What is the power of well-being?

The ‘power of well-being’ is the informal name given to the statutory power enabling a local authority to do anything which it considers likely to achieve the promotion or improvement of the economic, social or environmental well-being of their area. 

This power was given to English principal authorities by Section 2 of the Local Government Act 2000 (the 2000 Act).   In 2007, the Local Government and Public Involvement in Health Act (the 2007 Act), amended previous legislation as follows. The measure came into force on the 23rd June 2008. Note that the term ‘local councils’ is used here to mean town or parish councils. Section 77 of the 2007 Act amended the Local Government Act 2000 (sections 2 and 4) to give the power of well-being to eligible local councils. Schedule 5, paragraph 7 of the 2007 Act amended Section 137 of the Local Government Act 1972 to release eligible local councils from the constraints of s137.

A local council cannot exercise the power of well-being unless it meets eligibility criteria (see below). What is more, any use of this power must have regard to the sustainable community strategy drawn up by the principal authority (or authorities) within whose area the parish lies. Both principal authorities and local councils must also comply with any guidance provided by the Secretary of State on exercising the power.

The power can give a local council the power to spend on well-being related to

  • the whole of a local council’s area or any part of it 
  •  any persons present in the area including those who live, work or visit in the area
  •  an individual person’s activity (provided that it promotes the area’s well-being)
  • any person or any area outside the parish if the council thinks it will promote its own area’s well-being.

Naturally the power of well-being does not allow the council to do anything prohibited or restricted by other legislation. Nor does it enable the council to raise money (simply to spend it).

What makes a local council eligible to use the power of well-being?

A local council must determine its eligibility by referring to the Statutory Instrument 2008 No 3095: The Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008. The statutory instrument was required by s1(2) of the 2000 Act amended by s78(4) of the 2007 Act. It is supported by a guidance document produced by Communities and Local Government and available on the NALC and SLCC websites. Local councils must have regard to this guidance in exercising the power.

A local council must determine its eligibility by resolution at a meeting of the full council. This is the “relevant day” on which the conditions were met. Eligibility remains in place until the day before the annual meeting after the next ordinary elections. This could be as much as four years. The council then determines its eligibility again at that annual meeting or when it next meets the criteria. If it no longer meets the criteria for eligibility, a council can complete any activity already being undertaken under the power but it can’t start a new activity under the power until it has determined eligibility again.

To determine eligibility, the meeting of full council resolves that the following conditions have been met:

  • At least two-thirds of the total number of seats on the council (excluding appointed councillors) must have been filled by candidates who stood for election at the last ordinary elections. 
  • The clerk must be qualified through CiLCA, Local Policy or similar advanced professional qualification from the University of Gloucestershire. But, if a test of understanding the power of well-being was not part of that qualification, the clerk must pass the required element of CiLCA 2008 (Section 7) as a separate test. This applies to anyone with the AQA qualification, the first version of CiLCA or qualifications from the University of Gloucestershire.  The council can use the services of a qualified locum clerk to help it exercise the power.
  • At least 80% of the members of the council must have attended the training event on the power of well-being designed as part of the National Training Strategy. Co-opted and appointed councillors can contribute to the 80%.
  • The local council must have published a statement of intent for community engagement, explaining how it will involve persons and organisations interested in the well-being of the area - eg the police, health authority, voluntary organisations, businesses, schools and faith groups. The CLG guidelines include an example of a statement of intent for community engagement.
  •  In deciding to use the power, the council must be satisfied that the activity is likely to promote or improve the economic, social or environmental well-being of their parish (applied to relevant areas or persons). As a matter of good practice, the council should also record its reference to the sustainable community strategy (or strategies) of the relevant principal authority (or authorities) for its area.

 ­­­­­­­­­­­­­­­­­­­­­­­­­ERNLLCA is an accredited training for Power of Well-Being and councils wishing to undertake the training course should contact 01652 661617 to discuss their options.

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