Decision details

1.    To approve the joining of Stroud District Council's legal services with One Legal;

2.    to note the delegation of Stroud District Council's legal service functions and the transfer of staff to Tewkesbury Borough Council as host authority;

3.    To delegate authority to the Executive Director of People and Change to enter into the s101 Agreement for the expanded One Legal service.

To enable Stroud District Council to join One Legal from 1 April 2020.

In 2009, Tewkesbury and Cheltenham Borough Councils agreed to set up a shared legal service with Tewkesbury acting as the Host Authority for ‘pay and rations’ purposes. 

The councils entered into an administrative/delegation arrangement through an agreement under sections 101 (1) of the Local Government Act 1972 and under Part 1A Chapter 2 section 9EA of the Local Government Act 2000 and pursuant to the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 (‘the s101 Agreement’). The two authorities also share a Monitoring Officer

On 1 April 2015, Gloucester City Council joined the shared legal service with the Monitoring Officer role being retained in house.

Following discussions between representatives from Stroud District Council’s Corporate Leadership team and One Legal, Stroud District Council’s Strategy and Resource Committee resolved, at its meeting on 3 October 2019, that it would, subject to approval of a Business Case, join One Legal.

A project team was set up with representatives from One Legal / Tewkesbury Borough Council and Stroud District Council to produce a Business Case for consideration and approval by the existing One Legal partnership and Stroud District Council. 

The responsibility for governance of One Legal rests with the Joint Monitoring and Liaison Group (JMLG) comprising two Members and a Client Officer from each authority.  JMLG has monitored and reviewed One Legal’s performance and has actively encouraged opportunities which have arisen for work to be undertaken for other public authorities.  JMLG felt that an expanded legal service would help ensure resilience in the provision of legal services for all authorities involved and it should provide One Legal with an opportunity to generate additional income

Business Case

The Business Case for expansion of the partnership to include Stroud District Council’s legal services is at an advanced stage.  It is anticipated that the Business Case will be approved by all authorities by mid-March, to enable the expanded service to commence on 1 April 2020.

The Business Case also considers the key objectives of the expanded service which will include the following:-

• to continue to provide an excellent legal service;
• to add value and provide supportive influence when required, always identifying and embracing the corporate context;
• to refresh and embed robust processes and procedures to ensure good communication including a case management system;
• to refresh and enhance, in partnership with clients, specific core service standards against which service performance may be monitored;

·           to tailor the case and file management processes to meet clients’ needs; to enhance service resilience and ensuring that work is carried out at the appropriate level;

·           to provide staff attraction and retention opportunities, allowing progression by in-house training, shadowing and mentoring opportunities;

·           to provide service efficiencies through use of a new case management system and streamlined operational practices, processes and procedures; and

·           to maintain and enhance One Legal’s trusted reputation for undertaking work for a broad spectrum of local authorities and other public bodies

It is intended the expanded shared service will be provided for a term of 10 years with a break clause giving an option to partner Councils to terminate the arrangement after 5 years, subject to giving 12 months prior written notice.  Other key provisions in the s101 Agreement will be:-

• Funding / financial / accounting / auditing arrangements
• Monitoring / reporting arrangements
• Procedure for settling disputes
• Termination implications / exit strategy
• Service standards and performance

Financial Implications

Stroud Legal Services annual budget for legal services will be transferred to One Legal. There will be a full review of the financial arrangements by the partnership within the first two years of commencement.

Terminating the current shared service is not considered to be a viable option given the good performance of One Legal for some 10 years and also the opportunity to expand.

If the opportunity is not taken to develop One Legal to include Stroud District Council’s legal functions the additional benefits and opportunities for the partner Councils which are achievable through the expansion of the share service will not be realised.

A Company Model for the delivery of legal services across the four partner Councils is not considered to be a viable option at this stage or within the timescale for launching the new partnership because of the complex requirements of the Solicitors Regulatory Authority.

Director of People and Change

Section 151 officer

JMLG