Historic arrangements are not a governance defence
“We have always done it this way” may explain a practice. It rarely justifies it.
Long-standing arrangements can acquire a false legitimacy simply because they are familiar. That is particularly dangerous where the underlying power, delegation, policy basis, equality analysis, consultation history or fee justification has not been reviewed for years.
Where the risk often sits
- Delegations that no longer match the constitution or operating model.
- Fees and charges that lack a current evidential basis.
- Policies that cite repealed, amended or superseded guidance.
- Informal practices that determine outcomes without adequate record keeping.
The solution is not to discard institutional knowledge. The better course is to test it, document it and bring it within a current governance framework.
Source base
Relevant materials include local authority constitutions, statutory guidance, audit findings, Ombudsman decisions and judicial review principles concerning lawful authority, relevant considerations and procedural fairness.
This commentary is general information only. It is not legal advice and should not be relied on without advice on the specific facts.