Decision details

Legal Provision

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. 

 

 

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.

 

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.

 

Publication date: 13/10/2022

Date of decision: 13/10/2022

Decided at meeting: 13/10/2022 - Executive

Effective from: 21/10/2022

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