Dreptul administrației locale
Puterile consiliilor, regulamentele locale, impozitul local și obligațiile.
Introducere
Dreptul administrației locale reglementează puterile și obligațiile consiliilor locale.
In Brief
Local authorities derive powers from statute and, for eligible councils, from the general power of competence under the Localism Act 2011 s.1. They have duties in education, social care, housing, planning, and public health. Council tax is levied on domestic properties in valuation bands A–H. The Care Act 2014 places statutory duties on councils to assess and meet eligible care needs. Judicial review is available to challenge unlawful council decisions (generally within 3 months).
Principii fundamentale
General Power of Competence — Eligible authorities can do anything individuals may do (Localism Act 2011, s.1).
Council Tax — Local tax on domestic properties in valuation bands A–H.
Byelaws — Local authorities can make byelaws for good governance of their area.
Best Value Duty — Continuous improvement in economy, efficiency, and effectiveness.
Social Care — Duties to assess and meet eligible care needs (Care Act 2014).
Statute cheie
Local Government Act 1972
Localism Act 2011
Cazuri de referință
Porter v Magill
[2002] 2 AC 357
R (Cart) v Upper Tribunal
[2011] UKSC 28
Scenarii comune
Challenging a council tax band
Appeal to the Valuation Office Agency, then the Valuation Tribunal. Further challenge by judicial review on a point of law.
Related Careers
Frequently Asked Questions
What is the general power of competence for councils?
Under s.1 of the Localism Act 2011, eligible local authorities have a general power of competence — they can do anything that individuals can generally do, unless specifically prohibited by statute. This replaced the narrower 'well-being' power and gives councils broader freedom to act in innovative ways for the benefit of their area, including setting up companies and charging for discretionary services.
Can I challenge a council's decision by judicial review?
Yes — councils are public authorities and their decisions are subject to judicial review. Common challenges include unlawful planning decisions (within 6 weeks), unlawful homelessness decisions (statutory review and appeal rights), and decisions that breach procedural fairness or fettered discretion. Before judicial review, internal review procedures and statutory appeal routes must usually be exhausted.
How does council tax work and can I get a reduction?
Council tax is set annually by local authorities and is based on the property's valuation band (A–H). Discounts are available for single occupants (25% reduction), students (exempt), those with severe mental impairment, and empty properties (subject to local policy). Council Tax Support (formerly Council Tax Benefit) provides means-tested reductions for those on low incomes, administered locally.
What is the best value duty for local authorities?
Under the Local Government Act 1999, local authorities have a statutory duty of Best Value — to make arrangements to secure continuous improvement in the way their functions are exercised, having regard to economy, efficiency, and effectiveness. The Secretary of State can intervene if a council is failing to comply. Best Value inspections can be carried out by government-appointed inspectors.
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
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