NWLC Magazine Autumn 2021 Edition #5

quarterlyconsortium Issue #05 Autumn 2021



Welcome to this fifth edition issue #05 of our popular magazine. I do hope that over the summer you have all managed to take a well- earned break. This feels very much like a ‘back to work’ edition – whether that’s a feeling that I always have at this time of the year with school children all getting kitted out in their uniforms for the return to school after the summer break or whether it’s the autumnal feel in the air I‘m not sure. This year of course we might well be seeing the return of ourselves and colleagues to the workplace ….or not. Our first webinar of the new Annual Training Programme deals with this very issue. Entitled ‘Work/Life Balance: What Could The New Routines Look Like For Legal Teams’ this is an opportunity to see what others are doing and to share what’s been happening in your organisation. This webinar takes place on 22nd September, 1-2 pm and the link to register to join is available in the secure area of the website. There’s also more news of the rest of the new Training Programme in the later pages of this magazine, so don’t miss that either. It’s also a time of the year when we can look forward to the NWLC Annual Training Event. Of course, last year this was missing from our calendars and from the Consortium Offer but we are back. Aintree Racecourse is booked for Tuesday 5th October and we hope to see many of you there. Bookings are now open and are going well. It’s great to see so many of you looking forward to a face to face event once more. If you want to book a place just email Beryl Heath at [email protected]. I just wanted to highlight too that we have just had new Consortium Offers for member organisations from both Lexis Nexis and Thomson Reuters. Both providers are offering us special deals on their products and services. All the detail organisations need to be able to take advantage of either offer will be sent to organisation Heads of Service. If any reader is unsure whether their organisation has received the information, they should contact Beryl Heath as soon as possible. In this edition of Consortium Quarterly we have topical articles and top tips from our Partner firms, we have our regular Trainees and NQ Update with further commentary from Sian and Harriet, our Management Board members, who are all working to support you in your roles. I’d also just like to highlight the work we have been doing with one of our Partner firms, DAC Beachcroft, on reporting on the Social Value generated by our Solicitors Framework Firms. There will be more news of this in future editions but this interesting work is just getting off the ground – we are excited to see it come to fruition. As ever, if you have any comments or suggestions about your Consortium Quarterly or the Consortium generally, I’d love to hear from you at David. [email protected]. David McCullough, Chair NWLC Management Board pages 1&2

The Covid-19 p5 Biodiversity Duties of p13 Free NWLC p19 Public Bodies Inquiry is Coming Training 2021 Encouraging biodiversity How will it affect Local Authorities? Upcoming training from NWLC Kick-starting A New p9 At a Glance p15 NWLC Training: p21 Infrastructure Project Short and sweet legal tips from our 2020/2021 and Beyond And how to ensure timely delivery partner firms Survey results and plans for 2021/22 Health and Care Bill 2021 p11 NWLC Annual Training p17 In Profile p23 Key points to consider as the bill Event 2021 Meet Andrew Lee, Strategic Lawyer - moves through Parliament It’s back! People at Wigan Council

contents The NWLC Partner p25 Latest From The p31 Added Value Offer 2020 - 2024 Trainee Forum Member benefits from NWLC From our Trainee Board Members Get in Touch: Your Key p27 Collaborative Recruitment p33 Partner Firm Contacts Pilot Scheme National Roll Out Your contacts for each lot area A better way to recruit Consortium Added Value p29 The Latest From LLG p37 More on the added value services With Helen McGrath, Head of Public offered by our partner firms Affairs at LLG pages 3&4

The Covid-19 Inquiry is coming On 12 May the Prime Minister made a parliamentary statement about the Covid-19 National Inquiry. Although the statement was short, it confirmed the Inquiry would be fully independent and a full statutory Inquiry under the Inquiries Act 2005. He also stated that it would begin in spring 2022. Henry Bermingham of Weightmans looks at its possible implications for Local Authorities.



