LGA seeks clarity on legal privilege and criminal offences in duty of candour bill

It also said it will ask Whitehall about the extent to which the new provisions would apply to contractors and suppliers, such as joint ventures and arms-length bodies, as well as clarity on the breadth of the new criminal offences, including what is defined as a seriously improper act.

The bill, which was trailed in the King's Speech last week, will create a duty of candour for public servants and create new obligations on public bodies and officials to help investigations by providing information and evidence with candour, proactively, and without favouring their own position.

The professional duties of candour will be set out in mandatory ethical codes, with potential consequences up to and including gross misconduct for those who do not comply, the Government said last week.

It also announced that the bill will introduce "clear individual accountability for creating and spreading false narratives" through the creation of the offence of misleading the public.

In addition, the bill creates a new offence of misleading the public and reforms the offence of misconduct in public office through new offences of serious impropriety and breaching a duty to prevent death or serious harm, both carrying custodial sentences.

Responding to the news, the LGA pledged to work with the Government to understand the implications of the Bill for local authorities, including the need to put in place systems to fulfil the duty of candour, to review their own codes of conduct, and to provide training to councillors and staff.

It also said it would work alongside Whitehall to review procurement and the additional resources needed for inquiries and inquests, including the additional pressures on coroners’ budgets.

The response added: "In addition the LGA will raise with Government how this legislation will interact with legal professional privilege, data protection and confidentiality laws, the extent the new provisions apply to contractors and suppliers such as joint ventures and arms-length bodies, and clarity on the breadth of the new criminal offences including what is defined as a seriously improper act."

The LGA also welcomed proposals in the Education for All Bill to reform the SEND system, saying councils had “long been calling for reform of the education system to ensure the needs of more children and young people with SEND can be met within mainstream settings where appropriate and without the need for a statutory plan”.

The association said it looked forward to working with the Government, parents and carers, and children and young people themselves to co-produce the reforms, but warned that implementation would need to be phased over time and backed by sufficient funding.

It added that while the Government’s recent decision to write off 90% of councils’ historic Dedicated Schools Grant deficits would provide “breathing space”, councils would still face around £500m in residual debt while new deficits were forecast to accrue. The LGA said the Government “must commit to ensuring that all DSG deficits are written off” before the statutory override ends in March 2028.

Responding to proposals in the Representation of the People Bill, the LGA said elections should remain a “no fail” service and backed measures to improve voter registration, while warning that councils were already under significant financial and capacity pressures.

The association also called on the Government to consolidate electoral legislation into a single framework, arguing the current system is “incredibly complex and difficult to navigate for both voters and administrators”.

It further expressed disappointment that councillor standards reform was absent from the King’s Speech, saying it would have supported legislation introducing a strengthened regime, including a mandatory code of conduct and stronger sanctions.

On proposals to introduce an overnight visitor levy, the LGA reiterated its support for devolving powers to local areas, arguing the measure could enable “significant investment in the visitor economy”.

The association said councillors and mayors should be able to jointly decide whether to introduce a levy and have flexibility over the scope and rate charged. It also called for revenues raised through the levy to be reinvested in tourism-related services and infrastructure, including culture, heritage, transport, parks and waste collection.

The LGA added that short-term lets such as Airbnbs should be included within the scope of any levy and urged Government to introduce a national registration scheme for short-term lets to support collection and enforcement.

Adam Carey