DCLG publishes new Local Government Transparency Code

May 8, 2014

Local authorities must publish all information they hold unless there is a compelling reason not to, the Government has suggested.

That principle has been laid down by the Department for Communities and Local Government in its new Local Government Transparency Code, which said local authorities should see data as a valuable resource not only to themselves, but also their partners and local people.

“In principle all data held and managed by local authorities should be made available to local people unless there are specific sensitivities (eg. protecting vulnerable people or commercial and operational considerations) to doing so,” the code says.

The DCLG said three principles had guided the development of the code (which applies in England only):

Demand led: “there are growing expectations that new technologies and publication of data should support transparency and accountability. It is vital that public bodies recognise the value to the public of the data they hold, understand what they hold, what their communities want and then release it in a way that allows the public, developers and the media to use it”;
Open: “provision of public data should become integral to local authority engagement with local people so that it drives accountability to them. Its availability should be promoted and publicised so that residents know how to access it and how it can be used. Presentation should be helpful and accessible to local people and other interested persons”; and
Timely: “the timeliness of making public data available is often of vital importance. It should be made published as soon as possible following production even if it is not accompanied with detailed analysis.”

Part 2 of the code sets out information which must be published (and is “recommended practice for parish councils whose gross annual income or expenditure – whichever is the higher – does not exceed £6.5m").

Quarterly publication is required for expenditure exceeding £500, for Government Procurement Card transactions and details of every invitation to tender for contracts to provide goods and/or services with a value that exceeds £5,000, together with any contract, commissioned activity, purchase order, framework agreement and any other legally enforceable agreement, also with a value that exceeds £5,000.

Annual publication is required for certain information in nine data sets, including local authority land, grants to voluntary bodies and senior salaries.

Part 3 of the code meanwhile sets out areas where the DCLG suggests local authorities should go beyond the minimum compulsory requirements set out and are recommended to make information public.

These cover data in relation to: expenditure, procurement, land, parking, grants, fraud and organisation chart.

The code includes an annex summarising, in a table, all information to be published.