NWLC Consortium Quarterly Magazine Spring 2022

quarterlyconsortium Issue #07 Spring 2022



Welcome from our new issue #07 Chair, Anne Greenwood Welcome to the seventh edition of Consortium Quarterly. In previous editions you were welcomed by David McCullough from Sefton MBC. David has now stepped down as Chair (although I’m delighted to say that he remains on the Board) and I have taken over the role. David will be a hard act to follow but I will do my best! I am being ably assisted by Jill Coule from Liverpool City Region Combined Authority who has recently been appointed as Deputy Chair. I am delighted to be Chair as I have always been a great fan of the Consortium and believe that it has much to offer – not just access to the legal services framework but also excellent free training and opportunities to network with other members. Before becoming Chair I was a board member for several years. My ‘day job’ is Head of Legal Services & Deputy Monitoring Officer at Cheshire West & Chester Council. As we move through 2022 and emerge from the restrictions that we faced as a result of the pandemic we are faced with further challenges arising from our post-covid ‘new normal’. Things are also changing with your Consortium - after almost two years of webinar only training courses we are going to hold some in-person training events. We had a lot of feedback that Consortium members were keen to see each other face to face again and that they really missed the opportunity to network with colleagues from other organisations in the Consortium. One of the other things changing for us is that this magazine is now the main form of communication with you all. The final Consortium monthly E-Bulletin was published in December 2021 and is no more. As a result we are adding some extra things into this publication including a Consortium Update and an article from our nominated charity, the North West Air Ambulance. So, in this jam-packed edition we also have our regular, topical articles and top tips from our Partner firms. We have our regular LLG update and we get a bit closer to our Management Board outgoing Chair, David McCullough. We also hear from three of our previous Trainee Management Board members ahead of the Board’s recruitment for its next Trainee member. I am also glad to say that the Board have agreed to offer sponsorship for the Law Society’s Diploma in Local Government Law and Practice to another two Consortium members again this year. I hope that you enjoy this edition. If you have any comments or suggestions for future editions, please do get in touch with me at [email protected]. I’ll finish by wishing you all well and sending you my best wishes. Anne Greenwood, Chair NWLC Management Board pages 1&2

What’s New at NWLC p5 Handling Sensitive Data: p13 Law Society Local p21 Our new section highlighting all the Vicarious Liability Government Law & Practice latest from the consortium Andrew Clarke tells us more Diploma Sponsorship The Environment Act 2021 p7 Transforming Public p15 Law & Practice Diploma: p23 Procurement Anne Harrison takes a look at this What’s Involved? A new regime for the UK important legislation Insights from former course members Local Authority Debt p11 At a Glance p19 Free NWLC p25 Top legal tips from our four Are councils giving debt the right Training 2022 partner firms level of consideration at source? Information on all the latest courses

contents Lifesavers: North West p27 In Profile p35 Air Ambulance This issue our guest is the former How Erin’s life was saved NWLC Chair, David McCullough 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 Latest From The p31 LexisNexis legal bulletin p39 Trainee Forum A summary of the latest authoritative From our Trainee Board Members legal updates from the public sector pages 3&4

What’s new at NWLC Beryl Heath highlights some of the latest developments at the North West Legal Consortium NWLC Solicitors NWLC Meeting On The Website: Annual Training Consor Framework Notes Now Training & Jobs Survey Memb Online Subs The latest 6 monthly Check out the website We will soon be results are in. For the You can now see for jobs page at www. launching our Annual For those period 1st April to 30th yourself the decisions nwlegalconsortium.com/ Training Survey, your amongst y September 2021, 361 that the Consortium jobs/ for all the latest chance to let us know members commissions were Management Board are adverts. The remaining what you think about subscripti recorded involving making on your behalf training of your Annual our training programme. be issued expenditure in excess of at their meetings. Go to Training Programme Are the topics covered behalf by £2.6 million. the secure area of the 21/22 is also accessible helping you? How do you as lead au website – publications on the website at www. rate the quality? And cost of the tab to access meeting nwlegalconsortium.com/ for this year’s survey in remains u notes and learn about courses/ (also on page 25 particular – should we more. what is happening. of this magazine). be returning to a full face to face programme or sticking with webinars…. or something inbetween?

New what’s new Consortium Email Address Our new email address is [email protected] Please use this to get in touch with us in future. rtium 2022 Free Become A Diploma bership Annual Training Trainee Board Sponsorship Member budget holders Our 2022 free Annual The Consortium is again you, Consortium Training Event will Are you a Trainee? Do offering sponsorship ship annual take place at Aintree you have what it takes to for 2 people from ion invoices will Racecourse on Tuesday be a NWLC Management member organisations d shortly on our 4th October. Save the Board member? – see to undertake the Law Sefton Council date! the full article and learn Society Diploma in Local uthority. The more about what’s Government Law and e subscription involved on page 31. Practice in 2022/23 – see unchanged once the full article and learn more on page 21. pages 5&6

Env

The vironment Act 2021 Anne Harrison at DAC Beachcroft examines this important legislation.