The National Inquiry reports as each investigation is As it is proposed to be a statutory concluded. Based on the closest inquiry, the Chair will have power similar Inquiry (IICSA), it is likely to compel a person to give evidence it will be able to cover about three or produce documents. If this work streams a year, including Inquiry decides to investigate any public hearing in each. organisation, it will have no option but to comply with the Inquiry’s What will the Inquiry mean for requests. Local Authorities? It is impossible to predict which Inquiry Investigations authorities may become involved. We do not yet have the terms of Press reporting on Local Authorities reference for the Inquiry. Based in the pandemic has focused on a upon the Prime Minister’s statement, number of issues: schools; closure it will be a very wide ranging Inquiry of public buildings and facilities; into all aspects of the State’s response temporary cycle lanes in London; to Covid-19. That will include Local public gatherings; social care (adults’ Authorities. and children’s) and the care home sector. It is likely that some or all Given the sheer number of people of these issues will become work affected by Covid-19, it will not streams. be possible for the Inquiry to forensically examine the detail of It is likely to be statistical outliers – every affected person’s experience. those who have suffered the highest In order to address this, the Inquiry number of fatalities who will be will have to work on a thematic involved. basis. If the Inquiry takes an interest in a Whilst this is informed speculation, Local Authority, that organisation it is likely that the Inquiry Chair will would be well advised to apply for divide the Inquiry into thematic work Core Participant status in the Inquiry. streams such as: This would add a small layer of • ICU treatment and death rate additional cost to that associated • Hospital discharges into the care with providing disclosure to the Inquiry, but would give the authority home sector access to Inquiry documents and, • The effects on the education sector importantly, to representation at public hearings. and learning • Lockdowns and policing What should a Local Authority do? • Vaccination rates & successes. The National Inquiry is perhaps nine months away. At this stage it would These are examples and there be sensible for Local Authorities to are likely to be many more work consider whether it has had issues streams. which would attract the Inquiry’s attention. If it has, it would be There is a public desire for answers prudent to make preparations for about Covid-19 and the Inquiry will the Inquiry in the form of preserving be under pressure to report quickly. all documentation relating to that Adopting a thematic work stream issue and considering whether approach, the Inquiry will be able to participation is likely. undertake multiple investigations at the same time and to issue interim



Kick-starting a new infrastructure project Bevan Brittan share with us the key points to consider when starting or restarting an infrastructure project In the wake of a global pandemic, Local desires for social and added value) is a key Authorities are being challenged with kick early issue. If the public works requirements starting the economy through the delivery exceed the threshold of £4,733,252 then the of much needed new infrastructure and Public Contracts Regulations 2015 (PCR) or development projects. Whether schemes the Concession Contracts Regulations 2016 have laid dormant for the last 18 months or (CCR) are likely to be engaged. are in response to some supported funding, the emphasis is on the timely delivery of The CCR provides greater flexibility in these projects. structuring a procurement procedure and are more likely to apply where there is Whatever the trigger to initiate a project, exposure to market risk, such as developer there are numerous legal issues to be opportunities. However, often the procedures properly considered and successful in the PCR are adopted given the market is projects will analyse these matters early, familiar with those processes. If no existing such as procurement, compliance with frameworks suit, then which procurement subsidy control requirements, funding and route can deliver the best outcome against structuring the relationship with developers; the timetable? and construction procurement options. A contracting authority may wish to Procurement make a capital funding contribution or a Choosing the most effective and value for discounted land sale to make the delivery money procurement option (given political of a development scheme more affordable.

These require careful structuring of the a project doesn’t automatically sit with financial evaluation and bid requirements. the procuring Council, but passing this Can the scheme be structured as a land to a subsidiary or delivery partner won’t transaction exempt from the procurement necessarily guarantee that the cheapest rules, albeit with limited development control? source of finance is accessed. Where the funds will come from, and how any debt will Subsidy control be secured or recovered are also important When it comes to subsidy control, it is issues to consider. important to consider if the project is one of the residual cases where EU State Aid apply. Councils considering borrowing or Factors to consider include what is being investing finance in new schemes need built, if the infrastructure will be exploited to pay heed to the relevant legislative commercially, who will deliver the scheme and statutory requirements alongside the and if any third parties will benefit. desired outcomes of the project. A Council’s investment strategy should look at security, Funding liquidity and yield (in that order) and may Sourcing and structuring finance for increasingly be influenced by net zero development projects can be challenging ambitions. but is integral to the successful and prompt delivery of any new infrastructure scheme. Understanding and managing risk Some central government funding may be Consideration needs to be given to how available (Towns Fund) or being sought the project will be delivered and how (Levelling Up Fund). risks will be managed as early as possible. Construction procurement options and Initial considerations for anyone tasked with contract forms offer a range of solutions. managing the funding of such a scheme Ongoing project and contract management include who is responsible for financing of risks will achieve better outputs in terms what. The obligation to fund all or part of of quality, cost and achieving completion. pages 9 & 10

