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LLG Board Meeting 17 June 2016 Agenda

AGENDA of the LLG Board meeting

17 June 2016 at 11:00am LGA, Local Government House, Smith Square, London, SW1P 3HZ

Apologies: (Bev Cullen, Ann Harlow, Collette Longbottom, Tim Briton, Philip Thomson,

Adam Simpson, Baan Al-Khafaji, Gareth Owens,)

ITEM LEAD TIME

1. Presidents opening comments DFB 11:00

2. Changes to the Board membership since the last meeting AH

3. Actions list

DFB

4. Minutes of the last meeting(s) & matters arising

26 February 2016 board meeting DFB 11:05

13 May 2016 executive board meeting

DFB

Reports

5. Development Officers report HM 11:10

6. Treasurers Report NS

7. LLG Enterprises Report DC

8. Regulatory Issues and Law Society updates BC

9. Any branch or SAA issues

For discussion

10. Awards event HM 11:30

11. Corporate Partner renewal, new LLG relationship managers DFB

12. Governance Review DFB/PH

13. Horizon Scanning – with Jacqui McKinley at the Centre for Public scrutiny

DFB 12:15

LUNCH 12:30

Breakout sessions

DFB and SB with SAAs, joined by Jacqui McKinley 13:00

PH with Branch reps

MAIN MEETING RE-CONVENES

LLG Board Meeting 17 June 2016 Agenda

14. Feedback from the breakout sessions 14:00

15. Confidential

Trust update BC 14:15

AOB confidential matters

16. Any other business

14:30

17. Future Meeting Dates

5 August 2016, Executive Board meeting, at Geldards, London 16 September 2016 – Business Development Day, LB Southwark 11 November 2016 – Exec Board meeting, at DAC Beachcroft 16 December 2016 – Board meeting (venue not yet booked) 10 February 2017 – Exec Board meeting, Browne Jacobson 17 March 2017 – Board meeting, Eversheds

LLG Board Meeting 17 June 2016 Item 2: Changes to LLG Board Members Page 1

Item 2: Changes to the LLG Board members since 26 February 2016 Board meeting

Resignations from the LLG Board as below Ann-Maria Brown SE Branch 16 March 2016 Mark Hynes Past President 9 April 2016 Nicholas Dobson Communications Officer 9 April 2016 Helen Thompson Junior Professional SAA Lead 18 May 2016

LLG Board Meeting 17 June 2016 Item 2: Changes to LLG Board Members Page 2

List at Companies House

Snape Nigel Treasurer Thomson Philip Past President Anderson Ian SAA Partnership & Procurement Carter David LLG Enterprises Limited Chair Cole Graham SAA Children’s' Services & Education Cullen Bev Immediate Past President Forrester-Brown Doreen President Hoggart Eleanor SAA Monitoring Officers & Governance Horsfield Philip Vice President (+ East Midlandss Branch) Stuart Alison SAA Housing & Regeneration Taylor Stephen Southern Branch Turner Stephen Yorkshire & The Humber Branch Owens Gareth Wales Branch Longbottom Colette North East Branch Briton Tim SAA Litigation & Licensing Price Angharad SAA Employment Mckoy Rachel SAA Planning Highways & Environment Nigel Inniss Eastern Branch Evans Stuart W Midlands Branch Binjal Suki Deputy Vice President

Suite 2 Sanford House Tel 01483 478769

Medwin Walk

Horsham [email protected]

W Sussex [email protected]

RH12 1AG www.lawingov.org.uk

LLG Company House Directors and Alternate Directors

Updated 14.06.2016

LLG Board member Board Position Email Contact Additional Email to cc in Telephone

Doreen Forrester-Brown President [email protected] [email protected] 07950157398

Phillip Horsfield Vice President [email protected] 07920278292

Suki Binjal Deputy Vice President [email protected] / cc [email protected] [email protected]

Bev Cullen Immediate Past LLG President [email protected] 07752012908

PhilipThomson Past LLG President [email protected]

Vacant Communications Officer

Nigel Snape Treasurer [email protected] 01905 368242

David Carter LLG Enterprises Limited Chair [email protected] 01926 412564

Colette Longbottom NE Branch [email protected] [email protected] 03000 269732

Suzanne Gamble (alternate Director) NE Branch [email protected]

Adam Simpson NW Branch [email protected] 01772 532012

Vacant (alternate director) NW Branch

Stephen Turner Yorkshire & Humber Branch [email protected] 07970400629

Philip Horsfield E Midlands Branch [email protected] 0115 917 3230

Guy Goodman (alternate director) E Midlands Branch [email protected] 0116 229 2036

Stuart Evans W Midlands Branch [email protected] [email protected] 0121 3034868

Nigel Inniss Eastern Branch [email protected] 01473 264236

David Holt Eastern Branch [email protected] 01473 264220

Vacant SE Branch

Baan Al-Khafaji SW Branch [email protected] 01305 221589

Stephen Taylor Southern Branch [email protected] [email protected] 01793 463012

Maria Lucas Southern Branch [email protected] 01225 394467

Gareth Owens Wales Branch [email protected] 01352 702344

Linda Rees Jones ( Vice Chair) Wales Branch [email protected] 01267 224010

Suki Binjal London Branch [email protected] 07900 583458

Asmat Hussain (alternate director) London Branch [email protected] 020 8379 6438

Officer 20/04/2015 SAA Title email contact Additional Email to cc in Telephone

Vacant SAA: Adult Social Care & Health

Graham Cole SAA: Children’s Services & Education [email protected] 01582 546953

Angharad Price SAA: Employment [email protected] 01443 863150

Alison Stuart SAA: Housing & Regeneration [email protected] TBC

Vacant SAA: Information Management

Vacant SAA: Junior Lawyer

Vacant SAA: Junior Lawyer

Tim Briton SAA: Litigation and Licensing [email protected] 0191 4332460

Eleanor Hoggart SAA: Monitoring Officers and Governance [email protected] 01733 380636 / 07508 824549

Ian Anderson SAA: Partnership & Procurement [email protected] 01482 613500

Rachel Mckoy SAA: Planning, Highways & Environment [email protected] 01344 353078 / 07956487936.

Non-Board Posts

Tony Kilner Policy Officer [email protected] 01943 601706

LLG Office Administration Admin support to Board and Executive [email protected] 01483 478769

Helen McGrath Development Officer [email protected] 07709899300

Membership and Office Membership and Office [email protected] 01483478769

BRANCH LEADS 20/04/2015

mailto:[email protected]#


http://www.lawingov.org.uk/#




mailto:[email protected]










































LLG Board Meeting 17 June 2016 Item 3: Actions List Page 1

Item 3: Actions List

What Who When Progress

13th May 2016 - Executive

SAA Reports and Branch Reports to be open to the public and

formatted on the LLG Template

Branch Officers and SAA Leads to draft; LLGE to publish

Following each Board meeting when reports are scheduled to be

received (see forward plan)

From 17th June 2016 meeting onwards

Full Board Reports open to membership from 2014 and

Executive Reports open to Full Board from 2016

Helen McGrath to produce. LLGE to publish

From May 2016 Executive and June 2016 Board.

MO Defence Scheme Usage Report

Helen McGrath August 2016 Executive

Revised Corporate Brochure Helen McGrath June 2016 Board

Procurement Template Suki Binjal to contact Ian Anderson to ascertain status and

complete

June 2016 Board

Update required on Housing Association Membership

Phillip Horsfield to update Helen McGrath to contact Alison

Stuart and link into Phillip

June 2016 Board

Digital Proceedings Helen McGrath to ask Stephen Taylor if the project is still

feasible

June 2016 Board

Treasurer Toolkit Nigel Snape Deferred as part of the Governance Framework

To revive the Southwest Branch

Phillip Horsfield to contact Mark Hynes and consider

strategy

Ongoing

To engage the North West Phillip Horsfield to produce a written strategy for the Executive

August 2016 Executive


Competency Framework Promotion

Doreen Forrester-Brown to send Helen McGrath dates of Branch visits with a view to providing

training

As soon as possible

MO Defence Scheme Bev Cullen to push via Law Society

On going

SAA Leads Helen McGrath to ascertain Helen Thompson’s intentions and advertise the Junior lawyer posts and Information Governance &

Adult Social Care

Doreen Forrester-Brown to link Suki Binjal with contacts for SAA

Lead Vacancies

SAA term of office to be included in ongoing governance review

Applications to be considered at June 2016 Board.

As arising

Corporate Partners Bev Cullen to write to Corporate Partners to ascertain

continuation

Helen McGrath to contact all Corporate Partners once confirmed regarding joint

working

Deadline 17th June 2016

Pending confirmations & appointments.

Webinars Helen McGrath to obtain report from HB Editorial on full costings

and timings


LLG Development Day Ann Harlow to organise date, time and location and draw up

agenda.

David Carter to ask LLGE facilitator if he can facilitate

again.

Horizon Scanning Doreen Forrester-Brown to write with Suki Binjal to all SAA Leads.

Governance Review Helen McGrath to produce a paper for the Full Board

June 2016 Board.

SRA Bev Cullen to produce a report on recent meetings and

outcomes

June 2016 Board

WHAT WHO WHEN PROGRESS

From 26 February – Board Executive Board papers - to be made available after those meetings on the website, with access restricted to LLG Board members.

Justina B Ann H

March 2016 onwards

Done

Review of Governance – prepare for June Board

(focus of Board & Exec Board / frequency of

meetings / SAA directorship options)

Doreen Phil H Stephen Taylor

For June 2016

Report to Exec 13th May Board done

The Trust – move this forward

Philip T asap Update at Exec 13th May Board now expected August 2016.

National Guidance on Purdah - work with the

Electoral Commission

Doreen Eleanor

asap Done

SAA consultation – consider the recommended

actions within the report

Incoming DVP May Now part of governance review.


Monitoring Officer Scheme – Progress this for

launch with membership renewal schedule

Helen March / April Launched and in progress


From 12 February – Executive Board

DCLG Legal Advisors – invite to an Executive Board, to increase engagement

Doreen March Attending September Executive

Webinar training report – trial usage outcomes,

objectives for LLG, practical application, usage of LLG

website, costed options

Helen McG For 15 May Exec Board

Report to both LLGE and Executive Boards.

Business cards - Business cards are to be provided for the President, Vice President, Deputy Vice President, Past President and Development Officer.

Ann H Completed

Corporate Partners – send out renewal letters Nigel February To be actioned by Bev Cullen

Benchmarking – respond to offer to lead the work,

undertake feasibility study

Philip T March / April Doreen Forrester-Brown & Helen McGrath to arrange a meeting with CIPFA


From 11 December 2015 – Board meeting CP brochure – ensure it is an easily accessible guide to LLG, and make clear who the relationship managers are [Overall responsibility sits with the Past President]

Helen McG For renewal period starting 1st April

To be actioned for June 16 Full Board Meeting. Revised in May 2016 Executive Meeting.

Compliance audit – Ann to action outcomes Ann New Year To be undertaken after the LLG Enterprise audit


From 20 November 2015 – Exec Board meeting


Procurement template – develop this Ian A Jan 2016 26 Feb update Ian is meeting with private sector companies in March, to inform the content of the template. Now forming part of the May 2016 Executive actions.


From 18 September 2015 – Board meeting

Housing Associations – Phillip H to establish links

with the Housing SAA and make contact with Housing

Associations Group (NAME? NDPD) and publicise that

membership of LLG has been extended.

Phillip H October / November

Now forming part of the May 2016 Executive Actions.

Digital Proceedings - Stephen Taylor will replace

Christine Forde as relationship manager with IKEN,

and scope out if IKEN is interested in working with

LLG to assist in bringing together data in practice

around the country and develop some best practice

guidance.

Stephen Taylor

Ongoing Update 15 Feb Stephen met with Tanya Corsie (Director and Chief Operating Officer of Iken) in mid-February. Iken is developing documentation in relation to its bundling package and Tanya is to email Stephen setting out the current position and as to how Iken and LLG can best work together on this. Now forming part of the May 2016 Executive Outcomes.

From 27 March 2015 – Board Meeting

Treasurer toolkit – provide toolkit for the guidance and assistance of branch Treasurers

Nigel When requesting branch accounts for 2015.

On hold pending governance review

LLG Board Meeting 17 June 2016 Item 4: Minutes from last meetings & matters arising Page 1

Item 4: Minutes of the last meetings & matters arising

DRAFT Minutes of the LLG Board meeting 26th February 2016, at The Caledonian Club in London

In attendance

Bev Cullen President

Doreen Forrester-Brown Vice President

Phillip Horsfield Deputy Vice President

Nigel Snape Treasurer

David Carter LLG Enterprises Chair

Mark Hynes Past President

Colette Longbottom North East Branch

Stephen Turner Yorkshire and Humber Branch

Nigel Inniss Eastern Branch

Stephen Taylor Southern Branch

Gareth Owens Wales Branch

Suki Binjal London Branch

Graham Cole SAA: Children’s Services and Education

Ian Anderson SAA: Partnership and Procurement

Rachel McKoy SAA: Planning, Highways and Environment

Maria Memoli Law Society Representative

Helen McGrath LLG Development Officer

Ann Harlow LLG Enterprises Business Manager

Justina Bartley LLG Meetings Administrator

Apologies received or assumed

Philip Thomson Immediate Past LLG President

Nicholas Dobson Communications Officer

Matthew Neal North West Branch

Stuart Evans West Midlands Branch

Ann-Maria Brown South East Branch

Angharad Price SAA: Employment

Alison Stuart SAA: Housing and Regeneration

Mark Turnbull SAA: Information Management

Helen Thompson SAA: Junior Lawyer

Tim Briton SAA: Licensing and Litigation

Eleanor Hoggart SAA: Monitoring Officer and Governance

Thelma Stober Local Government Association Representative


STANDING ITEMS Action

1 President’s opening remarks

Bev welcomed attendees and thanked members for contribution to the papers.

2 Apologies for absence

Noted.

3 Declarations of interest (Pursuant to Article 12)

Applicants and non-voting members of the Board left the room for the discussion and voting at item 13, Applicants for Deputy Vice President.

4 Minutes of the meeting of the Board on 11 December 2015, and matters arising An amendment was identified.

- Regarding item 9, Stephen Turner clarified the point around LinkedIn. He had asked at the December meeting if LLG had considered having a presence on LinkedIn, and the response was that LLG had been advised against it by Thomson Reuters (Corporate Partner) in a discussion around developing communication methods.

An update was given. - Regarding item 16, the SAA National Leads remaining and standing

down for 2016/17 are listed at item 14 on this agenda.

5 Minutes of the Executive Board meeting on 12 February 2016, and matters

arising

Accepted without amendment. There was a request to see the papers prepared for the Executive Board, to better understand the detail behind decisions made. Agreed that papers to the Executive Board are to be made available after those meetings on the website, with access restricted to LLG Board members.