The Environment Act 2021 (“EA21”) which In summary, the primary objective will be received Royal Assent on 9 November 2021 on-site delivery of biodiversity net gain, introduces a series of new provisions in followed by off-site provision where on-site England. is not possible. If the requirement cannot be met either on-site or at a specific off-site The EA21 introduces a mandatory location for a development, then developers minimum 10% Biodiversity Net Gain (“BNG”) will be able to buy “biodiversity credits” requirement for all new developments. in order to meet the biodiversity net gain This requirement is expected to come objective. It is not yet clear what criteria into force from winter 2023. BNG will be will be applied in order to accept the secured through a planning condition purchase of credits rather than on-site or which is deemed to be attached to all off-site provision. It is clear though that this is planning permissions, requiring submission designed not to be a cheaper and preferable and approval of a biodiversity gain plan. option, as the EA21 specifically requires that Details on what those plans must contain the price of the credits should not be such as will be provided by regulations yet to be would “discourage the registration of land in made. Consultation on those regulations is the biodiversity gain sites register”. expected soon. Local authorities will be required to publish The Act sets out the following key biodiversity reports containing information components to mandatory BNG: on, amongst other things: actions taken to comply with biodiversity provisions in the • Minimum 10% gain required calculated EA21, the biodiversity gains resulting or using the published Biodiversity Metric & expected to result from biodiversity gain approval of a net gain plan plans approved by the authority and a summary of the authority’s plans for carrying • Habitat secured for at least 30 years via out those functions over the five year period s.106 planning obligations or conservation following the period covered by the report. covenant Housebuilders will need to consider the • Habitat can be delivered on-site, off-site or impact that these provisions will have on the via statutory biodiversity credits viability and deliverability of future housing schemes. In particular the biodiversity value • There will be a national register of net gain of a site may need to be appraised prior to delivery sites the acquisition of development sites, and early thought will need to go into how the • The mitigation hierarchy still applies of required net gain may be accommodated avoidance, mitigation and compensation for and whether by on-site provision, off- biodiversity loss site local provision or the purchase of biodiversity credits (where that is an option), • The requirements also apply to Nationally all of which will need to be factored into Significant Infrastructure Projects (NSIPs) price calculations. • BNG does not apply to marine development • BNG does not change other existing legal environmental and wildlife protections • BNG only applies in England and not the other devolved jurisdictions.



Local authority debt David Moore of Bevan Brittan examines whether councils are giving debt the right level of consideration at source Somewhat unsurprisingly, following Brexit, proportionate to their finances, affordable to refinance debt and comp the pandemic and a decade of cuts in and within their prudential indicators and levels. public funding, the financial sustainability of financial strategy. councils throughout the UK is increasingly On the positive side, this ste being reported as being under threat. In exercising any borrowing power a council rates makes some of the pr Despite this uncertainty and the new must also act for proper purposes, in good alternatives to the PWLB co pressures of inflation and world conflict, faith and following proper procedures. A affordable and with differen councils are still being looked upon to drive councils audit trail should demonstrate that that could out-weigh the co improvement in their local economy, deliver amongst other things all reasonable funding of putting them in place. So infrastructure and housing plans and to lead options have been considered and the common options include: on sustainability and environmental best relative advantages and disadvantages of practice. Sourcing finance at the right time each assessed. Lack of time, resource and in • public bond issues and at the right cost is key. some cases internal knowledge might mean • private placements (sever that councils are not always fully evaluating When faced with these challenges it is each borrowing transaction in this manner. place during the last spike hardly surprising that most councils rely the year preceding the pa heavily on the most readily available and Locating a competitive source of debt to • carefully structured hedg easily accessed form of debt to them - the PWLB in the market over the last 18 months (which can lock in rates a Public Works Loan Board (PWLB). But is this has been challenging and therefore the values) always the right choice and are councils lack of a full evaluation is understandable. • lease and leaseback struc under a duty to consider alternatives? However, more recently short term • traditional bank debt borrowing from PWLB on many of the Council borrowing is widely permitted currently available maturity and annuity Bevan Brittan is speaking to under s.1 of the Local Government Act 2003 rates is up more than 100 basis points on number of experienced an for any purpose relevant to the council’s this time last year. Likewise, the longer term authority lenders keen to h functions under any enactment. The new PWLB debt, which is the preferred format for understand the benefits of t general power of competence is also often much of the development finance required products that have been sp relied upon provided the purpose of the by council’s, appears to have increased by for this market over the last funds can be linked to something in the 50 basis points or more since the new year Many are predicting that in best interests of the voters. When deciding alone. This is a worrying trend, particularly continue to increase meani when and from where to borrow, councils for councils not making capital repayments borrowing is at the lowest r should however ensure that borrowing is on existing loans and who rely on being able some time.