Health and Care Bill 2021 David Hill of DAC Beachcroft takes us through some of the key points to consider as the Bill moves through Parliament. The Health and Care Bill 2021 has finally Taking stock of existing arrangements describes a range of option been introduced to Parliament setting out The Bill is intended to better facilitate arrangements, ranging from the government’s vision of what a statutory existing and future plans for integration ICB place director, to comm Integrated Care System (ICS) should look than is possible under the current legal appointment of a lead prov like. But this is not a done deal. We know that framework. Establishing the new structures resources and delivery. there are discussions within government should not therefore be a distraction from as to whether aspects of the Bill should be the service change that will bring benefits to Integrated Care Partners amended, never mind the amendments patients and communities. The Integrated Care Partne which may be made as it makes its way be constituted as a joint com through Parliament. The development of an Integrated Care and each Local Authority w Board constitution functions within the ICB’s fo The delegated powers memo which was The Bill charges CCGs within an ICS with proposes that its role will b published alongside the Bill also refers to developing the constitution for the Integrated Integrated Care Strategy, de 138 powers which allow for the making of Care Board (ICB) which will in time replace ICB, Local Authorities and N delegated legislation, directions, guidance or them. The Bill prescribes mandatory together exercise their func schemes. members of the ICB comprising a Chair, a needs of those who live wit Chief Executive and 3 “ordinary members” We recognise that guidance At the same time, existing ICSs are faced with appointed by NHS Trusts and FTs, local GPs the above points will be pro the challenge of preparing themselves for and Local Authorities respectively. coming months. However, w the arrangements that are scheduled to take this guidance will define op effect in April 2022. Time is short for systems Arrangements at place to consider rather than pre to grapple with some pretty big issues if they The concept of “place” is not expressly It will still be for systems to are to hit the ground running next spring. referred to in the Bill. This serves as a their new ways of working. Therefore, even though the Bill may be reminder that the Bill provides systems until April 2022, it makes se something of a moving target, in our view with no more than high-level arrangements to begin to address these is systems should act sooner rather than later around which they themselves must build to address some of the key points an effective system. The role of place will identified below. of course be key. The Design Framework

ns for place-based m an individual mittees and the vider to manage ship ership (ICP) will mmittee of the ICB with public health ootprint. The Bill be to create an efining how the NHS England will ctions to meet the thin the system. e on many of oduced over the we expect that ptions and matters escribing solutions. o develop and own . With 7 months ense for systems ssues now. pages 21 & 22

Biodiversity duties of public bodies Geldards takes a look at some of the things public bodies should be doing to help protect and encourage biodiversity