Justina B

Ann H

6 Note any Board appointments/resignations since the last meeting of the

Board

As outgoing Past President this is Mark Hynes’ last Board meeting. He was

thanked for his contribution to LLG, particularly his involvement in bringing the

SLG and ACSeS together and serving as first President of LLG. Natalie Baldwin

resigned in December from the Junior Lawyer SAA lead post, and was thanked

for her contribution.


REPORTS

7 Treasurers Report

The auditor has approved the draft accounts for 2015. There is a higher than expected surplus due to some activities not yet being delivered, and reserves are at the top end of the range specified in the Policy. This has been taken into consideration when proposing a deficit budget for 2016. There was a comment from the treasurer that one off costs could be considered however items that would mean year on year costs to LLG were not sustainable. Agreed

(1) To note the final accounts for 2015 (2) Approval of the formal company accounts be delegated to the

Executive Board (3) The budget for 2016 (4) A one-off £36k be earmarked in reserves as bursary payments for the

new LLM course at Northumbria University It was highlighted that the University bursary scheme would need to be well publicised, following the low uptake of the training bursary opportunity in 2015. It was also noted that the Counsel Database will not be pursued, there are a range of existing frameworks and the value to members for developing a national tool was not considered to be worth the cost. Doreen identified the need to look at critical areas that LLG could invest early in, and take the lead in that field.

8 Communication Officer Report

It was noted that Nick has decided not to stand for re-election at the AGM, and

the Board thanked him for the work as Communication Officer. It was noted

that the role will be subsumed with the Development Officer role and Deputy

Vice President will have oversight.

9 LLG Enterprises Report

Noted. The Board thanked Dennis Hall for his work on the LLM arrangements. The Webinar free-trial offer has had a very good uptake in its first week, and the Competency Framework is on track for launch at the Weekend School.

10 Law Society Council Summary report – 11 February

Noted.


11 Local Government Association liaison report

None given.

ISSUES FOR DISCUSSION AND DECISION

12 Deputy Vice President applications

The board took a vote and agreed the candidate to recommend to the AGM.

13 AGM – Directors Report

The remaining reports have an absolute deadline of 11th March.

14 SAA National Leads Consultation

Phil H reported that all but the Information Management SAA lead will remain

for 2016/17. There are currently vacancies for a Junior Lawyer lead (Bev

stated she had someone in mind who may take this on), and Adult Social Care

and Health Lead.

The consultation report was discussed, in particular how to publicise the

valuable work done by the SAA leads, to enable engagement with members,

and what involvement with the board would best suit the role. The issue of

making best use of time at Executive and Board meetings, with reduced

duplication was also discussed.

Agreed that a mini review of Governance will be prepared for the June Board

meeting. This is to cover

- The role and focus of the Board and Executive Board (strategic issues /

detailed implementation / delegations)

- The frequency of meetings

- Options for SAA directorship (full director and not required to attend

board meetings / associate director / not a director and invited to

attend)

There are aspects within the SAA consultation paper to consider further, in

terms of identifying actions to integrate the work being done by the SAA leads

with the members and website. This it to be considered within the DVP role by

the incoming officer, with the Development Officer.

Doreen

Phil H

Stephen

Taylor


CONFIDENTIAL MATTERS

15

Local Government Legal Society Trust

An update was received. Philip T to take forward.

Phil T

16 Any other business

None.

ADDITIONAL

17 Actions list

Noted.

18 Any other business

Doreen and Eleanor to work with the Electoral Commission in developing

national guidance on purdah.

Agreed that Peter Keith Lucas be conferred with Honorary Membership,

having worked within and given continued support to Local Government legal

teams.

Bev thanked the Board for support received as President, and wished Doreen

well in the coming year. The Board thanked Bev for her time as President.

Doreen

Eleanor


Minutes of the LLG Executive Board meeting 13th May 2016 at 10.00am Thomson Reuters, 19 Hatfields, Southwark, London, SE1 8DJ

In attendance

Doreen Forrester-Brown President

Suki Binjal Deputy Vice President

Bev Cullen Immediate Past President

David Carter Chair LLGE

Helen McGrath Development Officer

Ann Harlow Business Manager LLGE

Apologies received or assumed

Phillip Horsfield Vice Chair


1

Action List Executive Board Papers Access to Board Papers are now available on the website but directors need to join the Board Private group in the SAA list to have sight of the relevant documentation. Executive papers will be available from 2016 onwards. SAA & Branch Reports are to be made available to the membership at large; officers need to ensure that these reports are written for a public audience and produced on the formal template. Agreed

1. SAA & Branch Reports to be open to members 2. Full Board Reports to be published to full members from 2014 3. Executive Reports to be published to Directors from 2016

EU Referendum Guidance Completed by SOLACE and reviewed v by LLG, the guidance is available on our website. SAA Consultation To be considered within Horizon Scanning within Governance Review. MO Defence Scheme


BC, HM

SB

PH HM

ST HM

DFB, NS

Completed and launched 25th April 2016.. Usage statistics to be produced to the Executive Board quarterly DCLG Legal Advisors DFB is to attend a talk in July. DCLG to attend the September Executive Board. Webinar Training Report Item on Agenda Business Cards Completed and Ordered for the Vice President and Deputy Vice President Corporate Partners Pending renewal confirmations Brochure needs to be amended and brought to June Meeting Compliance Audit In progress Procurement Template Derived from a roundtable event to produce a template for the benefit of the membership. Suki Binjal to contact Ian Anderson to request deadline for June. Housing Associations Membership for HA lawyers should be extended and encouraged. Update required from Philip Horsfield. Helen McGrath to contact Alison Stuart. Digital Proceedings The ability to influence Local Authorities will be minimal due to variance in IT programmes. Stephen Taylor to be asked if the project is still feasible and to remove from Executive Board Actions. Treasurer Toolkit To be deferred to June Meeting. Doreen Forrester-Brown to follow up with Nigel Snape as part of the governance framework


2

PH

PH

Minutes of the last meetings & matters arising 12th February 2016 Executive Board Meeting P6. Treasurer’s report highlights matters to be streamed through governance review. P7. Competency Framework roll out going well. P8. South West Branch still inactive. P9. North West Branch- Bev Cullen has not received a response to her efforts to contact the Consortium. Minutes Agreed Actions

1. To reassert a South West Branch revival and speak with Mark Hynes who is currently working in that region.

2. Phillip Horsfield to produce a strategy on how to engage the North West and bring back to the Executive.

26th February 2016 Board Meeting Minutes Agreed

3

DFB

BC HM

HM

HM

DFB

HM HM

DFB, HM

Reports Development Officer Report Noted Actions

1. Doreen Forrester-Brown to send Helen McGrath branch visit dates to roll out Competency Framework

2. Bev Cullen to push the Monitoring Officer Defence Scheme via the Law Society 3. Helen McGrath to contact Helen Thompson to ascertain whether she wishes to

continue as Junior Lawyer lead and if so on what terms 4. Helen McGrath to advertise SAA Lead vacant positions with applications to June

Board 5. Helen McGrath to take lead on keeping SAA leads up to date and receiving

expressions of interesting linking into recruitment. 6. Doreen Forrester-Brown to link Suki Binjal with contacts for SAA Lead

vacancies. 7. SAA Lead Term of Office to be reviewed within the governance review 8. Helen McGrath to contact Corporate Partners once confirmed 9. Doreen Forrester-Brown and Helen McGrath to consider joint working with

CIPFA around Benchmarking and arrange a meeting (considering governance at the same time).

Awards


4

BC

Sponsorship is going well with 5 confirmed from the 2015 sponsors. Letters will now go out for further sponsorship more broadly. Actions

1. Bev Cullen to contact CILEX and ascertain whether they wish to support a category award this year

Regulatory Issues Update Under Confidential

5 6 7

BC

HM

HM

For Discussion

Corporate Partner Renewal Responses

Corporate partners were due for renewal in April 2016. There has been an indication

from Wragge & Co that they do not wish to renew however no formal confirmation.

There are three new companies currently interested in Corporate Partnership.

Relationship Managers will be considered once the Corporate Partnerships are

confirmed.

Actions

1. Bev Cullen to write to Corporate Partners to ask if they wish to continue.

Deadline by 17th June to enable consideration of new expressions of interest.

Webinar Report

LLGE view this as a member benefit but there needs to be transparency over costs and

increased branding for LLG.

Decisions

1. Access to be given to full members only and not limited members.

2. LLG agree to fund subject to caps for the first year.

Actions

1. Report required from HB Editorial on full costings and timings.

Monitoring Officer Defence Scheme


8 9 10 11 12

AH

DFB

Launched on 25th April 2016 and publicised via the LLG Website (Forum, News and SAA

pages); the LLG Bulleting and Blog; the Local Government Lawyer website and

Weightmans’ website. Reports to be produced to Executive Board.

Member Survey

The Board want to progress the member survey and will consider the content and

objectives of the survey at the Development Day.

LLG Development Day

Date to be set in September possibly utilising the Executive meeting date of 16th

September 2016. David Carter to ask LLGE facilitator if they can act again.

Need to focus on the LLG Business plan for the next three years and may also pick up

the Governance & Member Survey

Actions

1. Ann Harlow to organise dates, times and location for the Development day and

draw up an Agenda

Horizon Scanning

There is a need to consider how best to utilise the SAA Leads to get ahead of important

changes and developments for the benefit of the membership and to consider

lobbying opportunities.

The Governance review should be utilised to ensure SAA’s are supported and given

responsibility for shared briefings and lobbying in the context of thinking ahead. The

Bulleting is a good tool for forward thinking and SAA’s should be focusing on utilising

that provision to pick up forthcoming issues and matters.

SAA’s are the key role for the future of the organisation to work with stakeholders and

corporate partners. Joint thought pieces with other organisations should be focused

and planned.

Actions

1. Doreen Forrester-Brown to email out to SAA Leads with Suki Binjal

Vision Statement and Strategy

Noted. Strategy to be considered at development day.


HM

SB

Governance Paper for 17th June 2016

Discussion around proposals and need for decision making to inform the structure.

Agreed the paper formed a good start to the need for reform.

Forward Plan and Task List a good starting point for planning and thinking ahead but

should be marked as draft at present.

Actions

1. Helen McGrath to produce a paper for the full board on 17th June 2016.

Draft Agenda for 17th June 2016 LLG Board Meeting

Agreed

Suki Binjal to ask Rachel Mckoy to update on the DCLG secondment.

5

BC

PT

Confidential SRA Suki Binjal declared an interest. Bev Cullen had a meeting with the SRA who will not rush to bring disciplinary proceedings against solicitors but hold to their position that it is about whether authorities are providing advice to the public which ultimately only the courts can decide. They do not agree with counsel’s opinion. In terms of practice fees these are being held for two years before revision. Actions

1. Bev Cullen to produce a report on SRA meeting and outcomes Trust Philip Thomson to provide an update to the next Executive Meeting. Support Arrangements Completed by Doreen Forrester-Brown

6 Any Other Business Report on feedback from WES attendees on the future of the local government lawyer to be included within the governance review.

7 Future Meeting Dates 5th August 2016 11th November 2016 10th February 2016

LLG Board Meeting 17 June 2016 Item 5: Development Officers Report Page 1

Item 5: DEVELOPMENT OFFICERS REPORT

1. LLG Competency Framework

The LLG Competency Framework was launch at the Weekend School on the

morning of 8th April 2016 immediately following the opening address of Sir Paul

Jenkins the key note speaker.

1.1 The Framework was delivered by way of training course at the WES and then launched in the document section of the LLG website on Monday 12th April 2017 by news item. It was the subject of mailshot late on 14th April 2016 and was produced as a webinar on local government law tv on 13th April 2016. It was then the subject of a mailshot late on 14th April 2016. On Friday 15th April 2016 I received a number of emails (as did the LLGE office) regarding log in and member access. There were a few limited members but the majority were from actual subscripting authorities who had not registered and didn’t know you had to log in?!

1.2 On 19th April 2016 I delivered training at the London Branch Meeting and the framework was highlighted in the Bulletin on Friday 21st April.

1.3 I am due to attend the Northern Branch Conference on 7th July 2016 where I will present the framework.

1.4 It is difficult to know with accuracy the take up of the framework. Anecdotal evidence from the membership at the WES was that it was well received. The telephone calls and emails I have received (albeit by a tiny fraction of the membership (indicated that members are actively seeking to obtain it).

1.5 Whilst the LLG website analytics are not capable of singular page hit monitoring (without subscription), one can extrapolate inferences from the total users and page views monitored. For example, on the 12th April there were 198 users and 977 page views on the LLG website. On the 13th there were 184 users and 1170 pages viewed. On the 14th April when the email shot regarding the framework went out, there were 270 users and 2187 page views. On the 15th there were 289 users and on the 18th this started to fall off at 289 and progressed down to average levels.

1.6 The framework will require consistent review and monitoring to remain applicable to the membership. Whilst the SAA Leads have an important role in this, it must acknowledged that time constraints might not make such contribution as timely as required. With that in mind, engagement of the corporate sponsors with appropriate acknowledgement would be a solution to this problem.

2. Webinar Update

2.1 The Webinar Usage report appears in the document section of the Website under the executive board meeting of 13th May 2016.

2.2 Take up of the free offering has been impressive and the free offering has been agreed to be rolled out to the membership for another year. Work is currently on going to refresh and spec the current hosting platform to make it fit for purpose with a timeline of November to launch the new site. LLGE are looking at ways in which to host the webinar site through the LLG site in order to ensure our members


only need to log in once (to the LLG site) in order to access all the webinars. This will have the added benefit of increasing traffic through the LLG website.

2.3 Heads of Terms and service provision are currently the focus of negotiations between HB editorial (who own half of the webinar site) and LLG/LLGE.

3. Monitoring Officer Defence Scheme

3.1 The MO Defence Scheme went live the week commencing 25th April 2016. It was launched quietly on the LLG website in the news section and the SAA MO & Governance pages as a news item. On Friday 29th April 2016 it was launched in the Bulletin and formed the only topic for that week’s Blog. The LGL went live with a current news story on the same day and included the LLG website address. It featured in the MO & Governance Forum on 3rd May 2016 and was posted on Linkedin.

3.2 Use will be monitored via reports from Weightmans but interestingly despite being contacted on Friday 29th April with a detailed question from one authority which I politely explained by return that they would need to redirect to Weightmans, no contact has indeed been made and at the time of writing this report, no one has taken up the offer of the scheme.

3.3 The Development Officer is considering ways of publishing information more readily accessible to the membership in how to contact Weightman’s for assistance.

5. Contact with other providers 5.1 On the 4th May 2016 I visited the offices of Anthony Collins to see Mark Cook in

Birmingham with a view to reinforcing the relationship and ascertaining ways of working.

5.2 I combined a HB editorial meeting in London with a meeting directly following with Steven Newbery, Business Manager at 4- 5 Grays Inn. Grays Inn are very keen to come on board as a CP and find joint ways of working. They are hosting the London

Branch Garden Party in June.

