Birmingham City Council section 114 notice updates

To find out more about the section 114 notice, visit our section 114 page

FAQs - updated 22 September 2023

See below updated FAQs following the Secretary of State’s proposed intervention package, and the issuing of a second section 114 notice and section 5 report.

What Michael Gove, Secretary of State for the Department of Levelling Up, Housing and Communities, said about Birmingham City Council

Michael Gove has proposed to issue statutory directions to the council and appoint commissioners to exercise certain functions of the council as required, and the intention to launch a local inquiry.

Read the letter from the Secretary of State in full

Who are the commissioners?

Max Caller CBE, an experienced local government professional and former commissioner, has been named as the preferred candidate to lead the intervention if the package of proposals are implemented.

The names of further commissioners have not been announced.

If appointed, what is the role of commissioners at Birmingham City Council?

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.

The commissioners would have responsibility for all functions relating to the council's governance and scrutiny of strategic decision making. They would also oversee financial governance and scrutiny of strategic financial decision making, as well as 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.

The imporovement plan 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.

Where can I find out more about the council’s response to section 114 and the financial recovery plan?

An extraordinary city council meeting will take place on Monday 25 September to consider the council’s recommendations for the first section 114 notice.

Read more about the financial recovery plan

Why a second section 114 has been issued

The second section 114 notice was triggered by the issuing of a section 5 report.

The council’s section 151 Officer issued a supplemental notice under section 114 and the Monitoring Officer issued a section 5 report on 21 September 2023.

These notices have been issued because the council has been unable to agree a new methodology for job evaluation.

What is a section 5?

A section 5 is a report to the council by the Monitoring Officer when there is concern that the council has contravened, or is about to contravene, the law.

In this case, Birmingham City Council has failed to secure a decision relating the implementation of the job evaluation programme.

How long will the second section 114 and section 5 be in place?

An emergency council meeting will take place within 21 days of these notices (from 21 September 2023).

Does the second section 114 and section 5 have any further implications for the council?

There is no additional impact on the council over and beyond the section 114 notice that was issued on 5 September.

However, the notices do suspend any decision relating to job evaluation until the council has met to discuss the supplemental section 114 and section 5 notice.

Page last updated: 22 September 2023

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