As the UK prepares to host the United Public authorities should recognise the Nations Conference of Climate Change positive impact that compliance with (COP26), there might be increased public their biodiversity duty can have on the attention on the performance generally of discharge of their functions and delivery bodies in the UK in taking action to address of their services. It is consistent with other climate change and other environmental powers and duties, such as obligations issues. under the Public Services (Social Value) Act 2012. It gives public authorities a For public bodies in the UK, an important reason and opportunity to engage with their feature of the way that they operate is communities to take account of views and their biodiversity duty. For public bodies concerns about environmental issues and to in England, section 40(1) of the Natural implement projects to address such views. Environment and Rural Communities Furthermore, such projects can provide Act 2006 requires a public authority, in public authorities with useful opportunities exercising its functions, to have regard, so far to generate income. as is consistent with the proper exercise of those functions, to the purpose of conserving Examples of successful projects include: biodiversity. This includes in relation to a • Local Authority projects for the generation living organism or type of habitat, restoring or enhancing a population or habitat. and use of renewable energy, such as solar farms. These have enabled Local Similarly, for public bodies in Wales, Authorities to reduce their carbon section 6 of the Environment (Wales) Act emissions and to generate income, whilst 2016 requires a public authority to seek to at the same time allowing them to stimulate maintain and enhance biodiversity in the and maintain biodiversity at the sites where exercise of functions in relation to Wales, energy is generated. and in so doing promote the resilience • Projects to promote the use of open space to of ecosystems, so far as consistent with encourage exercise and relaxation, whilst the proper exercise of those functions. In also encouraging volunteer activities to complying with this duty, a public authority improve the biodiversity of sites. must take account of the resilience of • Projects to provide education and training ecosystems, in particular: diversity between to increase understanding of the natural and within ecosystems; the connections environment and engage communities between and within ecosystems; the scale in recording and providing up to date of ecosystems; the condition of ecosystems information on biodiversity. (including their structure and functioning); • Projects to develop green infrastructure the adaptability of ecosystems. strategies to underpin local development frameworks. These are pervasive duties, which require Biodiversity duties are expected to be public bodies to take account of biodiversity developed further with the Environment Bill in the exercise of their functions. This means taking forward proposals to make provision that when taking decisions, public bodies for biodiversity gain a condition of planning must not only consider the details relevant permission in England and to require to the particular decision, but if the decision public authorities to determine and pursue could have an impact on biodiversity, they specific policies and objectives to further must consider how the decision and the biodiversity. It is clearly going to continue action that will follow it will contribute to to be important for public bodies to devote biodiversity. Failure to do so would make a attention and resources to meeting their decision vulnerable to challenge on grounds biodiversity duty. If they do so effectively, it that the authority concerned has failed to can bring many good opportunities for the take account of all relevant matters and has authorities and the communities that not taken a reasonable decision. they serve. pages 13 & 14

Landlord and Tenant Act 1954 Infrastructure Planning: Those involved in large< The Court of Appeal recently con- infrastructure planning projects should be aware of an sidered whether expressions used opportunity to contribute to a review of the nationally in simple declarations made to significant infrastructure planning process. The UK exclude a tenancy from the secu- Government is carrying out a consultation, seeking views rity of tenure provisions of the LTA on the main issues affecting each stage of the NSIP process had satisfied the requirement to and what potential solutions might be used to address be “in the form, or substantially in them. The consultation closes on 17 December 2021. The the form” prescribed by legislation consultation document can be accessed here. which includes the words “for a term commencing on…”. The Court 01 determined that the purpose of the wording is to identify the tenancy < 02 in respect of which the notice is given. On that basis, the commonly used wording for declarations of “the date on which the tenancy is granted” was sufficient. London Inter-bank Offered Rate < 03 (LIBOR): One of the main interest-rate benchmarks used globally in the financial markets, LIBOR, will cease to exist after 31 December 2021, with the Sterling Over- night Index Average (SONIA) being the preferred replacement index. This tran- sition will impact authorities in their role as lenders, borrowers, contractors and investors. Now is the time to ensure your authority understands and addresses how the change from LIBOR will affect both you and LA owned companies. Failure to take the right action now could result in in- creased costs for LAs in 2022 and beyond.

04> Freedom of Political Expression: The High Court has issued a reminder of the importance of freedom of expression in the political context in recent cases such as of Robinson, R (On the Application Of) v Buckinghamshire Council [2021] EWHC 2014 (Admin). This case involved a decision of the deputy monitoring officer (“DMO”) that a parish councillor had breached the code of conduct by being disrespectful in misrepresenting the views of other councillors on allowing development on the green belt. The High Court quashed the decision in part because the DMO failed to properly take into account the councillors right of freedom of expression under Article 10 of the European Convention of Human Rights and in particular failing to properly consider the enhanced protection for political expression. This highlights the importance of Article 10 and that officers and members of Local Authorities will be expected to put up with a certain amount of public scrutiny and criticism. At a Glance In brief: legal tips from our partner firms pages 15 & 16



5th OCTOBER 2021 NWLC ANNUAL TRAINING EVENT 2021 AINTREE RACECOURSE Ormskirk Road Liverpool L9 5AS Your FREE Annual Event Returns: Are you joining us at your NWLC Annual Training Event 2021? The morning sessions will focus on your wellbeing, with strategies to help us all return to the new normal. In the afternoon we will have topical training sessions from our Partner firms. There’s also the regular chance to see and talk to our exhibitors and the opportunity to catch up with friends and colleagues. To book, click here to email Beryl Heath