5.3 CIPFA have been in touch regarding Benchmarking and I am attempting to pin them down for a meeting in order to examine ways of working together and re-establish contacts.

5.4 On 7th June 2016 I met with the Centre for Public Scrutiny (not yet taken place at the time of writing this report).

6. Awards 6.1 The Awards timetable has been finalised and letters have gone out to sponsors. The

timeline is as follows:- 31st May 2016 Sponsors Confirmed 31st May 2016 Judging Panel Convened 1st June-13th June 2016 Brochure Prepared 13th June 2016 Launch of Awards 2nd September 2016 Initial Nomination Stage Deadline 5th – 21st September 2016 Judges shortlist Determination 23rd September 2016 Notification to nominations of shortlist

or otherwise


23rd September 2016 Publicity of Shortlist 23rd September 2016 Ticket Sales to nominees and friends

and family 7th October 2016 Second nomination submission 21st October 2016 Judges Placements 24th October to 9th November 2016 Brochure production 18th November 2016 Awards Night

6.2 I am pleased to report that the both the North East and Yorkshire & Humber Branch

have been very supportive of the Awards and in particular Steve Turner who has provided assistance.

6.3 The Awards are the subject of a separate report to the Board.

7. Mentoring & Bursary 7.1 I am currently in the process of reviewing both the Mentoring Scheme and Bursary

scheme. I am pleased to confirm that direct approaches made by me to the membership has been very positive and there are a number of offers from lawyers to become mentors within the scheme. A report will follow to the subsequent boards.

8. Press 8.1 I have provided quotes to the Gazette in relation to the SQE and Code of

Conduct. I have also provided a quote to BBC Buckinghamshire in respect of shared services.

Helen McGrath Development Officer Report June 2016

LLG Board Meeting 17 June 2016 Item 6: Treasurers Report Page 1

Item 6: Treasurer’s Report

Recommendations

It is recommended that:

(i) The budget monitoring report as at Appendix 1 be noted

Background 1. The 2016 budget was approved at the Board meeting on 26th February. There have been a few

developments since then, as follows: As you will see from the Executive Board minutes of the 13th May, following a review of

the webinar pilot that took place earlier this year, it is proposed that LLG should provide funding of up to £10,000 this year to enable the continuation of free webinars for LLG members. I have amended the latest budget to include this. The cost will in effect be funded out of reserves and is a good use for those funds.

The additional webinar costs will be partially offset by a reduction in administration support costs, as we are no longer using Justina Bartley for the preparation of agendas and minutes.

Helen McGrath has been seconded to work an additional one day per week for six months helping Ann Harlow develop new courses for LLG Legal Training. The additional salary costs will be recouped from LLG Enterprises via a reduction in their admin services recharge.

2. Subscription renewals have been invoiced on our behalf by LLG Enterprises and there has been a steady stream of payments over the last six weeks, with approximately 50% paid so far.

3. Bev Cullen has kindly taken on the task of dealing with corporate partner renewals. At the time of writing, four have confirmed they wish to renew and one, Gowling WLG, has declined (as expected). Other responses are still awaited.

4. Appendix 1 shows the budget monitoring report as at 5th June 2016. There are no issues of

concern at this stage.


LLG Board Meeting 17 June 2016 Item 6: Treasurers Report Page 2

Appendix 1

2016 Budget Monitoring as at 5-Jun-16

2015 2016 Latest

Actual Budget estimate Actual

Income

Subscriptions Rec'd 117,470 114,000 114,000 57,060

Corporate Partners 36,000 33,000 33,000 3,000

ADSO - 2,000 2,000 -

Awards Ceremony - Sponsorship 25,500 -

Awards Ceremony - Tickets & other income 12,300 -

Bank interest 2,635 2,500 2,500 707

Misc. Income - - 200

Accruals b/f 30,020 29,368 29,368 29,368

c/f 29,368- -28,500 -28,500 -14,265

194,557 152,368 152,368 76,070

Expenditure

Overheads

President's expenses 4,480 5,000 5,000 1,079

Travel Expenses 5,701 6,000 6,000 2,592

Catering 1,789 2,000 2,000 59

Salaries & wages 28,824 46,000 50,100 19,668

LLG Enterprises - Admin Services 30,109 30,000 25,150 7,532

Bookkeeping 2,035 2,500 2,500 773

Admin Support 6,710 7,000 1,945 1,945

Wales Policy Officer 2,000 4,300 4,300 2,077

Website 1,386 1,500 1,500 165

IT 1,470 1,500 1,500 225

SAA / Branch Expenditure - - - -

Printing & Publishing 329 1,000 1,000 163

Sundries / Office supplies 33 200 200 25

Telephone - Confereence calls - 200 200 17

Insurance 651 700 700 -

Legal Fees 4,199 5,000 5,000 1,800

Accountants Fees 900 1,000 1,000 -

Misc. Expenditure 398 1,000 1,000 47

Bank Charges/Interest 30 - - -

Corporation Tax 527 500 500

91,571 115,400 109,595 38,167

Events /Initiatives

Stakeholder Event - Caledonian Club 5,500 5,500 4,039

Awards Ceremony 57,365 20,000 20,000 8,547

Monitoring Officer Defence Scheme - 11,000 11,000 -

Bursary Scheme 994 3,500 3,500 -

SAA Conference Attendance 3,500 3,500 239

LLM Course - Northumbria University 0 0

Webinars 0 10,000

58,359 43,500 53,500 12,824

Total Expenditure 149,930 158,900 163,095 50,991

Surplus / Loss 44,627 -6,532 -10,727 25,080

LLG Board Meeting 17 June 2016 Item 7 – LLG Enterprises report Page 1

Item 7: LLG Enterprises Limited Report Board Meeting This report follows the LLG Enterprises board meeting of 22 April 2016.

1 Webinar Business Following a positive recommendation by the LLG Enterprises Board to the LLG Executive Board regarding the webinar business it has been agreed that this should be a member benefit for 2016/17 on the basis of free access for members. 2 Competency Framework The LLG Competency Framework was launched at the Weekend School with an introductory presentation by Helen McGrath. A webinar of the presentation is available to view on the www.localgovernmentlaw.tv website and the supporting documentation is available in the LLG website document library. The framework is to be managed by the Development Officer and LLG Legal Training courses will be developed to help members meet the required competencies. 3 Training Business

3.1 NE LLG Branch Northern Conference, 7 July 2016, Gateshead Council LLG Legal Training is organising a NE Legal Conference in association with the LLG NE Branch. The conference is being chaired by Colette Longbottom, the welcome address is being given by Doreen Forrester-Brown and Helen McGrath is giving a introductory presentation on the LLG Competency Framework.

3.2 Local Government qualification (Certificate, Diploma and Masters)

Planning for the launch of the LG qualification is progressing with Northumbria University. The envisaged start date is for spring/autumn 2017. 3.3 Development of the training offer Having stabilised the company so that we have returned to profit we are now reviewing and refreshing the company’s training offer. To this end the LLG Enterprise Board is looking to recruit an additional person to join LLG Legal Training to help develop and market courses. We are pleased that Helen McGrath will also be helping us with this work over the next six months.

4 LLG Board Administration Support From May 2016 the LLG office will be providing administration support to the LLG Executive Board and full Board. David Carter LLG Enterprises Chair May 2016

LLG Board Meeting 17 June 2016 Item 8: Regulatory Issues and Law Society Updates Page 1

Item 8 – Regulatory Issues and Law Society Updates

Regulatory Issues

Executive Summary A note of a meeting held with the SRA on 4th May 2016 and a round table meeting hosted by the SRA on 4th June 2016.

Action required by Board members

1. To note the contents of the report 2. To encourage individual local authorities to respond to the SRA consultation and to

contribute to LLGs composite response. 3. To encourage the LLG membership to join SRA innovate. 4. To consider lobbying of the Legal Services Board in respect of changes to the Legal

Services Act

1. Meeting held on 4th May 2016 A meeting was held with Crispin Passmore, Executive Director of Policy and Education, and Juliet Oliver, General Counsel, of the Solicitors Regulation Authority on 4th May 2016. The Immediate Past President of LLG attended the meeting with Thelma Stober from the LGA. The purpose was of the meeting was to discuss the SRA proposals to change their regulation of solicitors employed within local government following from discussions with Crispin Passmore at the Executive Board meeting in November 2015. Following the Executive Board meeting legal advice had been commissioned jointly by LLG and the LGA from James Goudie QC on the interpretation of ‘public’ within the Legal Services Act 2007 together with other statutory provisions impacting upon local authorities ability to trade including the Local Authorities (Goods and Services) Act 1970. It was confirmed by the SRA that the advice from James Goudie QC had been considered. The SRA believed there was some misunderstanding within the sector about the stance of the SRA on the provision of legal services by local authorities to other public bodies. The SRA view was that the provision of reserved legal services to other public bodies is governed by section 15 of the Legal Services Act 2007 (LSA) and the SRA rules. The SRA position is that there are essentially four tests to be considered:

1. Are reserved legal services being provided? 2. Are the services being delivered as part of the employer’s business? 3. Is the work being done by the employees of the LA? 4. Are the services being delivered to the public or a sector of the public?

If there are strong opposing views held by a particular Local authority and the SRA, test 4 above will be decided ultimately by the courts


The SRA considered that some local authorities would not need to create an Alternative Business Structure (ABS) if they were not delivering reserved legal activities to other public bodies. The example given was that if Warwickshire County Council are delivering legal services to District Councils, the NHS and the local Constabulary they would not be delivering services to the public. At the other end of the spectrum where local authorities are generating revenue delivering services to the public that is clearly a commercial relationship which would require an ABS delivery model. Under section 14 LSA it is an imprisonable offence to deliver reserved legal services if the body is not entitled to do so, however the SRA indicated that they would not rush to seek a criminal sanction against local, authorities. The SRA indicated a desire to have dialogue with the sector generally and encouraged local authorities to discuss any proposals for forming an ABS with the SRA at the earliest opportunity. The SRA approval process currently takes about 6 weeks. To assist local authorities the SRA will produce decision tree information outlining the issues to be considered in determining whether an ABS was required – these would be sent to LLG to review before being published to the local authority community. The Practice Framework Rules are being reviewed and it is proposed that Rule 4 will be deleted together with all the additional rules about in house solicitors. The SRA consultation on the revised Code of Conduct has now been published with a 16 week consultation period. A request was made of the SRA to reduce the Practising Certificate fee for local authority solicitors given their low risk to the compensation fund. The SRA confirmed that the fee structure will remain as it is for at least two years. If local authorities crate an ABS they will be liable for an ‘entity’ annual fee and a compliance officer will have to be appointed.

2. Round table meeting held on 4th June 2016 Om 6 June a round table meeting was hosted by the SRA on the reform of regulation for local authority solicitors. Local authority solicitors were present from Coventry, Warwickshire, Staffordshire (by a telephone link) and HBLaw. LLG’s Deputy Vice President and Iain Miller from Bevan Brittan were also in attendance. A PowerPoint presentation provided material for discussion. The main concern from those local authority lawyers present was about the removal of rule 4 and the SRA interpretation of ‘public’ in s 15 LSA 2007. The decision tree information referred to in the May meeting had not yet been compiled, the SRA were waiting to see the outcome of the consultation and the round table meeting. The SRA were keen to work with the sector and to receive examples of case studies demonstrating practical issues caused by regulation. An example given at the meeting was the £50 million liability upon the compliance officers within ABS was unnecessary (and unfair) given the financial requirements placed upon local authorities. A further issue raised was the restriction upon who could perform the legal work within the ABS (solicitors only at present) and the inflexibility this presented in work allocation.


There was also discussion about the changes to regulation being future proof for the delivery of local authority legal services. The SRA indicated the group may continue as a reference group for the sector. The SRA has to regulate within the provisions of the Legal Services Act and there was some discussion about both the SRA and LLG influencing the LSB to change the legislation. This may be an issue for the Board to consider further. SRA Innovate is a virtual reference group that any solicitor can join. Members of the group are able to comment upon SRA initiatives prior to launch to the professional generally and local authority solicitors can be encouraged to join and have their voice heard. Details about how to join are at www.sra.org.uk/innovate The consultation on the Principles and the Individual Code is now open and closes on 21 September – www.sra.org.uk/consultation Later this year there will be a further consultation on Practice Framework Rules and Authorisation Rules. The changes will not be implemented until the end of 2017. In conclusion both meetings were very positive and it is clear the SRA is keen to engage with local authority solicitors.

http://www.sra.org.uk/innovate

http://www.sra.org.uk/consultation


Law Society Updates Law Society Council meeting summarys:

30 March 2016

Council's second meeting of the 2016 calendar year saw a busy programme of reports and papers. Among these, Council was updated on progress on the review of the governance of the Law Society. The independent lead, Nicola Nicholls, has conducted a number of meetings with Council members and a range of external stakeholders, as well as a programme of research with other comparable organisations. Nicola shared ideas for ensuring that the Law Society's governance remains fit for purpose and supports the organisation in delivering its strategy. Further updates will be provided as more detailed proposals are worked up. Of course, a lot is going on in the external environment which impacts directly on the Law Society and our members and this was the main focus of the Council meeting.

Promoting the profession - market and regulatory change Following HM Treasury's publication of 'A Better Deal: boosting competition to bring down bills for families and firms', Council heard of the corporate priority to ready the Society to respond to any consultation on the future revised regulatory framework for the profession. Activity is ongoing so as to inform the debate effectively. In discussion, there was broad consensus among Council that, to support and protect the public, regulation of legal services should be simpler and better, and that the legal profession should continue to be, and be seen to be, independent of the state. This would involve regulation setting and enforcing the minimum regulatory rules consistently so that the buyers of legal services are protected. It would also involve the solicitor profession taking responsibility for professional standards, entry into the profession, and awarding the professional title of solicitor. Council noted that further work was being done on how various possible models would work in practice and looked forward to further debate in due course. Council heard about the Society's submission to the Competition and Markets Authority (CMA) study on the supply of legal services in England and Wales, which can be found here: http://www.lawsociety.org.uk/news/press-releases/law-society-response-to-scope-of-cma-study-into-the-legal-services-sector/. Close liaison has continued between the Law Society and the CMA including using the Society to facilitate engagement with members of the profession at large. Council also noted the publication, shortly before Easter, of the Law Society's report into the wider economic value of legal services. Representing the profession - legal updates Council noted the work that is being done, with the Bar, the Ministry of Justice (MoJ) and the Legal Aid Agency (LAA) to update the criminal crown court fee schemes for litigators and advocates, with working groups including members of the Law Society Access to Justice and Criminal Law Committees.

http://www.lawsociety.org.uk/news/press-releases/law-society-response-to-scope-of-cma-study-into-the-legal-services-sector/

http://www.lawsociety.org.uk/news/press-releases/law-society-response-to-scope-of-cma-study-into-the-legal-services-sector/


The CEO took the opportunity to remind Council that, although the inclusion of legal professional privilege on the face of the Investigatory Powers Bill was a pleasing success, work was continuing in association with the Bar on a number of outstanding concerns. Council also heard about continuing work on civil legal aid, in particular working with the Bach Review of Legal Aid to emphasise our long-standing position, calling for the restoration of legal aid where its removal has had the most significant impact on disadvantaged groups. On civil courts structure, Council noted that we have submitted a response to the interim Briggs report calling for the profession to be actively involved in the development of the proposed on-line court. Supporting the profession - engagement and other activity The CEO reported on a wide range of activity and events. This included oral evidence given by the President on court fees before the Justice Select Committee, and a meeting between the President and Vice President and the EU Justice Commissioner, as well as a meeting with the President and the Lord Chancellor on legal regulation. The President's report drew attention to a number of visits to local law societies to support the profession's work on business and human rights. In line with his presidential plan, he also highlighted work to support the role of solicitors in undertaking property transactions, and thought leadership on technology and law. Presidential Plan 2016-17 More detail will follow but members will be interested to know that Council was warmly supportive of Robert Bourns' plan for his forthcoming year as President which starts in July, focusing on a programme of work to connect further with members in England and Wales to identify best practice and bring members together, promoting pride in the profession, access to justice for all, and access to the profession for the best candidates regardless of social background.

