The English Devolution and Community Empowerment Bill introduces a new duty for local authorities in England to establish appropriate arrangements to secure effective governance for designated ‘neighbourhood areas’. The details of these arrangements will be specified in regulations to follow after the Bill becomes law.

If such governance arrangements are to include formal decision-making powers, then under current legislation, they are likely to take the form of an ‘area committee’, established under s9E of the Local Government Act 2000 and or under s101 Local Government 1972. 

An area committee is a standard committee, operating in a specific part of the council’s area, exercising executive and non-executive functions (as long as they are in line with the council's policy and budget framework).

Under the 2000 Act, only councillors elected to wards in the committee's designated area can serve on the area committee. Although this is not mandated, it is also how a 1972 Act committee would be constituted. A cabinet member can be a member of an area committee, but only if they are otherwise eligible to be by virtue of the ward they represent. Co-opted members would also be possible. 

As membership is limited to the ward members of a committee’s area, the committee is exempt from the requirement to be politically balanced, so long as it meets the requirements of regulation 16A of the Local Government (Committees and Political Groups) Regulations 1990. This exemption only applies where the proposed area committee does not exceed two-fifths of the council in terms of either area or population. If this threshold is exceeded, then a full council vote is required and no member can vote against the exemption from political proportionality in accordance with section 17 of the Local Government and Housing Act 1989.

As an alternative to an area committee, councils can set up formal or informal ‘consultative committees'. This enables ward councillors from a specified area to meet together to discuss shared issues extending beyond individual ward boundaries. They can act as forums for consultation and in more formal arrangements, recommendations to the cabinet, council or other committees.

Given the anticipated size of the new unitary councils, it is expected that multiple area committees will be established in each unitary. For them to be part of an effective governance model, they need to not just be an add-on, but an integral part of the new council’s governance model.

Yet a key question remains: Will these committees genuinely enable localised decision-making and bring power closer to communities? Holding meetings in local areas moves decision-making closer to residents, involving local members ensures that decisions are made by people who understand local needs, which should strengthen accountability, but this will all depend on what the committee’s functions and decision-making remit will be. 

How to engage the community is the other aspect. Many local authorities enable co-option onto scrutiny bodies and allow public questions at meetings; some have held citizens' assemblies and other consultative and co-production exercises. But unless there is a genuine share of power with communities, the awaited regulations might simply repackage existing practices, rather than deliver meaningful change. 

The government has launched a review to better understand how neighbourhood governance structures currently function. With the call for evidence on best practice open until 7 October 2025, it remains to be seen whether this exercise will lay the groundwork for a new governance model.

For more information

For more information, please contact Claire Ward and Matt Marsh.