NWLC magazine Autumn 2020

quarterlyconsortium Issue #02 Autumn 2020



Welcome to our second issue issue #02 We‘ve received lots of really positive about the challenges facing a colleague from feedback about the look and feel and our member organisation, Transport for the content of our first one, so thanks to Greater Manchester and how she relaxes in everyone for that. The challenge for us now the spare time she has. is to keep the content interesting and varied! Our Trainee Board members share their I hope that you’ve all taken a well-earned personal experiences of working from rest from work over the summer months, home which looks set to continue in the albeit that I’m sure many have cancelled coming months. And there’s a related photo holidays, to experience the joys of a competition for trainees and NQs; don’t staycation. As an avid fan of Liverpool FC miss that one! We also have our first update (and season ticket holder), I had to endure (what will be a regular feature) from LLG. It’s watching the conclusion of our victorious good to have input from an organisation that season on TV. I still haven’t got over the pain works hard, largely behind the scenes, to of not being at Anfield in person to watch represent, promote and support the interests the Reds lift the Premiership trophy after all of local government legal and governance these years of dreaming of the moment. officers working within a local authority. As we publish this second edition, we Over the past few weeks we’ve brought you a should have been getting together at Aintree range of webinars to fill the training gap that Racecourse for our 11th Annual Training was created since Covid prevented our face- Event. So, as you read on, try to imagine to-face training programme from continuing. yourself there, with colleagues and friends Lots of you have taken the opportunity to old and new. Stunning views across the register and attend these live events, with racecourse itself, with stimulating speakers, positive feedback about the ease of attending a fabulous range of exhibitors (all those as well as the content provided. Don’t forget freebies!) and a chance to win a prize in the that all of our webinars are recorded and raffle in aid of our nominated charity, the can be viewed after the event. The links North West Air Ambulance. to individual recordings can be found in the secure area of the website under the In this issue, we’ve tried to bring you a Publications tab – Webinars/Podcasts. flavour of the things that might have been on offer at Aintree had things gone ahead. We have just launched our Annual Training Programme 2020/21 and there is a full We have an article from Stockport Homes; programme included in this issue. Check one of our member organisations, who out what’s on offer, starting this month and earlier this year were recognised as the UK’s running through to June next year. We’re Best Not For Profit Organisation to Work planning to deliver the training by webinar For. Helen McHale, their Chief Executive, for the foreseeable future but will keep this gives us her insight into her belief that there under review once restrictions allow us to is one critical component which underpins offer face-to-face training again. all other factors in making an organisation successful; encouraging employees to give Finally, being optimists here on the their best, to be the best and so be in a Management Board, we’ve already booked position to provide the best possible service. Aintree for next year’s Annual Training Event and I look forward to seeing you all We’ve also got articles, updates and tips from then if not before. Cheers, our Partner Firms, as well as an introduction to the Partner Firm leads, learning a bit David McCullough, Chair NWLC about what makes them tick. We also hear Management Board pages 1&2

New Waste Management p5 Preparing for the expiry p13 What Makes a p21 Plan for England of your PFI contract Successful Organisation? The implications of the new plan Make sure it all goes smoothly Helen McHale shares her secrets Policy Changes as p7 NWLC Training 20/21 p17 At a Glance p25 Pedal Power Pushes On Choose your events from the NWLC Short and sweet legal tips from our Latest local authority highway cases training plan for the coming year partner firms Local Authorities Face p11 In Profile p19 Perspective, confidence p27 Loss of Planning Control Meet Jacqueline Elliot from and fresh ideas Thanks to revised planning laws Transport for Greater Manchester From our Trainee Board members

contents No Place Like Home p29 Flexible working, or p35 Working from home tips, courtesy of ‘What do I do with those suits?’ our Trainee Board members From David Williams at Geldards Consortium Added Value p31 Partner Firms: p37 More on the added value services offered by our partner firms Meet The Team Innovative Thinking p33 Meet the people behind the suits For Health Emergencies The Latest From LLG p41 The inspiring Trinity Challenge project With Helen McGrath, Head of Public Affairs at LLG pages 3&4

A new waste management plan for England Geldards take a look at the new waste management plan that is currently being consulted upon, and its implications for local authorities.

The UK Government is consulting Waste services on a new waste management plan The plan notes that treating waste as for England. Local authorities need a resource has led to complexities to be aware of the plan, as they must in waste management services and consider it and the national planning that these are exacerbated by the policy for waste when deciding variation in waste services across whether to grant or refuse waste England. planning applications and when producing waste local waste plans. Extended producer responsibility The plan addresses a number of The Government considers extended subjects: producer responsibility to be crucial to moving waste up the hierarchy The waste hierarchy and stimulating growth in secondary The plan acknowledges that the UK’s materials markets. waste hierarchy, with its priority of prevention of waste, followed Waste planning by preparing waste for reuse, then If reforms proposed in the recycling and recovery, has driven Government’s White Paper on some progress but identifies a need planning reforms are taken forward, to focus not only on managing they would mean consequential waste but also on the resources that changes to the National Planning become waste. Policy Framework and to the National Planning Policy for Waste. Waste regulation The plan recognises the need for Additional infrastructure regulation and its enforcement to The plan notes that the National be proportionate but says that it is Infrastructure Commission important for it to be appropriate to published its first National the risks and targeted towards those Infrastructure Assessment in July with poor standards of compliance 2018, which set out its assessment or who cause nuisance or harm and of the UK’s long-term infrastructure those who deliberately flout the law. needs, including resources and waste. The Government will Waste arisings respond to the recommendations in The plan reports that data on waste that assessment through a National has radically improved through Infrastructure Strategy. the creation of Waste DataFlow and says that the Resources and Waste Littering, new collection schemes, Strategy sets out plans for achieving technology and the future a similar change to produce data The plan also covers measures on resource inputs, stocks and to combat all forms of littering flows, and expand knowledge of and to clean up all types of commercial, industrial, construction litter, assessment of the need and demolition wastes. for new collection schemes and infrastructure and the closure of Resources and waste waste infrastructure, technologies The plan notes the strict controls on for managing residual waste, and import and export of waste but also evaluation of the development of says that waste producers have an waste streams in the future. important role to play in ensuring the waste that they produce or collect is The consultation will close on treated in a responsible manner and 15 October 2020. A copy of the that the risk of subsequent illegal consultation document can be export is minimised. accessed here. pages 5&6