18 May 2016

Council's third meeting of the 2016 calendar year saw a busy programme of reports and papers. In agreeing the Law Society’s new strategy in 2015, Council committed to review the Society’s governance. On 18 May Council took a further step in considering proposals for change. Council discussed a paper from its Governance Review Working Group, which had considered proposals made by Dr Nicola Nicholls who undertook an independent review, and agreed to ask the working group to develop further proposals in more detail. The Law Society is keen to hear from members as we develop proposals and will communicate more widely about suggestions as they evolve. We have a dedicated e-mail address for members: [email protected] and another for Council members: [email protected]. Council discussed a range of proposals including the creation of a senior board, how the board could be chaired and how board members and other governance positions could be appointed, and whether a maximum term for council members should be introduced.




Promoting the profession - market and regulatory change Council noted that the consultation on separating legal regulators from their professional bodies has still not been issued, and given the forthcoming referendum the timing remains uncertain. It was noted that the Law Society is fully engaged with the current Competition and Markets Authority (CMA) study of legal services, having last month submitted a response to a number of supplementary questions received from the CMA, and being in the process of facilitating contacts between CMA and a number of Society committees and others. Updates were provided on a number of policy issues, including engagement with Briggs LJ on his interim report on proposals for online courts; the Society's work to engage with our members and with external stakeholders in the debate on Britain's membership of the EU; and ongoing work to influence legal aid policy. Council heard about the work the Law Society is undertaking to promote solicitors. This included a programme of research with solicitors and their clients, and messages are being developed for the forthcoming campaign: these will be thoroughly tested with the wider membership, the public, and businesses that buy legal services. Among media coverage referred to in the CEO's report, it was noted that the Law Society's report on the economic value of the legal services market had attracted very significant positive coverage in, among others, the Financial Times, and on the Today programme. Representing the profession - legal updates Council noted the legislative programme announced, on the same day as its meeting, in the Queen's Speech. A number of the bills have direct implications for the Law Society, including:

the Bill of Rights - which we will study carefully to ensure that existing human rights are not diluted;

the Children and Social Work Bill - including changes to how the courts consider adoption;

the Prisons and Courts Reform Bill - dealing with courts and tribunals modernisation and the online court;

the Counter-Extremism and Safeguarding Bill - proposing additional powers for Government and law enforcement agencies;

the Criminal Finances Bill - carrying forward reforms on reporting suspicious financial activity and introducing a new offence of corporate failure to facilitate tax evasion.

Related to this issue, the CEO updated Council on the lead recently taken by the Law Society in bringing together a group of legal and accountancy organisations to publish a joint statement pledging ongoing work to tackle bribery, corruption, tax-evasion, and money laundering. Council also noted reference to the Better Markets Bill. Supporting the profession - engagement, interventions, and other activity Council was glad to hear of the success of the application by the Public Law Project, in which the Society was given permission to intervene, to have the legality of the civil legal aid residence test quashed by the Supreme Court. Council noted our ongoing collaboration with the Bar over the place of legal professional privilege in the draft Investigatory Powers Bill, and noted that the Law Society is also continuing its intervention in the ECHR challenge brought by Big Brother Watch against the mass data surveillance undertaken by the UK security.


Council noted that the Law Society continues to work closely with a number of other representative groups in advance of the government's expected proposals for a fixed fee regime for some clinical negligence cases. In terms of access to justice, Council also noted the Law Society's active engagement with the overarching working group on criminal legal aid, the discussions with MoJ and the LAA over the structure of the new crime contracts, and Law Society's continuing work to draw attention to the damaging effects of the programme of court closures. The CEO's report noted the preparation of a 'priorities for justice' document focused on Welsh issues to tie in with the National Assembly elections. Equality and Diversity, and People Strategy It was reported to Council that there have been 123 applications this year for the Law Society's Diversity Access Scheme which aims to finance training for the profession by those whose circumstances would otherwise make it impossible. Mention was also made of the Women Lawyers Division two-day Returner Course which had attracted significant interest. Council decided that the reach of its Equality, Diversity and Inclusion Committee should be extended by adding members from the Ethnic Minority Lawyers Division, the Junior Lawyers Division, the Lawyers with Disabilities Division, the Lesbian, Gay, Bisexual and Transgender Division, and the Women Lawyers Division. This involved a change to the Law Society's General Regulations. Council was happy to learn that the Law Society has been successful in securing Investors in People accreditation, excellent recognition of the work the Society puts into developing, recognising and supporting our people.

Looking to the FutureRegulatory reform

A new code for individual solicitors – sets standards, behaviours and ethics wherever they practise

A new code for entities entitled to carry out reserved activities – sets standards, systems and controls we expect

Clear and flexible Practice Framework Rules

What we are doing?

Accounts Rules

Clear principle based approach

Reduce the amount of prescriptive unnecessary detail - redefinition of client money

Provide a simpler structure that makes the Rules easier to follow and to comply with

Supported by toolkits to aid understanding

Allow solicitors flexibility to use third party managed accounts to hold client money

Why are we doing this?We want to reform our regulation to

Uphold standards and core professional values

Enable growth and innovation in legal services

Strike the right balance between reducing regulatory burdens and ensuring consumer protection

Give solicitors and their employers more flexibility to organise their businesses in a way that works for them

Help people access competent solicitors

A changing legal market

Growing alternative legal services market

Changing consumer purchasing behaviour

New delivery models and structures

Unmet need

49% of adults had a legal need in the last 3 years

79% of individuals with a legal problem do not obtain professional help from regulated providers

83% of small businesses with a legal problem do not obtain professional help from regulated providers

Revised Principles building on five professional principles in the Legal Services Act 2007 (LSA)

Shorter, clearer Code:

Remove prescriptive drafting

Remove duplication , primary legislation and outdated requirements

Replace some Principles with Outcomes

Clarity on what regulation applies to whom-

individual and entity regulation

Revised Principles and Code

Removal of restrictions on practice over and above

S15 of the LSA (Rule 4)

Clarity on providing pro bono services

Revised Practice Framework Rules

Gives solicitors freedom to practise in wider legal services market

Gives firms more freedom to innovate and compete with alternative legal services market and tackle unmet

Choice – making solicitors more widely available to consumers that value the brand and what it offers (excellence and ethics)

Shorter, simpler and easier to implement Codes

Shifts focus (and costs) to enforcement for those that don’t comply - giving freedom to those that want to comply

What does this mean?

Consultation on Principles and Individual Code this summer

Further consultation on Practice Framework Rules and Authorisation Rules later this year

Implementation no earlier than late 2017

When are we doing this?

Online material to explain approach and our thinking

Virtual Reference Group

Pro bono decision tree

Proposed Tool Kit, Guidance and case studies

Talk to us…..How can we help you?

What help will we provide?

SRA Innovate

Commitment to helping firms identify and develop better ways

of delivering high quality legal services

Supporting new types of organisations who are thinking of

delivering legal services for the first time as well as existing

firms

Providing dedicated space for innovation

Questions?

LLG Board Meeting 17 June 2016 Item 9: Branch or SAA Issues Page 1

Item 9: Branch or SAA Issues

BRANCH REPORTS

Branch Director Report Included

Eastern Branch

Nigel Inniss YES

East Midlands Branch Philip Horsfield NO

London Branch Suki Binjal NO

North East Branch Colette Longbottom YES

North West Branch

Adam Simpson YES

South East Branch Vacant NO

South West Branch Baan Al-Khafaji NO

Southern Branch Stephen Taylor YES

West Midlands Branch Stuart Evans NO

Wales Branch Gareth Owens NO

Yorkshire and Humber Branch Stephen Turner YES


Eastern Branch Representing Local Authorities in Bedfordshire, Cambridgeshire, Essex, Hertfordshire, Norfolk and Suffolk Report to LLG Board on 19 June 2016 By David Holt, Branch Secretary Schedule of Branch Meetings and Events 2016/17

DATE EVENT (past / planned) VENUE

Friday 22nd April AGM (deferred) and presentation on procurement issues by Joseph Barrett of 11KBW

Essex Legal Services, Chelmsford

Friday 1st July Reconvened AGM and ABS presentation.

Suffolk Legal, Ipswich

Engagement with Corporate Partners n/a List of consultation responses n/a Additional Notes The agenda for the reconvened AGM will concentrate on engaging members to support the SAAs and identifying how to attract new lawyers to support the work of the Branch. It has proved challenging to secure a suitably sized venue which is central to the branch area and easily accessible. List any changes to branch officers since last report The present officers remain in post pending the reconvened AGM


LLG: North East Report to LLG Board: Revised: @ 18.5.16 Branch Activity Report 2016/17 Report of Suzanne Gamble Branch Secretary

*Schedule of Branch Events & Projects

10 May 2016 Employment Group: Holiday Pay : Eversheds: Simon Rice- Birchall organised by Stella Willmott

Gateshead

18 May 2016

Branch AGM : Freeths

Gateshead

7 July 2016

LLG:NE / LGG Biennial One Day organised by Branch Officer Team

Venue: Gateshead Civic Centre

20 September 2016

LLG:NE / Bevan Brittan: The Future Shape of Local Government

Venue: Gateshead Civic Centre

*This table details only actual and planned events during the current year, 2016/17 Italics denote a planned event. For previous years please refer to past tabled reports

Special Activity Areas: Branch Leads The Branch Executive membership includes Heads of Service, and SAA leads who report periodically on their sector activity. The following are the current Branch Special Areas of Activity/Special Interest Group Lead Coordinators, each of whom organise separate meetings within their respective areas, in addition to the above:-


Standards and Governance: Colette Longbottom (Durham County Council): [email protected]

Procurement: Craig Winter (Newcastle City Council): [email protected] Litigation &Licensing: Tim Briton (Gateshead Council):

[email protected] Planning & Highways: Nicole Walker (Gateshead Council): [email protected] Adult Social Care: Jane Taylor (Darlington Borough Council): [email protected] Childcare: Nicola White (Darlington Borough Council): [email protected] Employment: Stella Willmott (Gateshead Council): [email protected] Housing: Laura Findlay (Northumberland County Council): [email protected]

Junior Lawyer Representative: Mandy Cheung (Sunderland City Council)

[email protected]

Information Management: Tanya Rossington (Gateshead Council)

[email protected]

Key Communications Activity Communication with Branch Members and external bodies include:

- regular distribution of circulars, LGG course information, weekly legal updates from national & locally based firms & chambers

- circulation of jobs available locally - liaison with other northern LLG branches (Yorkshire & North West) to consider cooperation

on inter branch activity esp on governance - liaison with members to develop LLG profile, create an awareness of national LLG initiatives

and facilitate general networking activity - liaison with other local government professional bodies, locally based businesses firms

chambers & universities to explore opportunities for future branch activities

Regular Branch Executive Meetings receive:

- Minutes of LLG Board Meetings and a report from National Representatives for discussion - Reports from SAA Local Leads - Reports from Heads of Service of authorities within the Branch area who consider &

recommend future activities or identify issues of national significance to raise with national LLG officers

- Reports from the Branch Secretary & Treasurer - Other Reports as the Chair considers appropriate











List of Key Branch Officers for 2016-17 Colette Longbottom Branch Chair &Branch Representative, Durham County Council;[email protected] One of the North East’s senior legal managers, Colette takes an interest in governance and the Monitoring Officer’s role Suzanne Gamble Branch Secretary, Gateshead Council; [email protected] Suzanne is a commercial lawyer with interests including health commissioning, schools and collaborative procurement working Tim Briton Treasurer, (& substitute LLG Board Representative) Gateshead Council ; [email protected] Tim Briton is active nationally in supporting the SAA as its Lead covering licensing and speaks at national licensing events Andy Thom Immediate Past Branch Chair: [email protected] Andy was our inaugural Branch Chair at LLG: NE having been past Chair of AcSeS in the North East

Dennis Hall Branch Secretary LLG North East Tel: 0191 433 2114 Email:[email protected]


North West Representing Local Authorities. Report to LLG Board on 17 June 2016. By Adam Simpson, Branch Secretary Schedule of Branch Meetings and Events 2016/17

DATE EVENT (past / planned) VENUE

None yet planned - -

Engagement with Corporate Partners N/a List of consultation responses N/a Additional Notes N/a List any changes to branch officers since last report

- Branch Chair has stepped down and a replacement is required. - Branch Secretary is also due to step down.


