NWLC Magazine Winter 2021

quarterlyconsortium Issue #06 Winter 2021



Goodbye from David McCullough issue #06 Welcome to this sixth, and winter 2021 edition of our popular magazine – Consortium Quarterly. In this edition we have topical articles and top tips from our Partner firms. We have our regular Trainees and NQ Update and our LLG update. In our profile piece this time we meet Gemma Williams from Cheshire West and Chester Council. And we are introducing our new Legal Update from Lexis Nexis. There’s more news about your 2021/22 free Annual Training Programme in the later pages of this magazine too, so don’t miss that. We also have an article and request for help from the Access to Justice Foundation – heard of them? Access to Justice are a charity, who increase the support available to vulnerable people requiring access to the legal system through strategic grant making and supporting the advice sector. You can find out more about them on pages 35 - 38. This will be my last introduction to your CQ magazine as Chair of the Consortium Management Board. I am stepping down as Chair but will still continue as a Board member representing Sefton, the Lead authority. I would like to take this opportunity to thank Beryl Heath, the Consortium’s Contract Development Manager, for all her support during my time as Chair which was invaluable, particularly during the procurement of the new solicitors’ framework and all the adjustments we had to make during lockdown. It was a pleasure being the Consortium’s Chair - which is an organisation which adds real benefit to its members but I thought it was time to pass on the baton to someone else and I am pleased to announce that I will be succeeded by Anne Greenwood - who will be saying hello below. As 2021 draws to an end there is lots to reflect upon for us all, what a year! There have been highs and lows for us all but I hope that in your working lives the Consortium has managed to provide help and resources to get you through. I wish you all happy holidays and my very best wishes for the New Year ahead. Hello to Anne Greenwood This is just a quick hello from me this time around. I am absolutely delighted and honoured to be taking on the role of Chair of the Consortium Management Board. David is definitely a hard act to follow but I will do my very best to ensure that the Consortium continues to deliver the great benefits available to its members. I look forward to bringing you future editions of our magazine – see you in 2022! In the meantime, if you have any comments or suggestions about your Consortium Quarterly or the Consortium generally, I’d love to hear from you at [email protected]. pages 1&2

No Jab? No Job. p5 The PFI & PPP Forum: p15 NWLC Social Value p25 Can employers require employees to A New Initiative report 2020 - 2021 have the Covid-19 vaccine? A great initiative for NWLC Members The results from our first SV report Infrastructure Levy p9 Free NWLC p17 Focus on Secondments p27 on Garden Villages Training 2022 And People Development The impact of the new levy Upcoming training from NWLC Opportunities from our partner firms At a Glance p11 NWLC Annual Training p21 Get in Touch: Your Key p29 Partner Firm Contacts Short and sweet legal tips from our Event 2021 Your contacts for each Lot partner firms A look back at this years event Development update p13 In Profile p23 Weightmans brings us all the latest With Gemma Williams from development news Cheshire West and Chester Council

contents Consortium Added Value p31 Returning toThe Office p39 More on the added value services Our regular practice management offered by our partner firms update from Anne Wright Latest From The p33 The latest from LLG p41 Trainee Forum With Helen McGrath, Head of Public From our Trainee Board Member Affairs at LLG Introducing the Access p35 LexisNexis legal bulletin p43 To Justice Foundation A summary of the latest authoritative With Lynne Squires & Steve Cornforth legal updates from the public sector pages 3&4



No jab? No job. Helen Snow, Employment Senior Associate at Geldards, takes a look at whether employers can require employees to have the Covid-19 vaccine.