Policy changes as pedal power pushes on DAC Beachcroft round up some of their latest local authority highway cases, examining the impact and implications. Whilst many of us have been stuck at home were of a breach of s41, in that the highway in lockdown, a steady stream of pedestrians, was dangerous and in disrepair due to cyclists and now even e-scooter riders have inadequate drainage, and a breach of s41a in continued to use the highways and sustain allowing ice to form on the highway. The Co- injuries in doing so. This e-briefing provides Defendant, a house-builder in the process of a rundown of some recent local authority developing a site close to the accident locus, highway cases handled by DACB and denied liability. strategic considerations that arose. We have also considered the impact of the change in The Highway Authority was able to provide law to allow rental e-scooters on the roads an exchange of emails and photographs and what this might mean for highway teams. spanning 5 months, showing the housing development as it progressed. The house- Disclosure Drives Discontinuance builder was attempting to dispute the time- This is a case which shows the benefit of line of events and that it was the source of the meticulous record keeping. The Claimant water discharging onto the highway so the slipped and fell on ice which formed historical documents and photographs were following saturation of water on part of the of real significance in ensuring that we were highway, which then froze. DACB acted able to mount a robust defence to this claim. for the Highway Authority. The allegations The Highway Authority had taken a pro-

active approach to the issues with the also produced tracking data, which could be house-builder, and it was able to produce plotted on a map to show the locations being photographs tracing the water back to the treated, vehicle speed and rate of spread. development. All too often, photographs simply haven’t been taken, or even if they In the face of this, the claim against the have been, the images have not been saved Highway Authority was discontinued or they cannot be found. following disclosure and before an exchange of witness statements was necessary. In respect of the allegation of a breach of s41A, full disclosure was again key. The Learning points: evidence here is becoming increasingly This level of detail, when produced in sophisticated and in addition to detailed documentary form, is incredibly difficult weather forecasts, the Highway Authority to challenge and is highly persuasive. So benefited from data provided by sensors even where the Highway Authority is a and cameras placed strategically across sophisticated and experienced litigant, the the network. That all fed into the decision attention to detail required when dealing making process regarding the winter with disclosure can be key. treatment deemed appropriate on any particular day. In addition, the gritting fleet pages 7&8

Stand Your Ground electrically-assisted pedal cycles. But are they any ‘Economic’ offers are not always as cost-effective less safe than bicycles and if so, what impact does as they seem. The Claimant tripped over a sunken this have on intervention levels and carriageway paving slab on a busy high street. The slab sunk inspections? According to the Danish Transport 13mm on a slope towards a small water metre Authority, an accident on an e-scooter is 8 times more cover in the centre. The 13mm depth fell below the likely to lead to a head injury. Helmets have been Highway Authority’s (already low) intervention levels advised by the government but are not mandatory. and had not been noted as a defect on previous However, a report from the International Transport inspections. A robust stance was taken. Forum found that numbers of hospital visits following accidents are similar for e-scooter riders and cyclists. We considered whether to bring the water company in as a Part 20 Defendant but the defence was strong We are in the early days of e-scooter trials but it and this would only have created a costs risk for the would be remiss of a local authority to run a 12 Highway Authority so we stood firm, denying that month scheme without alerting or training their there was any breach of s41. highways inspectors in the additional risks. On the one hand, e-scooter riders are standing rather than Following disclosure and exchange of witness sitting and may be less experienced than their cyclist statements, the Claimant’s solicitors made a number counterparts, increasing the likelihood of an accident of very low without prejudice offers to try to tempt when travelling over a pothole. On the other hand, an economic settlement as this was a QOCS claim. e-scooter riders may keep to shorter journeys given However, the Highway Authority witnesses were that only shared rental scooters are permitted on the experienced and were fully able to explain the road and the tyres on an e-scooter are usually wider inspection policies and decision making process (around 8-16”) than your average bike (around 2-3”). during inspections, such that we felt confident going to trial. The local authority were also keen not to Even if in reality accident levels don’t exceed those settle a claim that should be fought, regardless of of cyclists, if an e-scooter claim is presented, highway additional costs. The resolve paid off when the inspectors will need to be able to explain to a court Claimant served a Notice of Discontinuance at the how they considered the potential risks to e-scooter start of the trial window. riders using a risk based approach under the updated Code of Practice. If the first time the highway inspector Learning points: is considering the impact of the road condition on the Whilst it can be tempting to consider low offers to e-scooter is after the accident has happened, this will save the cost of a trial, this local authority’s tenacity make a s58 Defence difficult to pursue. will have stood them in good stead the next time the Claimant’s solicitor considers presenting them with Section 58 Wins a weak or even borderline claim. A successful denial The Claimant tripped on a raised kerb on the can be more economic in the long run, giving the footpath and suffered an ankle injury. He alleged a local authority a robust reputation in fighting weak breach of s41 and produced photographic evidence. claims, thereby dissuading further claims and the We pleaded a s58 defence on behalf of the Council associated costs. and the claim was dismissed at trial. The Claimant appealed, claiming that the judge had erred in Electric-Scooters law when she reversed the burden of proof whilst Electric scooters became legal on roads in England, considering the Section 58 defence. The Claimant Scotland and Wales on 4 July 2020 for those aged sought to rely on the judge’s comments stating that over 16 with a full or provisional driving licence and the Claimant had failed to satisfy her on the balance if obtained through a rental scheme. They will be of probabilities that the defect was present at the time limited to travelling at 15.5mph and will be banned of the pre-accident inspection. It was also alleged on pavements. As the law changed at the start of July, that the Council’s highway inspector admitted during 50 local authorities had shown interest in running cross examination that he would have missed noting their own 12 month scheme. the defect because of the presence of weeds. The Claimant was refused permission to appeal. The The popularity of e-scooters is likely to rise, Court considered that the judge at first instance particularly as Covid has made public transport less had not misapplied the burden of proof. Whilst he desirable. They are regulated in a similar way to accepted that she used unsolicitous language, it was

clear she had not reversed the burden of proof. Further, he found that the Council’s highway inspector did not concede that the weeds were present at the time of his inspection, he was simply commenting on the proposition being put to him had there been weeds. All the judge needed to conclude was that there was a rea- sonable system of inspection, and that system was reasona- bly carried out so the judge at first instance was entitled to conclude that the section 58 defence had been made out. The Claimant sustained multiple injuries when she stepped onto a broken paving stone which caused her to fall. Breach of s41 was alleged and the Claimant produced photographs and video footage of the rocking paving stone. The pre- accident inspection took place a few days before the Claimant’s accident and the Council argued that the defect had not been present at the time. A robust s58 defence was mounted which resulted in them discontinuing her claim after the exchange of witness evidence. Learning points: Thorough records and training for highway inspectors will be key in providing a section 58 defence in most cases. A confident and experienced inspector’s evidence showing a reasonable system of inspection can be crucial in the face of a clear breach of s41. Look Both Ways! On the face of it, a pedestrian Claimant being hit by a bus in the road is not an attractive case to defend. However, this case shows the importance of investigating the detailed facts before jumping to conclusions. The Claimant stepped from a traffic island into the road to cross when she was struck by a bus. She alleged that the design, layout, signage and road markings made her think it was a dual carriageway which is why she looked left and not right before stepping out. The claim was issued against three possible Defendants, all of whom denied liability before a joint application to strike out was filed on the basis that there were no reasonable grounds for bringing the claim. There was a large sign at the central reservation stating “BUS LANE. LOOK BOTH WAYS” and the road was clear from obstruction so there was no reason not to see the bus. She also failed to wait for a green light at the pelican crossing and witnesses described her looking at her mobile phone as she stepped out. Learning points: Though the temptation is often to place the blame at the door of co-Defendants, a co-operative approach with a joint strike- out application can be a more effective tool in some cases. pages 9 & 10

