PARLIAMENTARY DEBATE
Birmingham City Council - 19 September 2023 (Commons/Commons Chamber)
Debate Detail
Birmingham is a great city with a wonderful, diverse, creative and enterprising population. It has real economic, cultural and educational strengths. But Birmingham City Council has not served the citizens of that great city as it should have. For years now, the city has suffered as the council has failed to grip underperformance. Poor leadership, weak governance, woeful mismanagement of employee relations and ineffective service delivery have harmed the city. Senior leaders—both elected members and officers—have come and gone, but the one constant has been a failure to deliver for residents who deserve better. I believe strongly in local government, local decision making and devolution of power to local communities. But I also believe that when failures in local government occur, we must act. As we devolve more power to local government overall, we must demand sharper accountability. The need for action in Birmingham is pressing.
On 5 September the council’s chief financial officer issued a section 114 notice, which set out the full gravity of its financial situation. As a result, and as I will set out to the House, I am satisfied that Birmingham City Council is failing to comply with its best value duty. In line with the Local Government Act 1999, therefore, I can announce that I am today writing to the council to set out my proposal to intervene and to appoint commissioners, and that I intend to launch a local inquiry in due course. I do not take those decisions lightly, but it is imperative to protect the interests of the residents and taxpayers of Birmingham, and to provide ongoing assurance to the whole local government sector. Copies of the letter have been provided to the Vote Office, and will be deposited in the House of Commons Library and published on gov.uk.
It may be helpful to the House if I outline how we in Government arrived at this position. In 2014, the independent Kerslake report, commissioned after the “Trojan horse” investigation into a number of Birmingham schools, found that successive administrations had failed the city. It warned that the council lacked a clear vision, had failed to tackle deep-rooted problems such as the low level of skills, and was not doing enough to provide consistently good quality services. The report’s author, the late Lord Kerslake, also highlighted a culture of sweeping problems under the carpet or blaming them on others, rather than tackling them head on.
The problems Lord Kerslake identified have, unfortunately, endured. In April 2023, the Minister for Local Government, the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for North East Derbyshire (Lee Rowley) asked the then council leader, Councillor Ian Ward, to commission an independent governance review. He was prompted to act after governance and service delivery concerns were raised by three independent sources: the local government and social care ombudsman, the housing ombudsman, and the Department for Education’s commissioner for special educational needs and disability at the council. The scope of the review was then extended to include two further serious issues which subsequently came to light: the flawed implementation of a new financial ledger system, Oracle; and the council’s handling of its significant equal pay liabilities. The council’s response to both issues has caused concern, highlighting significant shortcomings in its governance arrangements, and in its ability to identify and resolve areas of weakness. Last month, my hon. Friend wrote again to the leader, seeking assurances about whether the council was compliant with its best value duty in relation to decisions on equal pay and Oracle. To date, there has been no response.
We understand that a number of factors led the chief financial officer of the council to issue the section 114 notice last Tuesday, as laid out in the report. These included concerns raised by the external auditors, Grant Thornton, around the provisions for equal pay in prior year accounts. The independent auditor’s assessment was that the revised estimated equal pay liability is likely to be more than £760 million, and there is a risk it could be much higher. That means, in turn, that the 2020-21 and 2021-22 accounts were materially mis-stated, and that the council did not have sufficient reserves to mitigate the cost of the liability due for those years. In addition to the acute financial position stemming from equal pay, the council is dealing with other difficulties. They include the costs of resolving the botched Oracle implementation, estimated at £100 million.
The residents and businesses of Birmingham deserve better. The intervention package I am proposing today is formed of two complementary parts. First, I propose to issue statutory directions to the council and appoint commissioners to exercise certain functions of the council as required. Secondly, I intend to launch a local inquiry to consider the more fundamental questions around how Birmingham got to this position and options for how it can become a sustainable council moving forward that secures best value for its residents.
I am proposing the transfer, to the commissioners, of the exercise of all functions associated with the council’s governance and scrutiny of strategic decision making, and all functions relating to senior appointments. As part of the proposed direction, the council would, under the oversight of the commissioners, prepare and agree an improvement plan within six months, which would set out the council’s own plans to make the necessary improvements to the whole council to return it to a sustainable financial footing. The commissioners will provide advice and challenge to the council across its operations and will have powers to make decisions directly should they deem that necessary. My hope is that the commissioners would not need to use all those powers. None the less, they must, in my view, have the necessary mandate to deliver the reforms that are required. The commissioners will give me, and I will in turn give the House, a progress report at regular intervals.
I judge that the scale and nature of the failings at the council, its precarious financial situation and its failure to provide sufficient assurance to Government that it is taking adequate action to address these issues are all highly concerning. I acknowledge that the council is working with the Local Government Association on its own proposals on improvement, and I have met the leader of the council to hear his plans, but in accordance with the legislation, I have now informed the council that I am minded to implement the package I set out today to protect the interests and services of the people of Birmingham, and have given the council five working days to make representations on the proposals I have set out today.
