Open consultation

Best Value Duty: consultation on revised statutory guidance

Published 15 July 2026

Applies to England

This consultation seeks views on proposed revisions to statutory guidance for local authorities on the Best Value Duty.

Scope of this consultation

This guidance is issued to local authorities, including strategic authorities, in England under section 26 of the Local Government Act 1999.  

The guidance provides clarity to the local government sector in England on how to fulfil the Best Value Duty by setting out what constitutes Best Value, the standards expected by the department, and the powers at the Secretary of State’s disposal in the event of failure to uphold these standards.  

This guidance also describes the department’s approach to support and intervention, emphasising the importance of authorities having appropriate arrangements for self-monitoring, self-assessment, effective scrutiny and engagement with early assurance and non-statutory support. It responds to the recommendation of the Lessons Learnt from Best Value Interventions, published in March 2026, to update the Best Value statutory guidance. 

Geographical scope

These proposals relate to England only. 

Impact assessment

The purpose of the consultation is to seek views on the proposed statutory guidance. Any policy change brought forward as a result of the consultation would be subject to appropriate assessment. 

Body responsible for the consultation

The Ministry of Housing, Communities and Local Government (MHCLG) 

Duration 

This consultation will last for 12 weeks from 15 July 2026 and will close at 11:59pm on 7 October 2026. 

Enquiries

For any enquiries about the consultation please contact BestValue@communities.gov.uk.  

How to respond

You can respond to the consultation using our online survey on Citizen Space:

Citizen Space is the department’s online consultation portal and our preferred route for receiving consultation responses. We strongly encourage responses are made via Citizen Space, particularly from organisations with access to online facilities such as local planning authorities, representative bodies and businesses. Consultations receive a high-level of interest across many sectors. Using the online survey greatly assists our analysis of the responses, enabling more efficient and effective consideration of the issues raised. 

Respondents should not cite previous questions or remark ‘see above’. Due to the way the consultation responses are processed we cannot guarantee your comments will be captured if replying in this way. Any points you wish to raise in response to a question should be set out in full as part of that question’s response.

If you cannot respond via Citizen Space, or you have supporting evidence to accompany your response you may send your response or supporting evidence by email to: BestValue@communities.gov.uk. 

If you are responding in writing, please make it clear which questions you are responding to.  

Written responses should be sent to: 

Best Value Duty Guidance Consultation Team 
Local Government Stewardship & Interventions Division 
Local Government Reform and Strategy Directorate 
Ministry of Housing, Communities and Local Government 
Floor 2, Peel Building 
2 Marsham Street 
London 
SW1P 4DF 

When you reply it would be very useful if you confirm whether you are replying as an individual or submitting an official response on behalf of an organisation and include:  

• your name
• your position (if applicable)
• the name of organisation (if applicable)
• an address (including post-code)
• an email address
• a contact telephone number

Introduction

This statutory guidance is issued under section 26 of the Local Government Act 1999 Act has been developed principally for local authorities, including strategic authorities. Although not a requirement, it would be good practice for all Best Value Authorities to be mindful of the principles set out in this document to ensure they comply with the Best Value Duty. 

This guidance reflects the government’s public service reform principles of devolution, service integration and a shift towards preventative measures to resolve problems before they escalate into crises. It provides clarity to the local government sector in England on how to fulfil the Best Value Duty by setting out what constitutes Best Value, the standards expected by the department, and the powers at the Secretary of State’s disposal in the event of failure to uphold these standards. The guidance also describes the department’s approach to support and intervention, emphasising the importance of authorities having appropriate arrangements for self-monitoring, self-assessment, effective scrutiny and engagement with early assurance and non-statutory support.  

Question 1

Do you agree with the scope of this guidance? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Guiding principles 

The government’s approach to ensuring all authorities carry out their functions in compliance with the Best Value Duty is based on six guiding principles. These principles are local accountability, openness to challenge and support, expectations, prevention, empowering local ownership and meeting the cost of failure. 

Question 2

Do you agree with the six guiding principles proposed at paragraphs 18 to 27? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Defining Best Value 

The statutory guidance sets out seven overlapping themes of good practice for running an authority that meets and delivers Best Value. These Best Value themes are Continuous Improvement, Leadership, Governance, Culture, Use of Resources, Service Delivery, and Partnerships and Community Engagement.  

Question 3

Do you agree with the seven Best Value themes at paragraphs 18 to 33? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Question 4

Are there any Best Value themes missing that you think would be helpful to include? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

The guidance includes a more detailed explanation of these seven themes, including proposed characteristics of a well-run authority and potential indicators of failure. 

Question 5

Do you agree with the suggested key characteristics of a well-run authority and key indicators of potential failure in relation to continuous improvement? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Question 6

Do you agree with the suggested key characteristics of a well-run authority and indicators of potential failure in relation to effective leadership? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Question 7

Do you agree with the proposed characteristics of a well-run authority and indicators of potential failure in relation to governance? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Question 8

Do you agree with the proposed characteristics of a well-run authority and indicators of potential failure in relation to culture?

