Page 1 of 5 LGIU Local Government Information Unit Independent Intelligent Information Local petitions and calls for action: a consultation (LGiU) 3/1/2008 Author: Hilary Kitchin Reference No: PB 1704/08L This covers: England Overview The government is proposing a statutory duty on local authorities to respond to local petitions, and has begun a consultation process that also takes account of the impact of petitioning upon the recently introduced councillor call for action. The consultation document cites evidence showing that people believe petitions are a good way of communicating their views, although they are sceptical about councils ability or willingness to act on or respond to the issues raised. Many authorities already take local petitions seriously, and a common framework may be the right thing, but some important questions need to be resolved to create a workable system. What conditions must be met before a formal response is required, and in particular, what level of support must be shown? The consultation document presents some options, and indicates that the government is willing to be influenced by informed views. This is a consultation that requires a thoughtful response from local government. The consultation, which can be accessed through the accompanying link, closes on 20 March 2008. The government plans to issue a report on the consultation by 12 June 2008. Discussion of this subject is likely to arise at a forthcoming seminar, councillor calls for action, being held at LGiU London offices on 4 February. You can find details through the accompanying link. Briefing in full Introduction The government is looking for measures that extend the ways in which individuals and communities can raise issues with their local council. The duty to inform, consult and involve people in decisions and services and the councillor call for action to be introduced under the Local Government and Public Involvement in Health Act will provide the broad framework, but do not create the opportunity for individuals to take the initiative. The current proposal, which emerges as part of the discussion generated by the Governance of Britain Green Paper, is for councils to be placed under a duty to respond to petitions that they receive from local people. The Green Paper also indicated an intention to consult on extending the right of people to intervene with their elected representatives through community rights to call for action.
Page 2 of 5 The consultation document suggests how a new system of petitioning might work, and also asks for views on the councillor call for action. Details Local petitions Petitioning was the most commonly undertaken civic engagement activity identified in the 2005 Citizenship Survey, with 60 percent of respondents claiming to have signed a petition in the previous twelve months. This perception of the value of petitions was reinforced by 2006 research (findings indicated above). Government has concluded that responsiveness is a key element to petitions political efficacy, whether through a formal response or through a ballot or referendum to decide the issue. After considering international comparisons, it is proposed that councils should be required to respond to petitions in the following circumstances. Suggested conditions: the subject relates to the functions of the local authority or other public services with shared delivery responsibilities with the local authority through the Local Area Agreement or other partnership arrangement the petition has been organised by a local person it demonstrates a sufficient level of support from local people it satisfies minimum requirements in relation to the manner in which it was submitted its form its content. Consultation topics and questions Subject: it is intended that the subject of petitions covers a wide range of functions and activities (including responsibilities for the promotion of the social, economic and environmental well-being of the area and cooperation over production of the sustainable community strategy). Petitions that would be better dealt with by another public body would fall outside the duty. A distinction would be made between a council s education functions and issues which could only be addressed substantively by the governors and headteacher of a particular school. A Local Person: nothing would prevent local petitioners relying on the help of national organisations with wider interests, but the organiser of record would be a local person. Views are requested on how local person will be defined. Options suggested are that individuals should be able to show that they: appear on the electoral register are an adult who has lived or worked in the area for a qualifying period attend a school or college in the area. Threshold for sufficient level of support The aim is to strike a balance between imposing unnecessary processes and costs, and setting too high a level of support. Three possible approaches are put forward: a number in absolute terms - at least 250 signatures is suggested a proportion of signatures from relevant people - at least 1 per cent of the electorate
Page 3 of 5 of the area in question an absolute number or given proportion of the population in a relevant community - 200 signatures or 5 per cent of the population If, as the government wishes, children should be able to petition, the only option that would work in practice would appear to be a number in absolute terms. It is conceded that the options of a proportion of the electorate or of local population would present complex problems of quantification. Signature A signatory would be an elector or anyone living, working or attending school in the area. A fairly long period for a signature to remain valid is suggested (signature within the last twelve months). While written petitions might take a traditional form (signature, date and address), work is needed to determine how electronic petitions might work. Councils would be able to accept signatures without further validation but would have powers to investigate and strike out signatures if appropriate. Process for presentation of a petition A three-stage process is proposed: 1. Petitioner presents petition to council or individual councillor 2. Duty to consider whether any request of document is a petition triggered 3. Petition contains at least proposition which it promotes name and address of organiser name of local authority (or authorities) to which it is submitted area to which it relates names, addresses, and signatures (or email addresses) of supporters. There will be guidance on all aspects of the process. Councillor call for action (CCfA) The consultation paper reviews the councillor call for action (for furthere details, go to link to LGiU briefing ) and asks some further questions prior to the preparation of statutory guidance. Consultation questions Excluded matters: it is intended to list excluded matters to avoid confusion between the CCfA and other processes such as planning and licensing appeals. Views are sought on what ought to be excluded, and why. Guidance: respondents are asked to highlight key issues on which it would be useful to have guidance. Community call for action: it is clear, bearing in mind the Governance of Britain commitment to introduce a community call for action, that DCLG ministers consider that the proposed duty to respond to qualifying local petitions would satisfy this objective. Views are sought on whether petitions and calls for action taken together are sufficient to empower communities to intervene with their elected representatives.
Page 4 of 5 Commentary While councils may acknowledge the value of local petitions, the process and options for defining a valid petition require careful thought. The experience of councils that have adopted informal processes for petitions will be particularly valuable in evaluating these options. The proposal that children and young people should be able to petition is particularly important, given the imperatives for encouraging young people s participation in the democratic process. No assessment has been made of the cost implications to the public sector, although it is suggested that annual cost is likely to be less than 5 million. Again, the experience of authorities with active petitioning processes will be valuable in considering whether there is a case for a full impact assessment before this policy is taken forward. The government has made a recent commitment (in December s central/local concordat) to avoid the introduction of unfunded mandates, and should be held to account on this occasion if appropriate. Additional issues may be raised as a result of the proposed duty. For example, councils need to be aware that the use of local petitions can be exploited by interest groups, and consideration needs to be given to the potential impact of petitions on controversial subjects. When should councils look at the factors behind the presentation of a petition and how can they be assured that the views expressed are representative of the views of the local population? LGiU will be following this consultation with interest and would be happy to facilitate the expression of views and experience on petitioning, and the inter-relationship of petitions and the councillor call for action. Affiliates are invited to respond to the questions below. Additional Information In your experience, has the government identified the right options for defining valid petitions, and for the petitioning process? Do you agree with a threshold of 250 signatures? Should children be able to petition? Has your authority experience of receiving petitions from children and young people? Is the assessment that the cost of petitioning to the public sector will be less than 5 million per annum realistic? Covers Equalities, Social inclusion, Community cohesion Democracy, Governance, Councillor issues, Standards board, Neighbourhood governance, Regional governance, Local government information Community planning and well-being Community involvement, Partnerships and LSPs, Voluntary sector Children's services Question
Page 5 of 5 Send Feedback for this briefing Related links Local Petitions: consultation document LGiU seminar: councillor call for action Related briefings Councillor Call for Action Copyright 2002-2005. Local Government Information Unit