All NHS staff in England will have to be fully Can compulsory vaccination provisions vaccinated against Covid-19 by next spring be justified? unless they are exempt. The announcement Employers have a legal duty to ensure a safe follows on from the requirement for care working environment under the Health and home staff in England to be fully vaccinated Safety legislation. by 11th November. The issue of compulsory vaccination for Covid-19 is a live one for Requiring staff to be vaccinated could be all employers, not just those in the health justified on health and safety grounds. and care sector. The question facing public However, for that to be the case it would sector employers now is whether they can be necessary for an employer to be able to or should require their workforce to be demonstrate, based on a risk assessment, vaccinated. that compulsory vaccination was necessary. Arguably, in most workplaces, other Can employers make Covid-19 measures such as strict hygiene protocols, vaccinations mandatory? mask wearing, and social distancing may be In the wake of the NHS announcement, more sufficient to provide a Covid-19 secure work employers might be considering introducing environment. In addition, it may be possible measures to require their own staff to be for staff to continue to work from home. vaccinated. There are a number of drivers for this; from protecting vulnerable members Another option is to set up a workplace- of staff, service users or visitors, to reducing wide testing programme. By regularly absence levels as a result of catching and diligently testing all employees using Covid-19 or having to self-isolate. lateral flow tests and recording the results, employers could demonstrate that they are Employers might be considering introducing taking the issue seriously and are invested in compulsory vaccination policies, including the health of their staff. clauses in employment contracts for new employees or amending existing Employers outside the health and care sector employment contracts to make having a will need to demonstrate that the reduction Covid-19 vaccination a requirement. If this in risk that would result from compulsory is the case, there are two key things that vaccinations will justify such an interference employers will need to take into account; with individuals’ basic rights. firstly, that staff cannot be compelled to have the vaccination, and secondly, that they Can employers encourage staff to get need to consider how they will deal with vaccinated? individuals who refuse to be vaccinated for A preferable approach may be for employers whatever reason. to encourage staff to get vaccinated, as opposed to introducing a mandatory policy If an individual’s refusal to be vaccinated which could be subject to challenge. A is because they have a disability, or is gentler approach might have better results predicated on a religious or philosophical and help build respect and trust. belief, they might be able to issue direct or The Health and Safety at Work Act 1974 indirect discrimination claims if an employer obliges employers to take reasonable steps takes disciplinary action. They may also to reduce any workplace risks. This duty make a claim for constructive and/or unfair gives employers justification for encouraging dismissal if they are dismissed or resign their employees to be vaccinated to protect as a result of disciplinary action or the themselves and everyone else in the implementation of employer policies and workplace. procedures requiring vaccination.



Infrastructure levy on garden villages Andrew Morgan at DAC Beachcroft examines the impact of the new Infrastructure Levy on Garden Villages The Government’s intention is to replace the and garden villages and their intensive Community Infrastructure Levy (CIL) and infrastructure needs fall very much into this the current system of planning obligations category. with a value-based flat rate charge with the aim of raising more revenue than under the The Ministry of Housing, Communities and current system of developer contributions. Local Government is due to respond formally The reasoning is that capturing a greater to the Infrastructure Levy consultation share of the uplift in land value will enable process before the end of the year. However, the provision of more of the infrastructure shortly before he was removed from his that existing and new communities require post, the ministry’s former Secretary of State, plus a higher level of affordable housing. Robert Jenrick, had already hinted that, instead of a fixed nationally rate for the levy, Having also been promoted as a solution local authorities may be allowed to set their to the delays brought by prolonged Section own rates. 106 negotiations and the failings of the CIL, the new levy could end up being the One of the problems with the roll-out proverbial sledgehammer to crack a nut and of the CIL was that its adoption and lead to unintended consequences – as is so implementation was geographically patchy. often the case with planning reform. This It was not uncommon for one authority to may prove to be particularly acute in the have introduced it while its neighbour had context of large-scale housing developments not. Accordingly, the MHCLG must take steps

to ensure that this does not happen again – From a political perspective, it’s easy to although quite how it will achieve that is not see the attraction of the levy’s ‘optics’. It’s clear at this time. intended to give local authorities more autonomy over revenue collection and the The delivery of infrastructure is what provision of affordable housing whilst also unlocks the process of delivering garden portraying central Government as ensuring villages, and the infrastructure required by that property developers don’t ‘get away’ garden villages is naturally more extensive with anything. Conversely, for developers and complex than that which is required by looking to progress major garden villages, more modest, standalone schemes - so the the proof will be in the pudding as to conversation with landowners around value whether the regulations for the new levy and viability becomes pivotal. What remains are going to be flexible enough to deliver unclear is how the delivery of development infrastructure on the scale – and with the will be regulated relative to the payment timeliness - required. of the new levy and the availability of the enabling infrastructure. pages 9 & 10

Standards of Politicians Behaviour has < New Thresholds: Contracting authorities should be again been in the spotlight following the aware that new financial thresholds for the application of Owen Patterson affair. This is likely to trickle the Public Contracts Regulations 2015, the Defence and down and lead to heightened scrutiny of Security Public Contracts Regulations 2011, the Concession the behaviour of politicians at the local level. The Committee for Standards in Contracts Regulations 2016 and the Utilities Contracts Public Life (CSPL) produced its report on Regulations 2016 will apply from 1 January 2022. The new standards in local government as long ago thresholds will be introduced by the Public Procurement as January 2019. The government stated (Agreement on Government Procurement) (Thresholds) that it would respond in three months but (Amendment) Regulations 2021. A significant change from has still not done so. In the meantime the the current and previous thresholds is that the financial LGA has produced its model code and values set out in the threshold are now inclusive of VAT. guidance which many Councils have now 01 adopted and all of this publicity on the issue provides an opportunity to raise the profile < 02 of the work of the monitoring officer and the importance of good standards of behaviour in local authorities. Employment Law Update - < 03 Whistleblowing: The EAT has upheld a Tribunal judgment that a whistleblower who was dismissed for criticising a colleague was not automatically unfairly dismissed. [Ms L Kong v Gulf International Bank UK Ltd]. Employment Law Update - Flexible working: The Government has launched a consultation on making flexible working the default position. The consultation closed at the beginning of December and the outcome is awaited...

