Archived decisions

Contact: Kevin Gardner, ext 7381

1. Summary

1.1 This Report recommends that formal approval be given to action taken, in consultation with the Executive Member, Policy and Resources, to finalise arrangements for the provision of legal services to the New Forest National Park Authority for the period to 31 March 2009.

2. Request for Assistance

2.1 The New Forest National Park Authority came into being on 1^st April 2005, and became fully operational on 1^st April 2006. In preparation for becoming operational and taking on its full functions, the Authority's Chief Executive approached the County Council's Chief Executive, to discuss the possibility of the Authority's legal services being provided by the County Council's in-house legal team, the Legal Practice. Further discussions have led to the development of arrangements for the provision of legal services to the Authority for the period until 31^st March 2009.

3. Basic Principles of the Arrangements

3.1 The arrangements have been developed on the basis that this work will be undertaken provided that it does not prejudice in any way the provision of legal services to the County Council by the Legal Practice. Thus, all costs incurred in providing legal support to the Authority will be met by the Authority.

3.2 It is considered unlikely that a situation would arise where a professional conflict of interest prevented the Legal Practice from advising both the County Council and the Authority. However, the arrangements include an express provision stating that, should such a conflict ever arise, the Authority would make other suitable arrangements for legal advice on that matter to be provided by another solicitor's practice. The costs incurred in obtaining such services would be borne by the Authority. This means that a situation would never arise where a conflict of interest would prevent the Legal Practice from acting for the County Council.

3.3 The duration of the arrangements for an initial period to 31^st March 2009 provides some stability for both parties and facilitates service planning. Continuation beyond this period would be subject to further discussions.

4. Benefits for the County Council

4.1 While the vast majority of the Legal Practice's time and efforts are devoted to supporting officers and members of the County Council, the Practice has developed its business in recent years to include the provision of legal services to certain other outside bodies in Hampshire. These include Hampshire Fire and Rescue Service, Hampshire Police Authority, Hampshire Probation Board and the governing bodies of most community schools. The County Council is able to provide legal services to certain other local authorities and public bodies under the Local Authority (Goods and Services) Act 1970. Any such work is carried out on the basis of the principles set out at paragraph 3. above.

4.2 The income from such arrangements enables the Practice to retain a body of in-house lawyers with the capacity, expertise and experience to advise on a wide range of local authority and public law issues, so enhancing the range and quality of legal advice and representation that is available in-house to the County Council. A growing and diverse client base also assists with the attraction and retention of high quality legal staff.

4.3 The arrangements with the National Park Authority will make a further contribution towards these benefits being achieved. The arrangements will also contribute to the Corporate Strategy aim of enhancing our quality of place, by supporting the Authority in the conservation and enhancement of the New Forest National Park, and the promotion of understanding and enjoyment of its special qualities.

5. Impact Assessment

5.1 The arrangements set out in this Report are consistent with the Legal Practice Service Plan, which has been the subject of a full equalities impact assessment. Legal Services staff operate within legal frameworks, including equalities and human rights legislation, and professional rules on equality and diversity in meeting client needs. It is unlikely therefore that any particular group would be denied access to County Council services as a result of this arrangement.

6. Recommendation

That approval be given to action taken, in consultation with the Executive Member, Policy and Resources, to finalise arrangements for the provision of legal services to the New Forest National Park Authority for the period to 31^st March 2009.

OR

Section 100 D - Local Government Act 1972 - background papers

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.

TITLE FILE

None