Local authorities face loss of planning control Dalee Kaur, a planning specialist at Bevan Brittan, looks at how local authorities could lose control under revised planning laws. Changes to the planning system introduced swingeing changes to the entire planning from September represent an extensive system over the coming months. It may shift in control away from local authorities well be that further permitted development and the communities they represent into a reforms are on the way that will cause significantly less regulated environment. significant disruption in local authority planning departments. The revisions implemented by Government are focused on the use classes system in Major changes to permitted development England (Use Class Order 1987) through The Government has implemented a series the new Town and Country Planning of changes to permitted development rights, (Use Classes) (Amendment) (England) subject to prior approval being sought Regulations 2020. Separately, the from the local authority. These allow the Government has announced major changes demolition and rebuilding of “vacant and to the permitted development regime. redundant” office units, light industrial units and existing blocks of flats into dwellings, The main driver of change has been to without planning permission (up to a enable the repurposing of buildings on high maximum footprint of 1,000sqm and a streets and town centres. maximum height of 18m) The changes may only be the tip of the New permitted development rights will iceberg. The Government’s current White also enable the upward extension, by up Paper foreshadows the possibility of to two storeys, of existing post-war built

homes. These rights will also be extended Local authorities’ role to the creation of new homes above The Local Government Association (‘LGA’) terraces, offices and shops, without planning says it is vital that Government fully engages permission. There is a separate permitted with the expertise in local government to development right which allows for the ensure that any reforms ‘protect the rights of construction of additional storeys above communities to shape the areas they live in’. existing detached blocks of flats. The concern is that local planning Prior approval does not amount to a full authorities will lose a significant degree of planning application, but requires the local control, and may seek alternative routes to planning authority to review that the main manage changes of use. On the upside, the impacts of the development are acceptable. changes may result in increased take-up of otherwise disused units, thereby increasing There are also significant changes to the use business rates income. classes system. They include the creation of a new “Commercial, Business and But in future discussions with Government, Service” use that brackets together a wide authorities will be stressing that it is vital that variety of uses, including retail, restaurants, planning revisions are delivered through commercial premises and sports facilities. a locally-led planning system with public This means that many types of business user participation at its heart - to ensure new will be able to change the uses of properties developments are of a high standard. without seeking planning permission. pages 11 & 12

Preparing for the expiry of your PFI contract Weightmans examine the steps you should be taking to ensure that the expiry of your PFI contract goes as smoothly as possible.

In June the National Audit Office published a report into public bodies’ preparedness for the approaching wave of PFI expiry. It was swiftly followed by guidance from Local Partnerships on the same topic. These two publications have put expiry of PFI contracts firmly on the agenda for the first time. The NAO report contains some thought- provoking statistics. While few PFIs have reached expiry to date, around 50 will do so over the next 5 years and 200+ during this decade. That may seem some time away, but the NAO concluded that authorities should start planning seven years in advance. Suddenly, the end of those PFIs does not seem so distant after all. As each PFI expires something will need to replace it. So authorities must both manage the expiry process in accordance with the PFI contract terms and decide upon future arrangements for the relevant asset and services. And they must do this while continuing to undertake “business as usual” contract management; indeed as a PFI draws to a close diligent contract management may be more important than ever to ensure standards are maintained. For the public sector generally, managing the process of closing down PFI contracts over the next 15 years will be a challenge. There are 700+ extant PFI contracts, spread across 328 different authorities. 182 authorities have only one such contract. There is much more consolidation on the private-sector side – ten investors own half of the contracts. The risk of an imbalance in resource and expertise is plain to see. Careful preparation will help ensure the expiry process is positive for all parties, and realise the ambition held at the outset of these projects: that the assets are returned to the public sector in robust condition ready for many more years of useful life. So what steps should authorities be taking? pages 13 & 14

Step 1 Identify objectives and Step 3 Understand the contract: develop a timeline to expiry the wider picture Step 2 In most cases the key objectives of In order to put themselves in the best authorities are likely to be to: (a) Step 4 bargaining position, authorities should ensure the relevant asset is in the also seek to understand the wider appropriate condition on the expiry commercial picture, such as which date; (b) prevent any disruption to party holds any lifecycle funds and service provision. How these are who stands to gain from savings. The best achieved will depend upon the position of the funder is also important, specific contract and context – for as the funder’s requirements and example if the asset does not revert to oversight help keep the contractor the authority on expiry, the authority in line. But debt is always profiled will have different issues to consider. to be repaid several months before contract expiry – it will be useful for Understand the contract: the authority to know exactly when clarity and surveying that will happen. Gaining a clear understanding of the Finally, there will be ancillary contract is one of the key preparatory matters to manage - TUPE, pensions, steps an authority should take - how is documentation/records, IPR. All need expiry dealt with contractually, what careful consideration. steps need to be taken and processes followed? In most projects the asset Engage with the contractor reverts to the authority on expiry, but on a sizeable minority of PFIs that is The path to expiry will be smoother if not the case – at least not automatically. the parties are working to a common Authorities need to understand their understanding of the contract position in this regard, as this will form provisions and timeline. If there are an important component of the options deficiencies in the contract drafting, appraisal for future service provision. it may be of benefit to agree changes well in advance, or to put in place Most contracts provide for surveys an expiry protocol. Early PFIs will to be undertaken 1–2 years prior to present particular challenges as they expiry to ascertain asset condition, do not benefit from the standardised and permit the authority to make drafting that was gradually introduced retentions from the monthly by Treasury as PFI was rolled out. In unitary charge to cover the cost of some cases third parties may need to any rectification work identified. be involved. Particular issues arise in Conceptually this is a simple schools that have become academies, procedure, but thought will be given that the asset will not revert to required about how to implement it the authority but to the academy trust. in a manner that minimises the risk of dispute – use of an independent surveyor perhaps?

