Contact: Pam Robinson, Deputy Director Children and Families. (01962 847991) [email protected]

1 Summary

1.1 This report sets out an analysis of the use of the Emergency Out of Hours Legal Service since it was established in August 2003. It makes the case that the service is not cost effective and recommends termination of the service.

1 Recommendations

1.1 That the current Out of Hours Legal Service be terminated with effect from 10 April 2007, with senior managers available for professional support.

1.2 That further research be carried out to establish the feasibility of procuring a more cost effective option.

1.3 That a report be made to the Executive Member for Children's Services in one year on the impact of the termination of the in house service and on the results of any alternative service procured.

2 Background

2.1 On 21 November 2003, the Executive Member for Children's Services made the decision to accept Recommendation 36 of Lord Laming's report into the death of Victoria Climbie.

2.2 The recommendation in the Lord Laming report falls short of being a statutory requirement. As a result of the acceptance of the recommendation, the current Out of Hours Legal Service was established.

2.3 Other options were considered and discounted at that stage. These included providing the service in collaboration with other local authorities or procurement from an external source. However, there were concerns in both cases about cost, insurance, liability and the lack of knowledge of other providers of the staff and issues in Hampshire. As a result, the decision was that Hampshire's own child care lawyers would provide an out of hours legal service. This was subject to a Service Level Agreement.

2.4 The service was established in August 2003 and is still provided. The agreed cost as the time was £30,600 per annum.

2.5 Various arrangements exist in neighbouring authorities. One authority is in the process of procuring the service from another local authority. Another obtains the service on a no cost good will basis from the child care solicitors. Another has chosen on a value for money basis not to implement the recommendation.

3 Use of the Out of Hours Legal Service

3.1 It was agreed at the outset that access to the child care lawyers on rota would only be with the agreement of Service Managers. It was also agreed that use of the service would be tightly monitored.

3.2 There have been, between the 1 August 2003 and the present day , a total of 12 calls to the Out of Hours Legal Service. It is important to note that in some of the cases details show it was deemed that the call was "inappropriate". In one case for example it was a Portsmouth child, in another the advice could have waited until the following day, in two further matters the managers could have given risk and practice advice. Contact in the two cases since March 2005, have been deemed to be appropriate; both concerned uncertainty about the use of secure accommodation.

3.3 The cost of the service to date has been £104,750.

4 Alternative arrangements

4.1 Social workers are able to make applications for Emergency Protection Orders outside of normal court hours. Training will be made available to staff and their managers to ensure that they have the knowledge base necessary to undertake this. Although there would be a saving in terminating the Service Level Agreement for the Out of Hours Legal Service, a budget will be maintained to ensure such training is available.

4.2 Police officers have certain police protection powers. Whilst these should not be used as an alternative to application for Emergency Protection Orders, they nevertheless provide some degree of protection that can be used in many circumstances. These powers are time limited, however, and would not be available to cover an entire Bank Holiday weekend. Officers are still exploring possibilities for the cost effective procurement of legal advice in such circumstances.

4.3 The Director of Children's Services, the Deputy Director, Area Directors and District Managers are all available by telephone out of hours, unless they are on leave, in which case they arrange with one another who the lead senior cover is and they inform the Emergency Duty Service, Social Work Direct.

5 Conclusion

6.1 Given the cost of the existing service and the analysis of its use since its inception, the conclusion is that to provide 24 hour legal advice is not cost effective.

6 Consultation

6.1 Consultation has taken place in meetings and in correspondence with the Principal Child Care Solicitor, with the Head of Corporate and Legal Services and with the relevant managers of the Emergency Duty Team, Social Work Direct.

7 Legal Implications

7.1 The decision which the executive member is being asked to make today is to effectively reverse her previous decision on 21 November 2003 to accept Recommendation 36 of Lord Laming's report into the death of Victoria Climbie, and to ensure 24/7 access to legal advice. . There was also agreement to review the service in due course. By placing this paper before the executive member the director is fulfilling the terms of the agreement by which the service would be reviewed.

7.2 The recommendation in Lord Laming's report falls short of being a statutory requirement. There is no legal requirement for access to legal advice on a 24 hour basis., and because of this, the Executive member is at liberty to bring these arrangements to an end.

7.3 If the executive member does seek to agree the decision, the executive member must be aware of the benefits and potential risks of such a decision. The Executive Member has taken separate confidential legal advice on this and will take this into account when making her decision.

7.2 The Director is clear that he accepts responsibility for any consequences of making this decision

8 Financial Implications

8.1 There is a potential saving to the authority of £30,600 per annum. In the Budget Forward Plan, a saving of £24,000 is shown, allowing for £6,600 to pay for appropriate training for professional staff and the possibility of procuring out of hours legal services over bank holiday periods.

8.2 There is also the possibility of cost to authority arising from potential liabilities arising from the decision not to implement one of the recommendations of the Victoria Climbie report.

9 Personnel Implications

10.1 Current child care solicitors will cease provide stand-by cover for this service out of hours.

10 Impact Assessment

10.1 The race and equality impact assessment has been considered in the development of this report. No adverse impact has been identified.

Section 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have 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.

List documents here or type `none'.

None