Davy Jones Consultancy

So, as promised/threatened, CLG has produced its one page Best Value Guidance to replace all the previous stuff. You can find it here: http://www.communities.gov.uk/documents/localgovernment/pdf/1976926.pdf

The Government has revoked the whole 2008 statutory guidance "Creating Strong, Safe and Prosperous Communities", which included general Best Value guidance on commissioning. And the introduction to this new Best Value Guidance reiterates the Government's intention to repeal the statutory duties to prepare a Sustainable Community Strategy and the Duty to Inform, Consult & Involve.

For those of us committed to more and better citizen participation, that is a blow, in my opinion.

But interestingly, the new one-pager DOES include some commitments around consultation.

First, the Guidance makes the following point:
"To achieve the right balance–and before deciding how to fulfil their Best Value Duty– authorities are under a Duty to Consult representatives of a wide range of local persons; this is not optional. Authorities must consult representatives of council tax payers, those who use or are likely to use services provided by the authority, and those appearing to the authority to have an interest in any area within which the authority carries out functions. Authorities should include local voluntary and community organisations and small businesses in such consultation. This should apply at all stages of the commissioning cycle, including when considering the decommissioning of services."

It references the 1999 Local Government Act Section 3 Part 2, which states:

"1) A best value authority must make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

(2) For the purpose of deciding how to fulfil the duty arising under subsection (1) an authority must consult:

(a) representatives of persons liable to pay any tax, precept or levy to or in respect of the authority,

(b) representatives of persons liable to pay non-domestic rates in respect of any area within which the authority carries out functions,

(c) representatives of persons who use or are likely to use services provided by the authority, and

(d) representatives of persons appearing to the authority to have an interest in any area within which the authority carries out functions.

(3 )For the purposes of subsection (2) “representatives” in relation to a group of persons means persons who appear to the authority to be representative of that group."

Interestingly, the new Best Value Guidance then goes on to argue strongly for local consultation especially on budgetary matters in hard times:

"An authority intending to reduce or end funding (where ‘funding’ means both grant funding and any fixed term contract) or other support to a voluntary and community organisation or small business should give at least three months' notice of the actual reduction to both the organisation involved and the public/service users.
• An authority should actively engage the organisation and service users as early as possible before making a decision on: the future of the service; any knock- on effect on assets used to provide this service; and the wider impact on the local community.
• Authorities should make provision for the organisation, service users, and wider community to put forward options on how to reshape the service or project. Local authorities should assist this by making available all appropriate information, in line with the government's transparency agenda."

Personally, I thought the 2008 statutory guidance "Creating Strong, Safe and Prosperous Communities" was a good document - full of sensible joined-up thinking. And I thought the Duty to Inform, Consults & Involve was a good thing too on balance. But if those who wanted its repeal thought it would justify any intention to drop doing serious consultation with people over matters that affect them, then this new one page Guidance will be a disappointment. Its stress on the key role of consultation and its reference back to the 1999 Local Government Act provisions on consultation, which have not been scheduled for repeal, are most welcome, and will help consultation professionals make the case for the ongoing need for information, consultation and involvement.