1 Service Plan 2015/16 Legal and Democratic 1. Service Scope What does the service unit do? The Service Unit provides services which are key to ensuring the Council‟s corporate governance framework is robust, and which facilitate and enable lawful and effective decision making. The Service Unit also provides a number of public facing services to the residents of, and visitors to, the Town. The services can be summarised as follows: Monitoring Officer - the Service Director, Legal and Democratic, is the designated Monitoring Officer of the Council. This is a statutory role, and the Monitoring Officer is required to ensure the Council acts in accordance with the law when making decisions and in carrying out its functions. The Monitoring Officer is, amongst other things, responsible for the decision-making framework of the Council, providing advice to individual Members of the Council as to their roles and responsibilities and issues relating to the conduct of Members. Legal Services - the Legal Services function comprises of two separate teams (i) Commercial (ii) People and Community. These teams have separate Service Managers (who are also able to act as the Council‟s Deputy Monitoring Officers in the absence of the Monitoring Officer). The legal teams provide legal advice and representation, acting on behalf of the Council. The areas covered by the Commercial legal team include property (contentious and non-contentious), contracts, procurement, planning and highways; employment (contentious and non- contentious); local government law/public law, charities/trusts and commercial litigation. The areas covered by the People and Community legal team include child protection, adult services, education, licensing, housing, criminal and civil enforcement. Democratic Services – the Head of Service and team provides support to Members and officers to ensure effective and lawful decision-making by the Council and to promote effective democratic and community engagement. This work includes providing advice and support to individual Members and boards/committees; ensuring reports and minutes of meetings are published in accordance with the legal requirements; providing a charitable collection service* (this service may transfer to Customer by 1 April 2015); providing advice and support to officers in regard to the Constitution and decision-making process; providing support to the overview and scrutiny function and providing a schools appeals service. Electoral Services and Local Land Charges – the Head of Service and team provides all electoral registration services ensuring the electoral register is up to date and election services to ensure that all local and national elections and referenda are conducted in accordance with the law. The Local Land Charges register is maintained by the team, and the team also provides the local property search service on behalf of the Council. Member Support - Providing support for the mayoralty and ensuring that Members have the necessary tools to enable them to carry out their various roles - this includes training and resources such as ICT equipment.
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Service Plan 2015/16 Legal and Democratic
1. Service Scope
What does the service unit do? The Service Unit provides services which are key to ensuring the Council‟s corporate governance framework is robust, and which facilitate and enable lawful and effective decision making. The Service Unit also provides a number of public facing services to the residents of, and visitors to, the Town. The services can be summarised as follows:
Monitoring Officer - the Service Director, Legal and Democratic, is the designated Monitoring Officer of the Council. This is a statutory role, and the Monitoring Officer is required to ensure the Council acts in accordance with the law when making decisions and in carrying out its functions. The Monitoring Officer is, amongst other things, responsible for the decision-making framework of the Council, providing advice to individual Members of the Council as to their roles and responsibilities and issues relating to the conduct of Members.
Legal Services - the Legal Services function comprises of two separate teams (i) Commercial (ii) People and Community. These teams have separate Service Managers (who are also able to act as the Council‟s Deputy Monitoring Officers in the absence of the Monitoring Officer). The legal teams provide legal advice and representation, acting on behalf of the Council. The areas covered by the Commercial legal team include property (contentious and non-contentious), contracts, procurement, planning and highways; employment (contentious and non-contentious); local government law/public law, charities/trusts and commercial litigation. The areas covered by the People and Community legal team include child protection, adult services, education, licensing, housing, criminal and civil enforcement.
Democratic Services – the Head of Service and team provides support to Members and officers
to ensure effective and lawful decision-making by the Council and to promote effective democratic and community engagement. This work includes providing advice and support to individual Members and boards/committees; ensuring reports and minutes of meetings are published in accordance with the legal requirements; providing a charitable collection service* (this service may transfer to Customer by 1 April 2015); providing advice and support to officers in regard to the Constitution and decision-making process; providing support to the overview and scrutiny function and providing a schools appeals service.
Electoral Services and Local Land Charges – the Head of Service and team provides all electoral registration services ensuring the electoral register is up to date and election services to ensure that all local and national elections and referenda are conducted in accordance with the law. The Local Land Charges register is maintained by the team, and the team also provides the local property search service on behalf of the Council.
Member Support - Providing support for the mayoralty and ensuring that Members have the necessary tools to enable them to carry out their various roles - this includes training and resources such as ICT equipment.
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Information Governance – the Information Governance Team comprises the Information Governance Manager (IGM), two Deputy IGMs and an Access to Information Officer. The team‟s core activities include the provision of advice and guidance to the Council on all information governance related matters, delivery of IG training to all Council officers and elected members, development & maintenance of the request for information framework under FOIA/EIR/DPA legislation, managing & responding to corporate requests (those that engage information held by two or more Service Units) and managing other disclosure processes as part of approved information sharing arrangements. In addition the team has responsibility for the further development of the Council‟s IG framework to encourage it to effectively manage and value its information, reduce legal and regulatory risks, encourage transparency, and ensure the security, confidentiality and ethical use of information.
