council

The 21st Century Chief Executive

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Councillor Graham Chapman

It’s not only clothes and pop music which are subject to the vacillations of fashion. They affect the more mundane world of local government too. Elected mayors for example are a fashion of the ‘naughties’, when larger-than-life bankers, entrepreneurs, football managers, celebrities of all types were supposed to provide solutions to a whole range of problems by dint of pure charisma and personality.  Even the staid role of the chief executive is subject to fashion.

The traditional function of the chief executive with a legal background overseeing due process and formal decision making, gave way in the 80s to the more managerial approach, and perhaps was the heyday for the role. In the 90s and early 2000s it took another turn. Under the cover of the CPA and star ratings, where the chief executive was given a far more important role by the inspectors than the leader, and encouraged by SOLACE and the Blair Government, the ‘personality’ Chief Executive emerged. It was thankfully not totally pervasive but frequent enough to create conflict with the role of the elected members, and to increase chief executive remuneration in some cases to a point of embarrassment.  We are now going through a counter-revolution, partly because a minority of chief executives overplayed their hands, partly because of the recent antagonism whipped up against the public sector and because chief executives, as some of the most highly paid public servants, are an easy target. The counter-revolution now questions the need for the role at all and a number of authorities have abolished it, or are in the process of doing so.

My view is that chief executives are essential. A good chief executive provides continuity and integrity to the local government system, and a healthy counterpoint to political decision making. The system is part of a British tradition of local government which, being British, we do not appreciate sufficiently.  But if the role is to be accepted, de facto it does need to rid itself of some of the fashions it has been subject to and it needs to establish a set of core principles. The best, perhaps the only, set available has been devised by Roger Taylor, former chief executive of Manchester and Birmingham.  The principles should be of particular interest to the more buccaneering breed of chief executives who see themselves as more important than their members.

So here they are in précis in Roger Taylor’s own words.

1. However powerful a chief executive may seem, his/her success is always dependent upon gaining and maintaining high levels of political confidence and approval.

2. Chief executives need to develop a clear sense of the corporate  which is informed by, and contributes to, the politics of place

3. However difficult it may be for the political leadership at the time, it is vital that chief executives can demonstrate a clear moral and ethical compass and foundation to their work.

4. Chief executives are at the nexus between the democratically elected council and it’s paid servants. While they will be the leaders to the paid service, they can never allow themselves to become partisan.

5. Chief Executives must always avoid being “the story”. Some of the best chief executives are those who eschew the limelight and concentrate on the affairs of the council.

6. How well chief executives are likely to ‘gel’ with officer colleagues will always be less important than their intellectual capacity and ability to explain complex things clearly.

7. Chief executives need to have, and to demonstrate, the political skills to manage effectively in the spaces between leadership and opposition councillors.

8. Competent chief executives never need fear the working communications between their colleagues and the political leadership.

9. Chief executives need to have some empathy with the complexities and the arduous nature of leadership in the Council.

10. Chief executives who work with a political faction and against the leadership should never be trusted, especially by the political faction they work with.

11. Chief executives need always to bear in mind that neither the conferences nor the special roles pay the salary.  Chief executives constantly need to bear in mind what their day job is.

12. The heart of any relationship between leader and chief executive has to be trust, truth and tolerance.  It should never be an intimate friendship but it should always have with it an informality and an appreciation of each other’s company.

13. Leaders should have a clear idea about what they want chief executives to achieve and they should be able to rely on objective and independent support for the negotiation of these objectives and subsequent review of the chief executive’s performance.

To summarise: I have little doubt that the move to abolish the role of chief executive will turn out to be the most ephemeral of the fads and that those authorities trying to survive without one will return to the fold. However, it does not mean that the role does not need shoring up and insulating from the sum of the political and, often self-induced, managerial opportunism to which is has been subject. Roger Taylor’s list of dos and don’ts is a good start.

Graham Chapman is the Deputy Leader of Nottingham City Council, and the Portfolio Holder for Economic Development, Resources and Regeneration.  He is a Councillor for Aspley Ward.