Step 5 Plan for the future Step 7 Assess asset condition What follows the PFI? Authorities will Step 6 need to undertake options appraisals, While the contract will provide for aStep 8 and options may include mothballing formal survey process, it will benefit the facility, taking services in-house the authority to inform itself about the or procuring a new service provider. asset condition before that process Cost implications of maintaining the begins. This will allow the authority facility into the future will need to be to raise concerns sooner and avoid considered, in the absence of a scenario in which a large number PFI credits. of costly items are identified at the very end of the contract term – a Decisions about future use may impact recipe for dispute. Authorities need upon the expiry process. If elements to be conscious of the fact that their of the asset are to be mothballed or counterparty is a special purpose repurposed, there may be no need for vehicle established specifically for the those elements to be handed back in project, which will be wound up after the condition required by the contract, expiry. As such, it is unlikely that there so the contract standards could will be any recourse for breach of be relaxed leading to cost savings. contract claims after the expiry date. Alternatively, the authority may wish to push a variation through the PFI Allocate resource and contract before it ends so that the access support facility is fit for its future purpose after expiry. Additional resource will be required to manage expiry while the authority Review current provision continues to undertake day-to-day contract administration activities. Starting to plan for expiry also In considering resource needs, presents an opportunity to review authorities should be cognisant of current operation of the contract to the potential for disputes as the finish ensure it is fit for purpose as it enters line approaches, most likely around its final years. Could any variations the condition of the asset. Authorities be introduced to better align the should access support where services to the authority’s needs? possible, from Local Partnerships, the Is the performance mechanism Infrastructure and Projects Authority, being effectively applied? Have sponsoring departments, other benchmarking exercises and authorities and external advisers. For insurance premium risk share reviews authorities with multiple PFIs, consider taken place? Is there any potential for how the knowledge gained can be a refinancing? retained for future expiry exercises.

Free NWLC training 20/21 What Contract Changes Are Permitted by Procurement Law? DAC Beachcroft (online) 9.30am - 10.30am 28.10.20 Topics include: What the relevant procurement regulations say about permitted variations/extensions to existing contracts; What the risks are if a variation/extension is not permitted; Practical tips and ways to mitigate risk. Contract Management: Introduction to the Litigation Fundamentals of Local Government DAC Beachcroft (online) 9.30am - 10.30am 04.11.20 Weightmans (online) 11.00am 01.12.20 Topics include: Practical tips for managing suppliers’ performance by using Topics include: The structure of local contractual levers; key aspects of contracts, government; Local authority powers and including implementation plans, dispute decision making; The role of officers and resolution, supplier defaults and remedies, members; Functions. contract variations and termination rights.

Rent Arrears: Options for Planning & Compulsory Electronic Landlords Purchase Orders Comms Code & Property Law Geldards (online) Bevan Brittan (online) 12.00pm - 1.00pm 13.01.21 11.00am - 12.00pm 27.01.21 Geldards (online) 11.00am - 12pm Topics include: Commercial Rent Arrears Topics include: Changes to use classes Recovery; Debt claims; Statutory Demands; and development rights; other proposed 03.02.21 Recovery from third parties; Forfeiture changes to the planning system (including of commercial property; Residential the standard method for assessing need Topics include: Electronic possession claims based on rent arrears. and the small sites threshold); and the Communications Code; summer’s Planning White Paper. Recent developments in property law. Information Governance: Construction & Regeneration Data & FOI Engineering: NEC Update contracting Geldards (online) Geldards (online) 11.00am - 12pm 24.02.21 Bevan Brittan (online) 11.00am - 12.00pm Topics include: Data sharing by local 11.00am - 12.00pm 02.03.21 authorities; Freedom of Information; 24.03.21 Decisions of note. Topics include: Structure of the NEC Contract Topics include: Legal and (Contract Data, the Sections, Optional clauses, practical issues affecting the “Works Information”); the role of the Project regeneration schemes Manager; Managing risk; Programme and cost – Compensation Event mechanism; Com- pletion/Take Over/early use.; Defects regime. pages 17 & 18

Jacqueline Elliot Legal Services Manager Transport for Greater Manchester

in profile What’s your current role and how long have you held it? I am the Legal Services Manager at Transport for Great Manchester, a role which I have held for just over 3 years. I moved into the public sector 24 years ago and have spent 18 of those years in public passenger transport. What does your role currently involve? TfGM has a wide public passenger transport remit. As well as owning the Metrolink system (for which operation is contracted to Keolis Amey), TfGM provides transport infrastructure (e.g. interchanges and shelters) ticketing (including contactless), concessionary travel, travel information and service subsidy. TfGM manages the Traffic Signals across GM and leads on the delivery of GM wide projects such as the Clean Air Plan, Bus Reform and Bee Network. As well providing legal support in areas such as transport regulation, property and commercial I also manage a great team of lawyers providing legal support across the range of TfGM functions and activities. GM has an ambitious Mayor, intent on doing the very best for his constituents. Improvements in walking, cycling and public transport are certainly some of his top priorities, so the brief from the Mayor can be very comprehensive. What are the biggest challenges you currently face? As with many other organisations, the Covid 19 lockdown has presented many challenges. From actively promoting travel by public transport, we found ourselves in the unique position of discouraging such travel unless it was essential. This created a huge call for legal support to advise on govern- ment guidance, on how we could support operators, essential workers and other suppliers but also trying to keep the organisation running as close to business as usual where possible. The legal team had already set itself up with the necessary equipment and technology to work remotely, as they had been actively encouraged to work from home 1 day a week. Therefore, the transition to full time home working did not create any significant problems. We overcame the issue with the execution of documents by procuring an online electronic signature and sealing service. As a team, I think we get to- gether more now, albeit through video conferencing, than we ever did whilst working in the office. We try to keep time aside at our team video conference huddles for some social interaction, as we do all miss the office banter. How do you relax? I love nothing more than being outside with my dog, Foggy, on a long walk. Regardless of the weather, I find walking helps me to switch off from the working environment and enjoy the nature around me. pages 19 & 20

What makes a successful organisation? Shared vision and earning the workforce’s trust win the day, as Stockport Homes picks up prestigious awards. CEO Helen McHale looks back at the journey so far.