paratively low eady increase in rivately offered omparatively nt incentives osts and effort ome of the more ral of which took e in PWLB rates in andemic) ging transactions at their current ctures o an increasing nd new local help councils their own pecifically tailored t few years. nterest rates will ing that current rate it could be for pages 211 & 1222

Handling sensitive data: vicarious liability Andrew Clarke, Partner at Weightmans, takes a look at the principles governing vicarious liability In Ali v Luton Borough Council [2022] EWHC behest of the husband, with whom RB was 132 (QB), an employee — RB — worked for the in a relationship. The claimant became local authority’s social services department concerned for her safety and alleged that as a Contact Assessment Worker. Her role she suffered distress and anxiety. was to supervise and assess contact sessions between children and adults. RB was arrested and charged with the offence of unauthorised access to computer The claimant had made a complaint to material, contrary to section 1 of the Bedfordshire Police. The complaint was Computer Misuse Act 1990. She pleaded shared by the police with the local authority guilty and was sentenced to three months (as a Multi-Agency Referral) because of imprisonment, suspended for 12 months. The potential safeguarding concerns. sentencing judge referred to and endorsed the comments of RB’s then line manager As part of her work, RB had access that her conduct was “deliberate, planned to the social services records held on and goes against every professional code of the defendant’s computer system. She conduct we adhere to and…put the family at was not, however, working on any files risk of harm”. relating to the claimant or her children at any time. Whilst she was at work, she The claimant, Ms Ali, brought proceedings accessed a number of records relating to against the defendant alleging that it was the claimant’s police complaint about her vicariously liable for RB’s actions, which it was ex-husband. She apparently did so at the common ground had breached the claimant’s

rights under the General Data Protection the wrongdoer with the opportunity to abuse Regulations (EU 2016/679), at common law their position, however sensitive the subject and under the Human Rights Act 1998. matter they are tasked to deal with. In Various Claimants v WM Morrison The court found that, in doing what she did, Supermarkets [2020] AC 989, Lord RB was engaged solely in pursuing her own Reed identified the ‘authoritative’ test for agenda, namely divulging information to the determining vicarious liability in cases of claimant’s husband, with whom she had some employment: Whether the wrongful conduct form of relationship. The fact that there was a was so closely connected with acts the safeguarding element to her job only served employee was authorised to do that, for the to underline how plainly she was not engaged purposes of the liability of his employer, it in furthering her employer’s business. The may fairly and properly be regarded as done disclosure of the data to the husband was to by the employee while acting in the ordinary the detriment of the claimant and children, course of his employment. whose safety and interests as users of the defendant’s services it formed part of her core Outcome duties to further and protect. She was, on any The claimant in Ali sought to distinguish the analysis, on a frolic of her own. decision in Morrison, arguing that the fact that the primary purpose of RB’s job was Comment the safeguarding and welfare of vulnerable This is a clear and forthright application persons, including children, meant that it of the decision in Morrison. Lord Reed was appropriate to apply, by analogy, the in that case emphasised that cases of principles which had been developed and vicarious liability cannot be decided by refined in the sex abuse cases. judges according to their personal sense of justice but must consider how guidance The High Court rejected the claimant’s derived from decided cases furnishes a arguments. It concluded that the different solution to the case before the court so that approach adopted in the sexual abuse cases claims can be decided on a basis which is was a ‘principled’ one which focuses on the principled and consistent. The decision in fact that the wrongdoer is the very person to Ali represents a robust expression of this in whom the defendant has entrusted the care, practice and is a strong vindication for an custody or education of the victim. It is not employer who was in no way responsible for enough, however, for the employer to present the criminal conduct of a rogue employee. pages 13 & 14

