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Two councils mount legal challenge to performance assessments

Posted: 17 December 2002 | Subscribe Online


Torbay and Ealing councils have started judicial review proceedings against the Audit Commission over the comprehensive performance assessment, writes Katie Leason.

The councils are continuing discussions with the Audit Commission, but have lodged application papers with the high court. Should the proceedings continue, the Audit Commission must come up with its case by early January, and a hearing is likely to take place shortly afterwards.

Stephen Cirell, head of local government at law firm Eversheds and the solicitor representing the councils said that the CPA was unlawful because the Audit Commission did not have the power to carry it out.

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He advised other councils not to pay outstanding CPA bills because the Audit Commission did not have the power to charge for it.

Meanwhile the CPA has had a negative effect on morale in Coventry’s social services department. Coventry was rated as 'poor' in the CPA and this followed its social services department being awarded zero stars in both the original and refreshed star ratings.

John Bolton, Coventry's social services and housing director, who is a former director of social services joint reviews, said that the focus was once again on the failing social services department resulting in some social services staff feeling that they were “carrying the brunt for the council”.

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Public sector union Unison branded the CPA process “a misuse of time and money” which would not lead to improvements in the quality of services.

National secretary for local government Heather Wakefield described the CPA process as “skewed towards priorities determined by unaccountable inspectors with little knowledge of the localities they inspect.”



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