The Barnet Graph of Doom – not new or classified, but definitely sensitive

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Chris Game

A recent SocietyGuardian article on the impact of demographic change on local authority service provision by David Brindle, the paper’s Public Services Editor, produced considerable social media comment, but not apparently any actual sighting of the item that kicked the article off: the so-called Barnet Graph of Doom. Time, therefore, for an unveiling, and some demystification.

 Brindle introduced the BGoD as:

 “a PowerPoint slide, showing that within 20 years, unless things change dramatically, [Barnet Council] will be unable to provide any services except adult social care and children’s services. No libraries, no parks, no leisure centres – not even bin collections.”

Dramatic enough in itself, you’d have thought, but Brindle ratchets up the drama by seeming to imply that the Doom Graph is both new and so sensitive as to be virtually classified:

“The slide … now features regularly in presentations by Sir Bob Kerslake, permanent secretary at the [DCLG] … Whether he has dared to show it to communities secretary Eric Pickles, defender of the Englishman’s inalienable right to a weekly bin round, is unknown.”

In fact, speculation is unnecessary, as the slide in question has been in the public domain for nearly eight months now. It comes from a three minute video presented by Councillor Dan Thomas, Cabinet Member for Resources, as part of one of Barnet Council’s regular budget consultation exercises. The presentation is on both the Council’s website and YouTube, and therefore as available to the minister as it is to Barnet residents, you and me. 

Whether Sir Bob makes use of more than the single slide Brindle doesn’t say. But, unable to break a lecturer’s lifelong weakness for promising visual aids, I certainly would have done – in fact, will do so here – because I reckon the video, though brief, provides a better introduction to the causes and scale of the challenges facing all major local authorities over the coming few years than many have managed.

The video starts from the Government’s October 2010 Spending Review plans to cut total public spending by £81 billion by 2014-15, but not equally across the board. With the NHS budget (nearly 13% of the total) protected and Overseas Aid, though small, increased, the hit taken by the unprotected DCLG, and as a result by local government, would be over 28%.

The video starts from the Government’s October 2010 Spending Review plans to cut total public spending by £81 billion by 2014-15, but not equally across the board. With the NHS budget (nearly 13% of the total) protected and Overseas Aid, though small, increased, the hit taken by the unprotected DCLG, and as a result by local government, would be over 28%.

For Barnet, other things too will change.  With a population of 350,000, the borough is already the largest in London and faces further growth at both ends of the age spectrum – 17% more 5-to-9s and 25% more over-90s by 2016. There is substantial development in the west of the borough, currently requiring more reception places and in future more secondary school places. Which brings us to the Graph of Doom.

Barnet Council estimates that over the four-year Spending Review period it will lose roughly 30% of its income, requiring matching reductions in spending. The bar chart plots the predicted spending on adult social care and on children’s and family services over the coming decade – showing that, without significant changes in the way these services are provided and/or in councils’ funding, the increasing numbers it will be supporting mean that by 2022-23 it would be providing only social services, there being no money left for anything else.  Not classified information, then, but definitely sensitive.

The graph’s original purpose, it should be remembered, was to prompt Barnet residents to think about what their spending priorities would be for the immediate and medium-term future – and, no doubt, to concentrate the minds of members and officers. It was not the product of a sophisticated modelling exercise and, as its authors would surely acknowledge, it has obvious limitations.

It takes no account, for example, of future economies and efficiency savings or of increased income stemming from planned regeneration, particularly of the Cricklewood/West Hendon/Brent Cross area. On the other hand, though, it seems to assume a more or less neutral 2013 Spending Review, rather than another round of austerity measures, as currently looks more likely. In short, though not all-inclusive, its depiction of a calculably approaching funding crisis is more than ‘real’ enough to warrant serious attention from all who should be concerned.

The new Coalition Government seemed concerned – when one of its first actions was to ask Andrew Dilnot, a former Director of the Institute for Fiscal Studies, to chair a three-person Commission on the funding of elderly care and report back, with recommendations, within the year.