Transforming public procurement Geldards look ahead to a new procurement regime for the United Kingdom Significant changes to regulation of public changed, so that there will be three available procurement are on the horizon, following procedures for contracting authorities to the conclusion of the UK Government’s use: the flexible competitive procedure, the consultation on Transforming Public open procedure and the limited tendering Procurement. The Government has said procedure. The light touch regime will that it is unlikely that the reform of public remain for specified types of services, procurement will be in force before 2023 but as a result of concern expressed in the the Government intends to make resources consultation over the Government’s proposal available before then to help contracting to remove this. authorities prepare. Contracting authorities will only be able The Government intends to establish to use the limited tendering procedure in statutory objectives and principles of specified circumstances. In recognition of procurement and enshrine them in the need for contracting authorities to be legislation. The current sets of regulations able to procure quickly in an emergency, will be consolidated and integrated into a the procurement regulations will give single uniform regulatory framework. The power to a Minister of the Crown to declare system of procurement procedures will be when action is necessary to protect life

and allow contracting authorities to use the The requirement for award criteria to limited tendering procedure within specific relate to the subject matter of a contract parameters. Contracts which are awarded will remain but the Government will be in reliance on the emergency provision will able to set specific exceptions to this. be exempt from automatic suspension if they In recognition of the tension between this are challenged. Other provisions that will be and section 17 of the Local Government Act introduced in the new procurement regime 1988, which obliges local authorities to award include: contracts without regard to non-commercial considerations, provision will be made The basis of evaluation in a procurement for section 17 to be disapplied in certain will be changed to find the most circumstances, so that local authorities will advantageous tender, rather than the be in the same position as other contracting most economically advantageous tender. authorities to make use of the reforms to This does not lessen the importance of the public procurement regulation. economic benefits provided by contracts but it is intended to make it clearer to contracting There will be two types of framework. authorities that they can take a broader view Closed frameworks will require contracting when assessing tenders. authorities to appoint all suppliers at the pages 15 & 16

start of the framework. Open frameworks will allow In preparation for the introduction of the new new suppliers to join at least once during their term. regulations, the Government intends to offer: The Government intends to carry out a wide • Knowledge drop webinars to give people a refresh of the regime for exclusions from foundation level of understanding about the participation in procurements. changes. It will also publish statutory guidance on exclusion grounds to help contracting authorities when they • A programme of self-guided online learning about consider and apply these grounds. The Government the new procurement regime. intends that the concepts of mandatory and discretionary exclusion grounds will remain but that • Deep dive webinars to provide more intensive, in- exclusion grounds will focus more on suppliers who depth webinars for people who have completed the pose an unacceptable risk to public confidence in online learning. procurement, effective competition for contracts or reliable delivery, and on protection of the public, the The Government also intends to foster communities environment, national security interests, public funds of practice where people involved in procurement or the rights of employees. can share best practice, challenges and opportunities. Procurement regulations will be designed to embed transparency throughout a Although the introduction of the new procurement procurement process. regime may seem some way off, there will be a lot Contracts with a value above the threshold of changes for contracting authorities to deal with. application for the application of the procurement Anyone who works on public procurement would regulations will be required to publish various be well advised to make full use of the resources notices. These start with a planning and pipeline available to prepare for procurement reform. notice, in which contracting authorities who expect to spend more than £100 million on contracts in a financial year provide advance information on planned procurements and go through to a contract award notice in which contracting authorities report on their intention to award a contract. Once a contract has been awarded, contracting authorities have further obligations to report on them with contract detail notices, contract implementation notices, contract change notices if applicable and contract termination notices.



Any authority which is Strengthening the position for public authorities< managing PFI contracts Tindall v Chief Constable of Thames Valley Police HXA v Surrey may find it useful to read and YXA v Wolverhampton recently added to the line of cases guidance published by the confirming that no general duty is owed by the public sector to Infrastructure and Projects Authority on Preparing for protect one individual from harm by another. DAC Beachcroft have now secured the strike out of a claim against Thames PFI Contract Expiry. The guidance is intended to help Valley Police, which further strengthens this line of authority. You can read the full details including the Court of Appeal’s authorities prepare for the summary of the state of the law here. end of a contract and man- age the transition to future 01 provision of services. The guidance, which is supple- < 02 mented by a toolkit of docu- ments, is available here. Reform is on its way for children, < 03 families and Local Authorities, with the School White Paper and SEND Review both due at the end of March 2022 followed by Children’s Social Care Review led by Josh McAllister. These will set out a ‘direction of travel’ for local authorities and it will be helpful to track proposed changes and themes to get a taste of what is to follow. Add to this the Human Rights Act Reform and it will be interesting see how reforms complement one another or not.

