Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Decisions:
The
Chair introduced a report that set out
how legal services were currently received by the Council, reviewed
the options for legal provision and recommended that the Council
utilised an in-house service to provide legal advice across unitary
functions to support the Council in the future.
RESOLVED
KEY DECISION
That the Executive
i)
Agreed to the in-house
delivery of legal services (Option 4 within the body of the
report)
ii)
Noted the implications of agreeing to Option 4 as
outlined in the report.
iii) Delegated authority to the Chief Executive, Shareholder
Representative (Cllr Lloyd Bunday) and Shareholder Business Partner
(Monitoring Officer) to serve the written notice of termination on
Pathfinder Legal Limited with immediate effect.
iv) Noted that the loan to Pathfinder Legal Limited amounting to
£237,500 will be re-payable to the Council through quarterly
instalments over a 24-month period.
v)
Delegated authority to the Leader of the Council in
consultation with the Director of Governance and HR to effect the transfer of the
Council’s shares in Pathfinder Legal Limited to
Northamptonshire Children’s Trust.
vi) Delegated authority to the Leader of the Council in consultation
with the Director of Governance and HR to negotiate and take all
necessary steps to effect the Council’s termination of its
shareholding and receipt of services from Pathfinder Legal Ltd
including as necessary the execution of relevant agreements with
Pathfinder, West Northamptonshire Council and Northamptonshire
Children’s Trust in relation to the transfer of
shares.
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Alternative Options Considered – Alternative
options of remaining with a mixed legal provision or transferring
all legal services to Pathfinder Legal Ltd have been considered and
discounted. The reasons for this are set out within the
report.
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Reason for Recommendations – An in-house provision is the
model of service provision adopted by many local authorities across
the country. The model allows the Council to retain control of its
legal advice and expertise with the flexibility to deliver the
service as needs arise. It also allows a clear line of
responsibility, accountability, and governance.
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Publication date: 13/10/2022
Date of decision: 13/10/2022
Decided at meeting: 13/10/2022 - Executive
Effective from: 21/10/2022
Restricted enclosure View reasons restricted