Local authority prosecution powers

Section 222 of the Local Government Act 1972 (LGA 1972) gives local authorities power to prosecute criminal offences investigated by their own departments.

Potential defendants may include:

•
companies
•
limited liability partnerships (LLPs)
•
partnerships
•
sole traders
•
unincorporated associations, eg clubs
•
individuals

An investigating officer will need to establish evidence of:

•
the identity of the offender
•
the nature of the act
•
any knowledge, intention or recklessness required

Consideration should also be given to any possible defences which might be raised at trial eg due diligence, since the legal burden of disproving a defence will be on the prosecution.

Practice Note: Local authority investigations explains the powers given to local authorities to investigate criminal offences under the LGA 1972. The scope of enforcement powers available to local authorities is also considered. The Practice Note also includes evidential issues that may arise, how evidence is gathered, the taking and the format of witness statements, interviewing suspects, interviewing a corporate body and the decision to prosecute.

Investigators—checklist highlights some key questions and issues which

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Local Government News

MHCLG launches consultation on social rent convergence as part of 2026 rent policy reform

The Ministry of Housing, Communities and Local Government (MHCLG) has launched a consultation seeking views on a new Direction to the Regulator of Social Housing (RSH) in relation to social housing rent policy from 1 April 2026 that includes social rent convergence. This follows MHCLG's consultation on future social housing rent policy published in 2024. The proposed Direction would require the RSH to set a regulatory standard on rents that will apply to registered providers of social housing, including private registered providers (such as housing associations) and local authority registered providers (local authorities with retained housing stock). The Direction is issued under section 197 of the Housing and Regeneration Act 2008 (HRA 2008), which gives the Secretary of State the power to direct the RSH to set and define the content of rent standards. Once issued, the Direction is binding. The proposed Direction has been published alongside the consultation, with responses sought by 27 August 2025.

DHSC announces 10-year NHS reform plan

The Department of Health and Social Care (DHSC) has published ‘Fit for the Future: 10 Year Health Plan for England. The plan aims to reinvent the NHS through three shifts: from hospital to community, analogue to digital and sickness to prevention. The plan outlines measures to align Integrated Care Boards (ICBs) with strategic local authorities by 2035, aiming to streamline NHS-local government collaboration. Local authorities will gain increased involvement in preventative healthcare delivery through new partnership arrangements. The plan aims to introduce neighbourhood health centres in every community, to be delivered in partnership with local government. Procurement processes will be streamlined, with a single national formulary for medicines to be implemented within two years. The reforms include potential Public Private Partnership arrangements for neighbourhood health centres, subject to autumn budget approval. ICBs will become strategic commissioners of local healthcare services, with enhanced powers to work alongside local authorities in health service delivery. The Local Government Association says that the ‘crucial role of councils must be recognised’ in delivering the plan, with success depending on full engagement and collaboration with councils nationwide.

HCLG Committee launches inquiry to assess housing condition improvements in England

The Housing, Communities and Local Government (HCLG) Committee has initiated a new inquiry into housing conditions in England, with a particular focus on hazards such as damp and mould in both the social housing and private rented sectors. The inquiry will evaluate the effectiveness of the proposed reforms to the Decent Homes Standard, Awaab’s Law, and the Renters’ Reform Bill, as well as measures designed to ensure the quality of new-build homes in line with the government’s target of constructing 1.5 million new homes. Additionally, it will examine conditions in temporary accommodation and assess how technology, regulation, and local authorities can address poor housing conditions. Public evidence sessions are scheduled to begin in September 2025, and written submissions will be accepted until 15 August 2025.

Children’s Commissioner calls for regulation of unregistered AP

The Children’s Commissioner has called for the regulation of unregistered alternative provision (AP). This follows widespread use of unregistered AP providers, as detailed in the Commissioner’s latest report, which found that 24,325 children were placed across 27,091 unregistered AP placements in 2023–2024, some children experiencing multiple placements. The report also identified 91 unregistered AP provider settings operating as potential illegal schools as of January 2023–2024, attended by over 1,000 children. The Children’s Commissioner warns that unregistered AP poses significant risks to the quality of education and safety of children, particularly where staff lack sufficient training and some providers being run by individuals with serios criminal histories.

View Local Government by content type :

News