In June we took on the challenge to become a Sepsis Savvy organisation - I'm really pleased to announce we've done it!
- Local government functions — local authorities may only act where they have a power (they can act) or a duty (they must act) set out in legislation.
- Different forms of local authority — not all local authorities are the same:
- Unitary authorities have all local government functions;
- County councils and district councils operate in two-tier areas and split functions between them – so in a county, there will be a number of districts/boroughs;
- Borough councils are a type of district council and have the same functions – the difference is that the Chairman is called Mayor (but is not a directly elected mayor);
- Parish councils (which are sometimes called town councils) are the lowest tier of local government and not all areas have them. They only have limited functions;
- Combined authorities are a relatively new form of local government and operate at a regional level. They are in addition to, and do not replace, the other local authorities in the same area.
- Who makes the decisions? — the decision making power can be held by different individuals and groups. Most local authorities operate an executive model led by either a leader, who is elected by the councillors, or a directly elected mayor. Most decisions made by a local authority will be executive decisions. A few decisions (e.g. the budget) must be taken by the councillors all acting together. Most decisions are taken by:
- Groups of councillors sitting as the cabinet/executive or as committees;
- A directly elected mayor;
- Individual councillors; or
- Employees/officers of the council.
- Factors to be taken into consideration when making decisions — local authority decision-makers are bound by rules on pre-determination and pre-disposition. They should make decisions based on all of the relevant factors and not irrelevant matters. Above all, decision makers must act reasonably. Failure to comply with these rules could mean that the decision can be challenged through judicial review.
- Timescales for making decisions — time can be an issue in any large organisation, and local authorities are no different. The time needed to follow decision-making processes and the added pressure of budget cuts on local government should be taken into account. You should make provisions for extra time to be built into your own plans from the outset, to allow for any delays in decisions and document preparation.
- Duty of care — local authorities owe a duty to their council tax payers in how they spend public money. In addition, they have further duties when spending public resources or selling public assets:
- Public procurement – local authorities must comply with their own standing orders (usually called the Contract Procedure Rules) and, above certain thresholds, public procurement law - in particular, the Public Contracts Regulations 2015. These rules significantly limit the ability of local authorities to negotiate contracts. If you are tendering and have any concerns, raise them during the process and not after it.
- State aid – except in particular circumstances, these EU rules prevent state subsidies where the subsidy is given to anybody who is putting goods and services on the market (it does not have to be for profit). The subsidy could be cash, or it could be selling an asset for less than its market value. If you are receiving grants, loans or assets from a local authority, ask the authority about state aid. If the rules are not complied with, then the aid will have to be repaid with interest.
- Transparency — authorities are required to publish data on expenditure and are subject to the Freedom of Information Act 2000. If you are dealing with a local authority and want something to remain confidential, then you will need to raise this with the authority at an early stage - ideally before you disclose any information.
- Transfer of local authority staff — if you are contracting with a local authority and the transaction is likely to result in the transfer of local authority staff (or those previously employed by a local authority), then you will need to factor in either continued membership of the Local Government Pension Scheme or make an alternative pension provision. Whilst the terms of the Local Government Pension Scheme have changed, they remain significantly better than many private sector pensions. By offering continued membership or an alternative, this could have cost implications for you.
If you would like further information in regards to dealing with local authorities, then please contact Olwen Dutton.
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We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
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