The Commissioners were emphatically concerned. They found the current funding system barely comprehensible, frequently unfair, and urgently in need of reform. Their key recommendations proposed:

•   capping individuals’ lifetime contributions towards their social care costs – at around   £35,000 – after which they should be eligible for full state support;

•   increasing the means-tested threshold, above which people are liable for their full care costs, from £23,250 to £100,000;

•   limiting liability for the costs of accommodation and food paid by people in a care home to £10,000 p.a.

The Commission’s full set of proposals, it estimated, would increased public spending by £1.7 billion p.a., rising to £3.6 billion by 2025 – equivalent to 0.25% of the total: “a price well worth paying” to remove people’s fear of having to sell their homes and spend almost all their wealth on care.

Ministers, particularly those in the vicinity of the Treasury, then became concerned to the point of agitation – at the capping proposal and the overall price tag. Dilnot was welcomed, but, as Health Secretary Andrew Lansley put it, as “a basis for engagement” – to be followed by more consultation, a delayed White Paper, and legislation “at the earliest opportunity thereafter”.

Whereupon the LGA became volubly concerned, with good reason. In an unusual cross-party initiative, Chairman Sir Merrick Cockell wrote to the three main party leaders on behalf of all LGA political groups, pointing out that social care already takes up more than 40% of council budgets, that demographic pressures alone will add £2 billion p.a. to these costs by 2015, and calling on Ministers to work urgently with local government in introducing radical Dilnot-type reforms.

Since then, the White Paper has been further postponed and will not address the funding issue anyway, the Queen’s Speech contained no relevant legislation whatever … and Doom gets ever closer.

Chris 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.

Why the No-Vote was Right for Birmingham

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Dr. Andrew Coulson

What a relief to wake up on Friday morning, 4 May 2012, and know that Birmingham will not have a directly elected mayor.  It was a most ill-informed referendum. The media, the business community (both Birmingham-based and national) and the government campaigned in favour. But the case against was hardly made at all until very close to the referendum, so there was little real discussion of what the new post would actually involve, or its advantages and disadvantages.

If it had gone ahead, it would have been the most divisive administrative change ever to hit the West Midlands. For London advocates of an elected mayor, it was presented as a new leader, able to speak for the whole West Midlands. That is not how it would have been seen in Dudley or Wolverhampton. The new mayor would also, probably sooner rather than later, have fallen out with the councillors elected to represent Birmingham wards, whose democratic mandate would be at least as strong as his or hers. If the council was controlled by a political party different from that of the mayor, that would have been a given from the start. But even within one party, sooner or later there would have been disagreements.

The job was impossible – to take over everything that Birmingham City Council and to influence every other organisation or group in the city. So every parent who could not get a child into a school of choice would have come to the mayor. So would the relatives of every patient that could not be discharged from hospital because suitable care arrangements were not in place.  Or every young family with a housing problem. There is no way one person could respond to that level of pressure. It is hard enough to understand the different cultures of the city – North and South, inner city and suburban, the highly complex racial geography.  There is nothing to be gained from trying to run everything that happens in Birmingham through one person, since however much he or she tries to delegate the buck will stop there and people will know it and soon get disappointed and frustrated.

Some of those arguing in favour of a mayor have no faith in councillors, and conclude that the biggest challenges would face chief officers. They should look carefully at what they wrote: do they really believe in a democratic process in which all the politics runs through one person?  or is their agenda to try and take politics and choice out of local government altogether?

A mayor of Birmingham was presented as the same as or similar to the Mayor of London. But Boris Johnson has virtually no powers, and only one major service to run. That is why mayors of London get so involved in public transport, and have time to promote economic development, regeneration and the Olympics. The services that affect people day by day are mainly the responsibility of the London boroughs.  The proposal for a mayor of Birmingham should have been presented as comparable to the Mayor of Newham – and there could then have been a realistic discussion as to whether having one would make a difference and how a mayor of Birmingham would relate to the Black Country or neighbouring counties.

