Agenda item

To receive a report which provides an introduction to the Council’s legal service, giving an overview of its work and operation.

Councillor McLennan, Deputy Leader and Lead Member for Resources and Debra Norman, Director of Legal, HR, Audit and Investigations introduced a report providing an introduction to the Council’s legal service, giving an overview of its work and operation and its role in the Council’s governance.

The Committee was then invited to raise questions on the update provided, which focussed on a number of key areas as highlighted below:

·                In response to a question regarding the overall time spent on legal work, it was noted that much of the work related to the Regeneration and Environment department was linked to prosecutions, property leases, leasehold acquisition and contracts. For work related to the Children and Young People department, most of the work related to care proceedings which had seen an increase in demand during the pandemic.

·                Regarding outsourcing, it was noted that the Council was focused on building its in-house advocacy skills. However some work, such as specialist cases, were best suited to external services. It was noted that the Council provided legal services to i4B Holdings Ltd and was paid for these services.

·                It was noted that any insourcing that occurred had a positive impact on the budgets of other departments, as those departments would make savings by not having to use external services. This had an overall positive impact on the corporate position. Client satisfaction was regularly monitored and such feedback had been largely positive.

·                It was noted that the Constitutional Working Group (CWG) was an informal, cross-party member/officer group which met to discuss any changes to the Constitution, whether that be in response to legislation or organisational need, before being presented to Council. Whilst the CWG comprised of a select few members/officers as agreed by the Leader of the Council and the Chief Executive, other members were afforded the opportunity to comment on any potential changes at Full Council.

·                In response to a question regarding the emergency powers brought in during the pandemic, it was noted that the Constitution gave the Chief Executive the power to make decisions in the case of an emergency, which was utilised, logged and reported to the Audit & Standards Advisory Committee, Scrutiny Committees and Full Council. Additional temporary delegated powers were also given to the Chief Executive during the pandemic to ensure online committee meetings could be held, as agreed by Full Council.

·                It was noted that debt defended related to the legal work undertaken to recover monies owed to the Council. Staffing levels for this area were matched to demand and, as such, some vacancies were maintained during the pandemic. These vacancies would not be filled unless there was sufficient demand and, if there was additional need on a temporary basis only, staff would be recruited on an agency basis.

It was RESOLVED:

(1)     That the following areas for improvement be noted:

             (i).          To make a central database to record all constitutional changes made in recent years available to the public.

            (ii).          To increase democratic overview and transparency within the Constitutional Working Group, ensuring member involvement in decision-making.

(2)     The Committee made the following information requests:

             (i).             To provide details of decisions taken under emergency powers and temporary delegated powers agreed during the pandemic.

            (ii).             To provide details on the savings incurred across the Council by insourcing legal services.