It’s an enduring question in the world recognition we have received – the of business and commerce. Is it Sunday Times Best Not for Profit about product? Location? Or simply Organisation, Investors in People the nimble ability to identify a niche Platinum, Landlord of the Year, to in the marketplace? Doubtless, all name but a few. At SHG everyone these facets provide vital blocks in ‘owns’ its reputation and the way the mosaic of a thriving organisation. they engage with the company. It means together - from CEO through But as CEO of the Stockport Homes to managers and team members, we Group (SHG), I’ve always believed shape what we offer. one critical component underpins all other factors: that’s encouraging As CEO there must – inevitably – be employees to give their best, to be an element of leading from the front, the best and to therefore be in a of being visible and approachable position to provide the best possible but the whole team is critical. service. The effects, I believe, can be Delivering initiatives such as flexible truly transformative. working means our company, not only acknowledges but, embraces It doesn’t matter how disparate the the idea that everyone is an arms of your company if everyone individual. operates under such a shared ethos, the benefits are incalculable. It’s why our mission statement is “One Team Transforming Lives”. A Certainly, at SHG we are a diverse simple statement which endures as business - essentially an umbrella a reminder to all at SHG that we are organisation for four strands. shareholders in making a difference to the future of those who depend • Stockport Homes Limited: an arm’s and rely on the services we provide. length management organisation, now in its 15th year, which manages So far, so noble, you might think. On 11,500 properties on behalf of paper, it sounds almost utopian. But, Stockport Council and 800 in our how does an organisation achieve own right. such a cohesive and forward- thinking strategy? • Viaduct Partnerships Limited: our development arm, meeting the It requires, of course, vision, growing demand for all types of imagination, long term commitment new housing in Stockport. and understanding. At SHG, we have embedded this through what • Three Sixty: our trading company, we call the People & Organisational delivering our capital works Development (P&OD) strategy. programme and commercially selling construction services. P&OD focuses on supporting our team members to ‘be the best • Foundations Stockport Limited: they can be’ whilst simultaneously our newest Group company, and fulfilling our mission of “One Team the Charitable arm of SHG. Transforming Lives”. The aim was – and remains – to recruit, develop Even though we employ 670 people and retain the best people, deliver and deliver services to more than excellent services, become more 30,000 customers, as an evolving commercially-focused, and be an group of companies, we consolidate employer of choice, not just within our brand by striving collaboratively. Housing but across all sectors. I’m delighted to say taking this approach has been reflected in our performance and in the pages 21 & 22

But how do we achieve this? a one- to-one basis to dig deeper and seek The strategy is based on our ASPIRE values: solutions. This then forms the basis for what we call ‘Engagement Action Plans’ which can namely Ambition, Social Responsibility, be implemented by the team manager. Passion, Innovation, Respect, and Excellence. To attract and induct the right people It’s hard not to over emphasise the in order to develop a highly engaged instrumental role of Grow Conversations workforce; enrich team members’ wellbeing since they have been the genesis for by focusing on physical, psychological and initiatives to improve the way we work. Not social elements; reward and recognise least the Staff Voice group for our remote those who go the extra mile by promoting workforce in Repair 1st and Caretaking (with a culture of autonomy, creativity and links to the organisational group). Or ‘Talk innovation; encourage collaborative working to Me Time’ sessions - where team members to enhance performance; and use their talent can have dedicated time to talk with Heads to the best of their abilities. of Service or Directors about concerns or aspirations. And our ‘Progression Pathway’ - Critically, the P&OD plan isn’t just shuttered which aims to stretch and retain talent. away; a prosaic document of principal left to gather dust on a shelf. It’s a working I’ve been delighted to see how the benefits document, operating in real time, with of such initiatives have played out across updates presented to the Leadership Team the company. For example, an average once a quarter. staff retention rate of 89%, a reduction in average sickness absence which compares Collaboration is an enduring theme – and favourably to other similar organisations, a we do this across SHG through business rise in employee headcount to 670, and a partnering initiatives to update and consult 98% satisfaction with Stockport Homes as a with senior managers, people managers and landlord, a growth in our turnover and asset team members. Regular meetings are held base, which has grown from £15 million to to feedback on progress and shape our offer £84 million over the last 5 years. Ensuring going forward with leadership forums, twice that we constantly deliver excellent services yearly managers conferences, our annual to customers remains as always, at the staff conference and our monthly ‘Staff Voice’ heart of everything that we do. Our recent group meetings. engagement survey showed that staff had high engagement levels, and demonstrated Take the example of the Directorate positive feedback for management, Management Seminars. Principally, this is leadership, values and principles. a forum where managers can explain and reflect upon the approaches they take – and Indeed, there is so much to be proud of it`s be praised and constructively challenged. hard to highlight every facet. But worthy The net outcome is a commitment to of special mention is our Values Charter & continuously improve and share good Conversations - whereby each team has a practice. All which feeds into the plan. self-designed bespoke charter outlining how they support the organisation’s mission. We So, does it all run smoothly? use the ’Fierce’ model in our approach to Well, following feedback from our Best encouraging open and honest conversations, Companies survey and Investors in People which contribute to the culture across the Platinum assessment, we have been able group. to identify teams who are experiencing difficulties or, in management speak, pockets And if this all sounds freighted in procedure of disengagement. – then simply substitute protocol for people. You can feel it as you walk around our We then hold ‘Grow Conversations’ with each building, when you engage with any of team member – a confidential exchange on our staff which is why our ASPIRE’ days

to reward and recognise achievement are Xtra, which is our fund for social/charitable fuelled by food and fun themes such as the events, which staff financially contribute to; World Cup and Wimbledon. and our commitment to Health & Wellbeing (Active Listeners Group, Health Cash Plan & Essentially, we want people to love how, Charity of Choice activities). where and the way they work. That’s why we have our ‘Facilitators Pathway’: up skilling Of course, we’re still on a learning curve – team members to deliver Learning and but that energises our ambition. We always Development workshops organisation-wide, want to be better. (which has resulted in an efficiency of £20K per annum compared to paying externally). Keeping people up-to-date with strong We’re conscious of personal fulfilment and internal communications including weekly development (ensuring teams working bulletins (daily during the Covid-19 remotely don’t feel alienated). pandemic) has created unprecedented connectivity between the people who make We have invested in a new ‘greener’, up SHG. modern and efficient headquarters, a town centre hub of creativity and innovation for It is they who make us a high performing colleagues and customers which symbolises organisation for our customers. If success is and stands for our whole approach and partly measured in being the best company identity, we deliver the very best cutting- to work for, then though we have achieved edge facilities for our people, customers and this, we can only maintain it through constant visitors. We have a wide-ranging benefits work, refresh and commitment. We always package including an individual birthdays want to do more, learn more, be more, and recognition scheme, ASPIRE (instant) achieve more – the future is full of opportuni- Rewards, annual ASPIRE Awards & ASPIRE ties and we intend to maximise them.

Using compulsory purchasing Outdoor Playgrounds and Covid-19: The< powers and the planning owners/occupiers of outdoor playgrounds could < 02 potentially face a liability in respect of Covid-19 system to deliver regeneration claims if they were found to be in breach of their and income: Local Authorities are making greater use of CPO duties under s.2 Occupiers’ Liability Act 1957. Simply stated, the Act requires occupiers to take powers to deliver services, reasonable steps to ensure that visitors to the facilitate regeneration projects, premises are reasonably safe. Read more here. control land and secure income 01 streams. The Government is actively encouraging the use of these powers and has introduced reforms to speed up the process. Delegation of Functions to Council < 03 companies: Many local authorities have established separate companies/ entities. It must be remembered that it is not possible to delegate functions to a body, even one wholly owned and controlled by a local authority, without there being specific enabling legislation, an order under the De- regulation and Contracting Out Act, or joint/seconded employees who can be authorised to take Council decisions (mindful of rules on conflicts, predetermination and bias).

