Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

EXECUTIVE SUMMARY

1) Summary of Decision Area

1.1. The report concerns the provision of legal services to the New Forest National Park Authority ("the Authority").

2) Issues Covered in Report

2.1. The arrangements made to assist the Authority become operational in 2006 are coming to an end. The report considers whether these arrangements should be continued.

3) Recommendations

It is recommended that:

3.1. It be agreed in principle to explore with the New Forest National Park Authority a new successor arrangement for provision of legal services on a partnership basis.

3.2. That the Head of Legal Services be authorised to conclude the terms of such an arrangement in consultation with the Executive Member, Policy & Resources.

MAIN REPORT

1) Contextual Information

1.1. Legal services to the Authority have been provided by Hampshire County Council's Legal Practice since the Authority became operational in April 2006. This arrangement is governed by a Service Level Agreement . The current arrangements will expire at the end of June 2009.

1.2. This arrangement grew from discussions in preparation for the Authority becoming operational. The County Council has a duty to provide the National Park Authority with such assistance as it may reasonably request for the purposes of discharging its functions, and was asked if it may be able to assist the Authority by providing its legal support. A proposal was developed, and this was subsequently approved by the Executive Member, Policy & Resources, on 31 October 2006.

2) The Current Arrangements

2.1. The current arrangements provide that legal work will be undertaken on the basis 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 are met by the Authority.

2.2. It is 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.

2.3. Current arrangements have worked well, and there has been a considerable amount of very positive feedback from staff and members of the Authority as to the quality of legal services provided.

2.4. It was intended that this arrangement would assist the Authority through its initial period of becoming established and operational and that, after three years, options for future service provision would be reviewed.

3) The Authority's Preferred Option

3.1. The Authority's Resources and Performance Committee has recently considered options for future provision of legal services, including the establishment of an in-house function, or outsourcing via competitive tender.

3.2. The Authority's preferred option is for the current arrangements to continue, on the basis of a shared services partnership between the Council and the Authority. This would entail utilising powers under general local authority legislation, to enter into joint arrangements for the provision of legal services to both authorities by the one internal provider "hosted" by the County Council.

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 Authority, 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 2.1 and 2.2 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 make a further contribution towards these benefits being achieved. The arrangements 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) Comments on the Authority's Proposal

5.1. The development of the existing relationship into one of a shared service is fully consistent with the outcomes of the Council's recent Corporate Services Review of Legal Services.

6) Outline of Options

6.1. Option 1

a) The Council is under no obligation to provide legal services to the Authority. It is an option therefore, to bring current arrangements to an end.

6.2. Option 2

a) The Council could continue to provide legal services as is proposed by the Authority.

7) Option Analysis / Comparison:

7.1. It is proposed to continue to provide legal services to the Authority, and to develop this as a modern shared service. The interests of the Council would remain protected, as explained in paras. 2.1 and 2.2 above. Further, this arrangements delivers the benefits for the Council set out in section 3. Finally, the development of a shared service is consistent with the outcomes of the Corporate Services Review of Legal Services.

8) Conclusions

8.1. The current arrangements have worked well to the mutual benefit of the Council and the Authority. It is proposed that these are continued and further developed.

9) Recommendations

Please see Executive Summary for recommendations.

CORPORATE OR LEGAL INFORMATION:

IMPACT ASSESSMENTS:

1. Equalities Impact Assessment:

a) There is not considered to be any impact.

2. Impact on Crime and Disorder:

a) None

3. Climate Change:

a) How does what is being proposed impact on our carbon footprint / energy consumption?

· Not applicable

b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?

· Legal support to the Authority includes advice on the application of the law regarding environmental protection and sustainability