NWLC training programme 202 Practice Management - Work/Life Balance: What Could The New Routines Look Like For Legal Teams? Bevan Brittan (online) 1pm - 2pm 22.09.21 There has been a fundamental change in our working environment during the past 18 months, with disruption likely to continue for the foreseeable future. Join us as we invite you to share your experiences and ideas on how we can take forward and develop a new way of working, chatting though our experiences. Topics include: - How have we have managed our work style and team culture: what proves effective in maintaining quality advice and a team environment; Managing work/ life boundaries; Maintaining confidentiality; Building relationships with clients and our teams; Effective supervision techniques; Ensuring new people are successfully embedded and re-examining the recruitment process; Split in home/office working; Creating a supportive and social environment; How to take holidays; New approach to training; Impact of being paperless.

21/22 Subsidy Control Procurement Update DAC Beachcroft (online) Geldards (online) 10am - 11am 21.10.21 10am - 11am 09.11.21 This webinar will cover the Subsidy This webinar session will provide an Control provisions in the Trade and update on developments in procurement Co-operation Agreement (TCA), the law, including recent relevant cases. implications of the Subsidy Control Bill and the Subsidy Transparency Database. Enforced Sales – Your Empty Homes Strategy Bevan Brittan (online) 10am - 11am 18.11.21 Lyndon Campbell, Partner at Bevan Brittan, looks how Local Authorities can use their existing powers to bring empty homes back into use with the aid of Enforced Sales. pages 19 & 20

NWLC training: 2020/2021 and beyond Thanks to all those that helped with our Annual Training Survey this year. We heard your requests! 2020/2021 Annual Survey However we will be looking to make a few As the summer training programme came to a close, Bevan Brittan, as coordinator of changes to ensure we continue to meet your the training programme, worked together with NWLC to seek your feedback on the training needs: format and content of the training provided to NWLC members during in 2020-21. Thank • Each training webinar will now inform you to everyone who responded to the survey - the results of which are shown on you of the level at which the content will the right. Over 1,300 members registered to attend the webinars, and it was great to hear be presented – Introductory, Intermediate, how these online events have enabled you to keep up-to-date and expand your legal Advanced knowledge throughout the Covid lockdown. • A series of webinars focussed on providing Looking to the future For 2021-22, NWLC will continue to host its trainee/junior lawyer skills will be available popular webinars, and Bevan Brittan will look to arrange a few in-person events – for on topics such as negotiation and building those of you wishing to meet and network with peers. We will also look to create client relationships training on the most requested topics – suggested from both your survey feedback • The practice management sessions and that received via your post-event feedback forms. will return by webinar – providing an informal discussion group to talk through challenges, ideas and solutions in an open forum • And for those of you seeking confirmation of attendance, this can now be provided by return email, upon completion of the post-event feedback form. Don’t forget that all NWLC webinars For training are recorded, so you can watch the updates, presentations post-event from the follow NWLC on Linkedin > NWLC website.

100% 16 Training Highlights & Survey Results of those who had attended training webinars were satisfied with the quality took place 1,390 registrations 932 delegates took part 22% CSheilrdvriecness Property of responders said Highways 2020/21 training topics had been very Adult Services relevant to their role Governance 78% Main topics said they had been requested for moderately relevant training in 2021/22 73% 1 43% said their hour requested training online with optimum a few in-person events. Most webinar respondents would like to length is retain training on-line pages 21 & 22

