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Stephen Cirell: authorities are 'too risk averse' Local government ‘has lots of powers, but is not really using them', according to one of local government's leading lawyers. Stephen Cirell, partner at law firm Eversheds, said councils consistently asked for more powers and freedoms from central control, but were not taking full advantage of what they already had on offer. Speaking at the Association of Public Service Excellence annual conference in Gateshead this week, he claimed the power of well-being, charging and trading and Section 106 agreements were all useful, but were underused in the sector. Authorities were too risk-averse, and focused on staying within safe boundaries to avoid expensive court challenges. Where powers were being used, he claimed, councils were more likely to follow the letter of the law than to consider where they could use the legislation more creatively to meet their goals. ‘You get out of the powers what you put into them,' he added. He urged local authorities to look at what they could do through legislation, rather than what they couldn't do. The APSE chief executive warned of the ‘dangers' posed by participatory budgeting. He told delegates of his concerns that it could lead to more social exclusion and certain services being neglected. While he welcomed the idea that the public should have more say in public services, he claimed: ‘The people involved are often of a certain type.' He cited a recent example of participatory budgeting in Cap Code. While expenditure on schools was raised to a high level, there was ‘no waste strategy' put in place. ‘We need to have an overview,' he added.

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WHITEHALL

'Use your powers' top lawyer urges councils

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