04 > The recent High Court decision in Romeo Dance Academy Ltd, R (On the Application Of) v Milton Keynes Council [2022] EWHC 475 (Admin) is a reminder to make sure that your officer scheme of delegations is fit for purpose and followed. A decision to grant planning permission was granted by a planning officer under the scheme of delegation. This was challenged by an objector on the basis that the officer had failed to consider the wording of the scheme of delegation which stated, “No delegated decision shall be made where the development in the opinion of the delegated officer is likely to be of a controversial nature…” The judge rejected the claim stating, “The words he [the officer] used are not a precise enunciation of the test in paragraph 2 because none was needed. The important point ... is that he focused on the only possible indication of controversiality, namely the scale of public interest in the application.” The case shows that courts will adopt a pragmatic approach to interpreting officer decisions under schemes of delegation but is a reminder that if the rules are not followed decisions can be overturned. At a Glance In brief: legal tips from our partner firms pages 19 & 20

Law Society Local Government Law & Practice Diploma sponsorship For the second year in succession, the NWLC is offering sponsorship to two people from its member organisations

The Law Society Diploma in The lucky recipients of the Local Government Law and sponsorship last year were Practice is a one-year self- Ceri Kay from Cheshire East study course which can help: Council and Adam Brislen from the Liverpool City • improve your knowledge Region Combined Authority. of local government law On the next page they have and practice each taken a short break from their ongoing studies to • demonstrate your tell us about their experience commitment to the field of undertaking the course so far. • your career progression to more senior posts This year the NWLC will If you or a colleague are again be offering those keen to step outside your eligible and employed by a comfort zone and reap the member organisation the personal and organisational opportunity to apply for benefits of doing so by sponsorship towards the undertaking this Diploma course and examination course, get in touch. fees for the Law Society’s Local Government Law and Practice Diploma. Find Out More Contact Beryl Heath at [email protected] for details of how to apply for the NWLC sponsorship. Applications close noon 19th April. pages 21 & 22

Law & Practice Diploma: what’s involved? Adam Brislen, Senior Commercial & Projects Solicitor, Liverpool City Region Combined Authority At the time of writing, I am quickly all worthwhile and gave me a benefited from getting out of my approaching the submission date renewed confidence in myself and comfort zone and talking to new for my second project and feel my ability. people in the study group who that time is against me. Time has have all been amazing support for been the most difficult part of the I have benefited from the course the Diploma. course - it is very difficult after so – firstly with renewed confidence many years to get back into the in myself and my ability to not As for whether or not the NWLC swing of studying especially given only do my job but to take on should offer the sponsorship again I now have other commitments. new things and learn new skills. then I would say definitely. I was I have joined a study group and Secondly, I have learnt so much not aware of the course before don’t believe I could have done it about the governance side of NWLC advertised it and it is without having them to bounce things which has expanded my unlikely that I could have asked ideas off and check that I am on practice as previously I have for funding from the training the right path. After handing in my always relied on “the managers” budget for such an expensive first project I was elated when I in respect of governance matters. course. Also the fact that I was received my results and that I had, Reading and researching for selected after having submitted an to my surprise, achieved a very my projects has led me to read essay application was rewarding high mark and positive comments numerous Local Government Acts and again provided that sense of from the marker. This made it and guidance etc. Finally I have achievement.

Ceri Kay, Principal Lawyer (Childcare Team), Cheshire East Council Being granted funding to complete support. I have been able already this continues this ethos. Studying the Diploma in Local Government to contribute e.g. to offer my this course has given me greater Law and Practice has enabled me support with Standards work. perspective and breadth of to study subjects completely out of knowledge on the role and status my practice area. For example, I Without this grant I would never of Local Government. have so far studied Standards and have been able to do this and the New Code of Conduct, Finance, would remain knowledgeable only Procurement, Subsidy Controls about matters within my job role. and Audit. Given that child protection work heavily comprises women, an I would not have been able to indirect result of this grant will study the course without financial help encourage more women to assistance. The pace of work in gain knowledge and progress. It child protection means that I would has already encouraged others to never be able to carve out time think about gaining this knowledge to learn in depth as the ‘day job’ which is a real positive. Helping to demands my attention and it has support those gaining knowledge enabled me to focus time each is a clear function of NWLC in week to study with my manager’s terms of training provision and pages 23 & 24

Free NWLC training 2022 Health and Social Care Bill/ICS’s DAC Beachcroft 10am - 11am 26.04.22 Describing the new structures created under the legislation, as well as the duty for NHS bodies to have regard to the “Triple Aim” when exercising their functions and an introduction to NHS provider selection. Governance Update Beginners Guide to Section 106 Agreements Bevan Brittan & Weightmans 9.30am - 1pm 10.05.22 Geldards 10am - 11am 12.05.22 Join Bevan Brittan and Weightmans for this in person event, as they provide an update An introduction to section 106 planning obli- on Governance issues and challenges gations, both legal requirements and practical facing local authority teams. issues. For In-house lawyers with no / limited experience of section 106 planning obligations and planning, highways and housing officers.