Report to LLG Board on 17th June 2016 Prepared by Stephen Taylor, Southern Branch Secretary

Southern Branch The LLG Southern Branch represents Local Authorities in the geographical areas of Berkshire, Buckinghamshire, Dorset, Gloucestershire, Hampshire, Isle of Wight, Oxfordshire, and Wiltshire. The Branch meets quarterly at various locations around the region and, where possible, its current programme considers a Special Activity Area theme at each meeting in addition to a number of standing items and topical matters. List of branch officers 2016/17

POST NAME and AUTHORITY

Chair MARIA LUCAS, Bath and North East Somerset Council

Vice-Chair RICHARD IVORY, Southampton

Secretary STEPHEN TAYLOR, Swindon Borough Council

Treasurer DAVID HOLLING, West Berkshire Council

Schedule of Branch Meetings and Events 2016/17 In addition to ad hoc meetings and SAA meetings that have yet to be finalised, the following are those that have been arranged to date:

12th February 2016 Swindon

Unitary Authority Heads of Legal Group SAA

11th April 2016 Salisbury

Framework Agreement

10th June 2016 Christchurch

Branch quarterly meeting

June 2016 date to be confirmed tbc

Framework Agreement

1st September 2016 Venue tbc

Partnership and Procurement SAA

9th September 2016 High Wycombe

Branch quarterly meeting (Presidential Visit)

2nd December 2016 Basingstoke

Branch quarterly meeting

8th December 2016 Venue tbc

Partnership and Procurement SAA

10th March 2017 Bath

Annual Branch Meeting


Engagement with Corporate Partners There are no specific matters to report so far as the Branch is concerned. Additional Notes Special Activity Areas On occasion, SAA National leads had been invited to attend relevant branch meetings and have provided useful updates. Local SAA leads are organising events at branch level although take-up has been disappointing on some occasions. This issue will be considered further by the branch and Heads of Legal Service have been asked to ascertain the disincentives to taking part in such local groups which were important in helping to facilitate contact between colleagues in different authorities and spread good practice across the branch area. The Junior Lawyers Group is still in its preliminary stage due to work and time constraints of those Junior members who have expressed an interest in joining the group. The National Leads for Junior Lawyers have been contacted to ask for their assistance by contacting the junior lawyers with recommendations on how they can collaborate to set things in motion to establish the group. Southern Branch Call Off contract for legal services Regular updates are given at each meeting as to the operation of the Southern Branch call-off contract for legal services. Work is ongoing on procuring a new call-off contract, and Frank Cain (Wiltshire) is leading on this. In total, from November 2010 to March 2016, over £7.5M legal work had been commissioned under the call-off contract which has amply shown its worth in terms of convenience and providing value for money. List any changes to branch officers since last report

Chair MARIA LUCAS, Bath and North East Somerset Council (formerly Maria Memoli)

Vice-Chair RICHARD IVORY, Southampton City Council (formerly Maria Lucas)


Yorkshire & the Humber Representing Local Authorities in North Yorkshire, South Yorkshire, East Yorkshire, West Yorkshire, North Lincolnshire and North East Lincolnshire Report to LLG Board on 17 June 2016 by S D Turner, Branch Secretary Schedule of Branch Meetings and Events 2015/16

DATE EVENT VENUE

17 March 2016 AGM and Training Day Kings Chambers - Leeds

Summer 2016 tbc Branch Meeting York City Council

Autumn 2016 tbc Branch Meeting tbc

November 2016 LLG Awards Leeds

March 2017 tbc AGM and Training Day tbc

Additional Notes The ‘signed up’ membership of the Branch has increased slightly with some 323 now signed up to the Branch pages on the website. 17 March 2016 saw the Branch AGM and Training Day once again held at Kings Chambers in Leeds where a range of leading speakers delivered a full training day of plenary and breakout sessions on topical subjects. The (then) Vice President of LLG Doreen Brown attended and spoke to Members at the AGM and afterwards joined in the training and was able to network with Members over lunch. Representatives of Corporate Partners based in the Branch Area attended. The summer Branch Meeting for 2016 will be hosted by York City Council and an autumn meeting will be held at a venue yet to be confirmed but likely to be a Corporate Partner. The local groups as detailed on the website continue to meet as required by their membership. The news that the 2016 LLG Awards will be held in Leeds has caused great excitement in Branch and the Branch Chair already has a group of enthusiastic volunteers to help in making the evening go smoothly Branch Officers 2016/17 The AGM saw the following Branch officers elected/reelected for 2016/17. Chair Kelly Hamblin – Selby DC Vice Chair Sajeda Khalifa – Barnsley MDC Treasurer Alex Spurr – Wakefield MDC Branch Secretary Steve Turner – Hull City Council Assistant Branch Secretary Rebecca Ware – Selby DC Branch Representative Steve Turner – Hull City Council


SPECIAL ACTIVITY AREA (SAA) REPORTS

Branch SAA Lead Report Included

Adult Social Care & Health Vacant NO

Children’s Services & Education Graham Cole YES

Employment Angharad Price NO

Housing & Regeneration Alison Stuart YES

Information Management Vacant NO

Junior Lawyer Vacant NO

Litigation & Licensing Tim Briton NO

Monitoring Officers & Governance Eleanor Hoggart YES

Partnership & Procurement Ian Anderson YES

Planning, Highways & Environment Rachel Mckoy YES


SAA – Children’s Services and Education Report to LLG Board on 17 June 2016 By Graham Cole (SAA Lead on Children’s Services and Education)

Meetings and communication (Include meetings with nationally representative bodies, and communication with local SAA groups and Special Interest Groups)

DATE ACTION VENUE

7.3.16 LLG Child Care Lawyers Group

Wolverhampton City Council Legal Services

17.3.16 Law Society Family Law Committee

Law Society

22.3.16 SAA Children’s Services and Education (Eastern Region)

Cambridgeshire County Council offices, Cambridge

7-9.4.16 LLG Weekend School University of Warwick

13.4.16 Conference on Forced Marriage

Luton

11.5.16 Law Society Family Law Committee

Law Society

12.5.16 Law Society Children Law Sub Committee

Law Society

Legislative changes or key issues Changes to the law on adoption and care leavers (Children and Social Work Bill). Changes to the law on special guardianship. Proposals for an overhaul of care proceedings and use of Settlement Conferences Proposals to change the structure of Local Safeguarding Children Boards (LSCB’s) and arrangements for serious case reviews. Social Services & Well-Being Act (Wales) 2014 – this came into force in April 2016 and has increased the divergence in child care law between England and Wales Developing law in relation to radicalisation Increased academisation of schools (proposals for all schools to become academies now withdrawn) News and planned activities Through the work of the Child Care Lawyers Group, we are continuing to monitor progress in meeting the 26 weeks requirement.


The Group now has a full membership, drawn from all parts of England and Wales and I am pleased that we now have representation from the South West. This has been lacking in recent years. Through the Law Society, a group of local authority lawyers are updating the Society’s templates for use in care proceedings. An increasing number of local authorities are dealing with cases where children are at risk of being, or have been, taken to Syria and of being subjected to radicalisation. The authorities dealing with such cases are continuing to liaise closely in order to share experience and good practice. As case law stands at present, a high evidential threshold appears to have been set by the courts in such cases. I have completed the directory of contacts for child care lawyers in each local authority. I have circulated a number of legal updates via this directory and I have received a large number of comments about the value of this communication. Other authorities have used it to share information, in particular about details of experts. I attended the LLG Weekend School in April and presented a session on developments in child care law. I wrote a short piece for the Local Government Lawyer on the causes of delay in care proceedings. Issues arising at the meetings of the Law Society Family Law Committee and the Children Law Sub Committee Key points:-

Children Law Accreditation Scheme (Children Panel) Between January and April 2016, there were 33 initial applications for membership, 49 applications for re-accreditation and 4 applications for conversion to child party status

Settlement Conferences There is a working group at the MoJ preparing an overhaul of care proceedings and focusing on the use of settlement conferences.

International Issues TLS is producing a webpage on international issues which will signpost practitioners to useful sources of assistance (this is now live – see

http://communities.lawsociety.org.uk/5055630.article ). An EU review in underway into domestic recognition of adoption orders made in EU Member States.

http://communities.lawsociety.org.uk/5055630.article


Legal Aid TLS continues to make the case against reductions in legal aid funding and is highlighting the consequences. The residence test for legal aid was ruled unlawful by the Supreme Court. The Government’s response to this decision is awaited. Where the LAA seek evidence of domestic abuse in applications for legal aid, the time period from which such evidence can be adduced has been extended to 5 years.

Attendance of Solicitors at LA Children Act meetings TLS guidance on this subject is being updated and will be available shortly.

Templates for care proceedings TLS templates for use in care proceedings are to be updated.

Domestic abuse The Committee is looking at a possible project with a view to pressing for a national strategy on domestic abuse, along the lines of the Welsh legislation.

Talks We received a talk from Mary Baginsky on the LIFT Project (the London Intervention Families Team). This is a project involving intensive intervention with families where there is perceived to be a ‘glimmer of hope’ for change. We also received a talk from Lucy Reed on the work of the Transparency Project. She covered the parental recording of social workers and the use of section 20. On both topics they have produced guidance.

McKenzie Friends TLS is responding to a consultation exercise on the use of McKenzie Friends.

The Committee next meets on 6.7.16 The Sub-Committee next meets on 20.7.16.


List of SAA leads and contacts 2015 Graham Cole – SAA Lead – [email protected] Nigel Inniss – SAA Deputy Lead – [email protected]

TBC -

London - Education

Ranette Prime [email protected] Hackney London – Safeguarding (Children & Adult)

Nicola White [email protected]

Darlington NE : Childcare

TBC NW ; Children’s Services & Education

Maureen Hills [email protected] Cheshire East

NW :Education

TBC - - SE :Children’s Services & Education

Charlotte Bellis [email protected]

Bridgend Wales :Education – SW

Susan Eads [email protected] Caerphilly Wales : Education – SE & Midlands

Ceri Williams [email protected] Conwy Wales – Education – North

Marianne Moran [email protected] Leeds Y&H: Academies & Trusts

Steve Boorman stephen.boorman@leeds./gov.uk

Leeds Y&H: Childcare

Anne Oldroyd [email protected]

Leeds Y&H : Education











mailto:stephen.boorman@leeds./gov.uk



SAA - Housing & Regeneration Report to LLG Board on 27 June 2014 By Alison Stuart – SAA Lead Meetings and communication I have been asked to attend the Social Housing Law Association Annual conference, which will take place this year at The Hatton, Hatton Gardens on 11th November 2016 as an LLG SAA representative. I have linked in with David Orr, Chief Executive of the National Housing Federation via LLG to ask if he wishes to attend.

DATE ACTION VENUE

11th November 2016 SHLA Annual Conference 2016

The Hatton, Hatton Garden, London, EC1 8HN

Legislative changes or key issues N/A News and planned activities N/A Engagement with Corporate Partners N/A List of consultation responses N/A Additional notes N/A List changes to SAA leads and contacts since last report N/A

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SAA - Monitoring Officers & Governance Report to LLG Board on 17.6.16 By Eleanor Hoggart – SAA Lead Meetings and communication (Include meetings with nationally representative bodies, and communication with local SAA groups and Special Interest Groups)

DATE ACTION VENUE

23.2.16 Meeting with Law Commission project officers re Misconduct in Public Office review – to date the review has, unsurprisingly, engendered much interest from LGG members. However, the meetings have been used as an opportunity to suggest some improvements to the clear deficiencies in the present Code of Conduct regime.

Home Office, London,

9.3.16 Law Society In-house committee meeting – including looking at the programme for the LS In-House Conference on 15 June. EH suggested LS should look to feed in more with LLG's events and webinars, and explore the possibility of joint events with LLG. Janice More will speak at the bi-annual conference for LLG North Eastern branch in Newcastle on 7 July.

Law Society, London

8 & 9.4.16 Weekend School Warwick University

21.4.16 Meeting with a number of GC’s in finance & commerce sectors on the Law Society’s on-going review of Ethics in


the profession – part of the work on re-writing the Solicitors’ Code. This major new project was launched in 2015 to research and engage in-house lawyers on the role of the General Counsel in the context of Ethical Leadership. The project is led by Professor Richard Moorhead, Professor Stephen Mayson both of UCL Centre for Ethics and Law (CELs), Paul Gilbert of LBC Wise Counsel and Steven Vaughan of the Centre for Professional Legal Education and Research (CEPLER). The project has attracted the interest of the SRA and we believe it is the first time this important subject has been systematically researched with in-house lawyers at the heart of the conversation. In 2015 the first phase of the project was to undertake an online survey of in-house counsel. The full results of the survey will be published this year along with the commentary of in-house lawyers in conversation with the project team. Next meeting scheduled for 2.6.16.

5.5.16

Attendance at GC roundtable meeting with Law Soc new C Ex Catherine Dixon –looking at:

Law Society,London


13.5.16

-matters impacting the profession including the possibility of major changes to legal services regulation. - Legal Professional Privilege and the Financial Services Act Senior Managers Regime - The LS proposed GC350: Benchmarking study for the in-house community.

Facilitating LS In-House Committee Breakfast Seminar for GC’s – used event to suggest greater co-operation and cross-contact between our various sectors.

DLA, Manchester

Legislative changes or key issues Upcoming issues to consider include any potential disaggregation issues non-application of some direct-effect legislation in the event of a BREXIT vote on 23.6.16.

News and planned activities LLG Governance Conference – London – 20th June 2015 Engagement with Corporate Partners Met up with Judith Barnes, now at Bevan Brittan’s Leeds office – 21.4.16 List of consultation responses March 2016 – responded (with Yinka Owa at Hackney LBC and Suki Binjal) to the Solace draft Guidance notes for CEx’s & RO’s on the upcoming European Referendum. April 2016 – request from CiPFA for input into their proposed slightly revised paper on Benchmarking for LA legal teams – published to the membership via the Bulletin & response to be published in Forum idc. Additional notes - List changes to SAA leads and contacts since last report


SAA - Procurement and Partnerships Prepared by Ian Anderson Meetings and communication

DATE and VENUE EVENT / ACTION and NARRATIVE

25 May 2016 BSI hosted meeting to develop White Paper for submission to Government

Summary of legislative changes and key issues As previously stated EU Concessions Directive introduced in April 2016

Working with partners Following a reference from the Board I am presently working with a group brought together by the British Standards Institute to develop a White Paper to make proposals upon how Organisational Culture can be assessed within tenders I am also working upon Governance models in relation to Combined Authorities I am close to completing a standard specification for procuring legal services

News and other activities

Forward planning Following the Local Government Conference it is my intention to work more closely with the London group


SAA - Planning, Highways and Environment

Prepared by Rachel Mckoy

Meetings and communication (Include meetings with nationally representative bodies, and communication with local SAA groups and Special Interest (Please mention attendance levels, involvement of Corporate Partners and other support, participant feedback etc)

DATE and VENUE EVENT / ACTION and NARRATIVE

Tele - con 17 May 2016 Richard Barlow – Brown Jacobson (Next quarterly calls booked for 20th September 2016)

12 May 2016 Berkshire Authorities Training Event in conjunction with Francis Taylor Buildings

Summary of legislative changes and key issues Secretary of State for Communities and Local Government v West Berkshire DC and Reading Borough Council 2016 Court of Appeal decision to reinstate PPG advice that small housing sites of 10 units or less than 1,000 sqm were exempt from the provision of on-site affordable housing or commuted payments. The ruling is expected to provide a significant boost to developers of relatively small, particularly brownfield, housing sites. However, there is widespread concern about its impact on the ability of local authorities to meet the need for affordable homes. It is also of considerable legal significance for its endorsement of the process and effect of the Secretary of State’s highly controversial policy intervention. The Court of Appeal have, in allowing the appeal:

1. Emphasised that the policy must allow exceptions even if expressed in unqualified terms [paragraph 17] and held that Holgate “conflated what the policy says with how it may lawfully be deployed.” [paragraph 30]. Lawful application of the policy must, therefore, allow for exceptions in individual cases;

2. Held that there is no “systematic primacy” to be accorded to the development plan [paragraph 20]. In other words, the statutory presumption in favour of the development plan does not confer greater weight on the development plan – only that it is the first port of call until another material consideration (eg. a change in national policy) “indicates otherwise”;

3. Relied on the fact the Secretary of State was exercising a common law power to find that he should not be faulted for failure to have regard to material considerations


[paragraph 37]. This might open up an argument that those very material considerations to which he did not have regard are, in the circumstances of a particular local planning authority’s area, sufficiently important to justify imposing an affordable housing contribution below 10 units notwithstanding the mandatory terms of the policy. On the other hand, some might argue that it is unrealistic to believe an inspector will depart from a policy drafted by the Secretary of State in such directional terms in the absence of the most exceptional local considerations;

4. Generally applied a very light touch when considering the rigour of the Secretary of State’s analysis of the evidence underpinning the policy, and of the responses to consultation;

5. Held that compliance with the public sector equality duty was achieved (albeit late) by a report which “takes a relatively broad brush approach” compared to the exercise

adopted by Holgate J.

