Local people can
now demand their councils take action on underperforming schools
and hospitals, drink disorder, anti-social behaviour and other
concerns under new rules giving real power to local petitions,
announced Communities Secretary John Denham today.
The Government announced today that it has put in place the legal
steps to bring into force on June 15 a statutory duty on councils
so they have to respond to petitions for the first time and tell
local people what action is going to be taken to address their
concerns.
This important step in the Government’s drive to ensure
communities receive the high quality local services they are
entitled to will mean no council can ignore a petition or put it
on the shelf to gather dust.
Every council will now have to set out clearly how local people
can submit both paper and electronic petitions. Popular petitions
will trigger a debate of the full council or require a senior
council officer to answer to scrutiny hearings.
New statutory guidance published today sets out exactly how
councils will be expected to respond to all petitions, especially
on four key areas.
- On underperforming schools - councils should consider the most
effective action including issuing a warning notice to immediately
improve standards and could appoint more governors, remove budgets
or ultimately consider closure if they fail to comply.
- On alcohol related crime and disorder - in areas blighted by
alcohol fuelled disorder, councils should consider making it an
offence to refuse to stop drinking when asked by police, or to
charge licensed premises for additional policing.
- On
underperforming hospitals - where communities are concerned about
issues like poor hygiene, councils should consider asking their
scrutiny committee to investigate, which has powers to review
services, request information from NHS bodies, and make urgent
recommendations.
- On anti-social behaviour - councils will be expected to
consider using the wide range of powers available to them and to
work with police on actions such as setting response times for
complaints about noise or neighbours
Communities Secretary John Denham said:
"Petitions are an important democratic way to raise
concerns that matter most to people. As the locally elected
representatives, councillors are there to fight the corner for
residents and make sure services are delivered.
"The changes we are putting into effect today will
activate petitions so they hold real sway - people will know
it's worth taking the time to take a stand because it
will finally make things happen.
"For the first time, councils will need to respond to
petitions and let people know what they're going to do
about underperforming local services."
All councils receive petitions, and some of them deal with them
well. However a survey by the LGA found that only 28per cent of
councils guarantee an automatic response to petitions. The
petitions provisions will bring the standards of all councils up
to those of the best.
Lambeth’s new e-petitions facility makes clear links between
petitions and council decision making.
Bristol Council responded to a resident’s e-petition for better
lighting on the Bristol to Bath cycle path following incidents of
anti-social behaviour by local youths. The petition was used by
Bristol City council as supportive evidence to install better
lighting on the cycle path, cut back shrubbery and increase the
police presence
More than two and a half thousand people opposed the closure of a
local library in Kingston upon Thames through a petition. The
council chose to find savings in other ways and Tudor Drive
Library remains open and popular today.
Matthew Scott, Director of the Community Sector Coalition said
"We support the petitions duty as an important and
innovative tool for devolving power to local people. We need to
make local democracy work in a number of accessible and practical
ways that wire people into the structures of local decision making
and create space for improving, influencing and contesting
decisions made in their name. Petitions, alongside other community
based interventions, can achieve this."
Toby Blume, Chief Executive of Urban Forum added:
"This is an important tool to increase citizens’
influence over local decision-making. Petitions are a tried and
tested way for citizens to raise their concerns and make their
opinions known. Giving people the right to get a response to a
petition will increase public accountability and give a real boost
to democratic engagement."
Local authorities already have a wide range of powers and
influence at their disposal to respond to issues raised in
petitions. Examples include:
- On anti-social behaviour - asking the courts to grant an
Anti-social Behaviour Order (ASBO); applying to the courts for a
Premises Closure Order to close properties where there is
persistent nuisance or disorder; making a Gating Orders to
restrict access to any public highway to prevent crime or ASB;
providing intensive, non-negotiable behavioural support through
family intervention projects to perpetrators of anti-social
behaviour and their families
- On alcohol related crime and disorder - placing restrictions on
public drinking in the area by establishing a Designated Public
Place Order or, as a last resort, imposing an Alcohol Disorder
Zone. When an Alcohol Disorder Zone is established, the licensed
premises in the area where alcohol related trouble is being caused
are required to contribute to the costs of extra policing in that
area
- On under-performing schools - issuing a warning notice
outlining expectations and a timeframe for improvement; for
schools that have failed to comply with a warning notice or are in
an Ofsted category of notice to improve (requiring significant
improvement) or special measures, authorities can also appoint
additional governors, establish an interim executive board, remove
the school’s delegated budgets, require the school to enter into a
formal contract or partnership or (only if the school is in
special measures) require its closure.
- On under-performing hospitals - asking the council’s scrutiny
committee to investigate concerns on issues like poor hygiene -
the committee has powers to review services, request information
from NHS bodies, and make urgent recommendations; work with Local
Involvement Networks, which have powers to carry out spot checks
and seek information and responses from health service providers.
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Notes to Editors
1. The petitions duty in contained in the Local Democracy,
Economic Construction and Development Act 2009. The majority of
the duty on local authorities will come into force on 15June 2010,
the e-petitions requirements will then come into force on 15
December 2010.
2. The new guidance ‘Listening to communities: Statutory guidance
on the duty to respond to petitions’ can be found at www.communities.gov.uk/publications/communities/dutyrespondpetitionguidance.
3. The government response ‘Listening to communities: Government
response to the consultation on draft statutory guidance on the
duty to respond to petitions’ can be found at www.communities.gov.uk/publications/communities/dutyrespondpetitionsgovresponse.
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