04> Decarbonisation Grant Funding: Be prepared! For those local authorities involved in the application process for the previous grant funding rounds (Public Sector Decarbonisation Scheme and the Social Housing Decarbonisation Funds), you will be familiar with the limited time period available from the announcement of a new funding round application and the deadline for submission. As further funding rounds are anticipated in the near future, we would recommend that a local authority wishing to bolster its own decarbonisation plans for existing housing stock (or bring together a consortium of neighbouring authorities and registered providers) start to identify eligible properties now and put in process a procurement strategy, keeping in mind that contractors delivering the works will need to be PAS2035 accredited (as a condition of grant funding). At a Glance In brief: legal tips from our partner firms pages 11 & 12

Development update Weightmans brings us all the latest development news from the last few months. The world of regeneration projects has Green leases District Heating Systems had an interesting 18 months during A series of provisions within a lease that There has been increased u the pandemic but one particular theme encourage the landlord and tenant to reduce reliance upon these schem from clients we have been dealing on the environmental impact of premises, sometimes of their complex regeneration development work has been to facilitate the installation of energy that every effort has been made by local efficiency measures and to encourage the Electronic Signatures government to progress matters where building to be run in a way that reduces its The Association of Property practical in the circumstances. Particular key energy consumption. These can extend Lawyers (APSL) and the Lo issues and developments have been: to cover the promotion and improvement Support Lawyers Group (LP of environmental performance, sharing updated their joint paper o Climate related matters of environmental performance data and signatures and e-signing pl In line with the COP26 discussions. ESG restrictions on alterations that would property transactions. A co requirements (environmental, social, adversely affect environmental performance. found on the Property Litig governance) are becoming ever more website. The paper is a use prominent through the supply chain and we Green Financing wide range of issues that ca are spending more time talking to our clients We are seeing the move for investors to of an electronic signature c about what they should be doing and what promote climate/neutral, environmentally an e-signing platform such we can do to help. In particular, there is friendly projects. This extends to those property transactions, havi increased emphasis in projects with regard to: projects more efficiently using energy, water requirements of the Land R • Reducing utility consumption and saving and waste management. the document to be signed a registrable disposition. It money; Power Purchase useful for practitioners who • Complying with statutory requirements There has been a move in recent years to use with the use of an e-signing as purchasing clean/green power through paper seeks to recommend to report on environmental issues; documented offtake arrangements known as for all practitioners engage • Complying with ESG; power purchase agreements. These provide transactions that make use • Achieving greater energy efficiency; contractual certainty for all parties and can • Improving reputation/branding; and work towards improving green credentials. • Increasing productivity, recruitment and staff and retention.

use of and mes in spite xities. y Support ondon Property PSLG) have on electronic latforms for opy of it can be gation Association eful guide to the an arise in the use created by using as DocuSign for ing regard to the Registry where is to be used for t is particularly o are unfamiliar g platform. The d best practice ed in property e of such platforms. pages 21 & 22

The PFI & PPP Forum: A new initiative David Hutton at Bevan Brittan talks us through a great new initiative for NWLC Members: The PFI & PPP Forum

With approval of the NWLC Steering LIBOR cessation issues; COVID Group, we are proposing to start a reliefs: refinancing; insurance risk new initiative for those members of and pricing; and expiry. The forum NWLC that have existing PFI or PPP can be used to raise and discuss projects. these issues; for training; or sharing experiences and solutions. As a firm (and I know I speak for the other partner firms), Bevan Over time we would hope the Brittan has seen a steady and forum will serve as an invaluable significant increase in scrutiny and opportunity and bring benefits issues for clients with existing PFI including: and PPP projects across all sectors, particularly central government, • highlighting and discussing key health trusts and local authority themes clients. • sharing service specific It was further evidenced with information the engagement of attendees at the Annual Training Event and • sharing information on raising the recognition that so many are queries, challenges and experiencing similar challenges on solutions their PFI or PPP projects. • sharing experience and best practice especially in contract management. We have identified that the NWLC We do not anticipate the forum members have 45 PFI projects being attended by just lawyers, between them, so the time seems but to act as support for contract right to try and bring those members managers and directors too. We together on an informal basis by would be delighted to hear from you convening a regional PFI/PPP forum. or colleagues if you would like to join. In the first session we thought The suggestion is to convene the we would focus on general contract forum on the basis that it could meet management issues and some real (virtually at first) four times a year, lessons we have, and continue with each of the NWLC Partner firms to experience. As many will be (Bevan Brittan, DAC Beachcroft, aware, early schemes are starting Weightmans and Geldards) taking to address expiry issues with some it in turns to host a session, with the peak activity in the coming years to first being held in February 2022. prepare for. There are many topics and triggers If you would like to know more for discussion from general lessons please feel free to contact me on on contract management and 0370 1948927 or email david. enforcement; variations; the current [email protected]. pages 15 & 16