What is your current role and how long have If you could create one new law today, what you held this position? would it be and why? I am the Strategic Lawyer - People at This is a simple one, an amendment to Wigan Council and I have held this Section 22G of the Children Act 1989. position since September 2019. I have One which shifts the responsibility to overall professional responsibility for secure sufficient accommodation for a number of areas of law at Wigan looked after children in certain highly Council, including; Children’s social complex cases from a Local Authority care, Education, Adult social care, to either NHS England or when the Health and Housing & ASB. Health and Care Bill becomes an Act, the local Integrated Care Board. What’s at the top of your in-tray today? There are a litany of Judgments in There are a couple of pressing issues. recent years setting out the wholly Firstly the reforms proposed in the inadequate provision which we, Health and Care Bill 2021 and secondly, as a Country, have for vulnerable renewing our Regional Adoption children who require assessment Agency contract. I’m very grateful that and therapeutic treatment for acute I can employ the expertise of partner behavioural and emotional issues firms on the NWLC framework for both arising from past abuse within a of these projects. restrictive clinical environment. This is simply not something which any How do you see your role and the work of Local Authority acting on its own your team changing in the next decade? can provide. Increasing demand for our services It is, and remains, a national scandal and recruitment challenges. Our sector that Local Authorities are forced into has a perfect storm of experienced staff shifting these children to unregulated leaving the workforce, private practice placements (which became “unlawful” paying competitive wages, limited new- on 1 September) and failing to ly qualified lawyers coming into the provide the intervention they need, as workforce and, subsequently, councils opposed to having an opportunity to competing against each other for qual- place them in a nationally organised, ified staff. At Wigan we are building an expertly staffed (and naturally engine room for the development and very high cost) restrictive clinical training of future lawyers. It’s not easy placement. with SQE and CPQ ripping up appren- ticeship standards, but we are looking What’s the one thing about you that would at ways to make this work. come as a surprise to most people? Having run out of column inches, I will simply confirm that when I was a law student at Sheffield University, I did DJ at Gatecrasher.

in profile Andrew Lee Strategic Lawyer - People at Wigan Council pages 23 & 24

The NWLC partner added value offer 2020 - 2024 We are pleased to bring together the NWLC Partner Added Value offer for NWLC members from our 4 Partner firms.

1 Free advice 4 Meeting partner firms - added value offer NWLC members benefit rooms from expert legal advice & vid con and insight from our Partner firms. This includes free Our Partner firms and initial advice or ‘off the their network of offices clock’ advice. offer NWLC members free access to meeting rooms, 2 Knowledge and other facilities including sharing video conferencing. These can also support wider NWLC members benefit events including social and from a range of knowledge networking for members. management resources from our Partner firms, including 5 Secondments free access to legal research, & people access to legal libraries and development document precedents. Our Partner firms offer a 3 Free legal wide range of additional training development opportunities, & updates including secondments, In addition to the Annual job swaps, shadowing Training Programme, and mentoring. These NWLC members can also opportunities give NWLC access wider legal training, members further legal legal updates, briefings, insight and support people publications and alerts on development and retention. a wide range of topics from our Partner firms. These updates and training help you and your wider teams keep up to date on legal developments, key issues, and abreast of changing legislation.

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 David Kitson Bevan Brittan Bevan Brittan [email protected] [email protected] 0370 194 8927 0370 194 5464 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

Bevan Brittan Have you booked your • Practice Management - webinar place? Work/Life Balance, 22 Sept During the past year, we have transferred our • Subsidy Control, 21 Oct physical events to online • Procurement Update, webinars. Thank you to everyone who has provided 9 Nov feedback - it’s great to hear • Enforced Sales – Your your thoughts about future webinars. The results of our Empty Homes Strategy, 2020/2021 annual survey 18 Nov can be found in this issue, along with our ideas for Please see pages 19 & 20 for the future. more details on these events. To book a place on one of We have the first 4 webinars NWLC’s live webinars please scheduled within our 2021/ visit the website. If you are 2022 training calendar: unable to join on the day, all of NWLC webinars are recorded and can be viewed post-event. DAC Beachcroft Social Value Project Update Coming soon: your ‘NWLC social value annual report’, a report celebrating the combined social value achievements of your law firms, including social, economic and environmental. For further information, please contact Rebecca Richter at DAC Beachcroft: [email protected].

Geldards partner firms - value added The Public Sector Team In addition, the team works at Geldards continue to closely with the NWLC provide a range of valuable Management Board with the services for all consortium development and publication members as well as working of the Consortium Quarterly. with the Management Board Lots of positive feedback on a number of specialist about the look, feel and the projects to add further value content have been received. to the Consortium. The challenge is to keep the publication interesting and For Consortium members varied so we would welcome services include; 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 North West Legal which you cannot find you in October. We will be Consortium Precedent can email simon.goacher@ preparing the delegate pack Service weightmans.com and he for the event and organising The new Consortium will try and obtain it for you. all that goes on behind the Precedent Service is now We would also welcome scenes to make sure the up and running. There any precedents created by event runs smoothly. We are are currently 25 different member organisations which really looking forward to precedent documents you think would be of use to catching up with people at available to download for colleagues. Please do email what is always an enjoyable free in the website secure any such examples to Simon and informative event. area. These precedents Goacher. range from subjects across all 5 Lots of the Framework NWLC Annual Training and have been provided by Event at Aintree your Partner Firms. We are Racecourse 5th Oct 2021 also running a ‘precedent We are also working with the service on demand’ so if you require a precedent Board to plan and organise the annual training event pages 29 & 30

