Stepping into the Monitoring Officer Role: Insights from Dan Fenwick

With Local Government Reorganisation and Devolution becoming increasingly central to discussions, the role of the Monitoring Officer has never been more crucial in navigating uncertainty. As a result, the position of Deputy Monitoring Officer (DMO) is evolving, with many professionals considering when to take on the statutory responsibilities of a full-fledged Monitoring Officer (MO).

In my role at Tile Hill, I regularly speak with DMOs and senior members of Council legal teams. A common question that arises is: When is the right time to step into my first Monitoring Officer role?

To provide insight, I reached out to several current and former Monitoring Officers across England to gather their advice for those looking to take the next step. One of my first conversations was with Daniel Fenwick, Executive Director of Corporate Services (Monitoring Officer) at Thurrock Council. With 15 years of experience across London Boroughs and Liverpool, Dan is a well-established leader in the field.

Roles and Responsibilities

One of the most significant transitions from DMO to MO is the shift in daily responsibilities. Dan highlights that many DMOs specialise in a specific area of law, developing deep technical expertise. However, as an MO, the focus moves away from casework to problem-solving, decision-making, and corporate leadership.

Rather than acting as a subject-matter expert, the MO must take a broader view, working closely with finance, internal audit, and the Chief Executive to guide the Council with integrity. However, what MOs leave behind in casework, they pick up in Elected Member complaints. This aspect of the role is so critical that our MO recruitment processes always include a question about handling such complaints. Dan’s advice? Play it straight. The Code of Conduct is clear.

At Thurrock—where the Council is currently under intervention—Dan must constantly assess whether decisions align with the best interests of the authority, rather than just the administration. This can be challenging, particularly given the isolation of the role. Unlike other positions, the MO often has no one else to turn to when facing complex legal dilemmas. Dan emphasises that strong relationships—especially with the Chief Executive and Section 151 Officer—are essential in overcoming this challenge.

Relationships and Networks

Relationships were a recurring theme in our discussion. Dan underscores the importance of the "golden triangle" partnership between the MO, Chief Executive, and Section 151 Officer, as well as connections with other Monitoring Officers.

He notes that he has never met an MO unwilling to share their experiences, and he frequently reaches out to his network for guidance on sector-wide issues. For aspiring MOs, regional networks are invaluable—there is no challenge that hasn’t been faced and overcome before.

Dan also highlights the need to understand the difference between being a local government lawyer and stepping into the corporate leadership space. A successful MO protects the interests of the Council, backed by a strong legal team, rather than just focusing on legal technicalities.

Navigating Politics

One of the most delicate aspects of the MO role is handling complaints against elected members. Dan’s top piece of advice? Be cautious.

This is one of the toughest parts of the job, but the key is to remain impartial. Many complaints stem from misinterpretations—Councillors don’t always realise when they’ve overstepped. While informal resolution should always be explored, it’s equally important not to be naive. Understanding the motivations behind a complaint is key, ensuring that both sides are equally considered.

Political acumen is critical, as the MO must ensure that both sides receive fair treatment while maintaining transparency with the public. This means setting clear expectations for independent investigations and ensuring procedural fairness.

Dan also stresses the importance of staying out of officer politics. As an MO, maintaining neutrality is essential—you cannot afford to become a pawn in internal disputes.

Sector-Wide Challenges

Local government legal teams face growing pressures due to diminishing resources and increased workloads – doing more for less. A key topic of discussion in the sector is whether MOs should have the power to suspend elected members or impose sanctions. Dan believes that while this would strengthen accountability, it would also make the standards process more complex. Stronger enforcement powers would require MOs to take a more active role in decision-making, shifting their role from oversight to direct intervention. The long-term implications of this remain a subject of debate.

Another pressing issue is recruitment and retention within legal teams. While both Thurrock and Liverpool have managed relatively well in this area, Dan acknowledges that many Councils struggle to attract and retain legal talent.

His approach? “Grow your own.” Investing in training for new graduates and creating a compelling career path can help build a strong legal team. To compete with the private sector, Councils must highlight what they can control—offering attractive working arrangements, career progression, and meaningful work.

Final Advice for Aspiring Monitoring Officers

Dan’s key takeaway for those considering the MO role?

🔹 You don’t have to be the best lawyer in the Council to be the Monitoring Officer.
🔹 It’s about sound judgment, strong relationships, and corporate leadership.
🔹 You are supported by a team of experts—you don’t have to do everything yourself.

Ultimately, the MO role is about guiding the Council with integrity, ensuring good governance, and maintaining public trust. If you’re considering taking the next step, focus on developing your leadership skills, building strong networks, and understanding the bigger picture.