DCLG warns 11 councils of legal action "in weeks" over publicity code

Legal action could be taken “in a matter of weeks” if 11 councils fail to stop or justify actions considered not to be in compliance with the Publicity Code for local government, the Department for Communities and Local Government has warned.

The councils in the line of fire are:

  • Tower Hamlets – over its weekly East End Life publication and also provisions in the Code on lawfulness of council publicity;
  • Enfield;
  • Greenwich;
  • Hackney;
  • Hillingdon;
  • Lambeth;
  • Newham;
  • Waltham Forest;
  • Luton;
  • Medway; and
  • North Somerset.

The DCLG said formal notice letters had been sent to each authority setting out ministers’ concerns over compliance with the Recommended Code of Practice on local authority publicity, which applies to councils in England.

The Code states that local authorities should not issue newsletters, news-sheets or similar communications more frequently than quarterly. The exception is parish councils, which must not issue them more frequently than quarterly.

The councils will have 14 days in which to show why a legal direction from the Secretary of State for Communities and Local Government, Eric Pickles, is unnecessary.

The DCLG said a failure to follow any subsequent legal direction could lead to a court order requiring compliance.

Local Government Minister Kris Hopkins said: “Frequent town hall freesheets are not only a waste of taxpayers’ money but they undermine the free press. Localism needs robust and independent scrutiny by the press and public.

“Councillors and political parties are free to campaign and put out political literature but they should not do so using taxpayers’ money.

“This is the eleventh hour for 11 councils who we consider are clearly flouting the Publicity Code. They have all now been given written notice that we are prepared to take further action, should it be necessary, against any council that undermines local democracy – whatever the political colour.”