Latest from the trainee forum

Trainee Training Courses make clear what level of knowledge/ trainee update experience is assumed (introductory, The Consortium Annual Training intermediary or advanced) so that programme for the next twelve Trainees and NQs are aware of months will be released shortly this before booking on to a course. and we are pleased to report This was a suggestion made at the that following consultation with Trainee/NQ forum meeting. The Trainees/NQs and discussion at board are also gathering information Board meetings the programme about mentoring schemes with a will feature Trainee/NQ specific view to emulating a consortium wide courses which are likely to focus scheme in the near future. on soft skills. We are also pleased to report that training courses will New Roles For Your Trainee Solicitor Board members Harriet - Wigan Borough Council, Sian - Sefton MBC, Resources- Employment and Prosecutions and Regulatory Democratic Services I completed my training contract I have recently qualified and in October 2020 and secured a obtained a fixed term role at fixed term contract covering a Wigan Council in their Resources colleague’s maternity leave cover Team. I predominantly deal with doing SEN Tribunal matters. In April employment matters and have a Lawyer position became available assisted the Deputy Monitoring on a permanent basis within the Officer in regards to the Council’s Prosecutions and Regulatory team. democratic functions. I have always I had worked within this team been interested in the constitutional during my training contract and aspect of law and working in local really enjoyed the fast paced and government Is a great way of seeing varied workload. I applied for the how it plays out in reality. The job and I was successfully appointed impact of Covid on the way that following an interview. On 1 June Councils function has meant that it 2021 I started in my new role and it is an exciting time to be working in has been a very busy and exciting this area. couple of months. A particular highlight being my participation in a trading standards prosecution in the Crown Court, which was a matter I had initially worked on as a trainee! Harriet Sian pages 31 & 32

Collaborative recruitment pilot scheme set for national roll out Started in Liverpool, a recruitment pilot scheme is set for national roll out after attracting a wide range of candidates

Local Authorities across the Government group. Jill Coule, Chief Liverpool City Region have been Legal Officer at Liverpool City working together to attract diverse Region Combined Authority, said: talent and recruit the future of local “This project began as a pilot to government law. see how a number of organisations can work together to recruit so we The new, collaborative approach to are delighted to see it adopted at a recruiting staff is set to be rolled out national level. nationally as a pilot. “It is a new way of working together Philip McCourt, Director of Law and it makes perfect sense to and Governance at Wirral Council, collaborate and share resources said: “Local Authorities require legal where we can. talent to be able to deliver for their communities. We provide excellent “People do not always become training and turn out respected lawyers to work in local government lawyers, but we have traditionally but having this kind of joined up attracted and recruited our trainee approach allows us to sell the sector lawyers independently and that has to potential candidates and offer a diminished our profile and increases wider range of opportunities across our costs. By coming together, we the city region.” make savings and improve our attractiveness. The model is set to be rolled out more widely next year to strengthen “Through our professional body, LLG, links between authorities across we are now raising our profile at Law the country, and could spread to Schools. The next step is this, which other areas of recruitment, such as is to recruit together, providing a ‘one graduate programmes and trainee front door’ for potential candidates”. accountants. More than 80 talented and diverse This has been developed into a candidates, on having come to the regional pilot of LLG’s national law end of their post-graduate studies, graduate recruitment programme, have now gone through an arduous due to be launched fully next process that has produced six year. It is part of a wider project trainee solicitors for the City Region. to raise the visibility of careers in Local Authorities and showcase Rather than run separate the variety of practice areas, roles recruitment campaigns, Wirral and responsibilities it offers, called Council, Sefton Council and the ‘Legal Talent’, a program which Combined Authority came together incorporates both work experience to each appoint two trainee solicitors week, outreach to law schools and to go on to experience the ever the national graduate recruitment challenging and rewarding career scheme. that local government and local government law has to offer. Deborah Evans, Chief Executive of Lawyers in Local Government, The successful cohort, who start said: “Working as a lawyer in local work in September, has resulted government is a hugely rewarding in the collaborative scheme being career but one that few law treated as a pilot for national best graduates are aware of. practice by the Lawyers in Local pages 33 & 34

