Monitoring Officer Report Monitoring Officer Report April 2018 21 senior role in the hierarchy, and less support as governance experience reduces with increasing legal specialism. This will not be an accurate depiction of all councils, and some monitoring officers still have ready access to decision makers, whether part of the senior leadership team or not but it is clearly a depiction that will be familiar to a fairly significant number, judging by the responses to the survey. For monitoring officers who find themselves in that position, it is not a comfortable place to be, and some of the comments received in response to the question: “How do you see the Monitoring Officer role developing in the future?” Include: ● “… it will degenerate rather than develop unless the role gains recognition it deserves” ● “… less and less able to know what is happening” ● “… if present trends are maintained, day-to-day life as a functioning monitoring officer will get more difficult as they are pulled in different directions and local authorities struggle to cope with financial cuts” In response to the question “Has the role become riskier in recent years?” 37% of respondents to the survey said that it had become “significantly so”, and a further 48% considered that it had become “moderately so”, an overwhelming majority, with 14% reporting “no real change” and only 1% each reporting “moderately less risky” and “significantly less risky”. This suggests that, in some councils, there is a very real risk to good corporate governance, unless monitoring officers are given the support and authority that they need to perform the role effectively. The picture is not completely gloomy, and it can be seen from some of the comments that where arrangements work well, the monitoring officer is an integral part of good governance. Common themes creating a stronger position for the monitoring officer were: ● A voice on senior management teams to add value to the governance of the organisation; ● Strong relationship between the statutory officers (Head of Paid Service, monitoring officer and s151 officer); ● Governance being at least as important as the letter of the law; ● Emphasis on being able to advise on powers relating to, and governance of, commercial models of delivering service and raising revenue As councils tackle an increasingly difficult landscape, good governance is crucial. Monitoring officers must be sufficiently skilled to understand the decisions that the council wishes to take, and capable of guiding the council through an appropriate decision making process. If a monitoring officer is not in a position to be heard and understood, the potential risks to the council are unacceptably high. Given the wide range of challenges revealed by the survey, how can a monitoring officer meet the expectations of the role? There is no magic formula that will solve all the challenges, but there are some practical ways to meet at least some of the challenges: Wise use of resources With limited resources, money must be spent wisely. A spend review will always identify efficiency opportunities, which might include: ● Changing the mix of the team, carrying out work at the most appropriate level, enabling senior practitioners to provide legal advice rather than spend too much time on management; ● Developing a business case to invest in technologies that will pay for themselves by the savings they make (modern case management systems, electronic bundling, better IT for flexible working); ● Ensuring optimum value for money from external lawyers, through developing or using existing frameworks, or competitive tendering for legal provision. Maintaining access to the best advice If work becomes more challenging as councils take more risks, and behave more commercially, monitoring officers must have access to quick, reliable advice, at a good price. This may be available internally, and monitoring officers should ensure that they and their teams keep abreast of developments in the law and more strategic issues. Most suppliers offer free training resources, and it is a mistake not to take advantage of these, however stretched for time. Maintaining the knowledge to advise on high risk projects, or understand when external support may be beneficial, could save time and costs in the long term. When external advice is required, it should be obtained from reliable suppliers, at a good price. Frameworks can be helpful, but must be used sensibly, and the selection process should ensure that the right person is instructed. This requires research into which firm has acted in similar projects, and who is best placed to advise; it may not always be the cheapest supplier, but could be more cost effective overall, particularly if capped or fixed fees for the advice can be negotiated. Building a network Some of the comments in the survey include “relationships are key”, and “MOs need to support each other. Many no longer attend LLG meetings and network, which I think is a great shame”. Some respondents seemed to have better support than others, within their councils, and it is sensible to develop this as much as possible. But there are also benefits from a personal support network outside the council. With only one monitoring officer in each council, the role can be a lonely one. However stretched for time a monitoring officer is, the role is easier if he or she can sometimes turn for support to others outside the council, who will understand and offer words of wisdom. This may be colleagues in other authorities, or contacts within private practice. Opportunities for networking vary, but monitoring officers would be well advised to develop networks, so that support is available to them when needed. This article only touches on the challenges raised, and potential ways in which monitoring officers could start to meet the challenges. What is clear is that challenges will continue, and monitoring officers will find ways to meet them, as they have always done. In the words of one respondent to the survey: “Look outward and forward…and don’t wish for ‘the good old days’”. Tim Morel is director of Kennedy Cater Legal. The survey suggests that, in some councils, there is a very real risk to good corporate governance, unless monitoring officers are given the support and authority that they need to perform the role effectively.