There were no safety valves. At least a Leader can be voted down by a vote of no confidence in the Council meeting, or at the AGM. The city could have been stuck with a disastrous mayor for four years – becoming the laughing stock of the whole country, and an object of pity, and with no way out.

So now the newly empowered Labour administration in Birmingham will have to demonstrate that it is more effective than a mayor can be. Not an easy task given the general lack of discussion of the difficulties a mayor would have faced, and when the previous administration has partly lived off balances, and run the head office capacity of its departments down to the bare minimum or less. There are bound to be crises and failures, and some very difficult decisions to be made. The good property is that Labour’s showing in Birmingham was so strong that the party is almost guaranteed office for four years.

The sad reflection is that a case can be made for a directly elected mayor, not of Birmingham, but of the West Midlands, either as the city-region defined by the seven metropolitan districts, or as the whole standard region including the four adjacent county areas. That would have made the West Midlands like Boris’ London, and the resulting mayor might have had sufficient clout in London to bring jobs and training opportunities to the region, deliver the investment needed in public transport and deliver the coordination between the regional arms and agencies of central government and local agencies and trusts.

Dr. Andrew Coulson is Lead Consultant on Overview and Scrutiny at INLOGOV,University of Birmingham, with wide experience of Overview and Scrutiny.  He has recently launched one of the first assessed qualifications on the subject.  His further research interests include partnerships and governance, economic and environmental strategies, and local government in Central and Eastern Europe.

A ‘no’ vote for city mayors does not have to shut down discussion on how local political leadership can be strengthened

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Dr. Karin Bottom

Last week, ten English cities voted on whether  to alter the dynamics of leadership in their authorities and replace the current leader and cabinet formula with that of elected mayor, deputy and cabinet.  The rejection was almost unanimous, only Bristol registered a yes vote – but with a majority of less than seven per cent – and more than 60% of voters in Coventry, Leeds, Newcastle, Sheffield and Wakefield   prioritised the status quo above change.   To some this outcome was a surprise, yet  polls prior to the referenda were inconclusive at best and taken in conjunction with the uncertainty surrounding elected mayors, it is hardly surprising that the majority of the electorate chose to stay at home or vote no, average turnout being recorded at a particularly  low 32 per cent.

With a focus on what the office of mayor could do to regenerate cities  and enhance local democracy,  ‘yes’ campaigns were beset with problems from the  start, not least for the reason that pre election, the role of the elected mayor was to be broadly similar to that of council leader: specifics were to be negotiated after taking office and worryingly for some, a substantial amount of the role’s leverage would be the product of personality and an ability to maximise what are often termed as ‘soft’  powers.  Compounding these factors, the office’s confinement to cities – as opposed to regions – suggested that capacity for real change was somewhat more limited than proponents suggested.

Analysis in the aftermath of the referenda suggests that a number of factors contributed to the ‘no’ votes but it  is clear that the overriding sentiments within the electorate were uncertainty and confusion.  Voters were unsure about what they were being asked to endorse or reject and some argue that this explains why the   ‘no’ campaigns were particularly successful at tapping into and harnessing public sentiment.  Taken in the context of austerity, ongoing public service cuts and a generalised dissatisfaction with the political class, it is easy to speculate and suggest that the electorate was unenthusiastic about electing more politicians, especially when the nature of the role was unclear and guidelines for removing poorly performing mayors were minimal to say the very least: to many the office seemed nothing other than a risky and unnecessary expense.

Yet, the results on May 3rd should not shut down discussion on local political leadership. The mayoral model may have been rejected but the issue has not gone away; arguments for stronger more visible city leadership persist and the government has made it clear that it now sees the move towards elected mayors as incremental, cumulative and progressive: in this sense the debate continues.  Yet, now it might be useful to shift the focus somewhat and think about how leadership can be nurtured and maximised in the 339 non mayoral authorities in England because there is nothing to suggest that the qualities which comprise strong leadership sit only within the purview of  an elected mayor.  While  Joe Anderson and Ian Stewart take up their new mayoral posts  in Liverpool and Salford, they do so alongside 124 other English authorities which also underwent some form of political reconfiguration last week: it will be interesting to see  whether  the issues which catalysed the mayoral referenda will impact on future leadership dynamics in those local  authorities.