Local lockdown powers: Any local authority that decides to exercise powers to introduce local lockdown measures to respond to a serious and imminent threat to public health caused by the coronavirus must review at least every seven days whether the conditions for introducing such measures still apply. <04 Decision Making in a Pandemic: The pandemic has created an 05 > even more difficult environment for authorities to make informed decisions. How much latitude will bodies be given due to “unprecedented circumstances”? Some clues may be given by the decision on challenges to secondary legislation by the Secretary of State for Education in relaxing rules on special educational needs and the regulatory protections for looked after children. Both were challenged on the grounds that there had not been proper consultation. In R. (on the application of Shaw) v Secretary of State for Education [2020] EWHC 2216 (Admin) and R. (on the application of Article 39) v Secretary of State for Education [2020] EWHC 2184 (Admin). Both claims were refused. The Article 39 case is the subject of an appeal to the Court of Appeal. The judge said, “these were not normal times and the sector was facing an unprecedented crisis…The Defendant had to make very quick decisions to protect those children.” This doesn’t mean that rules of good decision making can be thrown out the window, but does suggest that latitude may be given for the exceptional challenges faced. At a Glance In brief: legal tips from our partner firms

Perspective, confidence and fresh ideas

Following on from our article in CQ For more information on how to trainee update Summer 2020, as promised, we have update the directory or join the approached NWLC trainees and our Facebook page contact Sian or 4 NWLC Partner firms. Here is some Harriet directly. feedback and an update on the steps we have taken so far: 3. Most trainees were also interested in attending social 1. Many of our trainees are events with other NWLC trainees, nearing qualification. and possibly trainees from our Having discussed this further we partner firms. identify there is a need for support We have met with representatives for newly qualified solicitors (NQs) from DAC Beachcroft and Geldards in the same way there is for trainees who have both indicated their and as such we would like to open trainees would be interested in our network up to include trainees networking with trainees within and NQs. the NWLC. As physical events are obviously limited at this time we 2. Most trainees were interested will be giving this some thought in a trainee network to support about how we can best achieve this fellow public sector trainees. remotely for the time being. We have been liaising with Destin who maintain the NWLC website If you know of any other trainee and added a category of ‘Trainee/ solicitors or Legal Executives within NQ’ within the profile area in the your organisation who have not website directory. The idea being been contacted by us, but would that trainees can easily search and be interested in being a part of the locate trainees in other organisations trainee network and events please as and when they might need to contact either: call upon each other for help and [email protected]; or support. We have also created a [email protected] Facebook group attached to the NWLC page which people can join if they wish. It is hoped that this could be a quicker way of reaching out to the NWLC trainee community. WFH Photo Challenge Win a £25 Amazon voucher As we are now spending so long in our makeshift home offices, we think it’s time for a working from home photo challenge. Open to trainee solicitors, trainee Legal Executives and newly qualified solicitors (up to 18 months qualified). When sending a photo please confirm you are content for its use in a future CQ edition. Entries to [email protected] or [email protected] Entry deadline - 30th Nov 2020 Let’s see them! pages 27 & 28

No Place Like Home Sian and Harriet share working from home tips, and give an insight into their WFH experience as a trainee – how has it been for you? 1. Find Space 2. Talk to Colleagues 3. Plan your Time It may seem obvious, but a good At the beginning of lockdown Everyone has their own routine, home set up will ensure that you I was worried about hassling but I have found a vital part of are able to focus throughout the colleagues by phone or arranging keeping sane during extended day. A space that is quiet, bright, Teams meetings. But as time has periods of working from home is and close to a caffeine source is gone on, I have found that calling planning your day as if you were advisable and it is good to try and even with a quick question has still in the office. Making sure that keep it tidy. I have found it really been really useful and kept me you have a fixed lunch time away important to ensure that once I connected in a way that an email from your screen and a finishing have finished for the day I pack up does not. I would also encourage time that you try your best to so I am not tempted by a 10pm log participation in virtual Team stick to. I am not telling you to put on just to send that quick email… meetings, people appreciate a so- on a suit at home but a morning cial connection during the work- routine such a shower and a fresh day. I have also learned that if pair of leggings never goes a miss! people are busy, they will tell you and are often willing to rearrange. Make sure you take them up on it!

“For me there have “The Pandemic has trainee update been benefits, I can use brought many challenges the time I would have spent for trainees. Working from stuck in traffic going for a run, or making something home makes it harder nice for tea. However there to tag along to meetings, have been times where it chat through files with experienced colleagues and has felt isolating.” pick up practical tips.” Sian Edwards Harriet Vitty 4. Ask for Help 5. Embrace Frustrations It is a common experience of There are always going to be a trainee that you say yes to days where the internet is slow, everything out of fear of looking your letter hasn’t saved, and like a work shirker and not asking your face has been frozen in a for help at the risk of looking yawn on a Teams meeting for 5 like a stupid idiot. However, minutes. However, it is important the prolonged periods of time to remember that everyone is without face to face contact adapting to a new way of working with your managers means and what is happening is out of that, unfortunately, issues can your control. Try to focus on the be unnoticed. This is something skills that you have started to that I am trying to practice what acquire out of necessity and keep I preach, but it is important to let tabs on what is working and what managers know if your workload isn’t. is too much or you are just generally feeling overwhelmed. pages 29 & 30

Bevan Brittan The new virtual world There will be a lot more of training: Following the online sessions scheduled to recent NWLC Steering take place throughout 2020 Group meeting, and having and 2021 to assist in meeting considered the advice from your training needs. Health Officials and the Government together with If you haven’t signed up for the great feedback received a webinar yet, take a look at from our members, we will the range available. All our be continuing our successful webinars will be delivered training sessions via ‘Live’ with links to recordings webinar. During September available from the NWLC we held six webinars which website. ranged from Inquests to Managing Complex Procurement Contracts. DAC Beachcroft Social Value Project sustainability and talent. It offer, engage more with mem- update: As part of our will also allow us to identify bers to promote the offer, commitment as a Consortium opportunities for potential and communicate at regular to social value, we will be collaboration within our local intervals with members. We encouraging firms to share communities and across the will be working together to more of their activity and Consortium membership. For spotlight different areas of the for the first time to create a more, please contact Rebec- value added offer over the NWLC social value annual ca Richter at DAC Beachcroft. coming months with mem- report. Social value is often bers, as we move towards a described as the additional Consortium Added Value more joined up and com- benefit organisations pro- Offer: Our Partner firms are bined offer. For more, please vide to not only themselves, keen to offer the NWLC Con- contact Rebecca Richter at but also to society and the sortium members additional DAC Beachcroft. economy. We will be profiling services which add value to some of the activity our firms members. Feedback from get involved with, including members has suggested we community work, pro-bono, can do more to raise aware- social mobility & inclusion, ness of the combined value