Grant Funding Trainee Programme: The Fundamentals of DAC Beachcroft Local Government 10am - 11am 18.05.22 Weightmans This session will cover: Grants – making 10am - 11am 25.05.22 and receiving them; Grants and Convertible loans; Grants -v- contracts; Implications of An introduction to the legal basis for local Subsidy Control and State aid. authorities. Includes: The structure of local government; Powers and decision making; The role of officers and members; Functions. Trainee Programme: Making an In-House Team More Commercial Geldards 10am - 11am 08.06.22 An introduction to working commercially and generating income for a local authority. Ex- amining income generation, associated legal issues, plus business planning / marketing. pages 25 & 26

Lifesavers: North West Air Ambulance After a sudden collapse, the North West Air Ambulance Charity helped save Erin’s life. Now, her big chop fundraiser helps us save the lives of others by ensuring vital funds for our service

It’s every parent’s worst nightmare. 7-year- sends electrical pulses to regulate abnormal old Erin was playing with her sisters, Jessica heart rhythms. Once fitted, Erin was quickly and Lucy, when she suddenly stopped strong enough to leave the ward and a week breathing, collapsing to the ground. Within later Erin joined her sisters back at school. a minute of Erin’s collapse, her mother, Clair, had started CPR and The North West Air During the trauma of her incident, Erin Ambulance Charity (NWAA) were quickly started to lose hair from the back of her on their way, landing a few minutes away in head. This 50p size area luckily grew back, a field at Erin’s school. but Erin said how much she wanted to cut her hair to donate her hair to the Little North West Air Ambulance Charity’s Princess Trust, a charity who makes wigs helicopters and rapid response vehicles for children with hair loss. Through her operate 365 days a year, with highly skilled sponsored haircut, Erin was able to donate specialist doctors and helicopter emergency her hair to the Trust and raise money for medical service (HEMS) paramedics on NWAA too! The money raised by Erin for her board providing pre-hospital care and sponsored haircut was matched by Rob’s hospital transfers to patients across the employer, Beaverbrooks, and now totals entire North West region each year – an area around £3000! covering 5,500 square miles and over 8 million people. Beaverbrooks also donated a defibrillator for Erin’s school. Unfortunately, the nearest Erin was then taken by land ambulance with defibrillator to the family was too far to get to the NWAA HEMS paramedic to Blackpool in time, and if it wasn’t for Clair’s incredible Hospital where she was placed in a coma to CPR efforts, and the quick response of both stabilise her. After this, she was transferred NWAS and NWAA the outcome could have to Alder Hey. been much different. As this had taken place at the height of the The North West Air Ambulance Charity pandemic, her parents, Rob and Clair were unable to be inside the hospital immediately. receives no NHS or government Eventually, they met Erin at PICU but sat helplessly by her side before she was funding. Just as many critically injured brought around after a couple of days. patients would not survive without Erin was in hospital for a month, unable to leave her ward at all due to COVID. Rob and the service that the charity provides, Clair were also separated from their two other daughters who were unable to visit the North West Air Ambulance would their sister in hospital. not be here without Four weeks after Erin had collapsed, she was fitted with an Implantable Cardioverter the support of its Defibrillator (ICD), a small device which that community of fundraisers and partners. Click here to Donate pages 217 & 1288

Bevan Brittan Training Events Also, in the next few weeks At Bevan Brittan we have we will be seeking your been coordinating your input for new topics for the training events and have 2022-23 training events arranged a great line up of programme, so please do both webinars and physical feedback and let us know events, taking place between your thoughts. now and the end of May. We have also introduced a new Trainee Programme schedule, consisting of four topical webinars. Please do forward these event dates to your junior colleagues and encourage them to attend. It would be great to see them. DAC Beachcroft Social Value Project Legal Training, webinars and Precedents can be Last year we were delighted and podcasts accessed via the secure area to share the first annual ‘THE NWLC PARTNER of the website under the NWLC FY20 Social Value ADDED VALUE OFFER 2020 Publications Tab. report. The report brought – 2024’ (see Winter 2021 together and celebrated edition of this magazine, For further information on the collective social value pages 37-40) includes the Social Value Project effort of the NWLC Solicitor access to a wide range of or Legal Training, please Framework Firms. We will knowledge management contact Rebecca Richter at soon we be reaching out resources from the Partner DAC Beachcroft (rrichter@ to all the NWLC Solicitor firms, including free access dacbeachcroft.com). Framework Firms to to legal research, access request their figures for to legal libraries and FY21 in order to showcase document precedents to the excellent social value NWLC members. Legal contributions from the research and libraries NWLC Solicitor Framework can be accessed via your Firms later on in the year. key partner firm contacts

Geldards partner firms - value added The Public Sector Team In addition, the team continue at Geldards continue to to work closely with the provide a range of valuable NWLC Management Board services for all 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. 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 Bank This is the members’ The Precedent Bank has precedent bank so if you now been up and running develop any precedents for a little while. We would which you think would be of welcome any feedback on assistance to your colleagues areas where you would in other authorities please like us to include further do share it and we can place precedents and please do let it in the bank – with the us know if you have found it appropriate disclaimers of useful. course! We also operate a precedent on demand service where you can make a request for a particular precedent you are looking for and the partner firms will provide one wherever possible. pages 29 & 30

Latest from the trainee forum As the Consortium Management Board seeks a new Trainee to join the Board, we look at what previous Trainee Board members made of the opportunity...