Karin Bottom is Lecturer in British Politics and Research Methods at INLOGOV, University of Birmingham.  Her core research areas comprise parties (particularly small and the BNP), party systems and party theory.  She is particularly interested in concepts of relevance and how national level theories can be utilised at the sub-national level.

Go Back to Committees – and Use All the Talent of Elected Councillors

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Andrew Coulson

A recent centre spread in the LGC has the headline “Committee System may be Outdated, Councils Warned”, even though the option to return to government by committees is one of the main planks of the Localism Act and a central plank of Conservative and especially LibDem policy.

The research reported on, by Ed Hammond of the Centre for Public Scrutiny, reports that four councils are expected to make the change in May 2012.  There will also be some “hybrid” arrangements, such as that likely to come into effect in Kent, where advisory committees are given greatly strengthened powers, even though technically decisions will remain in the hands of individual cabinet members, and the cabinet, though that is not expected to meet very often.

Up to 40 councils are believed to be giving serious consideration to making the change, including some of those where there will be mayoral referenda on 3 May.  If those referenda are lost, some of these councils may well revert to committee governance in May 2013.

Why?  Because, as they see it, committees are much more inclusive than any other form of governance. They give a voice to all the elected councillors, and potentially bring to the table all their talents. They make it harder to take decisions in secret. They give councillors a means of putting into effect the commitments they make when they stand for election, and they keep council officers on their toes because they can never be quite sure what will happen when they attend a committee – even if most of the major changes that might be made to a report will have been agreed in the group meeting of a majority party beforehand.  They also allow backbench councillors to specialise, and provide a means to induct them into how council services are run. They develop leadership – many strong leaders emerged over the years from the committee system.

This is not to say that committees were perfect or are inevitably the best solution. They can, and often were, criticised – for being slow to make decisions, leaving it unclear who was responsible for decisions, and for sustaining silos (such as Education authorities) which at times seemed to have little involvement with other parts of the council.  The criticisms can be answered. The committee system can be fast, and keep confidences, when it matters. With a cabinet, or indeed an elected mayor, leadership is still distributed – with chief executives or chief officers often the real leaders. Silos can be broken down if there is the political will to do so. But none of this is easy, and there were plenty of disillusioned and frustrated councillors and officers in the past. All we can say with confidence is that no system is perfect and that each council needs to work out what is best for its own purposes.

There are different forms of committee systems, ranging from a single committee with important decisions taken in full council (as in a number of the present Fourth Option councils, with populations less than 85,000, who have never given up their committees) to the massively complex structures in some counties and metropolitan districts before 2000 which had committees or sub-committees for almost everything that a councillor could become involved in – over 50 in total in one case. No-one is proposing to go back to that.

There have to be means of dealing with cross-cutting issues, urgent business between meetings, the size of committees and sub-committees, how often they meet, systems of councillors’ allowances, and policy review, to take but some of the issues of detail that must be addressed. Scrutiny will for most councils remain a function that needs to be done, and there are different ways of integrating it into a committee system. Maybe there is much to be said for not rushing into making the changes, and learning from what is happening now.

A day workshop at INLOGOV on 6 July will present a balanced picture and facilitate a discussion of the pros and cons of making the change and the detail issues that need to be taken into account in any new constitution.  Several of the councils making the change will be represented or make presentations. Ed Hammond, the researcher who wrote the Centre for Public Scrutiny report, will speak.  There will be comment from the Local Government Association, and support from FOSIG, the group that represents fourth option councils.