Secretary of State for Communities and Local Government v Hopkins Homes Ltd and Richborough Estates Partnership LLP v Cheshire East Borough Council [2016] EWCA Civ 168

On 17 March 2016 the Court of Appeal handed down its judgment in the above conjoined appeals.The Court of Appeal in Hopkins Homes confirmed that the NPPF does not, and could not, displace the statutory ‘presumption in favour of the development plan’. Policies in the NPPF, including those relating to the ‘presumption in favour of sustainable development’ do not modify the statutory framework for the making of decisions on applications for planning permission (see paragraph [42]). The correct approach for the Inspector to adopt in determining an appeal is to consider first whether it accords with the relevant provisions in the development plan (see paragraph [43]). If the proposal does not accord with the relevant provisions in the development plan, the Inspector must consider whether here are any other material considerations, including relevant policies in the NPPF, that indicate that planning permission should be granted (see paragraph [43]).

Repeal of s106BA-BC of Section 7 of the Growth and Infrastructure Act 2013 (which added sections 106BA-BC to the Town and Country Planning Act 1990) affording Developer’s the opportunity to revisit the affordable housing provisions in completed s106 agreements on viability grounds .

Housing &Regeneration Act 2015

The Housing & Regeneration Bill received Royal Assent on the 12 May 2016.

The main purpose of the Act is to provide the legislative means for the creation of more affordable homes, for increased home ownership and to improve the way housing is managed. A key part of this is reforming the planning system so that it facilitates the delivery of new homes.


The Act is made up of eight parts, the first five focus on:

starter and custom/self-built homes; rogue landlords; recovering abandoned premises; reforming social housing; and other changes to simplify and improve legislation on housing and rents.

The main planning changes are included in part 6 of the Act. The planning reform focuses

on seven key areas:

Neighbourhood Planning; local planning; planning in Greater London; local registers of land and permission in principal; planning permission; nationally significant infrastructure projects; and urban development corporations.

Changes to the compulsory purchase regime are included in part 7 of the Act and are aimed at making compulsory purchase "clearer, fairer and faster".

Central to this is the easing of some planning controls, and the creation of ‘Starter Homes’ for FTBs with values set at 80% of market value. The intention is to deliver 200,000 Starter Homes in the life of the parliament.

Starter homes introduced as an affordable housing category on newbuild developments

Starter homes will be available to FTBs at a 20% discount off market value, subject to value caps

Provisions requiring councils to consider the sale of vacant council housing Extension of Right to Buy to housing associations Introduction of a ‘rogues gallery’ of landlords & letting agents with powers to ban

repeat offenders Agents to keep client’s money in accounts separate to business accounts Local Authorities to grant planning permission on serviced plots, sufficient to meet

the demand for self-build housing in their area

Working with partners

Planning and Regeneration London Conference I am still in the process of exploring a London conference with Gellards or potentially other corporate partners which will have a planning, regeneration and CPO focus. I have recently been in discussion with Francis Taylor Buildings Chambers in this respect who are open to support such an event.


Brown Jacobson I have continued to speak with Richard Barlow on a quarterly basis to discuss training opportunities and topics of interest in planning. Richard advised on the 17 May 2016 that he has put together a Members’ training pack which addresses practical planning issues which he would like to share with the membership and publish on the website. This will be provided to our Development Officer in due course.

News and other activities On the 12th May 2016, I hosted the Berkshire Authorities Planning Seminar in conjunction with Francis Taylor Buildings. The event was very well attended and a great success. I am currently exploring rolling this out on a bi-annual or annual basis.

Forward Planning

Due to unprecedented work pressures in completing a major strategic project between February and 8 June 2016 and lack of capacity, I have not been as active as I would have liked. However, moving forward I will now be seeking to work more closely with the Regeneration SAA Lead and the Development Officer to increase the LLG lobbying presence in Planning Matters and aiming to put together regular SAA blogs now that the opportunity to have that platform is open.

Additional Comments I will continue to touch base again this year with the other Corporate Sponsors that I was in correspondence with year last year (Wragges, Weightmans, DAC Beachcroft, Bevan Brittan, VWV, and Walker Morris).


SAA Applications Helen McGrath, Development Officer, LLG Ltd

1. Introduction

1.1 This report presents the applications for the vacant SAA posts currently available.

1.2 There are currently 4 SAA Lead vacant positions: two Junior Lawyer SAA Leads; the Adults Social Care & Health SAA Lead and the Information Management SAA Lead.

2. Junior Lawyer SAA Lead

2.1 Helen Thomson has resigned from the position of Junior Lawyer with effect from

the 18th May 2016. In consequence both positons of SAA Lead are now vacant.

2.2 Following an advertised recruitment, 4 applications have been received as attached. Please note that Zabina Bi and Shamsher Zada wish to share any appointment. They have therefore produced a joint application albeit the have each produced their own submission.

2.3 To summarise 4 applications have been received as follows; Zabina Bi from West Midlands Passenger Transport Executive. Shamsher Zada from City of Wolverhampton Council.

Gemma Pesce from Doncaster Council. Robbie Clemens from Essex Legal Service.

3. SAA Adult Social Care & Health

3.1 The Board will be aware that this post has been vacant for some time. There is only

1 applicant who has been spoken to on several occasions and who with some support is very keen to take on the role. Support is being identified, however the Development Officer has offered assistance should the Board wish to appoint this applicant.

3.2 Emma Harrison from Somerset Council

3.3 Application as follows;


I am writing to confirm that I would be very interested in becoming the SAA Lead for Adult Social Care. I have been working at Somerset County Council for 4 years, the last of which has been in the Environment and Litigation Team specialising in Adult Social Care. I am due to qualify as a Legal Executive in July 2016 and subsequently a solicitor in November 2016. I currently hold a caseload of 18 cases the majority of which are Court of Protection matters. I am however expecting this to increase to approximately 30-35 following the increase of cases involving deprivation of liberty for 16 and 17 year olds due to the recent ruling in Birmingham City Council v D. I have been undertaking my own advocacy for nearly two years and have built good working relationships with the local solicitors, barristers and the judiciary. I consider myself to be a well organised person which is particularly necessary at the moment with my increased workload. I have always wanted to become involved in Human Rights Law and I am truly passionate about the current work I am undertaking.

I have been a member of LLG for just under two years and have attended a number of courses including the last two LLG Weekend Schools. I thoroughly enjoyed both and returned feeling more knowledgeable and enthusiastic. I am very keen to be appointed to this role as I feel that Adult Social Care needs greater representation, particularly as it is an area of law which has been changing rapidly. I do not believe that the length of my experience puts me at a great disadvantage as the law has taken a significant redirection since the case of Cheshire West. The burden upon Local Authorities has further increased with Re AJ, Re X and most recently with Birmingham City Council v D as mentioned above. I am involved in the South West Court of Protection Practitioners Association (COPPA) with a colleague and have attended various training courses with other suppliers. However, I feel there is not enough training and updates available which focus upon the effect the changes have on local authorities. I feel confident that I can be an asset to LLG to arrange training days, work with LLG’s corporate sponsors and after a time, provide updates regarding the changes to LLG members.

4. Information Management SAA Lead

4.1 Despite following up an interested lead following the weekend school and exchanging correspondence, no applicants have come forward for this vacancy. The Development Officer at the time of writing this report is making direct approaches to those shortlisted in this category during the 2014 Awards and will verbally update any progress.


Junior Lawyer Applications FAO: Helen McGrath Development Officer Mrs Gemma Pesce Lawyers in Local Government 2 Longworth Road Sent via Email Hemsworth WF9 4SZ

2nd June

2016 Dear Mrs McGrath SAA Junior Lawyer Vacancy Application I wish to apply for the above vacancy to take the Lead Special Activity Role for LLG. I am currently employed by Doncaster Council as a Senior Claims Handler, my role is to advise and assist the Insurance Manager in the delivery and development of the Council’s ‘in-house’ claims handling service. I provide expert technical advice and guidance on all claims handling matters and assist with evaluating the Council’s insurance needs, arranging appropriate Insurance cover to ensure the Council’s assets, reputation and services are protected. The claims I advise upon and handle are of a Civil Nature and can involve Public Liability, Employers Liability, Road Traffic Accidents and Defective Premises. I recently qualified as a Chartered Legal Executive Lawyer, having completed my Law Degree and Legal Practice Course. I am an active member of ‘Alarm’ The Public Risk Management Association, this is an organisation which supports professionals who manage risk and insurance serving public services. I have assisted Alarm by preparing a list of questions for a Legal Panel Debate and volunteered to chair workshops at the annual conference. In my spare time I also volunteer for the children’s charity ‘Make A Wish’ as a Wish Visitor, this involves visiting children and young people fighting life-threatening conditions, to identify their wish. I then draft a report and send it to Make A Wish advising them on potential wishes and why they are appropriate. This is a difficult role to fulfil but I really feel like I am making a difference and although cliché who can say they make dreams come true. I also actively support the charity by fundraising, my last challenge was at Christmas when I arranged and hosted a Christmas jumper day. This involved putting up posters and sending a formal communication to all colleagues, it was successful and I raised £612.00.


I would like to be a Special Activity Lead as I believe I have the necessary maturity, qualifications, aptitude and experience to fulfil this role. As I have recently obtained my legal qualification I have been looking for something else to expand my skill set and I feel this could be my next challenge. Upon joining LLG I emailed my local Branch to ask if a Special Activity Area could be set up specifically for ‘In House Claims Handling’. I believe this is still in the pipeline but I am still interested in pursuing this suggestion as I know many Councils across the country handle Civil Claims in house instead of outsourcing. The reason for this is that it is more cost effective and the Council can make its own decisions on claims, as these claims have a potential impact on the local community. I have connections with many different Councils, I believe this is vital as the Legal world is constantly changing and it is important to share and keep up to date with new information and trends. As previously advised above, change is all around and to keep up with the times we must share knowledge and information. I am passionate about my job and would like to share this with other fellow professionals. I would like the opportunity to write articles relevant to my specialism; I have previously assisted in the production of a Highways Manual and written Policies and Procedures for the Council. I have no problems working with Corporate Partners as I currently liaise with many external companies including your corporate partners Weightmans and Browne Jacobson. I look forward to hearing from you regarding my application. Yours Sincerely

Mrs Gemma Pesce FCILEx Senior Claims Handler


Application for SAA Junior Lawyer Lead

Shamsher Zada

Solicitor

City of Wolverhampton Council

Background I commenced my training contract at Sandwell Metropolitan Borough Council in January 2014 and qualified in January 2016. After concluding my training contract I decided to take the opportunity to further my experience and develop my knowledge in local authority, I obtained a position as a Contract/Commercial Solicitor at City of Wolverhampton Council. The City of Wolverhampton is undergoing major transformation and having done my Law Degree and my Legal Practice Course at the University of Wolverhampton I decided that this exciting opportunity will enable me to contribute to the City that started my Career. Lawyers in Local Government (LLG) I became involved with the LLG during my training contract, I attended courses organised by the LLG including the Childcare advocacy workshop and the Junior Lawyers event which was chaired by Sam McGinty. This gave me the opportunity to find out more about what LLG was about and the role they played in local government. The events gave me the opportunity to network with colleagues in other local authorities and share ideas and resources therefore saving money for Tax Payers across the Country. My work as a Trainee Solicitor has been recognised nationally as I was a finalist in the LLG Junior Lawyers Award in November 2015. My teamwork skills are impeccable and most notably this has been developed further during my Training Contract where I was co-working major projects with Zabina Bi (Trainee Solicitor). As both myself and Zabina became more involved with LLG we discussed ideas of how we together and as individuals could contribute towards the aims and objectives of the organisation, as this was discussed at length with the then President Bev Cullen who both encouraged and inspired the both of us to put our ideas forward, get actively involved and apply for this Vacancy. Both myself and Zabina were approached for Chairing the Junior Lawyers day the LLG Weekend, I co-chaired the event for the weekend school which gave me the opportunity to get an insight into how LLG works. The weekend school also gave me the opportunity to speak to the new president (Doreen) regarding our desire to get involved and assist. Since then I have been in regular contact with the Development Officer (Helen McGrath) regarding how we can assist and get involved with LLG. Why I want to be SAA Lead Have recently completed my Training Contract and being a Newly Qualified Solicitor I understand what challenges junior lawyers face. I understand clearly the pressures local authorities face and how innovation and dedication as a junior lawyer can benefit the local authority and put you in good stead for a career in local government. Being appointed as an SAA lead for the LLG would enable me to promote the work of LLG and their presence nationally and raise the profile of Junior Lawyers, it would also enable me to organise events and conferences to promote what ‘a future lawyer in local government’ would be like, including the key skills they would need to possess. It now recognised that Lawyers in Local Government cannot work in a traditional way, local authority legal departments need to be innovative, diverse and self-sustaining and Junior Lawyers need to be aware of this if they desire to have a successful career in Local Government.


