Who Makes Decisions in Local Councils?

Overview

Who Makes Decisions in UK Local Councils, Who Oversees Them, and How to Complain

(This guide is mainly for England. Scotland, Wales and Northern Ireland have similar systems but different complaint bodies.)

1. Who Actually Makes Decisions in a Council?

Many people think "the council" is one organisation making decisions, but power is divided between elected councillors and paid officers (employees).

A. Full Council

The Full Council is all elected councillors together.

They usually decide:

• Annual budget
• Council Tax levels
• Major policies
• Constitution (the council's rulebook)
• Appointments to committees
• Some senior appointments

The Full Council often sets the overall direction but does not make most day-to-day decisions.

B. Council Leader and Cabinet (Executive)

Most councils use a Leader and Cabinet system.

The:

• Council elects a Leader
• Leader appoints Cabinet Members

Cabinet Members are responsible for areas such as:

• Housing
• Finance
• Education
• Adult Social Care
• Environment

Many major operational decisions are made by the Cabinet or individual Cabinet Members.

C. Committees

Some decisions cannot be made by Cabinet.

Examples:

Planning Committee

Decides:

• Planning applications
• Major developments
• Enforcement matters

Licensing Committee

Decides:

• Taxi licences
• Alcohol licences
• Gambling licences

These committees act quasi-judicially and should follow legal rules rather than party politics.

D. Council Officers (Managers and Staff)

These are not elected.

Examples:

• Chief Executive
• Directors
• Heads of Service
• Team Managers

Many decisions are delegated to officers under the council constitution.

Examples:

• Housing decisions
• Benefit decisions
• Environmental enforcement
• Procurement decisions
• Staff management

Officers are expected to act lawfully and follow council policies.

2. Who Oversees the Council?

Several layers exist.

A. Scrutiny Committees

Overview and Scrutiny Committees are supposed to challenge and examine decisions made by Cabinet and senior officers. They can:

• Call in decisions for review
• Request reports
• Question officers and councillors
• Investigate issues affecting residents 

Think of them as the council's internal watchdog.

B. Monitoring Officer

Every council must have a Monitoring Officer.

This is one of the most important positions in local government.

Responsibilities include:

• Ensuring decisions are lawful
• Monitoring councillor conduct
• Monitoring governance
• Handling councillor complaints
• Advising on breaches of the Code of Conduct 

If you believe councillors or officers are acting unlawfully, the Monitoring Officer is often the first senior official to contact.

C. Section 151 Officer

Usually the Finance Director.

Responsible for:

• Financial management
• Budget control
• Preventing unlawful spending

If financial misconduct is involved, they may be relevant.

D. Internal Audit

Checks:

• Governance
• Financial controls
• Fraud risks
• Compliance

Reports often go to the Audit Committee.

E. Audit Committee

Oversees:

• Risk management
• Governance
• Internal audit
• External audit findings 

F. External Auditors

Review council accounts and financial governance.

In serious cases they can issue public reports.

G. Local Government and Social Care Ombudsman (LGSCO)

The Ombudsman is independent of councils.

It can investigate:

• Maladministration
• Poor service
• Unfair decision-making processes
• Delays
• Failure to follow policy
• Failure to follow the law

Usually you must complete the council's complaints process first.

H. Courts

For serious legal issues:

Judicial Review

Challenges whether a decision was lawful.

County Court / High Court

Depending on the issue.

Legal advice is usually needed.

3. How to Complain About a Councillor

Grounds for Complaint

Examples include:

• Bullying
• Harassment
• Abuse of position
• Failure to declare interests
• Bringing the office into disrepute
• Breaches of the Council Code of Conduct
• Improper behaviour during meetings
• Misuse of council resources

Complaints about councillors are normally handled under the council's Standards Process.

Step 1 – Find the Council's Code of Conduct

Search:

"[Council name] councillor code of conduct"

Read the sections you believe were breached.

Step 2 – Submit a Formal Standards Complaint

Send it to:

• Monitoring Officer
  or
• Standards Committee

Include:

• Councillor name
• Dates
• Evidence
• Witnesses
• Relevant emails
• Social media screenshots
• Meeting recordings (if available)

Step 3 – Investigation

The council may:

• Reject it
• Seek informal resolution
• Conduct a formal investigation
• Refer it to a hearing panel

The Monitoring Officer normally decides the next steps.

Possible Outcomes

• Apology
• Training
• Public finding
• Removal from committees
• Censure

However, sanctions against councillors are often limited.

4. How to Complain About a Manager or Council Officer

This is different.

You normally cannot use the councillor standards process.

Complain Through the Corporate Complaints Procedure

Most councils have:

Stage 1

Service complaint.

Stage 2

Senior review.

Stage 3

Final review (varies by council).

After exhaustion of the complaints process, you can usually approach the Ombudsman.

If the Manager Has:

Lied

Provide evidence.

Ignored policy

Quote the policy.

Failed to act

Provide dates and records.

Acted unfairly

Explain the impact.

Breached procedure

Identify the procedure and breach.

5. What Evidence Should You Collect?

Always keep:

• Emails
• Letters
• Screenshots
• Meeting minutes
• Decision notices
• Complaint references
• Names of staff
• Dates and times

A timeline is often the strongest evidence.

Example:

Date

Event

1 March

Complaint submitted

14 March

No response

20 March

Chased

30 March

Manager responded

10 April

Appeal submitted

6. When Should You Go to the Ombudsman?

Usually when:

✔ The council has finished its complaints process.

OR

✔ The council is delaying excessively.

The Ombudsman can investigate:

• Housing
• Planning
• Social care
• Benefits administration
• Education issues
• Environmental services
• Licensing
• Complaint handling

It can recommend:

• Apologies
• Compensation
• Reconsideration of decisions
• Service improvements 

7. Who Has Power Over the Chief Executive?

The Chief Executive is the highest paid officer.

Oversight comes from:

• Elected councillors
• Full Council
• Monitoring Officer (for legal issues)
• Audit Committee
• External auditors
• Ombudsman (for council actions)
• Courts (where appropriate)

The Chief Executive is not "above" the council.

8. Who Can Residents Contact Directly?

Depending on the issue:

Issue

Contact

Poor service

Complaints Team

Councillor misconduct

Monitoring Officer

Officer misconduct

Complaints Procedure

Unlawful decision

Monitoring Officer

Financial concerns

Section 151 Officer

Governance concerns

Audit Committee Chair

Serious unresolved complaint

Ombudsman

Illegal decision

Solicitor / Judicial Review

Political pressure

Local Councillor

National political pressure

MP

A Practical Escalation Route

If you believe a council has acted wrongly:

1. Complain to the service.
2. Escalate through all complaint stages.
3. Write to the Head of Service.
4. Write to the Director.
5. Write to the Monitoring Officer.
6. Contact your ward councillors.
7. Contact the Cabinet Member responsible.
8. Contact the Scrutiny Committee Chair.
9. Complain to the Local Government and Social Care Ombudsman.
10. Consider legal advice if the decision appears unlawful.