Community Safety - Fulfils the Councils statutory duties in respect of managing the Community Safety Partnership functions for Bournemouth, tackles anti-social behaviour and manages the Town‟s public spaces CCTV system. The Community Safety Partnership focuses on those crimes which pose the most serious risk of harm to the public, including violent crime, domestic abuse & sexual violence. The Anti-social behaviour team, work closely with Dorset Police to co-ordinate enforcement actions to prevent and reduce anti-social behaviour. The CCTV system comprises of over 200 public space and car park cameras, including a number of “deployable” cameras that can be moved around the town.
Registration Services – The Service is responsible for the registration of births, deaths, marriages and civil partnerships which covers ceremony management (Marriages/Civil Partnerships), vow renewals, welcome ceremonies and citizenship ceremonies. It is also responsible for licensing and provision of venues for weddings and civil partnerships. The service delivery is governed by the Births and Deaths Registration Act 1953 and the Marriage Act 1949 and Civil Partnership Act 2004.
Coroners Services – the Council is the lead authority for the provision of H.M. Coroner‟s Services for Bournemouth, Dorset and Poole. The Coroner and his staff provide this statutory service which includes the investigation in to causes of death which are sudden or appear to be unclear or suspicious, and the holding of inquests when required. The Regional Mortuary provision is also managed by this team as well as the Coroners Court and Pathologist Support service.
The Services provided by the Legal and Democratic Services always aim to be:
Professional
Responsive with a „can-do‟ approach
Accessible and approachable
Value for money
Efficient
Innovative
Pro-active
Aware of client/customer needs
Supportive
How are we organised?
Legal & Democratic Structures Charts - All.pdf
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What are our key risks and assumptions? Service Unit wide: Risks
Increase in joint working arrangements and the commercialisation programme and associated governance requirements likely to impact upon resources. Joint working being driven by both local and national initiatives.
Need to further consider structure and undertake to ensure continuous improvement in service delivery. Further efficiencies driven by customer requirements and the Councils Medium Term Financial plan in the light of continuing national government public sector Comprehensive Spending Review.
Assumptions
Assumption that governance arrangements under local government legislation will not change significantly and that the standards framework for local government will not change significantly following 2015.
Significant increase in demand on services required from Commercial team, due to: o Increase in commercial development due to improving market and Council priorities; o Partnership working necessitating partnership agreements, complex procurement
arrangements, employment issues; o Commencement of a number of projects within the commercialisation programme; o Work arising from the inward investment programme; o Increase in school build and school expansion work, and work arising from the
conversion of schools to academy status.
Significant increase in demand for Social Care related services due to: o Implementation of the Care Act; o Continued increase in numbers of children at risk requiring intervention; o Changes in legislation and guidance relating to child protection proceedings;
o Implications of case law relating to DOLS and the increasing work likely due to increased requirements for court of protection applications and assessments.
Housing/Anti-social behaviour/Enforcement – potential increase in demand for legal services in these areas arising from legislative changes including Welfare Reform Act, Localism Act and changes in anti-social behaviour legislation.
Assumptions
External legal support for commercialisation agenda including Community Finance Initiative – an assumption that the support commissioned from external legal providers to support the initiatives and work with the internal team will continue to be available and funding provided to pay for this.
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Elections and Local Land Charges: Risks
Introduction of individual electoral registration – IER. This will continue to have a major impact upon the workload for the Election and Local Land Charges team during 2015. This is driven by national government legislation. The Cabinet Office has/will be providing financial support for Council IT and staff resources to help facilitate the transition to IER. There is the potential for reputational risk if the IER process is not introduced in accordance with the Cabinet Office project plan.
Land Registry proposals to take over all or part of the Local Land Charges function from local councils. If national government enacts draft legislation to facilitate this change there is likely to be an impact on the staffing structure of the Elections and Local Land Charges team with a need to reduce resources. This however, may be balanced by the potential need for additional resources to facilitate Individual Electoral Registration. A further risk is the loss of fee income to cover costs of providing property information not covered by the Land Registry and any staff redundancy costs – it is not known at this stage whether the Land Registry/central government will provide funding to meet such costs.
Local Land Charges – legal action by personal search companies. Whilst the draft settlement figure is known and can be met by the agreed contingency fund the level of legal costs and interest payments will not be known until further negotiations by the solicitors appointed by the Local Government Association to act on behalf of local councils are concluded.
Local elections 2015 – A major change in the political make up of the council could lead to wholesale changes in the Council‟s decision making structure which could have an impact on the resources in the Democratic Services and Member Support team. Flexibility within that team is being enhanced so that the impact of major change in the Council‟s organisation is lessened.
Democratic Services: Risks
School Appeals Service - The remaining community and VC schools will convert to academies on 1 April 2015. This will mean we have no maintained schools in the borough. The relevant Council department providing support for schools could decide to withdraw the £20k it transfers to Democratic Services each year for managing the appeals service for maintained schools. There is also a risk that the schools converting to academies may choose not to buy in our services for appeals which would have an impact on our income. This risk is being mitigated by active marketing of our services to the new academies.