I believe that I would be an excellent role model for Junior Lawyers and an excellent representative for the LLG, having chaired the Junior Lawyers day at the weekend school it demonstrates that I have the commitment and passion for this role. This opportunity also gave me an insight into what might be expected of an SAA lead as following this event I have been approached by a few junior lawyers (including trainees) through LinkedIn who have asked for guidance/advice relating to their job/career. I am very active through Social Media which I would use to promote the work of LLG. I envisage progressing the Junior Lawyers Network further and ‘making the role my own’ having discussed some of the ideas with Bev Cullen and Zabina, these ideas include:

Maintaining a strong presence of support for Junior Lawyers;

Organising (jointly) a national conference for Junior Lawyers which will be both educational and provide them with the necessary skills and practical experience to kick start their career;

Work across the regional groups to encourage cohesion and sharing of ‘good practice’ I have demonstrated by working and providing assistance to LLG that I am capable of fulfilling the role and believe I would be an asset to LLG. Skills Having read the role specification I believe I have the necessary skills for this role including the following:

1. Writing monthly articles for the Weekly brief at Sandwell MBC during my training contract to raise awareness of current legal issues;

2. Providing support to LLG by attending and assisting with the weekend school and chairing the Junior Lawyers Event which shows my dedication to LLG;

3. Networking and maintaining relations with colleagues from other local authorities to encourage resource and good practice sharing;

4. Excellent team work skills and this can evidence through my project work; 5. Good communication skills both oral and written enabling me to communicate with people

from all walks of life; 6. Excellent organisation skills which enables me to manage my role as a Solicitor and take on

further responsibility;


Application for SAA Junior Lawyer Lead

Zabina Bi

Solicitor

West Midlands Passenger Transport Executive (Centro)

Background

In January 2014, I commenced my training contract at Sandwell Legal Services (SLS) and qualified in January 2016. After successfully completing my training contract I obtained a position of Commercial Solicitor at the West Midlands Passenger Transport Executive (WMPTE). The WMPTE is undergoing major changes, which includes the creation of the West Midlands Combined Authority (WMCA). On the 10th June 2016, the WMCA will be established by statutory instrument under the Local Democracy, Economic Development and Construction Act 2009. In practical terms, this will mean all of the powers that are currently exercised by the WMPTE and the Integrated Transport Authority (ITA) will transfer across to the WMCA from 10th June 2016 and the WMPTE will be abolished from that date and all rights and obligations will transfer to the WMCA. Having had the chance to work alongside the legal group which was set up in order to carry out the legal work on the creation of the WMCA, I decided that this was an exciting opportunity for me join the WMPTE to contribute to the West Midlands and start my legal career.

Lawyers in Local Government (LLG) I became involved with the LLG during my training contract, I attended various courses hosted by the LLG including the Junior Lawyers event which was chaired by Sam Mcginity. On attending the LLG courses meant that I was given the opportunity to learn about the LLG and the significant role that they play in local government. I also provided feedback to my senior management about the LLG awards, which meant that in 2014 SLS submitted an application for various award categories and were successful in being shortlisted for the commercial team of the year. By attending the various events held by the LLG, I was given the opportunity to network with colleagues from various local authorities and exchange ideas and resources. This has meant that we were able to make savings for the tax payers across the various regions. I believe that teamwork is a vital element and a skill that I possess. I have been given the opportunity to use my teamwork skills throughout my training contract where I was afforded the opportunity of co-working on major projects with Shamsher Zada. Shamsher and me were given the opportunity to became more involved with LLG and discuss ideas of how we can contribute towards the aims and objectives of the LLG as a team and as individuals. In 2015 we both attended the LLG awards and were afforded the opportunity to speak with the then President Bev Cullen where we discussed our ideas. Bev encouraged and inspired Shamsher and I to put our ideas forward, get actively involved and apply for this Vacancy. Why I want to be SAA Lead I was fortunate at the outset of my training contract that I was made aware of the LLG, which gave me the opportunity to network with many colleagues who were at the same stage of their careers. Having recently being a newly qualified solicitor I have an understanding of the challenges that junior lawyers face.


Furthermore I have been fortunate to have co-worked with Shamsher who is an excellent team player and determined individual and I believe is also applying for the post. Having had the opportunity as a trainee solicitor and working post qualification with local authorities has meant that I have been exposed and understand the challenges junior lawyers face and the contributions the LLG make to junior lawyers. I possess many excellent skills including; communication, team work; determination; commitment and hardworking. I believe that these are some of the skills that will be required for this role and believe that I would be an excellent representative and role model for the LLG and the junior lawyers. Some of the ideas that Shamsher and I discussed with Bev included the following:

co-working with the regional groups to encourage cohesion and exchange resources and ideas;

extending the membership of the LLG making junior lawyers aware of the LLG; and

organising a national conference where junior lawyers are afforded the opportunity to network, learn about the necessary skills and practical issues and given the chance to share ideas to help them with the start of their career.

Having read the role specification I believe that I have the required skills and experience for this role and believe this can be demonstrated via the following:

7. Marketing - on the outset of my training contract I have been involved in the marketing of SLS, which has included the redesign of the weekly brief, preparing the weekly brief, writing articles weekly.

8. Attending networking events and maintaining relations with colleagues from other local authorities.

9. Excellent team work skills. 10. Good communication skills. 11. Committed and determined individual.

I believe that I possess the required skills, commitment and believe that I would be capable of successfully fulfilling the role. I believe that I have the determination and if I was chosen for the role would be an asset to LLG.

SAA Lead: Information Management

Application Statement

My name is Angeline Hayles–Henderson and I am Privacy and Information Law Solicitor with

Birmingham City Council (BCC). I was the Convener for the Information Law Special Interest

Group (SIG) as it was then known.

I have been instrumental in reviving the West Midlands Information Group, which BCC will

lead, and I am currently the Group Leader. I will chair our next meeting, which will be held

in July.

I have gained over 10 years’ experience in Information and Privacy Law in local government

practice. In my current role I advise on a wide range of Information and Privacy matters,

including drafting and negotiating Data Processing Agreements, Data Sharing Agreements

and Privacy Notices and undertaking Due Diligence checks to ensure Data Protection

Compliance. I also advise senior Council officers on complex and highly sensitive requests

made to the Council under Freedom of Information and Data Protection legislation and

Environmental Information Regulations. In addition I sit on the Council internal review

panels in respect of appeals made against Council decisions to withhold information, liaise

with the Information Commissioner in respect of complaints, making both written and oral

representations on behalf of the Council.

Information and Privacy Law practice is perceived as a niche specialism and is often

overlooked. I would welcome the opportunity to raise awareness of current issues

pertaining to this area of law by supporting local activities and working on national

issues. There is a need to increase knowledge and awareness in this area, especially with

the forthcoming European General Data Protection Regulation. This will impose more

robust responsibilities upon organisations and will pose an even greater challenge to Local

Government, with severe sanctions for non-compliance.

I consider that I have the enthusiasm to use my skills and experience to share knowledge

and develop best practise in this area.

LLG Board Meeting 17 June 2016 Item 10: Awards Event Page 1

Item 10: Awards Event Report to LLG full board June 2016 H. McGrath

1. Introduction

1.1 The LLG Awards 2016 are to be held in the Queens Hotel, Leeds on 18th November

2016 with host Alun Cochrane. The category of awards is remaining the same as last year following and are due to be launched on 13th June 2016.

2. Sponsors

2.1 There are currently 7 sponsors with another 1 pending and the some potential for 2

more. Given all sponsors have not yet been fully confirmed the brochure launch for the Awards will necessarily be delayed with an anticipation date of 24th June 2016 to go out with the bulletin.

2.2 Despite the brochure delay the awards will still launch with category information on

13th June 2016 on the LLG website.

2.3 The following sponsors have confirmed:

Ashfords Thompson Reuters Lexis Nexis Iken VWV Sellick A&M Bacon

2.4 It is important for the board to consider that there will be regional differences in

budgets and size variations which may prohibit full sponsorship amounts.

2.5 The total cost of the event is scheduled to come in under £35K. With anticipated sponsorship monies and ticket prices on top the event should break even.

3. Timetable

3.1 The following timetable has been set for the Awards:-

LLG Board Meeting 17 June 2016 Item 10: Awards Event Page 2

Week Commencing 13th June 2016 Sponsors Confirmed 13th June 2016 Judging Panels Convened 13th June 2016 Brochure Prepared 413th June 2016 Launch of Awards 2nd September 2016 Initial Nomination Stage Deadline 5th – 21st September 2016 Judges shortlist Determination 23rd September 2016 Notification to nominations of shortlist or otherwise 23rd September 2016 Publicity of Shortlist 23rd September 2016 Ticket Sales to nominees and friends and family 7th October 2016 Second nomination submission 21st October 2016 Judges placements 24th October to 9th November 2016 Brochure production 18th November 2016 Awards Night

4. Judging Panels 4.1 Board members will be contacted soon regarding the composition of the Judging

panels. 4.2 Directors of the company are urged to encourage applications to support the

company event and ensure its success.

Helen McGrath Development Officer LLG Ltd

LLG Board Meeting 17 June 2016 Item 11: Corporate Partner renewal Page 1

CORPORATE PARTNER WELCOME

WWW.LAWINGOV.ORG.UK

LLG: Representing, Promoting and Supporting the Interests of its Members


Welcome

Thank you for becoming a corporate partner of LLG. We are delighted to welcome you

either as a valued existing corporate partner or perhaps as our partner for the first time.

This welcome is designed to provide you with the information you need on how to make

the most of your corporate partnership arrangement in order to interact effectively with

LLG. There are exciting times ahead for local government and it is with pleasure that we

welcome you into the family of local government lawyers.

Doreen Forrester-Brown President of LLG ltd

About LLG Everything you need to know about the governance and operational structure of LLG can

be found on the website at www.lawinogv.org.uk. To get you started, here are some key

links to the main pages:

About LLG: http://www.lawyersinlocalgovernment.org.uk/about

Board Members: http://lawingov-production.herokuapp.com/saas/llg-board-members

Branches: http://lawingov-production.herokuapp.com/branches

Special Activity Areas: http://lawingov-production.herokuapp.com/saas

Annual Report 2016:

https://s3.amazonaws.com/lawingov_production/uploads/document/file/792/Directors_re

port_to_LLG_AGM_2016.pdf

Benefits of Corporate Partner Status There are a number of benefits attached to being a corporate partner and the potential is

in your hands to effectively promote your firm/company and the services you provide. As

well as knowledge sharing and good practice development you now have the opportunity

to market yourself directly to our members and demonstrate your unique professional

services. Below are a list of the benefits attached to your status but if you wish to discuss

other ideas then please contact our dedicated resource; Helen McGrath at

[email protected] who will be happy to discuss these with you.

http://www.lawinogv.org.uk/

http://www.lawyersinlocalgovernment.org.uk/about

http://lawingov-production.herokuapp.com/saas/llg-board-members

http://lawingov-production.herokuapp.com/branches

http://lawingov-production.herokuapp.com/saas

https://s3.amazonaws.com/lawingov_production/uploads/document/file/792/Directors_report_to_LLG_AGM_2016.pdf

https://s3.amazonaws.com/lawingov_production/uploads/document/file/792/Directors_report_to_LLG_AGM_2016.pdf



Relationship Manager

You have a dedicated relationship manager from the Board of LLG who is

……………..Their contact details are…………. Your Relationship Manager will be

happy to assist you in relation to any aspect of your relationship with LLG including any

of the matters set out below. It is normally advantageous to meet with your relationship

manager as soon as you can as they will then be able to give immediate attention to what

you would like to get out of the Partnership.

Logo Your company’s logo will now appear on LLG bulletins and the website. You may also

use the LLG logo on your own written material and websites to identify your relationship

with LLG although as I am sure you will appreciate, this should not be used in such a way

as to imply LLG endorsement of your product or services. In order to make the practical

arrangements for this to occur, please contact the LLG office by email

[email protected] or telephone (01483) 478769.

Networking with LLG Members The key officers of LLG including the President sit on LLG’s Executive Board. There is

also a full board of LLG which includes all its directors and in addition LLG operates

through its branches and SAAs.

If you wish to discuss the Partnership, plan working together and or providing support,

then please feel free to request a meeting with either the Executive Board or your

relationship manager. The Executive Board endeavours to hold its meetings at the offices

of corporate partners in order to provide an easy opportunity for such discussions to occur,

either formally at the meeting itself or informally say over lunch. Similar arrangements

are sought for the Full Board in order that there is an opportunity for discussion between

the corporate partner and LLG directors. Corporate partners may be asked or may request

to attend either the Executive or Full Board to discuss a specific matter. We will always

look to accommodate these requests however there will be times when it is not possible.

As stated above, LLG operates locally through its branches and SAAs. The branches and

SAAs have a degree of autonomy and if you wish to attend branch/SAA meetings or

otherwise support them by the provision of, for example, meeting venues, training,

discussion opportunity etc; then please do contact the relevant branch/SAA official at the

link provided above. You may wish to discuss with the local branch/SAAs, a structured

plan for your involvement.

We can also arrange for you to play a significant part in up to 2 round table discussions per

year on issues which you can feed into with appropriate directors of LLG at a national or

branch level. If you are interested in this, please let your relationship manager know.

Likewise, if you would like a director or other member of LLG to attend one of your public



sector meetings to discuss working together, again, please let your relationship manager

know.

Participation at conferences and other LLG events As a corporate partner, you will be given priority, where possible, for trade stands at the

Annual Governance Conference and Weekend School events and for sponsoring these

events as well as the LLG Awards.

Wherever possible, corporate partners are also given priority for making

presentations/training slots at these and other LLG training events.

With respect to any of the above you do not need to take any action as you will be

approached by Ann Harlow of LLG Enterprises as to whether and how you would like to

participate in these LLG activities at the relevant time. However you are of course free to

keep your relationship manager and/or Ann Harlow informed of your desire to participate

as described above at any time. Ann can be contacted at [email protected]

Targeted Marketing As a corporate partner, you have specified access to the LLG Membership through LLG

for the purposes of targeted marketing. If you wish to take advantage of this, please contact

the LLG office. As I am sure you will appreciate, LLG must reserve the right to exercise

discretion over any requests but it will do all it can to assist you in reaching the LLG

Membership whenever appropriate.

Access to the LLG Website Two members of your firm/company will be given full access to the LLG website and will

be able to contribute to discussions on the Forum (although this is not to be used for

advertising or self-promotion). You may however submit articles and other material

providing information to be included on the LLG website.

For arrangements for accessing the website please contact the LLG office at

[email protected]

To discuss articles and information sharing together with contributions to the LLG

Competency Framework please contact Helen McGrath at

[email protected].

LLG Weekly Bulletin You are entitled to receive the LLG Weekly Bulletin which is circulated to its members

every Friday. The two members of your company who have access to the website will also

receive the weekly bulletin. Historical bulletins are published within the document section

of the LLG website and are available for your perusal.

International Relations & Stakeholder Engagement LLG is interested in developing international contacts with similar representational bodies

in other countries. This is particularly so where the EU and Commonwealth are concerned.

LLG will be willing to share any international contacts it has with you and maybe willing





to join in with activity focused on international relations in the field of local government.

LLG also has strong links with other representational bodies within the UK relevant to the

local government world. If you are interested in finding out more or discussing the way in

which you can play a part in forging links, please contact your relationship manager.

Feedback LLG wants to ensure that your Corporate Partner Status is working for you. If you have

any feedback then please do not hesitate to contact your Relationship Manager,

Development Officer or Membership Office.

LLG looks forward to working with you in the dynamic ventures ahead!

LLG ltd

Tel: 01483 478769

Fax: 01483 478774

Email: [email protected]

Web: http://www.lawingov.org.uk

Lawyers in Local Government is a limited company registered in England and Wales.