Geldards partner firms - value added The Geldards public In terms of wider support sector team will be to the Consortium we have providing a range of services worked with the NWLC for all Consortium members Management Board in the as well as working with the development and launch of Management Board on a Consortium Quarterly and number of specialist projects we are also exploring options to add further value to the to develop the current Consortium. website to enhance support to members. For Consortium members services will include; • Updates and Briefings • Webinars • Free Initial Consultation • Bespoke Training / Forums • Special Projects / Strategic Support Weightmans This year in terms of We hope to grow the added value support to precedent bank with NWLC, Weightmans are contributions from the leading on the production other Partner firms and by of a precedent bank which providing a request service will be accessed through for specific precedents. the website by registered website users. The bank will provide bespoke documents to assist Consortium in-house lawyers. We are working on how we will catalogue the documents and how they will be displayed at the moment. pages 31 & 32

Innovative thinking for health emergencies The pioneering Trinity Challenge project aims to safeguard the lives and livelihoods of one billion more people against outbreaks, epidemics and pandemics. The Trinity Challenge, established by Dame categories. These categories include: Sally Davies, Master of Trinity College identifying and reducing zoonotic risk and Cambridge, brings together a diverse spill over; decreasing transmission and coalition of members to develop insights spread; and improving health and economic and actions that contribute to a world better system response. protected from health emergencies, such as Covid-19. The inaugural Challenge was launched on the 14th September 2020 and is open to Through the use of data and analytics, and the public for submissions until the end of giving the brightest minds a platform to January 2021. You can register your interest partner with the most influential leaders to participate on the website https://thetrini- from businesses, the social sector and tychallenge.org and formal applications will academia to collaborate and contribute open in early October. It is anticipated that insights as global public goods, the project is the recognition for the inaugural challenge designed to turn those insights and data in to will be decided by the end of March 2021. real world practical solutions to improve the global response to health emergencies and DAC Beachcroft is providing full service endemic disease. pro bono legal support, which is critical to the formation, and launch, of The Trinity The Challenge is open to anyone from Challenge project, as well as ensuring that around the world to contribute their actionable insights developed are shared as innovative thinking to any of the Challenge global public goods.

pages partner firms - updates 33 & 34

Flexible working, or ‘What do I do with all those suits?’ David Williams, Chairman of Geldards, tackles the problems of working from home.

Two taxing questions for me, one serious the partner firms - updates other less so. Taking the less serious first – there is a potential looming wardrobe crisis. The clothes which annually get dug out for the hoped for two weeks of sun have become the new uniform. Wearing shorts to work – who would ever have thought it?! I started out this lockdown by undertaking to myself that I would maintain my standards by dressing for work each morning. That has slipped away over the weeks to dressing to feel comfortable. Dressing for your day has a whole new resonance to it. I must admit that “dressing up” in a suit and tie does have an appeal to it but is that just because it’s something different? Probably. Sometimes choice just creates confusion, but I bet I’ll be joining the lines of people dropping off stuff at the charity shops when they reopen. There are a lot of things to be considered here but our health and welfare are prime among them. These are purely personal views, but it seems to me that things are going to take some time to settle down and our ways of working are going to be no different. A major regional accountancy firm has just announced a work where you want forever policy. I suspect that’s just a headline grabber and it may well be that their people flock back to the office when they can. There is, after all, a lot of science to say that a lot of productivity is lost when people work at home. So, coupling business needs with the fact that humans are social animals it may be that a phased return to the office as and when it is safe to do so will be the reality. Against that, we will all have learned some efficiencies and some life-enhancing benefits from the current enforced regime, and we should not lose those. Just as I am not going to throw all my suits away, I am not going change the notion of the office being my principal place of work, but I may just mix and match to suit the day. pages 35 & 36

David Hutton Simon Goacher Partner, Bevan Brittan LLP Partner, Weightmans What’s it like working at Bevan Brittan? What is it like working at Weightmans? Great! Whilst legal practice continues to I moved to Weightmans from local change, the culture of the firm I joined in government 7 years ago and it’s a really 1997 has remained friendly, welcoming and friendly, supportive place to work, ambitious. I am pleased to lead our work for committed to providing high quality advice local government and seek to co-ordinate and support to the public sector and all its our market facing activities with over 30 clients. I enjoy the variety of life and the way enthusiastic, approachable and committed that everyone works hard but pulls together partners nationwide. The type of people I for the good of everyone which has been will enjoy having a drink with post Covid. exemplified even more since lockdown. Tell us a little about yourself Tell us a little about yourself Married with three grown but perhaps not I worked in local government for nearly 20 grown up sons. I Love sport especially ultra- years before joining Weightmans, leading on running (counterbalance to the sedentary the overall offer and advising particularly lifestyle as a lawyer) and despite being a on governance, constitutional and vires Middlesbrough fan have Bristol City season issues and undertaking standards and tickets. Family life can be busy as we foster; whistleblowing investigations. babies mainly and we do regular respite My spare time is devoted to family, friends care. I went straight into law and after 7 and Southampton FC (which explains all years in London I arrived at the firm in the grey hair and worry lines). I also like Bristol in 1997 not knowing the city. to travel which I will be keen to do more of once we can without fear of quarantine! What will be your memories of lockdown? The food (and drink) bill of having the boys What will be your memories of lockdown? back home! Otherwise: Zoom meetings with people happily 1. How adaptable we can all be: previously talking away whilst muted, the support of reluctant homeworkers (including myself) colleagues, family and friends to get you now embracing it. through the tough times and the unexpected 2. Breaking down barriers of formality: and disproportionate feeling of joy in the not only seeing inside people’s homes but early days of the one hour a day when I was generally being more engaging with some allowed to leave the house to exercise. The informality. Life has been more rewarding sheer volume of zoom quizzes, whereby I feel offering and receiving support as we are all like I should now know the answer to every undergoing similar challenges. trivia question ever asked, unfortunately 3. Not travelling. Having for 20 years I only seem to retain answers marginally travelled 2/3 days a week longer than a goldfish. Tell us about your value-added offering Tell us about your value-added offering Surveys of our clients demonstrate We are very excited to be leading on the they value off the clock advice. All precedent bank which will allow members understandable but many of those entitled to access to bespoke precedent documents for use the free call can be reluctant to do so. We specialist local authority areas of law. We know that the opportunities to touch base will work together with other partner firms with colleagues or to network are limited at and members to build up a comprehensive the moment. We are keen for people to use bank of documents and to provide a request the free call service, whether for advice; to service for those who are looking for a bounce ideas off; or as business connectors. document which they can’t find in the bank. We are a willing cohort so please do call.