• yes
• no

Please provide your reasons, particularly if you disagree. 

Question 9

Do you agree with the proposed characteristics of a well-run authority and indicators of potential failure in relation to use of resources? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Question 10

Do you agree with the proposed characteristics of a well-run authority and indicators of potential failure in relation to effective service delivery? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Question 11

Do you agree with the proposed characteristics of a well-run authority and indicators of potential failure in relation to partnerships and community engagement?  

• yes
• no

Please provide your reasons, particularly if you disagree. 

The department’s approach to support and intervention 

The guidance describes the department’s Framework of tools and levers to ensure an authority’s compliance with the Best Value Duty. These range from seeking early assurance, to supporting authorities secure non-statutory support and, where necessary, undertaking statutory intervention.

The framework is flexible rather than a rigid, sequential ladder of escalation, and is intended to mitigate risks of failure as early as possible, whilst ensuring a proportionate response is taken based on the nature and severity of local concerns. 

Question 12

Are you happy with the level of clarity and detail in the description of the how the department decides the most appropriate response to supporting authorities at risk of Best Value failure?

• yes
• no

Please provide your reasons, particularly if you disagree. 

Identifying and preventing risk 

The government’s priority is to support a strong, sustainable and accountable local government sector that delivers for residents and provides value for money.

The department’s approach is therefore focused on prevention: identifying risks early, supporting authorities to act before problems become systemic, and using the least intrusive approach that is likely to secure improvement. 

Question 13

Are you happy with the level of clarity and detail in the description of the non-statutory tools used? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Question 14

Are there any other ways in which the government could engage earlier with individual authorities to prevent any challenges experienced from escalating? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Assessing compliance with the Best Value Duty 

The Secretary of State must be satisfied that an authority is failing to carry out its functions in compliance with the Best Value Duty before intervening on a statutory basis under section 15 of the 1999 Act. 

To inform the assessment of an authority’s compliance with the Duty, the Secretary of State can consider evidence from a multitude of sources such as reports from recognised independent bodies, government commissioned reports and statutory Best Value Inspections.

In deciding which approach to take, the Secretary of State is likely to consider a number of factors, including the availability of robust independent evidence, the severity of the indications of failure, the authority’s willingness to acknowledge its challenges and its openness to external scrutiny.   

Question 15

Are the different approaches to independently assess an authority’s compliance with the Best Value Duty sufficiently clear? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Models of statutory intervention 

If the Secretary of State is satisfied that the authority is failing to comply with the Best Value Duty, the Secretary of State can issue statutory directions to an authority under section 15 of the Local Government Act 1999. If the Secretary of State is satisfied that the authority is failing to comply with the Best Value Duty, the Secretary of State can issue statutory directions to an authority under section 15 of the Local Government Act 1999.  

The factors influencing the decision on which intervention model to adopt include the extent to which the authority accepts the challenges identified and is committed to leading the required improvement, the scale of that challenge, the capacity and capability of the authority to address the failure, and the level of urgency required to address the failure. 

Question 16

Are the different models of intervention sufficiently clear?

• yes
• no

Please provide your reasons, particularly if you disagree. 

The lifecycle of an intervention 

Experience shows that every statutory intervention is unique, but likely to follow a progressive path from early stabilisation through to the delivery of sustainable results.

Local authorities on the journey out of Best Value failure have shown that there are broad stages or phases to this recovery lifecycle, which broadly mirror the stages of civil emergency planning (Response, Recovery, Resilience). 

Question 17

Are the descriptions of the different phases of an intervention sufficiently clear?

• yes
• no

Please provide your reasons, particularly if you disagree. 

The aim of all interventions is to resolve incidents of failure to the point where the authority can demonstrate that it now has the capacity and capability to sustain its own journey of continuous improvement without the need for further external involvement. It is important that this is both demonstrable and well established. 

Planning an end to intervention 

The aim of all interventions is to resolve incidents of failure to the point where the authority can demonstrate that it now has the capacity and capability to sustain its own journey of continuous improvement without the need for further external involvement. It is important that this is both demonstrable and well established. 

Question 18

What are the key indicators that an authority can sustainably continue their own improvement and an intervention can end?

Question 19

Do you agree with the approaches described for providing post intervention support and monitoring? 

• yes
• no

Please provide your reasons, particularly if you disagree. 

Post-intervention monitoring and support 

Prior to the formal end of an intervention, the department will work with the Best Value Experts and others to determine what post-intervention support and monitoring is appropriate to help ensure the authority’s improvements are mainstreamed and sustainable, and an abrupt transition is avoided.

This may consist of a range of support and/or monitoring options to track post-intervention performance, including ongoing sector-led improvement and peer review, sector representation on an authority’s improvement board and/or enhanced departmental monitoring.

The form this support and monitoring will take will depend on the extent of ongoing assurance required to ensure compliance with the authority’s Best Value Duty is sustained.

Question 20

Are there any other ways in which the government could provide post-intervention support and monitoring to an authority exiting  formal intervention? 

Free text comments.

Question 21

Are there any areas missing from the statutory guidance that you think would be helpful to include?

