-
Local government continues to face unprecedented challenges, in uncertain times:
- Austerity cuts continue to take their toll with future funding formula unknown, hard political choices are being made about whether to cease or reduce the provision of services, introduce charges where appropriate, how to raise revenue and/or transform what is on offer.
- This is the context of the pandemic with increased demand for services; the reshaping of place; travel and transport changes; uncertainty about the future of work and working patterns; net zero and decarbonisation impacts and policies; with consequences for how communities live and engage.
- Many councils pre-pandemic were reduced to the core, with the focus largely on transformation, taking advantage of technological developments and different ways of providing services, in order to reduce cost and still meet statutory duties. These challenges are harder in re-shaping and reimaging a future with few wishing to return to the way things were.
- As councils have shown their value in the pandemic, understanding local issues and solutions has never been more important but councils have been shrinking with many roles at a senior management level stripped out, reducing corporate memory, skills and experience available to face the challenges and innovation required for the future.
We bring a strength in breadth and depth in working to find solutions; fix problems and avoid challenge helping councils redefine their roles; find the means and solutions to do so; whilst managing service demands and scrutiny from politicians, the public and other stakeholders.
An emphasis on thorough legal, financial and technical input into decision making and procedural compliance will be critical in all these aspects.
They have demonstrated good experience in their respective areas, the ability to respond quickly and in an agile way to meet priorities, making their advice easily understood by non-lawyers.
Bevan Brittan's experience is unrivalled in advising councils nationwide across all legal skills. Ranked as a tier one firm for local authority practice, we bring broader experience from our market leading health and housing practices. We pride ourselves on the practical, high quality and innovative advice, ensuring you receive bespoke solutions to meet your needs.
The latest Local Government news and articles can be found at Bevan Brittan's Insight Information Hub
-
Our local government practice acts on behalf of every local authority in England - including several of the new combined authorities, and a significant number of police and fire authorities. This gives us an unrivalled perspective on the range of issues you face and the solutions many are considering and the issues arising from implementation.
Core members of our team have worked in-house for local authorities, and this adds another dimension to our skill set. We truly understand the internal structures, pressures, processes, decision making and cultures that define local government organisations. We work with in-house legal teams, officer teams, senior management and members, as necessary.
The advice provided by Bevan Brittan is always detailed, accurate and in a user-friendly format.
Our depth of expertise spans all aspects of council activities to provide you with a complete legal service: from planning and procurement to governance and new structures and models, property and regeneration, people issues and dispute resolution and regulation.
We actively provide advice related to all types of council services including:
- regeneration
- housing
- education
- adult social care
- children's services
- transport and highways
- back office support; ICT and digital services
- finance, investment and treasury management services
- asset management, facilities management and construction
- leisure and cultural services
- environmental and planning services
- waste, energy and renewables.
We have 30 partners primarily focused on this market, ensuring our clients have access to specialist lawyers familiar with the sector, the legal issues and the practical considerations in the provision of your services.
-
Complete legal support
Bevan Brittan was appointed in 2013 following an external tender as the partner firm of HB Public Law. This relationship is based on the firm supporting HB Public Law as the preferred external legal advisor to the five councils who are part of the shared services arrangement.
We have advised HB Public Law/the five councils on a full range of projects over the last four years, drawing on all the firm's technical skills. The projects include
- advising on a disputed contract involving the development and refurbishment of the schools estate in one of the boroughs including construction and litigation advice
- setting up a number of development vehicles including a housing development company – this involved powers, commercial and corporate advice.
- advising LB Barnet on its £150m public procurement/tendering process, appointing a strategic construction partner (7-year joint venture) delivering a capital construction programme for Council sports/leisure activities, schools/educational, libraries, community facilities involving construction, procurement, commercial colleagues.
- advising on constitutional and governance issues including member conduct, decision making and constitutional interpretation.
The range of services has helped support the in-house team offering us good insight to the daily pressures on clients to deliver.
Supporting major projects procurement and contract management
We have advised Birmingham City Council for many years on a series of major projects and transactions, all of which we have secured through tender. These projects have ranged across all our skill sets, both contentious and non-contentious:
- advising on the £1bn Birmingham Smithfield mixed-use development, construction and regeneration, developing 2,000 homes, 300,000m² retail/office space, forming the principal investment "hub", a catalyst for £5bn+ of Birmingham-wide 20-year public/private investment
- advising on the waste strategy for the expiring contract and facilities and future provision
- advising on the city council's energy company arrangements – this involves our specialist waste and energy team together with corporate, commercial and procurement colleagues who specialise in utility regulated procurement
- supporting the project to set up a Children's Trust following intervention by the government.
Our long held experience in complex procurements puts us in a good position to provide practical and commercial advice on contract management and structuring future options of delivery across a range of critical services.
We know that many of our local authority clients are either facing, or about to face, one of the most difficult and financially challenging times of the 21st century. With an estimated £4 billion funding gap over the next two years, local authorities are going to have to make some tough decisions around service provisions for their constituents.
Whilst we know that 2024/25 will bring the opportunity to increase general council tax by 3%, without the need for a referendum, and those with social care responsibilities can increase adult social care percept by 2%, many are concerned that this will not go far enough to close the funding gap.
Many local authorities are now struggling with their statutory and contractual obligations, and combined with a reduction in their real terms spending power, there are a range of considerations in play to try and avoid having to issue a s114 report.
Where this is unavoidable and a s114 report is issued, the authority is prevented from entering into any new agreement which may involve the incurring of expenditure (at any time) by the authority unless it is to fulfil a statutory obligation or the chief finance officer authorises the local authority to do so (in the limited situations conferred by statute).
In trying to re-balance the books a local authority may need to look at:
- Re-commissioning services so as to achieve best value
- Managing contracts efficiently and effectively, holding providers to account
- Selling assets
- Recovering debts (particularly in respect of adult social care and s116)
- Cutting or charging for non-essential services
- Saving costs more generally (e.g. tackling empty homes)
- Implementing effective spending control measures
- Financial assistance and council tax rises
A number of our clients are asking what we can do to help.
We are working alongside our clients to support them through these tough decisions and to ensure we help maximise the financial benefit of every decision made, whilst considering the impact on their constituents.
Seeking advice now about the options available to you, learning from others that are already experiencing these difficult times and planning ahead will help you support your authority over the next 18 months.
To hear more about what is happening in the market, how we can support you to navigate these decisions and, work together to deliver the best outcomes for your organisation and your constituents please contact us.
*stats according to Local Government Association 6 December 2023.
Legal Insights
Property portfolio expert Rebecca becomes latest senior hire for Bevan Brittan’s Housing team
17/05/2024
View all News
Medico legal issues arising for Pre-Term Babies
30/07/2024
Bevan Brittan Education Lunchtime Training Webinars 2024
View all Events
A new CQC Fundamental Standard
16/05/2024
Visiting and accompanying in care homes, hospitals and hospices
View all Articles