1 Summary

2 The following decisions are sought.

2.1 Executive Member - Social Care accepts Recommendation 36 of the Victoria Climbe Inquiry Report that "No emergency action on a case concerning an allegation of deliberate harm to a child should be taken without first obtaining legal advice. Local Authorities must ensure that such legal advice is available 24 hours a day".

2.2 Executive Member - Social Care agrees the terms of the Agreement between Social Services Department and Chief Executive's Legal Practice for the provision of Emergency Out of Hours Legal Service.

2.3 Executive Member - Social Care endorses the new service and new spend from the Children and Families legal budget.

3 Reason(s)

2.1 To ensure the provision of emergency out of hours legal service.

4 Other options considered and rejected

3.1 Setting up a consortium with other local authorities or contracting the service out to private practice were considered and rejected.

5 Conflicts of Interest declared by the decision-maker or a Member or Officer consulted

4.1 None

6 Dispensation granted by the Standards Committee

5.1 Not applicable

7 Reason(s) for the matter being dealt with if urgent

Approved by: Date of decision:

Councillor Felicity Hindson

1 Introduction

1.1 The Victoria Climbie Inquiry Report published on 28 January 2003 made 108 recommendations.

1.2 Recommendation 36 relates to legal advice and states: "No emergency action on a case concerning an allegation of deliberate harm to a child should be taken without first obtaining legal advice. Local Authorities must ensure that such legal advice is available 24 hours a day." The timescale for implementation was 3 months.

1.3 The expectation from the Department of Health is that all Councils will ensure that staff have access to legal advice and that it is normally sought before any emergency action is taken to safeguard a child. If legal advice is not sought the reason for this should be noted on the case file.

1.4 Given that it was quite clear 24 hours 7 days a week advice should be made available representatives of Social Services Department and Chief Executive's Legal Practice considered the various options which included offering the service in-house, a consortium with other local authorities or contracting the service out to private practice.

1.5 Whilst consideration was given to the possibility of working in partnership with neighbouring local authorities certain factors would need to be taken into account. First there would be the insurance issue, one local authority advising another local authority; secondly the necessary follow-up the next day; thirdly the lack of knowledge of another local authority's matters and personnel; fourthly how the service is managed and finally for Hampshire the expressed preference that the advice is given by solicitors known to them from the Chief Executive's legal practice team. If the service were put out to an external source it would undoubtedly be at much greater cost and for reasons of continuity private practice was not regarded as an option.

1.6 The Legal Practice confirmed that the child care lawyers would be able to provide the out of hours legal cover in-house with effect from 1 August 2003 and the draft Agreement between the Client: Social Services and Service Provider: Legal Practice is attached at Appendix 1.

1.7 The cost of the service will be £22,950 in respect of the initial period 1 August 2003 to 31 March 2004. Thereafter provided the Agreement is renewed for a further period or periods under Clause 2(i) of the Agreement the cost will be £30,600 per annum. This figure will be increased each year with effect from 1 April (including the 1 April 2004) by the same percentage applied to County Council HMG staff salary grades for the same period.

1.8 The above costings are arrived at on the basis that no more than 20 hours of legal advice will be given in any one year period pro rata in the initial period from 1 August 2003 to 31 March 2004. Therefore any additional service shall be charged for at a rate of £60 per hour which is based on the lowest hourly legal aid rate.

RECOMMENDATIONS

1. Executive Member - Social Care accepts Recommendation 36 of the Victoria Climbie Inquiry Report that "No emergency action on a case concerning an allegation of deliberate harm to a child should be taken without first obtaining legal advice. Local Authorities must ensure that such legal advice is available 24 hours a day."

2. Executive Member - Social Care agrees the terms of the Agreement between Social Services and Chief Executive's Legal Practice for the Provision of Emergency Out of Hours Legal Service.

3. Executive Member - Social Care endorses the new service and new spend from the Children and Families legal budget.

Section 100 D - Local Government Act 1972 - Background Documents

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published works

2. Documents which disclose exempt or confidential information as defined in the Act

APPENDIX 1

CORPORATE AND LEGAL SERVICES DIVISION

CHIEF EXECUTIVE'S DEPARTMENT

HAMPSHIRE COUNTY COUNCIL

SERVICE LEVEL AGREEMENT FOR THE PROVISION OF EMERGENCY OUT OF HOURS LEGAL SERVICE

1. Definition

Client: SOCIAL SERVICES DEPARTMENT

Service Provider: LEGAL PRACTICE

2. The Period Covered:-

(i) For the period commencing on 1^st August 2003 to 31 March 2004, renewable thereafter for periods of one year by agreement between the parties.

(ii) All aspects of the operation of this agreement to be reviewed by the parties, 6 months after the commencement of this agreement and thereafter as soon as practicable after the 1 October in any year, where the agreement is renewed further to clause 2 (i).

3. Description of Service

(i) Provision of Legal Advice by telephone where the Client proposes to take emergency action on a case concerning an allegation of deliberate harm to a child.

(ii) The Service Provider will inform the Client of the specified out of hours emergency telephone number to be used.

3. Hours of Operation

The provision of an emergency out of hours legal service is to ensure that legal advice is available 24 hours a day.

(i) Out of Hours:- Weekdays between the hours of 5pm and 8.30am, weekends and Bank Holidays.

5. Making a Referral

(i) Referrals to the Service shall only be made by the Service Manager for the Client's Emergency Duty Service.

(ii) The person making the referral must not assume that the Legal Adviser has any previous knowledge of the actual case and therefore all instructions on the matter on which advice is sought must be given. Advice will be given by the Legal Adviser on the basis of the instructions actually received.

6. Monitoring

(i) In respect of all referrals the Legal Adviser will prepare a written Attendance Note of the instructions received and the advice given, such attendance notes will be monitored by the Service Provider's Principal Solicitor (Child Care) to ensure that the referral falls within the Description of Service.

(ii) Where any of the persons receiving a copy of the Attendance Note is of the view that any referral received did not actually fall within the Description of Service, the parties shall review the matter to ensure that any lessons can be learned so that future referrals do fall within that description. A copy of the Attendance Note will be forwarded to the Service Manager for the Emergency Duty Service and the Assistant Director of Social Services.

(iii) The Service Provider will seek feedback from the Client via the use of Feedback Questionnaires in the usual way.

7. Price and Volume of Service

(i) The Price of the Service shall be £ 22,950 in respect of the initial period from 1^st August 2003 to 31^st March 2004. Thereafter provided this Agreement is renewed for a further period or periods under clause 2 (i), the Price shall be £ 30,600 per annum. This figure shall be increased each year with effect from the 1^st April (including the 1 April 2004) by the same percentage applied to County Council HMG staff salary grades for the same period.

(ii) The above costings are arrived at on the basis that no more than 20 hours of legal advice will be given in any one year period pro rata in the initial period from 1^st August 2003 to 31^st March 2004. Therefore any additional service shall be charged for at a rate of £60 per hour.

8. Standard of Service

(i) The Principal Solicitor (Child Care) has a duty to ensure that any individual Legal Adviser involved in the provision of the Service is a qualified Solicitor or Barrister suitably experienced in child care law and practice.

Signed: ............................................ (On behalf of

Kevin Gardner Corporate and Legal Services Division)

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Signed: ........................................... (On behalf of the Client)

Steve Love