Free NWLC training 2022 Managing Infrastructure Projects/Major Procurements Weightmans 10am - 11am 12.01.22 Key factors to consider for major infrastructure projects – from procurement strategy to exit planning and re-procurement, taking in contract management and change management. Trainee Programme: Trainee Programme: Contract Management The Fundamentals of local government Bevan Brittan 12pm - 1pm 19.01.22 Weightmans 10am - 11am 02.02.22 Contract management when drafting contracts: how easy is it to enforce An introduction to the legal basis for local contractual obligations? David Hutton, authorities. Includes: The structure of local Partner at Bevan Brittan, provides an government; Powers and decision making; introduction to drafting contracts. The role of officers and members; Functions.

GDPR Update Severance/Exit Payments Geldards Bevan Brittan 10am - 11am 10.02.22 10.30am - 11.30am 02.03.22 With speakers Lowri Phillips and Up to date requirements for councils when Helen Snow. making severance or exit payments. Trainee Programme: Property Update COVID-19, force majeure and frustration DAC Beachcroft & Geldards Morning 30.03.22 DAC Beachcroft 12.30pm - 1.30pm 17.03.22 Join us in person for this morning event. Covering key legal principles and industry implications. > pages 17 & 18

Free NWLC training 2022 Continued Trainee Programme: Making an In-House Team More Commercial Geldards 10am - 11am 05.04.22 An introduction to working commercially and generating income for a local authority. Examining income generation and the associated legal issues, plus business planning and marketing. Health and Social Care Beginners guide to section Bill/ICS’s 106 Agreements DAC Beachcroft Geldards 10am - 11am 26.04.22 10am - 11am 05.05.22 Describing the new structures created An introduction to section 106 planning under the legislation, as well as the duty for obligations, both legal requirements and NHS bodies to have regard to the “Triple practical issues. For In-house lawyers with no/ Aim” when exercising their functions and limited experience of s.106 planning obligations an introduction to NHS provider selection. and planning, highways and housing officers

Governance Update Grant Funding Bevan Brittan & Weightmans DAC Beachcroft Morning 10.05.22 10am - 11am 18.05.22 Join Bevan Brittan and Weightmans for this This session will cover: Grants – making in person event, as they provide an update and receiving them; Grants and Convertible on Governance issues and challenges loans; Grants -v- contracts; Implications of facing local authority teams. Subsidy Control and State aid. pages 19 & 20

NWLC Annual Training Event 2022 Save the date: Tuesday 4th October 2022

NWLC Annual Training Event 2021 - Aintree Looking back on a great NWLC Annual Event at Aintree on the 5th of October. Well, against all the odds, we were able • Of our 8 afternoon training sessions, to welcome almost 100 delegates to our 2 were rated excellent by all those Consortium Annual Training Event at attending and the others were rated Aintree this year. We had an array of excellent or good exhibitors and of course representatives from our 4 Partner firms who came armed with • Overall our event organisation, venue, their own exhibition stands and their fabulous catering and conference pack were presenters for our afternoon training sessions. rated as excellent or good In tune with the mood of the moment, our Don’t forget that slides from the training morning speakers were focussed on our sessions and some of the morning sessions mental wellbeing. We had so many positive are available on the Consortium secure and appreciative comments about our website if you or colleagues speakers and their sessions. We also held our want to see them. usual raffle in aid of our nominated charity, Just log in to find North West Air Ambulance, and we raised them in the the brilliant sum of £400 on the day which Publications / will contribute to keeping this vital service Documents area. flying 365 days a year across the North West. And the work now starts In formal feedback from delegates on the on our day itself: 2022 event. • 91% of delegates rated all 3 of our morning sessions as excellent pages 9 & 10

