FAQs — published 22 September 2023
We have updated our FAQs after issuing a second section 114 notice and section 5 notice and the Secretary of State's proposed intervention package.
What has the 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
- launch a local inquiry
Who are the commissioners?
Max Caller CBE, an experienced local government professional and former commissioner, has been named the preferred candidate to lead the intervention if the proposals are implemented.
No names of other commissioners have been announced yet.
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 the power to make decisions directly.
The commissioners would have responsibility for all functions relating to:
- our governance
- scrutiny of strategic decision making
They will also oversee:
- our financial governance
- scrutiny of strategic financial decision making
- senior appointments
Under the proposed direction, we would prepare and agree on an improvement plan within six months under the commissioners' oversight.
This would set out our 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 their financial recovery plan?
An extraordinary city council meeting took place on Monday 25 September, considering the council's recommendations for the first section 114 notice.
Read more about the financial recovery plan.
What is a section 5 notice?
A section 5 notice is a report issued by the monitoring officer when there is concern that the council has or is about to contravene the law.
In this case, we have failed to secure a decision relating to implementing a job evaluation programme.
Why has a second section 114 been issued?
The second section 114 notice was triggered by the issuing of a section 5 notice.
Our Section 151 Officer issued a supplementary notice under section 114, and our Monitoring Officer issued a section 5 report on 21 September 2023.
These notices have been issued because we have not been able to agree on a new process for job evaluations.
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 issued on 5 September 2023.
However, the notices stop any decision relating to job evaluations until we have met to discuss the supplementary s.114 and section 5 notice.
Page last updated: 22 September 2023
