The Localism Act 2011: The Hollow Housing Law Revolution
| DOI | http://doi.org/10.1111/1468-2230.12098 |
| Published date | 01 November 2014 |
| Date | 01 November 2014 |
LEGISLATION
The Localism Act 2011: The Hollow Housing
Law Revolution
Chris Bevan*
In November 2011, the Localism Act was passed and, on one view, reflects the widest-ranging
reforms to housing law for over a half century. Ambitious in its stated aims, the legislation was
trailed as representing a broad shift in power from central Whitehall to local communities and
individuals. The article critically examines the central changes introduced by the 2011 Act as they
pertain specifically to housing law in England, namely the new flexible tenancy regime, the
changes to homelessness duties under Part VII of the Housing Act 1996 and the reforms
concerning the allocation of social housing. The article interrogates the extent to which the
reforms realise the stated localist agenda and highlights areas of difficulty in interpretation and
application. It concludes that rather than bestowing greater power on local communities, the
reforms to housing law will instead effect a perceptible reduction of power in the hands of local
people.
In November 2011, the Localism Act 20111(the Act) received Royal Assent.
The Act, which is said to reflect ‘the essence of the Big Society’,2marks the
culmination of a controversial political campaign and much-debated passage of
the Localism Bill through Parliament. The legislation is intended to herald a
significant dispersal of power away from central government in Whitehall and
into the hands of local communities and local people.3The mischief targeted by
the Act was said to be the stifling effect of bureaucratic micromanagement in the
public sector which rendered local services both inefficient and undemocratic.4
So the argument goes, ‘if central government is everywhere, then local decision-
making is nowhere.’5Response to the legislation has been mixed. Proponents
respond in large part to the ostensibly attractive and almost indisputable ‘logic
of localism’ advanced by these reforms. As Layard has noted, the legislation
*Assistant Professor in Law, School of Law, The University of Nottingham. I would like to thank Dr
Emma Laurie for her encouragement and support with this paper.
1 The provisions on housing came into force mostly on 1 April 2012: Localism Act 2011 (Com-
mencement No 4 and Transitional, Transitory and Saving Provisions) Order 2012 (SI 2012/628);
Localism Act 2011 (Commencement No 5 and Transitional, Savings and Transitory Provisions)
Order 2012 (SI 2012/1008).
2 Department for Communities and Local Government, A plain English guide to the Localism Bill:
Update (2011) 3.
3 Department for Communities and Local Government, Decentralisation and the Localism Bill: an
essential guide (2010) 1.
4ibid.
5 G. Clark, MP then Minister of State for Decentralisation in the Department for Communities and
Local Government, Decentralisation and the Localism Bill: an essential guide n 3 above, 1.
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© 2014 The Author. The Modern Law Review © 2014 The Modern Law Review Limited. (2014) 77(6) MLR 964–982
Published by John Wiley & Sons Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA
‘implements a political logic of localism, that local decision making should be
prioritised over other scales of governance.’6Beyond the apple-pie image of
localism, however, some commentators have been more circumspect and critical
of the reforms albeit in varying degrees.7Described as being distinct from any
piece of legislation ever passed by a British government and an historic oppor-
tunity to redress the central-local balance,8the political rhetoric could hardly be
more evident. The principal objective of this paper is to test the veracity of this
localist project from the perspective of the reforms to housing law as they impact
the English jurisdiction. In so doing it will be considered how far the provisions
on housing accord with the Coalition government’s assertion that ‘localism
must be more than a slogan. It must be turned into something concrete and
meaningful.’9
After providing an overview of the Act, the paper will move to consider the
central reforms of the legislation as they relate to housing law. This will involve
an examination of the new flexible tenancy regime; the changes to homelessness
duties under Part VII of the Housing Act 1996 and the reforms concerning the
allocation of social housing. Coverage of these reforms will be confined to their
effects in England only. The paper will discuss the ramifications of these reforms
for end-users of the housing system by evaluating the extent to which the
changes accord with the localist project promoted by the Act. It will identify
conceptual weaknesses in the reforms and underline the potential for a reduction
or curtailment of power in the hands of local people as a corollary. It will be
suggested that rather than empowering local communities, individuals will see
their basic rights undermined, and pre-existing inequalities will be preserved and
further perpetuated under these reforms rather than eroded.
OVERVIEW OF THE ACT
The Act is lengthy, extending to over 240 sections, in excess of 20 Schedules and
approaching 500 pages. Equally, the Act is broad in its scope. Part I introduces
the ‘general power of competence’ under which local authorities are endowed
with the ‘power to do anything that individuals generally may do’ provided it is
not specifically prohibited.10 The essential idea is that under this novel power
local authorities will be free to work with others in creative ways to reduce costs
and, it is envisaged, meet local people’s needs more innovatively. Moreover, this
6 A. Layard, ‘The Localism Act 2011: what is “local” and how do we (legally) construct it?’ (2012)
14 Environmental Law Review 134.
7 See C. Hunter, ‘Localism, centralism and housing rights’ (2012) 15 Journal of Housing Law 63; S.
Stephens, ‘Does the Localism Act 2011 restrict access to social housing?’ (2012) 15 Journal of
Housing Law 114; R. Gordon-Clark, ‘Can Localism Work? Understanding the communications
issues raised’ (2011) 13 Journal of Planning and Environment Law 35; E. Hatfield, ‘A sledge hammer
to crack a small nut’: An analysis of section 124 of the Localism Act 2011’ (2013) 1 Conveyancer
& Property Lawyer 48.
8 Deputy Prime Minister, Nick Clegg, Decentralisation and the Localism Bill: an essential guide n3
above, 1.
9 G. Clark and J. Mather, Total Politics: Labour’s Command State (London: Conservative Policy Unit,
2003).
10 Localism Act 2011, s 1.
Chris Bevan
© 2014 The Author. The Modern Law Review © 2014 The Modern Law Review Limited. 965(2014) 77(6) MLR 964–982
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