hand of bureaucracy. This cannot be a technocratic solution – it requires astute political and managerial leadership which helps to form truly meaningful communities that play their part in national life, and public services which support the development of social strengths rather than papering over the gap.

Know your local Councillor Photographs - St Albans - May 2008

Daniel Goodwin’s career has mainly been in local government, starting in libraries and cultural services and progressing through policy and corporate services. He is particularly interested in policy into practice issues, largely relating to local leadership and the politics of communities and place, and is a regular contributor to journals, conferences and seminars. Daniel was chief executive of St Albans City & District Council for 2006 to 2012 where he oversaw significant corporate improvements and budget reductions. He was Executive Director of Finance & Policy at the Local Government Association from January 2013 to March 2014, where he oversaw the LGA’s Rewiring Public Services campaign and the refinement of its public finance strategies. He is currently on sabbatical having decided to return to an operational leadership role and is pursuing personal projects, consultancy assignments and writing. He plans to return to a chief executive role in 2014.