I am specifically minded to appoint Max Caller, an experienced local government professional and commissioner, to lead the intervention. I will also welcome representations from Members of this House and others who may wish to contribute their views. I thank Birmingham’s MPs for their engagement over the course of the last week, especially my hon. Friend the Member for Birmingham, Northfield (Gary Sambrook), who has been particularly closely engaged with the issue throughout.
It is important that we all get to the bottom of how we found ourselves in this position. That is why, as well as sending in commissioners, I am today making it clear that we need a local inquiry that can look at all the deep questions, including by assessing the council’s ongoing management of issues identified in the Kerslake review in 2014 and the subsequent non-statutory intervention. We will consider options for how Birmingham can improve in the future. I should make it clear that everything I am saying today is not a reflection on the many hard-working staff at Birmingham City Council who continue to deliver essential frontline services for Birmingham residents.
Birmingham is not the only council where we have seen significant local failure. There have been problems in recent times at Liverpool, Sandwell, Slough, Nottingham, Thurrock, Woking and Croydon. The Government have not hesitated to act where poor decision making and governance have been identified. The newly established Office for Local Government, our performance body for England, will have an important role to play in future where local authorities are identified as being at risk of potential failure. It will bring council leaders together with others in local government to explore problems in more detail.
Tougher scrutiny is vital when more decision making and budgets are passing from central Government into the hands of local politicians and officials. When local leaders fail, it is citizens who are let down—whose rubbish is not collected, whose libraries cannot open and whose vulnerable people are not adequately protected. Birmingham’s record is of ineffective, inefficient and unaccountable local government, despite our best efforts and significant support. That needs to change. I will take whatever steps are necessary to uphold the good name of local government and to protect the residents of that great city. I commend this statement to the House.
This is a deeply worrying time for people in the city. The issues facing the council are difficult and complex, and administrations of all three major political parties have grappled with them in the years since they emerged. Since May, the new leadership in Birmingham have been working urgently on this issue and have been clear that they will take responsibility for tackling the problems facing their city, but they can only make that progress if the Secretary of State treats them as partners, and not as a political football.
I welcome the comments the Secretary of State has laid out today in regard to the action and support he will give Birmingham, but can he assure us that the commissioners will work with the city’s elected representatives and leadership to tackle these problems together? Is his Department considering a similar approach to other struggling councils? Will his officials be taking a deep dive into the areas he mentioned in his statement?
In Birmingham’s case, the Secretary of State mentioned the large equal pay settlement as the straw that broke the camel’s back, but he also told us that governance and service delivery concerns were raised by three independent sources: the local government and social ombudsman, the housing ombudsman and the Department for Education’s commissioner for special educational needs and disability. That came after Lord Kerslake’s review, which found that successive administrations had failed the city. Yet he provided no support until the section 114 notice. Why does it take that for the Government to take action on this scale?
Like the rest of the country, Birmingham is facing the shock of spiralling inflation and battling a cost of living crisis, but in the face of all of this, the Government stripped away its reserves. Can the Secretary of State confirm that that amounts to £1 billion taken from the pockets of local communities over the last decade? He surely cannot deny that Birmingham has experienced some of the most severe cuts of the last 13 years, and he must recall that it was this Prime Minister who boasted of changing the funding formulas to take money away from deprived urban areas. Now, faced with an eye-watering equal pay claim, with which the leadership are rightly dealing, Birmingham has been pushed over the edge.
As the Secretary of State admitted, this is by no means a single case. Local authorities across the country are struggling, and, after 13 years, he cannot seriously say that it is all their own fault. Perhaps he can confirm that only one council issued a section 114 notice before his party took office in 2010, and that since then eight councils have issued notices, with warnings that another 26 are at risk of bankruptcy over the next two years. Can he tell us why so many local authorities of all political stripes have already issued section 114 notices on his watch? This is not a one-off, so what work is his Department doing to support local authorities that are warning of financial distress now?
The truth is this crisis in local government has been caused by the Conservatives’ wrecking ball. With every swing, another local council is pushed to the brink and another local community falls over the edge. That is the difference between us. A Labour Government would oversee sustainable, long-term funding for councils, and we would work with local authorities and push power, wealth and opportunity out of Westminster. The Secretary of State finished his statement by talking about upholding the good name of local government. Surely we can all agree that central Government have real questions to answer. Will the Secretary of State finally grasp the nettle and take responsibility, or is his message to local councils today that this is just the start of more misery to come?
Given that the right hon. Lady did mention the party politics of this, I think it important for us to recognise that the intervention in Birmingham, and our interventions in Sandwell and Liverpool, have all been interventions in Labour-led local authorities in which comprehensive mismanagement extended back over years. It is simply not good enough to say that Birmingham has not received the support that it needed. Birmingham has a core spending power of £1,202.4 million. That is a 10.6% increase in the last year, and a 31.8% increase since 2015-16.