David Hutton Simon Goacher pages partner firms - meet the team 37 & 38

Ioan Davies Tiffany Cloynes Legal Director, DAC Beachcroft Partner, Geldards What’s it like working at DACB? What is it like working at Geldards? I’ve worked at DACB for 18 years; it’s a The people at Geldards are a great team friendly, supportive and inclusive place to which means that regardless of where we work. As we have grown internationally, have all been over the last few months, we we have still kept our regional and local have been able to work together, deliver roots and it’s very collaborative, everyone what our clients want, support each other works together to deliver a bespoke service, and try to keep a sense of humour. tailored to the needs of our clients. Tell us a little about yourself? Tell us a little about yourself I head the Public Sector team and advise I advise public sector clients on PFI/PPP/PF2 Public Sector clients on major projects, schemes and other complex commercial collaborations, procurement and powers. arrangements including outsourcing and For my sins, I remain a Bolton Wanderers joint ventures. I am increasingly involved in fan. I enjoy going to the theatre, galleries and supporting clients as they prepare for the the opera. I have three diva doggies and one hand back of PFI facilities to the public sector very bossy cat! – those have come around quicker than I thought…time flies when you’re having fun What will be your memories of lockdown? I suppose! In my spare time I enjoy playing How quickly everyone embraced technology golf, attending concerts (would be nice right and how together with our clients we moved now!) or cooking up a storm in the kitchen to working differently with the minimum of (with refreshments!). fuss. From the personal side, spending more time than I have over the last 20 years with What will be your memories of lockdown? my husband as I am usually working away I have been surprised but pleased to see from home. Also, realising how much my how seamlessly we and our clients have dogs understand and how Otto, my springer, moved to working from home. However, and wants to be in on every call! whilst there will doubtless be some legacy of the good things that we have all learned Tell us about your value-added offering about remote working (such as not losing Geldards has been pleased to develop and 2 hours a day just commuting every day!), co-ordinate the production of Consortium being able to see colleagues and clients Quarterly. We hope that Consortium again in person will be very welcome when members find the newsletter interesting it comes. Personally, it has been great to and informative and we look forward spend more time with my family. to developing it further to meet your requirements. Tell us about your value-added offering We have started working on an initiative alongside other partner firms to create a network for trainees across the Consortium. We are looking at how we can share technical and non-technical training and resources, facilitate networking and host events where trainees can meet, share experiences and exchange ideas. I think it’s a great way of connecting our teams across different organisations early on in their career.

Not Tiffany Cloynes Ioan Davies pages partner firms - meet the team 39 & 40

The latest from LLG Helen McGrath, Head of Public Affairs at LLG, with their latest thoughts and views on current issues for local government lawyers. Guidance We have also produced guidance on data LLG has produced a number of guidance sharing with the Electoral Registrar and documents following the flurry of launched our Social Media Toolkit in August. Regulations rapidly being produced by All guidance is available on the LLG Website. local government. This includes The Health Protection (Coronavirus Restrictions) Consultations (No.2) (England) Regulations 2020 (4 July We are currently working on 3 consultations; 2020), about holding meetings indoors and outdoors. The guidance produced to date is: 1. Call for Evidence from the Chair, (Lord (Edward) Faulks QC) of the Independent • 7th April 2020: Remote Meeting Regulations Review of Administrative Law panel who (Virtual Hearings) in association with ADSO has invited submissions of evidence on how effectively judicial review balances the legiti- • 17th April 2020: Standing Orders Guidance mate interest in citizens being able to chal- (Remote Meetings) in association with ADSO lenge the lawfulness of executive action, with the role of the executive in carrying on the • 30th April 2020: School Admissions business of government, locally and centrally. Appeal Regulations Guidance in association The consultation seeks views around codi- with ADSO fication and clarity, process and procedure. The deadline for submission is October. To • 17th Mary 2020: Special Education Needs join a working group to feed into this piece of and Disability Regulation Guidance work or provide written submissions, please contact me. • 28th May 2020: Town and Country Planning Coronavirus Amendment Regulations • 4th July: The Health Protection (Coronavirus Restrictions) (No.2) (England) Regulations 2020

2. MHCLG consultation on the reform Awards practice management update of exit payments in local government, We delivered our virtual LLG Awards which closes on the 9th November. One 2020 on the 2nd July 2020 through the query which arises relates to the process of gotowebinar platform. It was watched live by relaxation via Full Council and/or Secretary 220 members and has already been viewed of State permission. If you have a particular on demand over 500 times. It was very well grasp on the HMT directions, or would like to received by the membership and we were feed into the consultation, then again please delighted by the engagement and very contact me as I would welcome your views. meaningful delight of the winners. 3. Sweeping planning reforms in the Campaigns and Stakeholders Planning for the Future consultation. In terms of campaigns we have met with CIPFA and SOLACE and are formulating a LLG continue to work with the LGA to inform programme of joint working to strengthen their virtual Covid-19 Hub. the golden triangle. We submitted a full consultation response to the LGA on the Training and Webinars Code of Conduct following a full member Our programme of weekly Covid-19 webinars questionnaire and response opportunity. continue and have been well received by the We continue work on the Parish Council membership. They are available on demand Toolkit with SLCC and ADSO which we aim here including sector specific training. to have ready by time of publication. We Likewise, we are continuing with our weekly need to consider the official launch date LLG Grapevine podcast. We also have a new based on what information we may have training programme offering a wide range nearer that time around the implementation of topics from Political Awareness, Licensing of the member code of conduct. Committees, Prosecutions, Right to Buy and a blended Monitoring Officers conference Website comprising bitesize training and a live Work continues on the new LLG website with interaction session. a view to launching by June next year. The capabilities should revolutionise the way in Branches and National Lead Meetings which the membership interfaces with the LLG. We are also rolling out a programme of live Pro Zoom meetings for our National Other Member Benefits Lead areas and Branches. The Southern We continue to offer our Monitoring Officer Branch and South West will hold a virtual Defence Scheme, our Mentoring Scheme and meeting in October with planned meetings our Bursary Scheme. moving forward around the regions. We start out National Lead Programme on 24th If anyone has any queries about anything September with a Children’s Services and contained in this briefing or wants to get Adult Social Care live meeting followed involved please do not hesitate to contact me by Planning in October, Procurement in at [email protected]. November and Junior Lawyers in December. pages 41 & 42

quarterlyconsortium Partner Firm Main Contacts David Hutton Tiffany Cloynes Partner Partner T: 0370 194 8927 T: 020 7620 0088 / 01332 378302 M: 07867 976835 M: 07741 312976 [email protected] [email protected] Ioan Davies Simon Goacher Legal Director Partner T: 0113 251 4861 T: 0345 073 9900 / ext 139582 M: 07843 069546 DD: 0151 243 9582 [email protected] [email protected] Front cover images, clockwise from top left: Derwentwater, Lake District; Liverpool Docks, Liverpool; Apartments, Manchester Canal; Ribblehead Viaduct, Ribble Valley. © NW Legal Consortium October 2020. This newsletter and the legal articles included are intended solely as an overview of the law in England and Wales. No responsibility can be accepted for the completeness or accuracy of the contents included and professional advice should be taken in relation on to any specific matter.