Local government professional groups publish Code of Practice for statutory officers

A code of practice for local authority statutory officers authored by Lawyers in Local Government (LLG), the Chartered Institute of Public Finance and Accountancy (CIPFA) and Solace has been published today.

In a joint statement announcing the launch of the code of practice, the three bodies said they produced the document after finding that legislation, policy and guidance underpinning local government "is largely quiet with respect to governance, save for defining the powers of statutory officers when things go wrong".

The organisations said the guidance provides best practice and sets expectations for the Head of Paid Service, Chief Finance Officer, and Monitoring Officer – otherwise known as the governance 'Golden Triangle' – in an effort to avoid governance failures.

The document, titled Code of Practice on Good Governance for Local Authority Statutory Officers, notes that: "When done well, the postholders can leave an authority with a lasting, inspiring legacy. 

"However, as recent failures have clearly and repeatedly demonstrated, where the posts do not operate effectively as a team, their advice is not afforded proper respect, where there is a poor culture, or what they have to say is not heard or understood, governance and decision making suffers and the consequences for local communities can be severe."

The 22-page Code is centred around the 'seven standards of the golden triangle', which are intended to provide guidance to the three officers, explain the roles more clearly to those operating closely with the statutory officers, and provide context for conversations about the roles, the requirements, and actions to be undertaken, the document notes.

The seven standards of the Golden Triangle are:

1. Understand Governance: Roles and responsibilities.
2. Act Wisely: A duty of enquiry & the exercise of statutory functions.
3. Lead Ethically: The Seven Principles of Public Life.
4. Act Effectively: Robustness in working arrangements.
5. Resource the Roles: Get the tools to do the job.
6. Build Resilience: Deputies and development.
7. Deliver sound decision making: The outcome of good governance.

Phil McCourt of law firm Bevan Brittan, who helped draft the Code, described the guidance as a "significant moment in the local government world, with LLG, CIPFA and Solace all coming together for the very first time to create this vital new guidance".

He said: "The code provides clear information on the expectations for those holding these crucial roles within local authorities, ensuring that they continue to operate to the highest standards."

Helen Bradley, Monitoring Officer & Governance National Lead for LLG, meanwhile said: "The Code is a great foundation to help raise awareness of the roles of these statutory officers, particularly the Monitoring Officer, which is perhaps the least understood of the three.

"The Code provides a building block for further strengthening relationships to enable good ethical governance and prevent failure."

Iain Murray, Director of Public Financial Management at CIPFA, said: "The Code provides clear and helpful guidance on the leadership responsibilities of the officers in the 'Golden Triangle' to work together on good governance.

"This is best enabled when the Chief Finance Officer and the Monitoring Officer are full and active members of the authorities Senior Leadership Team."

Adam Carey