• yes
• no

Free text comments.

About this consultation

This consultation document and consultation process have been planned to adhere to the Consultation Principles issued by the Cabinet Office.

Representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions when they respond.

Information provided in response to this consultation may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Environmental Information Regulations 2004 and UK data protection legislation.  In certain circumstances this may therefore include personal data when required by law.

If you want the information that you provide to be treated as confidential, please be aware that, as a public authority, the department is bound by the information access regimes and may therefore be obliged to disclose all or some of the information you provide. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

The Ministry of Housing, Communities and Local Government will at all times process your personal data in accordance with UK data protection legislation and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties. A full privacy notice is included below.

Individual responses will not be acknowledged unless specifically requested.

Your opinions are valuable to us. Thank you for taking the time to read this document and respond.

Are you satisfied that this consultation has followed the Consultation Principles?  If not or you have any other observations about how we can improve the process please contact us via the complaints procedure.

Personal data

The following is to explain your rights and give you the information you are entitled to under UK data protection legislation.  

Note that this section only refers to personal data (your name, contact details and any other information that relates to you or another identified or identifiable individual personally) not the content otherwise of your response to the consultation.  

1. The identity of the data controller and contact details of our Data Protection Officer     

The Ministry of Housing, Communities and Local Government (MHCLG) is the data controller. The Data Protection Officer can be contacted at dataprotection@communities.gov.uk or by writing to the following address:

Data Protection Officer,
Ministry of Housing, Communities and Local Government,
Fry Building,
2 Marsham Street,
London
SW1P 4DF

2. Why we are collecting your personal data    

Your personal data is being collected as an essential part of the consultation process, so that we can contact you regarding your response and for statistical purposes. We may also use it to contact you about related matters. 

We will collect your IP address if you complete a consultation online. We may use this to ensure that each person only completes a survey once. We will not use this data for any other purpose. 

Sensitive types of personal data 

Please do not share special category personal data or criminal offence data  if we have not asked for this unless absolutely necessary for the purposes of your consultation response. By ‘special category personal data’, we mean information about a living individual’s: 

• race 

• ethnic origin 

• political opinions 

• religious or philosophical beliefs 

• trade union membership 

• genetics 

• biometrics  

• health (including disability-related information) 

• sex life 

• sexual orientation

By ‘criminal offence data’, we mean information relating to a living individual’s criminal convictions or offences or related security measures. 

3. Our legal basis for processing your personal data 

The collection of your personal data is lawful under article 6(1)(e) of the UK General Data Protection Regulation as it is necessary for the performance by MHCLG of a task in the public interest/in the exercise of official authority vested in the data controller.  Section 8(d) of the Data Protection Act 2018 states that this will include processing of personal data that is necessary for the exercise of a function of the Crown, a Minister of the Crown or a government department i.e. in this case a consultation. 

Where necessary for the purposes of this consultation, our lawful basis for the processing of any special category personal data or ‘criminal offence’ data (terms explained under ‘Sensitive Types of Data’) which you submit in response to this consultation is as follows. The relevant lawful basis for the processing of special category personal data is Article 9(2)(g) UK GDPR (‘substantial public interest’), and Schedule 1 paragraph 6 of the Data Protection Act 2018 (‘statutory etc and government purposes’). The relevant lawful basis in relation to personal data relating to criminal convictions and offences data is likewise provided by Schedule 1 paragraph 6 of the Data Protection Act 2018. 

4. With whom we will be sharing your personal data 

MHCLG may appoint a ‘data processor’, acting on behalf of the Department and under our instruction, to help analyse the responses to this consultation. Where we do we will ensure that the processing of your personal data remains in strict accordance with the requirements of the data protection legislation. 

5. For how long we will keep your personal data, or criteria used to determine the retention period.  

Your personal data will be held for two years from the closure of the consultation, unless we identify that its continued retention is unnecessary before that point. 

6. Your rights, e.g. access, rectification, restriction, objection 

The data we are collecting is your personal data, and you have considerable say over what happens to it. You have the right: 

a. to see what data we have about you 

b. to ask us to stop using your data, but keep it on record 

c. to ask to have your data corrected if it is incorrect or incomplete 

d. to object to our use of your personal data in certain circumstances 

e. to lodge a complaint with the independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law. You can contact the ICO at https://ico.org.uk/, or telephone 0303 123 1113.  

Please contact us at the following address if you wish to exercise the rights listed above, except the right to lodge a complaint with the ICO: dataprotection@communities.gov.uk or  

Knowledge and Information Access Team,  
Ministry of Housing, Communities and Local Government,  
Fry Building,  
2 Marsham Street,
London,
SW1P 4DF

7. Your personal data will not be sent overseas

8. Your personal data will not be used for any automated decision making

9. Your personal data will be stored in a secure government IT system

We use a third-party system, Citizen Space, to collect consultation responses. In the first instance your personal data will be stored on their secure UK-based server. Your personal data will be transferred to our secure government IT system as soon as possible, and it will be stored there for 2 years before it is deleted.