Becoming the Council’s Conscience: A Guide for Aspiring Monitoring Officers

In the intricate machinery of local government, few roles carry the weight, complexity, and moral responsibility of the Monitoring Officer. As the statutory guardian of legality, ethics, and governance, the Director of Legal Services and Monitoring Officer is not merely a legal adviser they are the council’s conscience, protector of democratic integrity, and a key architect of organisational culture. This is a role that demands more than technical legal knowledge. It requires courage, strategic foresight, and the ability to navigate political nuance while remaining impartial and principled. The Monitoring Officer must be trusted by elected members, respected by senior officers, and relied upon by the public to uphold the highest standards of conduct.

Yet, despite its significance, many aspiring legal professionals are unclear about what it truly takes to step into this role. The pathway isn’t always linear, and the expectations both written and unwritten can be daunting. This guide is designed to demystify the journey and offer practical insights for those who aspire to lead legal services in local government. Whether you're a Deputy Monitoring Officer, a Principal Solicitor, or a Head of Governance looking to take the next step, this blog will help you understand:

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  What you need to know to be ready

  The skills, mindset, and strategic capabilities that distinguish a Monitoring Officer from a legal manager.

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  What to focus on from day one

  The relationships, systems, and cultural levers that must be prioritised to establish authority and build trust.

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  What to avoid if you want to thrive

  The common pitfalls that undermine credibility, weaken governance, and erode the statutory independence of the role.

“The Monitoring Officer is not just a statutory safeguard they are the ethical compass of the organisation.” LLG Code of Practice for Statutory Officers

Whether you’re preparing for your first Monitoring Officer interview or simply exploring what leadership in legal services looks like, this guide will help you reflect, prepare, and lead with integrity.

1. What You Need to Know to Be Ready

The role of Monitoring Officer is enshrined in the Local Government and Housing Act 1989, which mandates every local authority to designate one of its officers to ensure the legality of council decisions and uphold ethical governance. But in practice, the role is far more nuanced and demanding than the statute suggests. To be truly ready, you must develop a multi-dimensional skillset that blends legal precision with strategic leadership and emotional intelligence. You are not just a legal gatekeeper you are a cultural influencer, a risk manager, and a trusted adviser to both officers and elected members.

Core Capabilities You Must Cultivate

• Legally Astute

  You must have a deep and confident grasp of the council’s constitution, decision-making frameworks, and statutory reporting duties. This includes knowing when and how to issue a Section 5 report a rare but powerful tool that can halt unlawful activity. You’ll also need to advise on standards, member conduct, and the legal implications of policy decisions.

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  Strategically Minded

  The Monitoring Officer is increasingly expected to contribute to corporate strategy. You’ll need to align legal services with organisational priorities, lead transformation programmes, and ensure governance structures support innovation rather than stifle it. This means thinking beyond compliance towards enabling good decision-making and future-proofing the council.

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  Politically Aware

  You must be able to read the room. Understanding the political landscape, member personalities, and the dynamics between officers and councillors is essential. You’ll often be the person who has to say “no” or “not yet” and do so in a way that maintains trust and credibility. Political neutrality is vital, but so is emotional intelligence.

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  Ethically Grounded

  The Seven Principles of Public Life integrity, objectivity, accountability, openness, honesty, leadership, and selflessness must be more than words. They should guide your decisions, your advice, and your leadership style. You are the ethical compass of the organisation, and your conduct sets the tone for others.

“The Monitoring Officer is the conscience of the council. They must be visible, available, and able to deliver difficult messages with authority.” Helen Bradley, Governance Lead, Lawyers in Local Government

Competency Development: A Roadmap to Readiness

Lawyers in Local Government (LLG) have developed a competency framework that maps the journey from aspiring Monitoring Officer to expert leader. It’s a useful tool for self-assessment and career planning:

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  Level 0–1: Emerging Talent

  At this stage, you’re building foundational skills managing legal teams, understanding the political environment, and shadowing senior officers. Exposure to standards investigations, constitutional reviews, and member training is key.

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  Level 2–4: Strategic Leader

  You’re now leading legal services, managing complex risk, influencing governance culture, and representing the council externally. You’ll be expected to advise on high-profile issues, handle sensitive member conduct matters, and contribute to regional or national legal networks.

This progression isn’t just about technical ability it’s about confidence, credibility, and courage. The best Monitoring Officers are those who can combine legal rigour with strategic insight and ethical leadership.

2. What to Focus on From Day One

Your first days in post as a Monitoring Officer are not just about settling in they’re about setting the tone for your statutory leadership, establishing credibility, and embedding governance into the DNA of the organisation. This is the moment where your visibility, authority, and relationships begin to shape how the role is perceived and how effectively it can be exercised.

a. Establish Your Authority

The Monitoring Officer must be more than a name in the constitution they must be a visible and empowered statutory officer. That starts with ensuring your role is clearly defined and respected.

• Review the Constitution: Confirm that your statutory responsibilities are accurately reflected, including your powers to investigate breaches, issue reports, and advise on legality.

• Secure Your Seat at the Top Table: You must be a full and active member of the senior leadership team. If you're seen as a back-office adviser rather than a strategic leader, your ability to influence governance and culture will be diminished.

• Clarify Reporting Lines: Ensure you have direct access to the Chief Executive and elected members. Independence is not just legal it’s relational.

“Statutory officers must understand governance, act wisely, lead ethically, act effectively, resource the roles, build resilience and deliver sound decision-making.” Code of Practice for Statutory Officers

b. Build Relationships

Trust is your currency. Without it, your advice may be ignored, your warnings dismissed, and your statutory powers undermined.

