Q&As

Q&As

These Q&As seek to address briefly common questions faced when dealing with Local Government matters.

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Latest Local Government News

IPPR report recommends democratic reforms for English devolution and community empowerment bill

The Institute for Public Policy Research (IPPR) North has published a report examining the democratic implications of the government’s local government unitarisation agenda under the English devolution and community empowerment bill. The report assesses proposals to abolish the remaining two-tier county and district councils, affecting around 29% of England’s population, and replace them with larger unitary authorities. While the government argues that unitarisation will simplify governance, improve efficiency and support mayoral devolution, the report identifies risks to local democracy, including fewer councillors, less frequent elections and greater distance between communities and decision-makers. It notes evidence that larger authorities can weaken trust, reduce participation and diminish citizens’ sense of political efficacy, but contends that reorganisation also offers an opportunity to address existing weaknesses in local democratic engagement.

First-tier Tribunal (Mental Health) powers to recommend leave under section 72(3) of the Mental Health Act 1983 WM v Bradford District Care NHS Foundation Trust

Local Government analysis: The First-tier Tribunal (Mental Health) (FTT) reviews the cases of patients detained under the Mental Health Act 1983 (MeHA 1983). This judgment provides a helpful precedent for practitioners seeking to rely on the full scope of the tribunal’s powers when considering statutory recommendations for leave. The Upper Tribunal (UT) confirmed that the FTT is entitled to recommend that a patient be granted unescorted leave under MeHA 1983, s 72(3) where such a recommendation would assist in facilitating discharge. Crucially this power is not limited by the fact that a responsible clinician has already granted leave under MeHA 1983, s 17 which authorises temporary absence from hospital. Written by Clive Adams, partner and Zack Plunkett, graduate solicitor apprentice at Birketts LLP.

DfE introduces price bands and statutory standards for independent special schools

The Department for Education (DfE) has announced new measures to regulate independent special school fees and standards in England in order to reduce costs to local authorities and improve outcomes for children with special educational needs and disabilities (SEND). The government stated that independent special schools charge an average of £63,000 per pupil each year compared with £26,000 in state special schools, with no evidence of better outcomes, and noted that over 30% are backed by private equity firms, raising concerns about public funds contributing to profit. In response to rising demand and increasing reliance on expensive placements, it will introduce national price bands to limit unjustified fee variation, implement new statutory SEND-specific standards, require full cost transparency, and give local authorities a formal role in approving new or expanding provision to ensure places reflect local need and are financially sustainable. The measures form part of wider reforms ahead of the forthcoming Schools White Paper, supported by £3.7bn to create 60,000 specialist places in mainstream schools and £200m for workforce training, with the government citing research that comparable pupils with Education, Health and Care Plans in mainstream schools are more likely to be entered for General Certificate of Secondary Education and achieve on average half a grade higher in English and mathematics than peers in special schools.

DfE publishes response to consultation on children's social work post-qualifying standards

The Department for Education (DfE) has published its response to a consultation (from 20 March 2025 – 28 May 2025) on post-qualifying standards and induction for child and family social workers in England. The consultation response sets out proposals to enhance early career support and replace current post-qualifying standards with clearer professional outcomes for new social workers, including descriptors of competencies required by the end of their second year. Implementation of the early career standards for child and family social workers is scheduled to commence on 1 April 2027.

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