What is your current role and how long have How do you see your role and the work of you held this position? your team changing in the next decade? I am a Manager in the Corporate Legal I feel local government teams will have Team – it’s been 4 weeks and counting! to catch up with the digital agenda I’ve been with the Council’s legal team with more automated processes and for over 4 years overall, including for systems to provide more efficient legal my training contract. I predominantly advice and documents. work with the Council’s Peoples Directorate on contracts and policies, How do you relax? along with general data protection, governance queries and legal support for the Council’s companies. What’s at the top of your in-tray today? My ‘go to’ is reading, preferably in the fresh air somewhere. I also have I’m assisting with reports to Directors an extensive craft room where I can on stabilising the care sector through get lost for hours - although this can our existing contracts, alongside occasionally have the opposite effect! making arrangements for the reforms proposed by the Health and Care If you could create one new law today, what Bill 2021. Legal updates from NWLC would it be and why? partners have been helpful in these preparations to date. I’d like to see a 4 day week being imple- mented as standard to allow people to What are the biggest challenges facing you achieve a better work life balance. and your team at present? What’s the one thing about you that would The biggest challenge for my team come as a surprise to most people? will be the implementation of the Health and Care Bill and ensuring I am also a foster carer. We currently that we support our council services have two young people in placement to be aligned to the preventative long term and look forward to welcom- health priorities, all whilst potentially ing more into our family in the years working under a new procurement to come. Children’s services across the regime. We’re also facing difficulties in country are in such short supply of recruiting quality lawyers into public willing carers, so I help in recruitment sector work and I’m on a mission to campaigns and training for new carers. promote local government as a legal career of choice.

in profile Gemma Williams Cheshire West and Chester Council pages 23 & 24

NWLC social value report 2020 - 2021 We are delighted to share our first NWLC Social Value Report. This report brings together and celebrates the collective social value effort of the NWLC Solicitor Framework Firms. Please note some figures are approximate and may have been affected due to the COVID-19 pandemic. For queries or to discuss any element of this report, please contact: Beryl Heath Contract Development Manager (NWLC) Phone: +44(0)781 653 1936 E-mail: [email protected] Rebecca Richter Head of Business Development (DACB) Phone: +44(0)191 404 4164 E-mail: [email protected]

Social 1168 Employee volunteer hours donated 614 to the local community Trainees & Apprentices Employed Browne Jacobson / Geldards / Sharpe Pritchard Addleshaw Goddard / Bevan Brittan / BLM / Browne Jacobson / DAC Beachcroft / Freeths / Geldards / Sharpe Pritchard / TLT / Weightmans Environmental 945 Tons of waste recycled Bevan Brittan / Browne Jacobson / DAC Beachcroft / Freeths / Geldards / Sharpe Pritchard / TLT / Weightmans Economic £787,800 227 Raised for charity Charities supported Addleshaw Goddard / Bevan Brittan / BLM / Browne Jacobson / Freeths / Geldards / Sharpe Pritchard / TLT / Weightmans Addleshaw Goddard / Bevan Brittan / BLM / Browne Jacobson / DAC Beachcroft / Freeths / Geldards / Sharpe Pritchard / TLT / Weightmans pages 25 & 26

Focus on secondments and people development Our Partner firms offer a wide range of additional development opportunities, including secondments, job swaps, shadowing and mentoring. These opportunities give NWLC members further legal insight and support people development and retention.

How to access partner firms - added value offer 1 NWLC member raises > 2 Key Partner contact secondment / people clarifies request and development request to discusses scope with Lead Partner Firm key NWLC member contact by lot. 3 Key Partner contact > connects the NWLC member to relevant > 4 Secondment / people team members development request is carried out as agreed Reminder of your value added offering Secondments Job Swaps Shadowing Mentoring pages 27 & 28

Get in touch: your key partner firm contacts Lot 1 - Civil Litigation, Lot 2 - Property, Planning Prosecutions and and Environment Regulatory Kathryn Lawrance Judith Hopper Bevan Brittan Bevan Brittan [email protected] [email protected] 0370 194 8940 0370 194 5488 Alison Key Jonathan Griffiths DACB Geldards [email protected] [email protected] 0161 934 3166 029 2039 1723 Paul Hilsdon Andrew Roberts Geldards Weightmans [email protected] [email protected] 01332 378351 0151 243 9840 Clive Bleasdale Weightmans [email protected] 0151 242 7995

Lot 3 - Corporate Governance, Lot 4 - Projects, partner firms - added value offer Ethical Standards & Procurement & Commercial Information Law David Hutton Judith Barnes Bevan Brittan Bevan Brittan [email protected] [email protected] 0370 194 8927 0370 194 5477 Ioan Davies Stephen Hocking DACB DACB [email protected] [email protected] 0113 251 4861 020 7894 6572 Tiffany Cloynes Clare Hardy Geldards Geldards [email protected] [email protected] 01332 378302 029 2039 1766 Vincent King Simon Goacher Weightmans Weightmans [email protected] simon.goacher@weightmans. com 0113 213 4159 0151 243 9582 Lot 5 - Social Care and The NWLC Partner Added Education Value Offer 2020 – 2024 is accessible to NWLC members Hannah Taylor Bevan Brittan The combined Partner Firm [email protected] offer provides an overview of 0370 194 3046 added value, and individual Partner firm offers can be Stephen Hocking accessed in the secure area of DACB the NWLC website. [email protected] 020 7894 6572 For further information, please contact: Beryl Heath, Contract Morris Hill Development Manager, on Weightmans 07816 531936 [email protected] 0151 242 7990 pages 29 & 30

