Insight Local Government Lawyer Insight July 2017 3 Welcome to Insight Welcome to the first edition of Local Government Lawyer’s Insight magazine. The introduction of a quarterly publication will give us space to analyse in greater detail some of the most pressing issues faced by the sector, such as the impact of IR35 on the crucial locum market. Faced with a fall in pay of almost 30%, will locums vote with their feet? What can departments do to avoid a staffing crisis? In each issue we will also bring you an interview with a key player – we talk to Geoff Wild about plans for the development of Invicta Law, the alternative business structure coming out of Kent Legal Services with ambitious growth targets. How will they be met? We will also focus on two areas of practice in each edition, kicking off with governance and housing. Among the topics covered this time are ‘commercial councils’, possible changes to the standards regime, addressing legal risks after the Grenfell disaster, and a review of the 2014 changes to anti-social behaviour remedies. We are aware too that there is life beyond practising law in the public sector! So we bring you news from Myanmar of Stephen McNamara, consultant at Veale Wasbrough Vizards and former Head of Legal Services at Bristol City Council. We hope you enjoy Insight. Please do send any comments – including what/who you would like to see in future issues – to me at the address below. Philip Hoult, Editor, Local Government Lawyer philip.hoult@localgovernmentlawyer.co.uk Contents Taxing times, p4 Changes to the tax regime for locum lawyers threaten to disrupt the supply of a vital source of staff for local authority legal departments, writes Neasa McErlean. Brave new world, p8 Derek Bedlow speaks to Geoff Wild to hear his plans for Invicta Law, the ABS launched in June by Kent County Council. Making connections, p12 Paul Phelan reports on the South London Legal Partnership’s digitised courtroom scheme, a first step towards the development of online courts. Striking a balance, p14 Helen Edwards looks at how the expertise in private practice firms can be utilised without breaking the bank. Arbitration - pain or panacea? p17 Ron Cheriyan of Waltham Forest Council reviews the main benefits and drawbacks of arbitration for local authority disputes. Spotlight: Governance ● Standards in England – time for a review? p21 Mark Heath argues that the standards regime introduced by the Localism Act 2011 is not working as intended and needs a rethink. ● Good governance in a 'commercial council', p24 As more authorities follow the ‘commercial council’ model, Richard Auton and Kate Webster evaluate the risks that come with the rewards. ● Economic Prosperity Boards - the missing link? p27 Rob Hann looks at the advantages of the Economic Prosperity Board model for authorities unwilling or unable to embrace large-scale devolution. ● Scrutiny – valued and effective? p30 The Centre for Public Scrutiny’s annual survey highlights improving attitudes to the scrutiny process but areas of concern remain. Spotlight: Housing ● Cladding, high rise and remedial works: risks and responsibilities, p33 Charis Beverton assesses the fire safety risks for local authorities and social landlords associated with cladding materials following the Grenfell Tower disaster. ● Fit for purpose? p35 Scott Greenwood gives a registered provider’s perspective on the effectiveness of the Anti-Social Behaviour Crime and Policing Act 2014. ● Weathering welfare reform, p37 Sarah Mansfield looks at the effect of recent and forthcoming welfare changes on social housing landlords and their tenants. Burmese days, p39 Stephen McNamara, former head of legal at Bristol City Council, is currently volunteering setting up justice centres in Yangon. Here he gives his first impressions on life and the law a long way from home. Local Government Lawyer www.localgovernmentlawyer.co.uk Editor Philip Hoult philip.hoult@localgovernmentlawyer.co.uk Publisher Derek Bedlow derek.bedlow@localgovernmentlawyer.co.uk Advertising Leanne Rowley leanne@localgovernmentlawyer.co.uk 01625 666 395