“We are committed to making sure that graduates are attracted to the sector as a first choice, finding people who embody the sense of purpose, and share the same values and dedication to public service. “Work experience week launched this year, and we hope to launch the national graduate recruitment scheme in 2022. “This successful pilot, between Wirral, Liverpool City Region and Sefton, has been the first step towards the delivery of that objective.” Sefton, Wirral and the Combined Authority have historically conducted their own recruitment programmes for trainee solicitors. For the 2021 intake, a collaborative approach led to the production of one recruitment pack, showcasing opportunities across the city region area. Shortlisted candidates were selected from a total of 86 applicants for appointment in July. David McCullough, Chief Legal and Democratic Officer at Sefton Council, said: “The recruitment and development of trainee solicitors is such an important part of Sefton Council’s Legal Service but the recruitment process can be very time consuming. This initiative demonstrated that Local Authorities working together can share the burden in running an excellent recruitment campaign. I am looking forward to welcoming our two new trainees later in the year.”

Gemma Baker: A Trainee’s Perspective Gemma: ‘Applying for Training Contracts in this Covid era has been a very different, somewhat challenging but ultimately rewarding experience. As soon as I saw that Wirral Council were accepting applications for trainee solicitors I immediately applied as I had experience in Local Authority work, which I thoroughly enjoyed, and had been told by many that the training you receive in Local Government is diverse and “the best training you could ask for”. Soon after applying I was contacted by Wirral Council and the collaborative recruitment scheme was explained to me. I was more than happy to be considered by a further two Local Authorities. The rest of the recruitment process included an online numerical and verbal reasoning test, a 3-minute video explaining why I wanted to work for a Local Authority and a research task which was testing but fun. I was subsequently invited to an interview in person and met with a panel of 4. To my delight I was informed that I had been successful in my application and was asked to join Sefton Council. I was regularly updated throughout the recruitment process, the timescales for completion of tasks was more than sufficient and I am beyond excited to start my Training Contract with the team at Sefton Council in the coming weeks.’ pages 35 & 36

The latest from LLG Helen McGrath, Head of Public Affairs at LLG, with thoughts and views on current issues for local government lawyers. Statutory Guidance on the Making and have made representations to and Disclosure of Special Severance MHCLG to that effect. Payments by Local Authorities LLG responded to the Policy Consultation Virtual Meetings on the Guidance which seems reasonable We are still working hard with other in the main, encouraging transparency stakeholders including the LGA, ADSO with respect to severance payments and SLCC to do everything we can to within Local Authorities from the point continue to keep this fresh in the mind of of view of best value. However, LLG are the Government. We are of course waiting very concerned about the inclusion of the on their response to the call for evidence, pension strain payment within the list of but I am mindful we are still waiting for their special severance payments on the grounds response to the Committee on Standards in that the guidance is not intended to catch Public Life’s ‘ethical review’ which was over contractual payments. The pension strain 2 years ago. We are contingency planning payment is mandatory. LLG consider that the to examine what options may present statutory guidance would be improved if all themselves should the Government not contractual payments were omitted from the seek to move forward with any speed in need to declare, including the pension strain the Autumn.

LLG latest LLG Work Experience Week LLG held its work experience week in July when we hosted nearly 50 students across 40 places providing morning experience with a Local Authority, followed by webinars, seminars and round tables in the afternoon co-ordinated by LLG. The feedback we have received from both the students and the authorities involved has been excellent and the power to reach students who had never considered a role in local government was huge. We want to capitalise on this success next year with our national graduate recruit- ment campaign and build resilience and suc- cession from home grown lawyers back into the profession. If you took part in that scheme, thank you and if not, there will be further opportunity for you to do so next year. pages 37 & 38

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: Blackpool Tower and beach; top right: Ullswater, Lake District; bottom left: Canning Dock, Liverpool; bottom right: River Dee, Cheshire. © 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.