Bevan Brittan Introducing a new refinancing; insurance risk initiative for NWLC and pricing; and expiry. The Members: PFI & PPP forum can be used to raise Forum and discuss these issues; With approval of the NWLC for training; or sharing experiences and solutions. Steering Group, we are For full details of this proposing to start a new initiative, please see our article on page 15. initiative for those members of NWLC that have existing PFI or PPP projects. There are many topics and triggers for discussion from general lessons on contract management and enforcement; variations; the current LIBOR cessation issues; COVID reliefs: DAC Beachcroft Social Value Project contributions from the This document (see pages Update NWLC Solicitor Framework 27-28) overviews the process We are delighted to share Firms going forward. to access the NWLC Partner the first annual NWLC FY20 ‘secondments and people Social Value report (please For further information, development’ offer and click here to download). please contact Rebecca provides some examples of Richter at DAC Beachcroft: how to access it. This report brings together [email protected]. and celebrates the collective For further information, social value effort of the Legal Training, Webinars please contact Rebecca NWLC Solicitor Framework and Podcasts Richter at DAC Beachcroft: Firms. ‘THE NWLC PARTNER [email protected]. ADDED VALUE OFFER 2020 Social value reporting for – 2024’ includes access to NWLC will now be collated secondments and people on an annual basis and we development for NWLC look forward to showcasing members. the excellent social value

Geldards partner firms - value added The Public Sector Team In addition, the team continue at Geldards continues to to work closely with the provide a range of valuable NWLC Management Board services for Consortium and Partner Firms in the members as well as working development and publication with the Management Board of the NWLC Consortium on a number of specialist Quarterly and we continue projects to add further value to receive positive feedback to the Consortium. after each edition. For Consortium members The challenge is to keep the publication interesting and services include; varied so we would welcome any suggestions or news you • Briefings and updates feel would be of interest to the • Webinars Consortium members. • Free Initial Consultation • Bespoke Training / Forums • Special Projects / Strategic Support Weightmans Precedent Service If you have any documents The precedent service is which you have which you now up and running and think would be helpful to precedents are available via other authorities then please the website. do provide this to and we can add it to the bank, with The service is available for appropriate disclaimers of any members to request course. precedents from the partner firms and requests are already being received. If you need something unusual and cannot find it please contact Beryl and the firms will hopefully find the document to meet your needs. pages 31 & 32

Latest from the trainee forum

It’s not what you know, trainee update it’s who you know. Sian We have all been in that situation where we have a piece of work which is throwing up questions that our research just cannot answer. It might be the application of new legislation, or more practical issues such as those recently thrown up by the pandemic. The website can help you – it has a full directory of users across the member organisations and has the facility to show their areas of interest/expertise. In my experience, the ability to find your counter- part in another authority is a valuable resource, especially as an NQ qualifying in to a new area of law. I’ve prepared a step by step guide to how to set or update the user profile details, why not update yours today! The guide is available on the website here. In other news, I am delighted that we can now share with you the detail of our new training, our Trainee Programme. See what’s on offer at page 17 of this magazine. The idea for this additional training programme came from the trainee group that we formed during lockdown of course, so it is great to see this actually being delivered over the next few months. The Trainee Programme 2021/22 includes a session from each of our four Partner Firms. Delivered virtually, by webinar, the sessions are completely free and although the subject matter has been specifically designed for Trainees/NQ it is open to all. We do hope that these additional sessions will meet the identified need and we look forward to seeing how we can develop this provision in future training programmes. Sian Edwards Management Board Member pages 33 & 34

Introducing the Access To Justice Foundation

Lynne Squires, Development Director at the Access To Justice Foundation The Access to Justice Foundation is a now a Regional Committee of the charity that was created by the legal Foundation) with their ambitious profession, and is the only national plans for 2022 and beyond. Without charity solely focused on funding doubt, to achieve these plans, it is and supporting access to justice. important that we work together to The Foundation give grants to advice strengthen the committee, seeking agencies across the country that new supporters and broader provide legal advice on a range of network perspectives. issues. I am particularly keen to encourage Our three core objectives are: representation from public sector organisations and we are grateful to • strategic grant making, the the North West Legal Consortium for provision grants to specialist free their help in bringing the Foundation legal advice agencies. Read more and NWLST to your attention. about our recent UK wide grant giving. Your participation in our regional activities would add great value, • raising funds (nationally and insight and experience, in addition to regionally) to enable strategic widening the network of supporters grant making. See Donations, across the North West. Events. I know from experience that there • making the case for advice, read are people working in the public more about our most recent sector that are keen to (and I independent research: Defending acknowledge that many already the public purse: The economic do) show their support for access to value of the free legal advice justice and I encourage anyone that sector. would like to know more about how they might contribute to the regional The Access to Justice Foundation’s committee to please get in touch. regional committee network is a vital Supporting a Regional Committee of source of support, fundraising and the Access to Justice Foundation is local (legal) advice sector insights. hugely rewarding. Members represent their regions with pride and determination, If you share our vision that no one work with the Foundation to ensure should be denied access to justice, that the legal advice needs of and would like to support our local communities are being fully mission to support organisations understood and addressed as far as providing legal advice to vulnerable resources permit. people, I would be delighted to hear from you. Please contact via email to I am pleased to support Steve and [email protected] or LinkedIn. the NWLST Committee (formerly an independent legal trust and pages 35 & 36

