b'44 Local Government LawyerThe GoldenTriangleThe removal of Monitoring Officers and heads of legal from the upper echelons of local government presents a serious problem for the future of legal departments and weakens organisational governance as a whole, argues Phillip Horsfield of Lawyers in Local Government.The role of the Monitoring Officer isWhilst the demands on the localFor too long, unacceptable standards of key to upholding standards within localgovernment lawyer continues to grow, webehaviour from a minority of councillors government, and their ability to workhave witnessed, through restructuring,have had a negative impact on decision closely with the CEO and Section 151 Officerthe downgrading of Directors of Law andmaking, cohesiveness, and culture. The (the Golden Triangle) is essential to goodMonitoring Officers from 1st and 2ndrecognition of the need for increased governance. The report by the Nationaltier, to 3rd and even 4th tier in numerousstatutory protection for Monitoring Officers Audit Office on Local Authority Governanceauthorities. It is no surprise to LLG thatas the lynchpins of the standards regime (released January 2019) examined whetherthe findings of the Legal Departmentand guardians of lawfulness is to be local governance arrangements providedof the Future survey witnessed 67% ofwelcomed as a mechanism to strengthen local taxpayers and Parliament withrespondents reporting that the legalthe governance of our organisations. assurances that local authority spendingdepartment is now more reactive thanLLG shares the view with the Committee achieved value for money and thatstrategic as it is not involved early enoughthat an ethical culture requires a Monitoring authorities are financially sustainable.in the decision-making process, with 61%Officer who is professionally supported by The report was welcome, but it missed areporting it had made the performance ofthe Chief Executive and S151 Officer. Indeed, key recommendation to include Monitoringthe role of Monitoring Officer more difficult.the Committees Chair, Jonathan Evans Officers in a review of the impact of statusThe erosion of MOs and Heads of Legalstressed in an open letter in September reduction and efficacy of their statutoryfrom the top tier of local governmentthat standards in public life have rarely reporting arrangements; instead restrictingfundamentally undermines the effectivenessbeen more in the spotlight than they are it to 151 Officers only. To talk about theof those appointed to safeguard suchtoday. LLG continues to see examples of S151, the CEO or the Monitoring Officerprinciples. So concerned are we at thepoor behaviour and bad practice which separately risks weakening the triangleimpact of this, we have launched ourundermine and diminish the role of the of good governance; the CEO, the S151Golden Triangle campaign to raise themonitoring officer and lawyer in local Officer, and the Monitoring Officer all needprofile and status of monitoring officers;government practice. We hear frequent to be at the heart of decision making andpromote the importance of being at theexamples of inflammatory, bullish language strengthened in their entirety rather thantop-tier and highlight problems such asand behaviours. Whilst in the minority, even in part.access to senior officers and poor decisionone incident ripples through the profession LLG have long argued that themaking when the status of the position isand undermines the very core of open, increasingly lower status of Heads of Legaldowngraded.ethical and accountable governance. in many local authorities affects their abilityLLGs arguments were given weight inIt is LLGs mission to assist our members to bring influence to bear on materialthe Committee on Standards in Publicto enhance and protect good governance decisions; places considerable strain andLife report on Ethical Standards in Localwithin the organisations of our members, conflict on Monitoring Officers and leavesGovernment. The report set out severalensure that the status of all local them susceptible to targeted campaignsrecommendations and best practice pointsgovernment lawyers promotes this, and the that weaken organisational governance as ato revamp the standards regime and supportprotection of Monitoring Officers in their whole. those engaged in democracy.statutory role ensures that we are able to'