It will provide a unique opportunity to listen to the enthusiasts for making a change, and cross question them, and to understand the alternatives, and the possible downsides,  and the need to address the detail.  More about this workshop, including a booking form, can be found by clicking here.

Dr. Andrew Coulson is Lead Consultant on Overview and Scrutiny at INLOGOV,University of Birmingham, with wide experience of Overview and Scrutiny.  He has recently launched one of the first assessed qualifications on the subject.  His further research interests include partnerships and governance, economic and environmental strategies, and local government in Central and Eastern Europe.

Standards Codes: A Case of Motherhood and Apple Pie

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Philip Whiteman

Whilst giving a lecture to a group of councillors at a summer school last year, I explained how the Localism Bill could result in some authorities abandoning their codes of conduct for reasons of despair with the standards regime.  The response from councillors was enthusiastic and comments included ‘expensive, time consuming and irrelevant’.  Some predictably expressed the view that the ultimate judgement of what constituted poor behaviour would be subject to the ballot box.

Walk on stage, Baron Bichard of Nailsworth who took a very different view when introducing an amendment to the Bill in order to save the code.

“At a time when the public’s trust in politicians is at a low ebb, it is important that all public bodies have explicit standards of conduct, which make transparent how they will carry out their business and provide benchmarks against which they can be held to account.”

Bichard’s intervention and proposal was timely albeit rather late during the Bill’s progress through Parliament.  Without his amendment, local government would have made a backward step of forty years.  Quite why the government objected to the code is unclear but they clearly had a very short memory span.   The code was introduced following the Poulson corruption scandal of the early 1970s and eventually became a statutory requirement. It is true that the code did not rule out further scandals whether they be Donnygate, Shirley Porter orWalsall, but it has given existing councillors a handle on what is acceptable or unacceptable behaviour – a situation further reinforced through the standards regime and most recently, the inclusion of the Nolan Principles into statute.

The Act is quite original in that it is probably the first piece of legislation that lists the Nolan principles, which must be adopted by each authority. However, the rest of the code has to be determined by each authority in the spirit of localism.  This is particularly problematic for authorities not willing to ever make a decision without receiving central government guidance, many of whom will have been waiting for some months by now.

So, from stage left and four months after the Act becoming statute, welcome the Local Government Association and Department for Communities and Local Government along with their new illustrative codes of conduct. Both of their anticipated documents arrived during April and within a week of each other.  This may be coincidental but it did rather resemble a rather unsightly race of one-upmanship or desperation between the two institutions.

Unfortunately, neither code is likely to generate much excitement and seem to be rather ‘motherhood and apple pie’ and lacking in substance – probably a result of disagreement and a rush to publish.

When comparing both documents, one could easily question whether the institutions are addressing the same legislation.  Just taking three examples:

  • CLG’s illustrative code fails to list the Nolan principles (remember that was a requirement under the Act).
  • The LGA acknowledges that others should be treated with respect but the CLG code does not.
  • CLG incorporates narrative on the new Disclosable Pecuniary Interest – but this totally ignored within by the LGA

And the list could go on.

Monitoring Officers and their councillors have gained a tremendous experience over the past few years from the work in developing standards codes.  They will know what works and what does not.  True, existing codes will need to change and reflect the legislative requirements but my recommendation is that they reconsider the own existing codes rather than unquestioningly adopt the vagaries of either the CLG or LGA models.

Returning to my discussion with the group of councillors and their opposition to codes of conduct.   When challenged on how they would determine a breach of standards and how they would tackle an errant councillor, there was quick realisation that a code of conduct provides an essential framework for assessing poor standards and breaches of acceptable behaviour.  Unfortunately, I think those councillors will be sorely disappointed with the LGA or CLG examples.

Philip Whiteman is a Lecturer at the Institute of Local Government Studies.  He has research interests in the impact of central government and regulators on the role, service delivery and performance of local government and other local bodies.  He is currently looking at developing a case for researching how guidance is an important instrument for steering local government over and above legislative instruments.  He is also Editor of the journal Local Government Studies.