We discussed how they were using their resources to generate income, which service areas they were best at collaborating in and their experience/role in collaborative ventures.
Together we had a wide-ranging conversation that we have now captured in a findings report, '[media type="link" id=25]'. What is striking is the range of experiences that councils’ Legal Services have in their different parts of the country. Many of the challenges are shared, but the ways of dealing with them vary widely. At the one extreme, just doing the “day job” is a big hurdle, but for others there is a surprising degree of confidence and control over their resources. There were councils that showed that they knew exactly what they were doing and how to respond to these challenging times.
It is this intentionality that holds the key to continued quality service delivery of the legal function in local government. Strong leadership and effective management are essential qualities in senior legal officers and there is encouraging evidence that these continue to be available in councils.
It’s always interesting to look at co-working with others from different ends of a telescope, and there are some things that we have found really valuable when collaborating with our in-house colleagues, with reference to one project in particular.
For the last two years Staffordshire County Council have undertaken a process of creating a joint venture vehicle with the private sector to deliver education support services. The aim was also to deliver economic growth by creating an enterprise building on the council’s expertise and track record. Anthony Collins Solicitors was asked to join the wider project team (including KPMG) to help shape the procurement process and achieve a consensus on how to maintain maximum flexibility within the confines of a clear and consistent framework. In April 2012 the Council launched its OJEU Notice asking for investor partners. At the end of December 2012 the Council signed its joint venture with its chosen partner, Capita, with a view to commencing the partnering arrangement on 1st April 2013.
Working closely with our in-house colleagues effectively as a “unit” coordinated by Jean Evans, the Council’s Head of Legal Services, our role was to prepare and negotiate the legal documentation, guide the council through the procurement process especially in relation to the evaluation of bids and to help future gaze – anticipating and addressing legal concerns likely to develop down the line. We were able to make our contribution fully because the Council did several things really well:
Encouragingly, in these times when people can be full of gloom about the impossible, local government is still at the heart of shaping and delivering the possible. Of course there are plenty of hurdles still to be overcome, but positive engagement definitely can yield opportunity.
Collaboration will be the way forwards increasingly for public services to be sustained. It is a space for all of us to occupy and develop.
Mark Cook is a partner with Anthony Collins Solicitors LLP.
We hosted a breakfast roundtable with Insider Midlands magazine that had attendees from a range of organisations addressing housing needs in the Midlands. The discussion explored JVs in more detail.
The decision of the Court of Appeal in The Harpur Trust v Brazel & Unison has made clear that employers can no longer legally calculate part-time holiday based on 12.07% of hours worked over a year.
Social landlords are seeing a rising number of Equality Act defences to possession proceedings. A recent Court of Appeal decision helps shift the likelihood of such defences succeeding.
On 31 July, the consultation period ended on MHCLG’s proposals for reforming the building safety regulatory system set out in the 'Building a Safer Future' document. We have submitted our response.
For decades now, fewer and fewer services provided by local authorities have been delivered directly by them. However, over the last couple of years, there are signs that this tide is changing.
The Government commissioned an independent review of the Modern Slavery Act 2015 in July 2018. The outcome was published in May 2019 which highlighted areas for improvement.
In 2017, the NCVO commissioned a review of the tax reliefs available to charities. The brainchild of this review was published on 17 July 2019 in the form of the Charity Tax Commission report.
In 2014, the Charity Commission released its first guidance for charities on reporting serious incidents. The Commission has recently updated this guidance.
In the third part of our series on contract management pitfalls, we look at the risks and opportunities presented by instructing changes under construction contracts.
Our spotlight piece considers the role of a Senior Independent Director and sector best practice. We also explore recent developments in case law, regulatory and data protection updates, and more.
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