Agenda and draft minutes

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The Leader referred to the notice of filming at meetings and this information was noted.

To receive any apologies for absence.

There were no apologies for absence.

The Chair will consider the admission of any late items of Urgent Business.

(Late items of Urgent Business will be considered under the agenda item

where they appear. New items of Urgent Business will be dealt with under

agenda item 7).

There were no items of urgent business.

There were no declarations of interest.

To consider any requests received in accordance with Part 4, Section B,

paragraph 29 of the Council’s constitution.

There were no deputations, petitions or questions.

The Leader acknowledged the surge in housing disrepair cases, that currently averaged 49 a month with around 1000 open cases in total. Due to this high volume, many cases have been outsourced to law firms, although some continue to be managed in-house.

Legal Services has recently been allocated a budget of £700k for the period 2024/25 in order to build a temporary inhouse specialist Legal Disrepair team within the Litigation Team. On 12 March 2024, the Director gave authority for the creation of that team comprising up to ten additional members of staff on fixed term contracts.

It is envisaged that Legal Services will need additional capacity until such time as the Housing Authority’s plans to manage all unissued disrepair cases and complete repairs on new and backlog cases at the earliest opportunity are implemented and delivered. As such, an additional budget for the purpose of maintaining a temporary inhouse Legal Disrepair team, may be required for the period 2025/26.

Legal Services would initially be hiring agency workers due to the lengthy recruitment process for fixed-term contracts, with plans to transition these workers to fixed terms as per Council policies. A recruitment drive for fixed-term positions is set to launch in April 2024, aiming to form a temporary team of a Senior Lawyer, eight Senior Legal Assistants, and an Admin Assistant. If capacity allows, the Legal Disrepair team might also bring some outsourced cases back in-house.

The leader expressed satisfaction, noting that the report effectively outlined the strategies for future prevention, indicating a clear plan was now in place.

Further to considering the exempt information, the Leader of the Council,

RESOLVED

1. To approve (in accordance with CSO 10.02.1(b)), the variation of the contracts awarded to Ashfords LLP, Birketts LLP and TLT LLP in October 2022, so as to increase the maximum value of each contract by the amounts set out in the Exempt Report;
2. To delegate Authority to the Assistant Director for Legal and Governance to further increase the maximum value of each contract as may be required from time to time provided that the cumulative amount awarded under this paragraph and paragraph 2(a) above does not exceed £2.4M.
3. To note that, subject to budget remaining available from the £2.4M allocation, Legal Services may run a further procurement exercise (or make a direct award) with a view to awarding further contracts to one or more law firms in 2024.
4. To note that recommendations 2(a), (b) and (c) shall not be implemented until such time as the Cabinet or Leader have approved a virement to the HRA budget covering the £2.4M costs of the law firms.

Reasons for decision

The Council is aware that it has significant problems with its housing stock. In cases where the Council has failed to satisfactorily address disrepair that has been reported, tenants and leaseholders of such housing are entitled to escalate their concerns through legal channels by issuing a pre-action letter and / or issuing legal proceedings. Typically, where legal action is pursued, this will  ...  view the full minutes text for item 14.

Item 8  is likely to be subject to a motion to exclude the press and public be from the meeting as it contains exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3 and 5, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

To exclude the press and public be from the meeting as it contains exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3 and 5, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

As per item 14.

None.