Aaron trainee update Aaron Byrne to engage. This involves both working in a team and working Warrington Council NWLC in a leadership position and so I Trainee Board Member from 2017 have gained first-hand experience then Board member to date of managing risk, negotiating and setting a strategic vision. In an age I applied to join the NWLC of rapid social and technological management board as a trainee change, I helped the Board focus solicitor at Sefton Council, I was also on engagement with members and relatively new to local government partners through social media and having started my legal journey we now have a strong presence on in private practice. When the LinkedIn which has increased the opportunity to join the Board arose I online presence of the NWLC. As was at the point in my career where someone with a strong interest in I was considering the next steps - contracts and procurement I was what better way to help decide than able to help the Board during the to fully immerse myself in the local re-procurement process and this government world? also allowed me to broaden my skills through collaboration with other Nearly four years later and no member organisations. longer a newly qualified solicitor I can honestly say that the decision to While being a good Board apply was one of the best I have ever member requires dedication and made. It helped cement the decision commitment, it doesn’t take up a that a career in local government huge amount of time. The Board was the right one for me. usually meets [6–10 times] per year and most meetings will be under two I hadn’t appreciated the level of hours and offer a great opportunity engagement that exists between the to network, meet interesting new Board and its partner firms through people and develop your network of regular steering group meetings. contacts and opportunities, making I was also amazed to see just how it the perfect way to expand your much effort and attention the Board professional and personal network. commits to supporting its member To any trainees who are interested organisations through arranging our in joining the Board I would 100% fantastic training events and annual encourage you as this is the perfect conference. As a Trainee Board forum to broaden your involvement member I was required to contribute in the local government world ideas and knowledge to help develop and hone your team working and the annual training programme judgement skills. and conference including helping to decide on the topics that will be covered and which speakers pages 31 & 32

Harriet Sian Harriet Vitty Sian Edwards Wigan Borough Council NWLC Trainee Board & NWLC Trainee Board Member 2019 to date Member from 2020-2021 I would encourage any local Generally the role of a NWLC When I started as a Board government trainee to apply to Board member involves attending member, my focus was on become a Trainee NWLC Board our meetings and taking decisions being able to share common Member. During my time as a on behalf of all consortium experiences, knowledge, and trainee Board member, I always members, including decisions support to trainees in other felt respected as an equal during about the training programme member organisations. Board Meetings with my opinions and spending of the budget. In heard and considered in relation particular the Trainee Board Having been a Board member for to ways that the consortium could member is there to promote the a couple of years I feel I have support more junior members interest of Trainees. i.e. to ensure reaped the benefits of meeting of legal services within member that the decisions the Board and networking with both fellow organisations. makes take in to account any trainees and also some of the special considerations that may Heads of Legal who sit on our I felt the NWLC Board were apply to trainees. The Trainee Board. The experience has also keen to welcome new and fresh Board member also helps update challenged me in different ways approaches to engaging with our LinkedIn page and writes a to that of my training contract. As consortium members for example piece in the Consortium Quarterly a member of the Board I have to via social media and Training on legal updates that trainees consider proposals, form my own for Trainees. Working in Local may find interesting, or action view (perhaps coming up with Government, particularly within taken to get trainees involved in a contrary view at times) and the legal sector, can sometimes the consortium. Have a look at have the confidence and ability feel quite isolating however previous editions to give you an to constructively put those views as a Trainee Board Member I idea of the sort of things we get across to other Board members. was reminded that there are a up to. community of lawyers who are willing to support and impart The biggest draw for me in their wisdom and experience. applying to be a NWLC Board If you have ideas as to how the member was the ability to NWLC Consortium can help network with lawyers from support trainees, what better way authorities all over the North to get involved. West.

trainee update Like to be a Trainee Board member? To apply or simply learn more about the role, contact Beryl Heath at info@ nwlegalconsortium.com pages 33 & 34

