Next in our series of ebriefings on the Government’s Green Paper: Transforming public procurement; looking at the Chapter 4 proposal to change the basis of contract awards.
In line with the Government’s aim to see all local authorities with adoption responsibilities participating in regional adoption agencies (RAAs) by 2020, the Department for Education has approved the setting up of 5 new adoption agencies involving a total of 17 councils.
With this ongoing shift in service delivery, we have set out below our top considerations for councils:
- The Vision: is it consistent across all the councils involved? Has there been engagement with key voluntary adoption agencies active locally and regionally? As with any collaboration, the cultural and strategic fit between councils and VAAs can make or break the venture.
- Are there any Children’s Trusts involved in managing children’s services for any of the councils? Their ongoing involvement once the RAA is up and running will need to be documented and fit with the legal form selected.
- Legal Form: this could be a hosted service model through a joint committee or the creation of a jointly owned entity. As part of this, early consideration should be given to how decision making will work and who will be responsible for what decisions (including where decisions will be delegated).
- Procurement: in both models compliance with the public procurement regime will be necessary. Adoption services fall within the Light Touch Regime, so do your arrangements comply with Regulation 12, Public Contracts Regulations 2015 – whether Teckal or Hamburg Waste co-operation?
- Voluntary adoption agency involvement: Cross-sector collaboration is an expectation. Is there a need to procure this if the agency will be providing services to the RAA?
- Staff: the RAA’s staffing requirements need to be identified at an early stage to ensure both proper consultation and buy-in from staff but also compliance with TUPE. Ongoing pension provision and responsibility for past and future pension liabilities will need to be factored in.
- Assets: what assets is the RAA going to need to function? This could be anything from office space, to server capacity and mobile phones. Identify what assets each council has for the service, what can be dispensed with and what can transfer (including the basis upon which it will transfer or be made available to the RAA – taking into account State-aid rules where they apply).
- Support Services: which council or councils is/are best placed to support the operation of the RAA? In the case of a hosted joint committee, this will most likely be the host council, but both models could include a mixture of councils providing different support. How will the councils account for this support?
- Regulatory compliance: consider what each council’s current relationship is with OFSTED and other regulators. Is there anything that the new RAA would need to factor into service delivery? The RAA will need to engage with OFSTED and ensure that it has all correct consents in place.
- State aid: unlikely to be an issue, but once legal form and structure of service delivery and support are known then advice should be obtained to ensure there is full State-aid compliance.
The Academies Financial Handbook is updated annually by the Department for Education and the Education and Skills Funding Agency; it contains a number of governance requirements for academy trusts.
Supreme Court publishes key decision for those working in the UK’s gig economy.
The 'Chocolate Snowman Appeal' is an amazing initiative that Anthony Collins Solicitors' (ACS) employees take part in every year.
The Building Safety Bill (the Bill) is said to be the most significant and wide-ranging change to the regulatory environment for higher risk building (HRBs) for over 45 years.
On 4 November 2020, the Restriction of Public Exit Payments Regulations 2020 (the Regulations) came into force; exit payments for the public sector were capped at £95,000.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
Anthony Collins Solicitors is today (Thursday 11 February) revealing the scale of its social impact during 2020.
In their first podcast of this series, current and future trainees will discuss their journey and route to securing a training contract at Anthony Collins Solicitors.
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