Letter from Steve Cornforth, Acting Chair NWLST Dear colleagues, The Access to Justice Foundation, Funds raised are an essential the only charity focused on specialist resource for hard pressed legal legal advice funding, exists to advice agencies, as legal aid has improve people’s lives by increasing largely disappeared, most of whom the availability of quality legal depend on charitable grants. advice and support. To do this it Typically, the work of these agencies generates sustainable fundraising focus on areas such as welfare which enables strategic grant giving benefits, housing and immigration, to specialist legal advice agencies COVID has seen significant increase across the whole of the UK. in enquiries from a broader, and less typical, enquiry base. The Foundation works in partnership with established network of regional Increasing demand for advice means committees, led by volunteers who that, unfortunately, our work is far work tirelessly raising £thousands from done. The work of the Foun- and provide current local knowledge dation, and its regional committees, to help the Foundation meets its is likely to increase in importance strategic and effective grant making going forwards. I am writing today objectives, redirecting funds straight to urge you to add your support and back into our regions. consider joining me and my commit- tee colleagues as we move forward. I am extremely proud of the We are seeking volunteers from the Northwest region’s contribution to public sector in the North West to this cause, most recently supporting add your voice, which is currently primary fundraising events in not represented, to the Committee. the form of sponsored Legal Together we can ensure that many Walks, which offered a welcome of the most vulnerable in society in opportunity to safely gather as we the North West can access specialist moved out of lockdown. The success legal advice when they need it. of the Legal Walks will no doubt continue to grow as we move out of If you would like to hear more lockdown. In 2021, Liverpool raised about the Committee roles that almost £8000, and similar events we have available, please contact recently took place in Manchester, stevecornforthconsultancy@ Preston and Carlisle. gmail.com. Steve Cornforth Acting Chair NWLST

pages 33 & 34

Returning to the office Anne Wright, Business Support Manager at Warrington Borough Council, looks at how her work has changed over the past few months. This time last year, we were 9 months into Many of us are now back in the office to the pandemic. I wrote of the challenges of some degree – some on a full time basis, working at home and we wondered what the others adopting a hybrid working model “new normal” would look like. It was a long with work split between home and the office. summer and a lonely Christmas for many as further lockdowns were imposed but, here Understandably, going back into the office we are, a year later and things are starting to is an issue for some people for a variety feel a little better and we will hopefully get to of reasons. I think that as managers and share Christmas with our loved ones this year. colleagues, we need to be mindful of individuals’ apprehension and anxieties A successful vaccination programme has at returning to the workplace after such a been implemented and millions of people worrying period for the whole world. We are now double jabbed; boosters are need to recognise that everyone’s needs are underway; our young people in schools and different and do our best to reassure them colleges are now being vaccinated; deaths and provide appropriate support, be that and hospitalisations are falling; communities from a manager, colleague, occupational have been galvanised into action to help health or other agency. their most vulnerable… there is plenty to be thankful for whilst recognising that care and The Society of Occupational Medicine (in vigilance is still of the utmost importance. collaboration with Mind, ACAS and CIPD)