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 Chief Legal and Democratic I leave it to better legal brains then Officer and Monitoring Officer at me to devise a way of doing this, Sefton MBC. I have worked in a local but I would reform the Freedom of government legal department for Information Act to allow genuine 38 years, starting as a scale 1 admin requests in the public interest to be assistant and have been a qualified considered, but not journalists and solicitor for 28 years. I have practised students getting free research or pretty much all areas of law to a varying dealing with local activists with an axe degree with the exception of property. to grind against the Council. The majority of my time as a Senior Legal Assistant and Solicitor involved How do you relax? both children and adult protection - challenging but also very rewarding. While my aging knees allow I play 6 a-side football at least once a week Career highlights have been supporting and have been a season ticket holder a police investigation into historic at Liverpool FC for nearly 30 years. child abuse which at the time was the Thankfully, supporting the best team in largest that had been undertaken in the world means there have been more the UK, being heavily involved with highs than lows. In my youth I did a lot the criminal prosecution of two boys of walking and occasional climbing charged with murder, having the and I am determined to find the time to responsibility of defending a number start again – walking that is! of multi-million pound group actions, and being involved with some complex High Court litigation. I have also spoken in the Court of Appeal and Lord Justice Dyson later said I had represented my client “with aplomb”. What does your role currently involve? What’s the one thing about you that would come as a surprise to most people? There our 3 main aspects to my role. The most fun I have had at work was Firstly, I am the chief legal adviser as a part-time sales assistant in the to the Council concentrating on AV department of John Lewis. The job governance issues. Secondly I manage basically involved playing music all five services: Corporate Legal Services, day and trying out all the new gadgets. Democratic Services, Elections Team, Showing my age here, but it was just Registrars and Support service to when CDs came out and they had a the Senior Coroner for Sefton, St. special sound room to play CDs on the Helens and Knowsley. And last but latest equipment. I sold a Sony Walk- by no means least, I am the Council’s man to John Inmam and a TV to Ian Monitoring Officer. McCulloch of Echo and the Bunnymen.

in profile David McCullough Chief Legal and Democratic Officer and Monitoring Officer at Sefton MBC & the former NWLC Management Board Chair 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 New LLG Website Human Rights Reform Consultation January saw the launch of the new LLG LLG are currently working on our Human Website which requires members to activate Rights Reform consultation response together their account to access training and events, with both oral and written evidence before resources and much more. Uptake continues the All Parliamentary Group examining to increase but members are urged to Kinship Carers and lack of legal aid. If you activate as soon as possible to avoid have anything you wish to contribute to either missing out. workstreams, please let us know. Current Reviews Remote Meeting Campaign We are currently carrying out a Branch Our campaign on remote meeting provision Review and National Lead Review continues. We have more than 10,000 consultation which we would encourage all signatures on our joint petition with ADSO members to complete in order to inform how and have published out a model motion for the organisation might look in the future. The Council meetings along with stakeholders for short surveys are vital to our future strategy adoption. We continue to write to ministers so please do take the time to have your say. and galvanise as much sector pressure as possible to bring about a legislative change.

LLG latest National Lead Vacancies Awards 2022 We have now closed our applications for Finally, we have launched our Awards 2022 election to the LLG Board Director and with five category areas: National Lead area positions. We are very excited to see some new names in the mix 1. LLG Legal Project Team/Individual of the for nomination to the AGM on 7th April 2022 Year (which will be held remotely). 2. LLG Junior Lawyer of the Year We still have vacant positions in the two 3. LLG Lawyer of the Year National Lead Areas of Children Services & 4. LLG Legal Team of the Year Education and Information Management. If 5. LLG Significant Contribution to Local you are interested in either position please do contact me for an informal chat. Government Law and Practice The deadline for nominations was 4th April 2022 with the hybrid event taking place at the LLG Spring Conference. pages 37 & 38

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 Immerse yourself today and be sure that and guidance updates, and the legislation you’re providing up to date and reliable coming into force, so you can rest assured information when it matters, using LexisPSL you’re being kept well informed. and LexisLibrary. To take a closer look into what’s on offer, LexisNexis share cases from the High Court relating to Children’s social care, education, housing and more. The policy papers and guidance provide View the analysis on the recent Levelling Up white latest paper from the housing and planning perspectives, together with details of the bulletin government’s response to their consultation here > on the public procurement green paper. As well as access to up-to-date legislation coming into force, LexisNexis has partnered with the Local Government Lawyer to host a series of free events and useful webinars, diving into topical issues and key legal developments affecting the public sector, particularly for those working in local government.

pages LexisNexis legal bulletin 39 & 40

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: Landing stage on Coniston Water, Lake District; top right: Radio City Tower, Liverpool; bottom left: Sir John Barrow Monument, Ulverston; bottom right: Piccadilly Hotel, Manchester. © NW Legal Consortium March 2022. 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.