• Engage Early with Key Stakeholders: Build rapport with the Chief Executive, the S151 Officer, the Leader of the Council, and Group Leaders. These relationships will be critical when difficult decisions arise.

• Understand the Political Landscape: Learn the personalities, priorities, and pressure points of elected members. Political awareness doesn’t mean taking sides it means knowing how to navigate complexity with neutrality and tact.

• Be Accessible and Approachable: Make it easy for members and officers to seek your advice. Visibility builds trust, and trust builds influence.

c. Review Governance Frameworks

You are the guardian of good governance. That means ensuring the council’s systems and processes are robust, lawful, and fit for purpose.

• Audit the Constitution and Delegation Schemes: Identify outdated provisions, gaps in decision-making clarity, and areas where legal risk may be lurking.

• Review Standards Protocols: Ensure there is a clear, fair, and transparent process for handling member conduct issues. This includes training, guidance, and support for both complainants and respondents.

• Embed Legal and Financial Input: Work with the S151 Officer to ensure that all key decisions especially those involving contracts, procurement, or policy change are subject to legal and financial scrutiny before they reach Cabinet or Council.

d. Promote Ethical Leadership

Culture starts at the top, and as Monitoring Officer, you are a key driver of ethical behaviour and public accountability.

• Champion the Standards Regime: Don’t wait for complaints proactively promote the Seven Principles of Public Life through training, briefings, and member development.

• Set Expectations for Conduct: Make it clear that ethical leadership is not optional. Reinforce the importance of transparency, fairness, and lawful decision-making.

• Lead by Example: Your own behaviour how you communicate, how you challenge, how you support will shape how others view the role and its importance.

Your first 90 days will define your tenure. Focus on visibility, credibility, and culture. Be bold, be principled, and be strategic. You are not just a legal adviser you are the ethical backbone of the council.

3. What to Avoid

While the Monitoring Officer role offers a unique opportunity to shape governance and uphold ethical standards, it also comes with significant risks some visible, others more insidious. Knowing what to avoid is just as important as knowing what to do. Missteps in this role can undermine your authority, damage relationships, and compromise the integrity of the council.

a. Isolation from Leadership

One of the most common pitfalls is being sidelined from strategic decision-making. Monitoring Officers who lack visibility or influence at the top table often find themselves unable to intervene effectively when governance falters. This isolation can be structural (e.g. not being part of the senior leadership team) or cultural (e.g. being seen as a blocker rather than an enabler).

LLG research has highlighted a worrying trend: many Monitoring Officers feel undervalued, under-resourced, and politically vulnerable. When ethical standards are eroded, some officers feel unable to speak out without risking their careers.

“If I was to make a code of conduct complaint against one of my councillors, that would end my career.” Anonymous Monitoring Officer, LLG Survey

To avoid this, you must assert your statutory independence, build strong alliances with other statutory officers, and ensure your voice is heard in all key governance forums.

b. Overlooking Risk

The Monitoring Officer is a risk manager as much as a legal adviser. Failing to challenge unlawful, unethical, or procedurally flawed decisions can have serious consequences from reputational damage to judicial review. You must be prepared to issue a Section 5 report when necessary, even if it’s politically uncomfortable. This statutory power is rarely used, but when it is, it must be exercised with clarity, confidence, and courage. Avoiding conflict may feel easier in the short term, but it can erode trust in the long term.

• Don’t delay difficult conversations.

• Don’t ignore red flags in decision-making.

• Don’t allow political pressure to override legal and ethical standards.

Your role is to protect the council from itself when necessary.

c. Underestimating Workforce Pressures

Legal services in local government are under immense strain. The Local Government Association’s 2023 workforce survey revealed:

• 23% of legal posts are vacant

• 88% of councils struggle to recruit solicitors

• £94 million spent on agency legal staff in 2022/23

This staffing crisis affects not just service delivery but also your ability to fulfil your statutory duties. If you don’t address workforce planning early, you may find yourself firefighting rather than leading.

As Monitoring Officer, you must:

• Lead on recruitment and retention strategies

• Invest in talent development and succession planning

• Champion flexible working and wellbeing to retain skilled professionals

Ignoring these pressures can leave your team overstretched, your advice delayed, and your statutory responsibilities compromised. In summary, avoid isolation, avoid complacency, and avoid neglecting your people. The Monitoring Officer role is not just about knowing the law it’s about leading with integrity, courage, and clarity in a complex and often politically charged environment.

Final Thoughts

The role of Director of Legal Services and Monitoring Officer is not simply about interpreting legislation or reviewing reports it is a leadership position of profound ethical significance. You are the statutory safeguard, the moral compass, and the strategic enabler of good governance within your council. This is a role that demands clarity of thought, strength of character, and depth of insight. You will be called upon to challenge unlawful decisions, advise on politically sensitive matters, and uphold standards even when it is uncomfortable to do so. You will need to balance legal rigour with emotional intelligence, and statutory independence with collaborative leadership.

If you’re aspiring to this role, now is the time to invest in your development. Begin building:

• Your legal expertise – not just in local government law, but in constitutional frameworks, standards regimes, and public law principles.

• Your strategic mindset – so you can contribute meaningfully to corporate planning, transformation, and risk management.

• Your political awareness – to navigate member-officer dynamics with tact, neutrality, and confidence.

• Your resilience and courage – because there will be moments when you must speak truth to power, and stand firm in defence of legality and ethics.

“The Monitoring Officer is not just a statutory safeguard they are the ethical backbone of the council.”  LLG Code of Practice for Statutory Officers

This is not a role for the faint-hearted but it is one of the most rewarding and impactful positions in local government. You will shape the culture, protect the integrity of decision-making, and ensure that public trust is earned and maintained. And remember: you are the conscience of the council.