Labour local authorities have been supported with funding, and also supported with the help of West Midlands Combined Authority. There is a striking factor in the west midlands: why is it that Labour Sandwell and Birmingham are failing, while the Conservative leadership of Andy Street has seen the delivery of record investment and record house building? If people want to draw political lessons from what we have seen in Birmingham, the message is very clear: if you want effective and efficient local government, trust in Conservative leadership, particularly at a time when we need to recognise that a fundamental problem afflicting Birmingham’s finances is an equal-pay problem exacerbated by the actions of trade unions—trade unions which, in many cases, are funding Front-Bench spokesmen for the Labour party. It is vital that Labour politicians use their influence to ensure that we can work together to deal with the problems that that great city faces.
No doubt there have been problems in all these councils, but does the Secretary of State accept there is some overarching responsibility for a Government who delivered austerity to councils—bigger cuts than in any other part of the public sector—and that while by and large local government has managed extremely well, some councils have gone over the edge? Does he also accept that other councils may now be facing the brink? He has an expert unit in his Department advising him. Can he tell us how many councils he thinks are now on the brink of section 114 notices, and what action he will take to help them in advance?
It is also important to say that while I will of course continue to fight for local government finance—and, at the last spending review, I secured the biggest increase for over a decade—it is nevertheless incumbent on elected leaders and officers to continue to deliver services efficiently. That is why our new Office for Local Government will hold councils effectively to account while also highlighting the best practice that is so widespread in local government, and which sees many councils continue to deliver high-quality services without getting into the sort of trouble that Birmingham has got into.
It is also the case, as the hon. Gentleman rightly points out, that we need to improve the audit function within local government overall. The Redmond report and others have pointed to the need to do so, and I believe that the new Office for Local Government will provide an even more rigorous early-warning system, if things are likely to go wrong, as well as—this is equally important—celebrating those local authorities, of all political colours, that are doing a good job so we can learn from them.
In the light of the best value inspection, which found that the position had been exacerbated by annual elections and constant electioneering, will my right hon. Friend consider whether those lessons need to be read across local government? I remind him that, going back as far as 2019, previous Ministers, the Chartered Institute of Public Finance and Accountancy and the National Audit Office all warned Thurrock of the recklessness of its policy, yet councillors and officers failed to act. Do we need to consider statutory powers for a sanction in those circumstances?
My hon. Friend has been a consistent voice in challenging underperformance at Thurrock Council, and a brave voice in attempting to face down populism in her constituency, in order to do the very best for her constituents.
More seriously, the local authority faces challenges, but Blackpool’s two Members have been very successful in securing additional central Government expenditure to help to regenerate the centre of Blackpool and to secure new investment. Whatever views one might take of Blackpool Council—and it does seem as if it is paying slightly more for its trees than it could have paid in most garden centres—central Government have nevertheless shown how partnership and levelling up can secure real change.
Can the Secretary of State tell us whether we can find a way to have a conversation about fair funding? He is a student of Tory leadership campaigns and, like us, he probably winced when he heard the Prime Minister say to one campaign meeting:
“we inherited a bunch of formulas from the Labour Party that shoved all the funding into deprived urban areas…that needed to be undone. I started the work of undoing that.”
The truth is that richer councils have taken cuts of about £44 per head since 2010, whereas Birmingham City Council has taken cuts of 14 times that amount. There is a conversation to be had about funding, and I am grateful that the Secretary of State is considering one way to fix it, by creating a levelling-up zone and investment zones in east Birmingham, on land between the two High Speed 2 stations.
Can the Secretary of State confirm that those plans will still go ahead? Has he considered creating a development corporation in east Birmingham, for which I have argued for a long time, to lever in significantly larger amounts of money? Can we have a conversation about how we support the combined authority, too? As he will know, Andy Street’s budget faces a gap of £29 million next year, rising to £50 million in a couple of years’ time, and currently there is a £1.1 billion black hole between the investment programme and the funds available to pay for it.
The right hon. Gentleman is also right that Birmingham’s economic health powers the whole west midlands and is vital to our overall success as a nation, which is why I want to make sure that we get back to strong leadership and effective governance in Birmingham.
The big issue here—the elephant in the room—is local audit. Some 12% of audit opinions for the 2021-22 financial year have come in, even with the extended deadline. The permanent secretary and the National Audit Office have indicated that we need to focus on the current year and to forget previous years, but these canaries in the mine, these warning signs, were never heard because of the dire state of local audit. This has all been on his Government’s watch. Can he give us any reassurance that he really has a plan to get local audit back on track?
The hon. Lady’s central point was about task and finish, which some Members may think sounds like a good thing. A task and finish group is a team that sets out to resolve a problem and dissolves itself when the problem is finished. It seems to be the model of what we should have in administration: not a permanent bureaucracy, but a taskforce. However, task and finish in Birmingham, and indeed in some other local authorities, has basically meant the binmen—the scaffies, as we would say in Scotland—knocking off early as soon as they had claimed that they had finished their task and yet claiming for their full working day. Again, it is not an effective way to run any public service.
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