Powers and duties

Legal status of local authorities

Local authorities (LA) are statutory corporations, created by Parliament as single legal entities, as described in Hazel v Hammersmith and Fulham:

local authority, although democratically elected and representative of the area, is not a sovereign body and can only do such things as are expressly or impliedly authorised by Parliament’.

There are many such statutory provisions, some providing an overall framework but most charge the authority with carrying out one among many, sometimes competing, functions of a council or local authority for a particular purpose.

Specific statutory powers are granted relating to the LA’s duties in service provision and commissioning which are covered in the adult and children’s social care, education, environmental law, highways, licensing, public procurement and social housing specialist topics. The governance topic generally and this subtopic particularly is concerned with the wider powers and duties that overlay specific statutory duties and form the cornerstone of good governance for a LA.

Central to exercise of good decision making is analysis of the following fundamental questions:

  1. is there statutory authority to make this decision?

  2. is the decision

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Latest Local Government News

Supreme Court allows Secretary of State’s appeal in Article 14 challenge to BSP contribution condition—R (Jwanczuk) v Secretary of State for Work and Pensions

The Supreme Court unanimously allowed the Secretary of State’s appeal in R (Jwanczuk) v Secretary of State for Work and Pensions, ruling that the respondent was not entitled to bereavement support payment (BSP). The respondent, whose late wife had not worked (and thus had not paid national insurance contributions) due to her disability, had challenged the contribution condition for BSP under Article 14 and Article 1 of the First Protocol (A1P1) to the European Convention on Human Rights (ECHR). The respondent’s claim had succeeded before the High Court and Court of Appeal of England and Wales, which applied a Northern Ireland Court of Appeal (NICA) decision on similar issues. Allowing the Secretary of State’s appeal, the Supreme Court noted that while rulings of the appellate courts in England, Wales, Scotland, and Northern Ireland should be considered persuasive in similar legal matters arising in other UK jurisdictions, the weight given to those rulings will depend on various factors. In this case, the Supreme Court considered there were good reasons for departing from the NICA decision. On the question of unlawful discrimination, the Supreme Court found the BSP contribution condition to be justified in pursuit of legitimate aims, striking a fair balance between the rights of individuals impacted and the interests of the community as a whole. Lord Reed and Lady Simler gave a joint judgment, with which the other members of the Court agreed.

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