Registered number: 8379439. Registered office:

Suite 2, Sanford House, Medwin Walk, Horsham, West Sussex, RH12 1AG


http://www.lawingov.org.uk/

LLG Board Meeting 17 June 2016 Item 11: Corporate Partner Renewal Page 6

CORPORATE PARTNERS CONTACT SPREADSHEET 2016 / 2017

Updated 06/06/2016

Company Contact Email Relationship Manager Email

RENEWED FOR 2016

Anthony Collins Mark Cook [email protected] Tim Briton [email protected]

Brown Jacobson Richard Barlow [email protected] Phillip Horsfield [email protected]

Eversheds Huw Rolant Jones [email protected]> Rachel McKoy [email protected]

IKEN Tanya Corsie [email protected] Stephen Taylor [email protected]

Thomson Reuters Des Brady [email protected] Bev Cullen

[email protected]

Veale Wasborough Vizards Kirsty Beard

[email protected]

Philip Thomson

[email protected]

Weightmans Simon Goacher [email protected] Gareth Owens [email protected]

TO BE CONFIRMED

Bevan Brittan Bethan Evans [email protected] David Carter [email protected]

DAC Beachcroft Ros Ashcroft [email protected] Ian Anderson [email protected]

NOT RENEWED IN 2016

Gowling WLG Mark Greenburgh [email protected] Doreen Forrester- Brown

[email protected]

Walker Morris David Kilduff

[email protected]

Stephen Turner

[email protected]

Geldards TBC [email protected] Mark Hynes [email protected]















LLG Board Meeting 17 June 2016 Item 12: Governance Review Page 1

Item 12: Governance Review Report to LLG full board June 2016 H. Mcgrath

Executive Board 13 May 2016

Published to Board Members 31st May 2016

Board Meeting 17 June 2016

Decision Board

Classification Open

1. Background

1.1 LLG’s governance arrangements were introduced in April 2013 and derived from the

merger of the Association of Council Secretaries and Solicitors (ACSeS) and Solicitors in Local Government (SLG). LLG’s primary purpose is to represent, promote and support the interests of its members made up of local government legal or governance officers working within Local Authorities including but not limited to Monitoring Officers and their deputies, solicitors, barristers, legal executives, licensed conveyancers, and trainees.

1.2 The current governance arrangements have been successful in delivering a number of important benefits for our members such as;

Corporate Partners

Awards Ceremony

Vision and Strategy

Communications Policy

Mentoring Scheme

Appointment of a Development Officer

1.3 LLG is made up of a group of volunteers who are committed to supporting its members made up of local government lawyers to achieve our vision ‘to become the national voice on local government law and governance and to support and promote legal and governance officers working in local government.

1.4 LLG has made significant progress in delivering on our vision, however there are areas where our progress has been slow. These areas include; the development of the SAA roles; the relationship between the SAA national and local needs; lobbying and responding to consultations. If LLG are to position itself as the national voice

for local government law and governance, we must review our governance arrangements to ensure they are fit for purpose, agile and responsive to deliver our vision.


2. Executive Recommendations 2.1 The executive, having considered carefully the existing governance structure

arrangements concluded that model 2 will more appropriately address the key changes required in the structure of the company to effectively bring about the changes required with speed in order to focus on the key objectives of LLG as set out in this report. Whilst Model 1 was debated at length and some merit acknowledged in further reducing board numbers to expedient decision making; the executive acknowledged and credited the branch representation at board level and indeed the important grass root and membership focused activity conducted in the regions which then linked back nationally.

2.2 The executive felt strongly that if the current structure was maintained, the

progress required to move the company forward and in particular the focus required on SAA leads to be the driving force in respect of lobbying; together with being an authoritative voice in their specialist area would not be achieved.

2.3 It is for the above reasons and in pursuit of the 5 objectives (set out below) together with clarity about who makes decisions that the executive board recommends adoption of Model 2 as the new structure for LLG.

ii. Efficiency in the decision making processes iii. Terms of reference for the Executive Board iv. Openness and Transparency in decision making v. Consultation and engagement where appropriate

2.4 The adoption of Model 2 will increase slightly the administration requirements in

respect of organising and setting up SAA meetings however this will likely be offset by the reduction in SAA Board attendance, given attendance will now only be required twice a year instead of 4 times a year.

3. Full Board Decisions and Recommendations 3.1 The Board resolves to undertake one of the following structure options;

a. Adoption of model 1 as set out in Appendix 1

b. Adoption of model 2 as set out in Appendix 1

c. No changes to board structure

3.2 That the board adopts the forward plan and task list as set out in Appendix 2

3.3 That branch reports and SAA reports be produced on the standard template and

published to the full membership (save for confidential reasons relating to personal

or business information).


3.4 That the process for appointment of DVP be reviewed and proposals brought

before the next full board meeting.

4. Feedback from LLG Members

4.1 Philip Thomson held a plenary session followed by two breakout sessions on day

one of the WES entitled; ‘The Future of the Local Government Legal Department’.

The two breakout sessions were well attended from a cross representation of the

membership and engagement was high. A number of themes were obtained from

the membership in respect of what work LLG should be undertaking which

included;

Active engagement and representation with the SRA in relation to the

restrictions on practice and their interpretation of Rule 4.

A focus on access to justice and representation of disenfranchised groups to make a difference to those with no access to legal services.

Good practice toolkits; business cases and a point of contact on ABS Shared Services / partnerships whereby LLG facilitates contact.

A strong focus on lobbying with LLG taking a proactive lobbying role.

Increased LLG partnership working with key organisations including central government.

The membership felt that LLG should actively encourage the membership to provide training contracts and succession plan.

A cultural change within LLG to stop referring to the membership as solicitors and be truly all encompassing. LLG could look to partner more effectively with other qualified groups (Bar council etc).

4.2 The sessions were well attended and had a good cross section of membership. LLG

needs to reflect on the feedback and re-evaluate its priorities in order to demonstrate credibility and value to the membership. The governance review presents an excellent opportunity to undertake this.


5. Introduction

5.1 With the governance structure from 2013 now established and with a clear vision

statement; now is a good moment to pause, think about whether things are working well and, if necessary, decide how they could be improved further. LLG want to ensure that its governance and decision-making processes are ever more effective and efficient. With that in mind, the first tranche of the governance review has focused on the following:

i. Clarity about who makes decisions ii. Efficiency in the decision making processes iii. Terms of reference for the Executive Board iv. Openness and Transparency in decision making v. Consultation and engagement where appropriate

5.2 Governance Structure & Dynamics:- A generic model for example.

5.3 The executive acknowledges that any governance review will be unique to the

organisation and will depend on factors such as the organisation’s ownership, legal

structure, regulatory environment, culture and the outcomes sought in undertaking a

review.

5.4 The executive concluded that for LLG, matters for consideration should include

determining if the governance system adds value or is a burden to the organisation;


addressing specific concerns with the current governance structure such as the number

of board directors; alignment of the governance system with an existing or new

strategic direction (i.e. SAA role); adoption of leading practice governance in terms of

policies and procedures (documentation review); a policy document that clearly defines

the roles, responsibilities, authorities and processes of the board and senior

management; a comprehensive system of risk management, risk oversight, compliance,

and internal control; board induction to ensuring that new directors become productive

contributors to the board as quickly as possible; a policy to guide directors in writing

board papers that deliver what the board needs to know and if committees are formed

and a policy document that clearly defines the scope of each committee so that it can

work for the board.

6 Clarity about who makes decision

6.1 At present there is little or no clarity about who makes what decisions between the full

board and the executive. Increasingly the executive have been taking more strategic operation decisions but this is not entrenched within the operating system of the company and has led to a confused system where decisions have been taken twice.

6.2 The executive accepts it is not sufficient to simply state the executive will take all

strategic decisions because this may be hard to define in practice. More discussion is required to bed down which decisions should be taken by each board but as a starting point only and to encourage debate; the following split of decision making is presented to be considered by the full board.

Executive

Strategy Documents (e.g. communications; social media; marketing); branding) Vision Statement Implementation of Strategy and Vision Appointment of SAA Leads Recruitment of Staff Terms & Conditions of Schemes (e.g. MO Defence Scheme, Bursary Scheme, Mentoring Scheme) Corporate Partnership Member Renewals LLGE Business Budget Proposal Succession Planning Performance Management


Board

Policy Documents (e.g. board induction, social media, report writing, equal opportunities, mentoring scheme, bursary scheme, etc) Changes to the governance documents Honorary membership Awards Branch Operations SAA Operations Consultations Lobbying International WES/Governance content Accounts Membership engagement Horizon Scanning DVP Recommendation Presidents Lunch/SAA Lunch

7. Efficiency in the decision making processes

7.1 LLG have struggled historically to make timely decisions. Many items are deferred

and brought back at a later day. This denotes a lack of efficiency and prohibits LLG from taking proactive developments. It has also been a major criticism of third party engagement.

In order to timetable and plan decision making it is proposed by the executive that a Forward Plan and Task List is produced annually which sets out clearly the planned activities which LLG wish to undertake. Both documents should be capable of amendment and notably addition as new initiatives become apparent. These documents should compliment the business plan and strategy. The Forward Plan should also include reference to longer term decisions such as CP renewal. A draft Forward Plan and Task List is attached to this report.

7.2 The executive consider that decision making should be timely and undertaken at

the expected date unless unforeseen events make it unreasonable to do so. Such

‘events’ should be rare and the threshold for delay high. Decisions should not be

revisited or debated at subsequent meetings unless there is a serious need to do so

due to new information and/or a substantial change in circumstances. Subsequent

attendance of a director not present when the decision was taken is not in the

executive’s view, a substantial reason to revisit a decision. Such practice is not

efficient.


7.3 One particular hurdle for efficiencies in decision making is the size and composition

of the full board. Attempting to analyse each decision and provide a platform for

each Director to comment on a proposal is unworkable. Whilst delineating

executive and board decisions would assist; there would still remain a cumbersome

sized board.

7.4 In order to streamline the decision making process, two models of governance are

proposed at Appendix 1 of this report. Both models propose to remove the SAA

Leads from the Full Board and place them within their own sub-committee.

However, both models propose representation of the SAA Leads at the full board by

elected representatives from the sub-committee. In terms of the Branches, one

model proposes they stay on the board in full whilst the other adopts the SAA

Model of representation at the board.

7.5 It is accepted by the executive that any proposal to reconfigure the board will be

met with varying degrees of opposition and indeed the difficulties establishing the

board compilation in the first instance during the merger was highly contentious.

However, the board must accept that in order to effectively run the company,

changes must take place to its decision making structure.

7.6 The board needs to give consideration to the day to day decision making required

to run the company. It is apparent that with the modern demands of busy practice,

Directors are unable to commit the time they previously enjoyed to the pursuits of

LLG. Whilst it is not formally proposed at first stage, delegation of decision making

to officers who are able to undertake the work should feature in the thought

processes of all directors when considering the issues raised within this report on a

broad level. Most companies utilise a CEO or COO (Chief Operating Officer) to

undertake the day to day business of the board. Micro decision making and the

need for all members to input even on the most routine and routine matters is not

effective.

Frequency of Meetings

7.7 There are mixed views across the board as to the frequency of meetings. However, given there are no current methods by which routine decisions can necessarily be carried out, outside of the board; it is considered dangerous at this time to limit the meetings to a number less than that which is currently operating for fear of contributing to further delay and inertia in the process. This should be reviewed however once the board composition has been established and the forward plan and key tasks procedure has been embedded. Should Model 2 be adopted, it would be proposed given time constraints that a SAA sub-committee meet twice a year.


7.8 One immediate method of review in respect of meetings could be to supplement executive face to face meetings with telephone conferencing. This could be piloted for one meeting to ascertain functionality although it is not proposed that all executive meetings be conducted in this manner because there is value in face to face meetings especially so where the company is undergoing significant change and transformation in key areas.

7.9 Frequency of meetings should be revisited once the core structure and terms of

reference and decision making has been established.

8 Terms of reference for the Executive Board

8.1 Heads of Terms for the executive cannot be finalised until the board’s decision

making has been finalised. However, broadly speaking the following could be considered as a useful starting point for setting out the terms of reference for the executive board:

Heads of Terms

Composition of the Board Purpose of the Board Schedule of Matters Duration of appointment on the Board Accountability to the Full Board Standards of Conduct Exclusions from appointment Declaration of Interests Process for dealing with conflicts Gifts & Hospitality Public Activity Media Activity Responsible for (tasks) Frequency of the evaluation of its relevance and value Exec Board Members can expect Complete, accurate and timely information Method of Operation Frequency of Meetings Quorum Chair of Meetings Type of Meeting Dates Agenda Circulation & Compilation of Papers Invitations to non- members Officer attendance Voting


Information Sharing Reports Decisions Strategy and Vision

9 Openness and Transparency in decision making

9.1 In order to promote openness and transparency it has been decided that all reports to the Executive are provided as open access for the full board and sub committees (if in existence) unless the executive feel the matter is of a substantial confidential reason. Furthermore, board minutes, branch reports and SAA reports be published to the membership at large together with the Forward Plan and Task List. This will immediately provide transparency and strengthen accountability.

9.2 Following a change in historical appointment of the DVP this year by the standing of two candidates for election, the process for appointment should be reviewed and amended to secure the integrity of LLG and promote openness and inclusivity.

9.3 LLG should revise and adopt an equal opportunities policy which includes aspects of succession planning and includes a mandatory examination of such issues within all reports.

10 Consultation and engagement where appropriate

10.1 LLG needs to maximise engagement with the membership, corporate partners and interested third parties. Whilst this is driven from the executive down within strategy it is the Branch Representatives and SAA Leads who need to implement and promote such engagement.

10.2 Once the main governance aspects have been addressed, the Board should give

consideration to standardising report templates to provide an evaluation of consultation and engagement requirements within each matter. The Membership Questionnaire will provide a useful mechanism for members to feedback their expectations in order to derive a coherent policy.


Appendix 1

Model 1 – Company Structure

Executive Board (7) (4x Meetings per year) President Vice President Deputy Vice President Immediate Past President Treasurer Chair of LLGE Co-opted DO Full Board (15) (4x Meetings per year) Executive Board Past President 3 Branch Representatives elected from the Regions Sub Committee 2 SAA Leads elected from the SAA Sub Committee 1 SAA Junior Lawyer elected from the SAA Sub Committee LLGE Business Manager SAA Practice & Knowledge Sub Committee (11) (2x Meetings per year) All SAA Leads (2x Junior Reps) Branch Sub Committee (11) (2x Meetings per year) All Branch Representatives

Full Board Branch Sub Board

ExecutiveSAA Sub Board (Policy, Practice & Knowledge)

LLG


Model 2 – Company Structure

Executive Board (7) (4x meetings per year) President Vice President Deputy Vice President Immediate Past President Treasurer Chair of LLGE Co-opted DO Full Board (25) (4x Meetings per year) Executive Board Past President All Branch Representatives 2 SAA Leads elected from the SAA Sub Committee LLGE Business Manager SAA Practice & Knowledge Sub Committee (11) (2x Meetings per year) All SAA Leads (2x Junior Reps)

Executive Board

SAA Sub Board

(Practice, Policy & Knowledge)

Full Board

LLG Board Meeting 17 June 2016 Item 15: Confidential Page 1

Item 15: Confidential

A trust update will be provided verbally.