has produced a useful toolkit for returning The Consortium Annual Training Event at practice management update to the office. There are undoubtedly some Aintree was well attended and for many things which were foisted upon us by the it was the first time that they had been pandemic but which have actually made in contact with others in a professional our lives easier/better. The prevalence of capacity for 18 months or more. It was a Teams and Zoom has reduced the need for great day and the morning sessions were people to meet in person and potentially useful reminders that the responses we spend many hours travelling. It feels much have had to events over the past 18 months more productive to hold certain meetings and the associated impact on our physical this way, particularly where participants and mental health were completely normal. are numerous, or geographically spread. This was an unprecedented situation within Managers, organisations and individuals our lifetime but both Dr Judith Mohring and have become more aware of the value of Russell Treasure gave us information and productivity and outcomes rather than tools to help ourselves. presenteeism and for many, a better work/ life balance is the outcome of a hybrid Judith’s presentation can be seen on the working model. NWLC website in the documents section and gives a great overview as to how mental The recent Consortium webinar (Practice and physical health are inextricably linked; Managers’ session), looked at returning explanations as to what has happened to us; to work and how our partner firms and and useful tips on what we can do to help colleagues have managed the home ourselves feel better. working situation. Evidence from attendees suggested that all of the issues previously Russell’s whistle-stop tour through the power mentioned have featured highly on the of mindfulness and the exercise he guided agenda for people in most organisations. us through gave us tools to use when we In addition, the pandemic itself as well as need a bit of stillness, an escape from the the pressures of working at home have busyness of our lives. The link here will impacted significantly on the mental health give you access to a 30 minute mindfulness of employees and this was a huge concern. meditation which I heartily recommend if It was also evident that not all organisations you need a good night’s sleep. managed the situation or provided support for their people in the same way, with some We were also due to have a presentation doing significantly better than others. Social from Nick O’Neill on behalf of Lawcare. and professional isolation continues to be Unfortunately, because of an untimely case a potential problem for as long as home of Covid, Nick was unable to attend but you working continues although with phased can see his presentation on the Consortium returns to the office or hybrid working, this website. can be managed more easily. Here’s hoping that the worst of this is over Links below provide useful information and that we continue to meet each other in for those suffering with their own mental person and look out for one another. health or supporting employees who may be Take care, stay safe and be kind to feeling vulnerable in this period of transition yourselves and others. from pandemic/lockdown to “normality”, whatever that may now be. “No matter what happens, or how bad it seems today, life does go on, and it will be Coronavirus (COVID-19): Mental health better tomorrow.” support for employees | CIPD Maya Angelou Coronavirus and work | Mind, the mental health charity - help for mental health problems pages 39 & 40

The latest from LLG Helen McGrath, Head of Public Affairs at LLG, with thoughts and views on current issues for local government lawyers. Governance Conference Virtual Meetings LLG held its successful Governance In respect of virtual meetings, following Conference in Cambridge in November letters we wrote in partnership with ADSO with hybrid attendees also having access back in May in July, we have received a to the programme. Joshua Rozenberg and reply from Kemi Badenoch MP the minister Max Caller were just two of the highlights for LUHC and have requested a meeting to at the conference and access is still discuss virtual meeting provision for local available on pay for demand via requests to authorities moving forward. [email protected]. Ethical Standards Data Protection Regime Our President, Quentin Baker, has published LLG have responded to the public a thoughtful piece on ethical standards in consultation on reforms to the UK’s data the context of standards following the media protection regime which contain a number storm around parliament and the PM’s about of important proposals for local authorities turn in relation to the Standards committee. including changes to the designated Data In the piece he asks “The question we in Protection Officer. LLG are pondering is whether this renewed

LLG latest focus on the need for augmenting the rules Next year there will be plenty to keep us on ethical standards in central government busy with the AGM and election of officers will spill over into local government, (look out in January if you would like to where, for the past 2 years, we’ve been apply for the board), work experience week, awaiting the Government’s response to the awards, conferences, more on the golden recommendations of the Committee on triangle campaign, weekly webinars and Standards in Public Life” national lead meetings. Finally, look out for our consultation on Branches, where we Other News examine what the future means in a post In other news, LLG are getting ready covid virtual world for geographical settings. to launch our new website which will revolutionise the way in which members We won’t be reporting again until next year, interact with LLG and each other. Making so on behalf of LLG may I wish you all a it easier to collaborate and share good wonderful Christmas break and see you in practice. The website will go live in early 2022. December so look out for more on that. pages 41 & 42

LexisNexis legal bulletin LexisNexis are delighted to bring you the NWLC quarterly legal bulletin, aimed at providing you with a summary of the latest authoritative legal updates from the public sector. The bulletin includes cases, policy paper a series of free events and useful webinars, and guidance updates, and the legislation diving into topical issues and key legal coming into force, so you can rest assured developments affecting the public sector, you’re being kept well informed. particularly for those working in local government. To take a closer look into what’s on offer, LexisNexis share cases from the High Court Immerse yourself today and be sure that relating to children’s social care, education, you’re providing up to date and reliable housing and more. information when it matters, using LexisPSL and LexisLibrary. The ‘policy papers and guidance’ section provides useful guidance published by the View the DLUHC on safe accommodation for domestic full bulletin abuse victims, as well as details on how the ‘Building Back Britain Commission’ (BBBC) here > plan to level up the country. It also provides details of the latest Procurement Policy Note which sets out guidance and actions for taking payment approaches into account in the procurement of major government contracts. As well as access to up-to-date legislation coming into force, LexisNexis has partnered with the Local Government Lawyer to host

pages LexisNexis legal bulletin 43 & 44

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, top left: homes in Altrincham, Cheshire; top right and bottom left: winter sheep in the Lake District; bottom right: footpath in Lancaster, Lancashire. © NW Legal Consortium May 2021. 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.