Information Governance: Risks
Unlawful disclosure – continued risk of loss or unlawful disclosure of personal data, placing both reputational and financial risks on the Council
Proposed changes in legislation relating to Information Security and Data Protection. Also the additional requirements placed on the Council to ensure compliance with the Government‟s Transparency initiatives and the Council‟s capacity to respond and meet these requirements
Information Management – resourcing both financially and in human resource terms required for the successful and ongoing delivery/development of any business cases coming forward from the corporate IM Strategy.
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Assumptions
Development of Information Governance Function – an assumption that the existing team can
develop the Council‟s IG function in accordance with its action plan/work programme and
maintain delivery of core business, particularly in light of projected continued increases in
requests for information and access and privacy legislation (32% increase in 2012 to 2013 and
similar projected increase from 2013 to 2014 and reduction in the size of the team from 4 FTEs
to 3 FTEs.
Registration and Coroners Service Risks
Coroners Service agreement and budget model – A new tripartite budget model has been agreed and a new contract signed between Bournemouth, Dorset and Poole Councils with effect from 1st June 2014. The agreement now covers the merger Coroner‟s Service for the whole of Dorset. This service continues to be provided by Bournemouth.
National changes to legal framework within which the Coroners Service is delivered. Last year the changes included proposals to include Medical Examiners. This may have an impact on resources in both financial and human resource terms but to date nothing has been confirmed.
Assumptions
Partnership arrangements with Dorset Police are being reviewed and assumption made that efficiencies can be delivered through the review of the service.
Registration - recent legislative changes for same sex couples to be able have a marriage rather than a civil partnership has not had the anticipated pressure on the service as anticipated. From 10th December 2014 couples who have had a civil partnership can now, if they wish convert their civil partnership to a marriage. Assumption that there will not be a pressure point from this change in legislation.
Registration - that the demand for weddings and registrars services continues at the current rate as should the market change and demand reduce the anticipated income from fees will be at risk.
Community Safety Risks
Change in legislation relating to Anti-Social behaviour increases workload and expectations providing a challenge to meet with small team of officers.
Proposed change in governance arrangements for Community Safety Partnership to Pan Dorset arrangements – risks associated with impact of new arrangements on local scrutiny and arrangements which will be mitigated and monitored.
Risk associated with need to ensure joint approach and relationship with local safeguarding arrangements and other relevant bodies. Risk to be mitigated through implementation of closer working arrangements, and new processes and reporting arrangements put in place further to Ofsted inspection report.
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Assumptions
Pan Dorset proposals not affected by the elections in 2015.
Continued support for CCTV arrangements and anti-social behaviour case officers continue to be supported and current joint working arrangements with the Police continue.
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What were our key achievements last year?
Monitoring Officer Function
Changes and improvements to the Council‟s decision making processes
Review and updating relevant policy/procedural guidance in line with the new standards framework
Management of member complaints in accordance with the Council‟s framework and related legal requirements
On-going review of local schemes of delegation
No successful legal challenges on public law grounds to decisions made by the Council Legal Services
The successful recruitment of three legal officers; one senior lawyer to assist with the group company/commercialisation work, legal officer who it is intended will be responsible for all residential conveyancing matters and one legal assistant to undertake contract administration and section 106 agreements. The appointment of Senior Lawyer is intended to over time, reduce the need for external support in the areas of commercialisation so generating a medium term saving to the Council. The other two post holders will be asked to drive efficiencies in their posts through the development of rigorous processes. It is hoped that this will enable them to broaden the tasks they undertake to support the lower level work currently undertaken by senior team members.
Ongoing legal support for the commercialisation agenda, Community Finance Initiative and Inward Investment work with Legal & General.
Delivery of training in particular to the Children‟s Social Care Team
No successful Judicial Review challenges.
Promptly and successfully dealt with instructions from the client department on unlawful traveller encampments.
High level of legal advice and guidance provided to schools on the conversion to Academies which included property transfers.
Provided comprehensive legal advice and negotiation of contractual terms for the new student accommodation and multi storey car park at Madeira Road which is linked to a new development of affordable housing at Leyton Mount.
Successfully opposed an application for Town Green status at Duck Lane allowing a social family housing development to go ahead.
Service Level Agreements with Academies and Schools completed which has allowed continued income generation.
Continued to provide high level of advice to the Licensing and Planning Boards.
Provided clear and detailed legal advice and support to the Education Appeals Board.
Good customer feedback from the client departments.
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Democratic Services/Elections and Local Land Charges:
Continued to provide high level of advice, guidance and support for Council officers and
Members including ongoing development of partnership work, particularly in the Health field.
Implementation of Council audio recording of meetings and making those recordings available on the website to help facilitate public engagement with the decision making process.
Ongoing review of the Council‟s decision-making process, particularly in the light of new central Government requirements for increased accountability and transparency.
Successful European Parliamentary Election.
Introduction of IER – Phases of implementation carried out in accordance with the Cabinet Office project plan, including successful „go live‟ day on 10 June 2014.
Successful first IER Canvass during September 2014
Information Governance
Further development of IG Team, including an additional Deputy IGM to lead on privacy legislation advice and training.
Further development of Information Governance Board.
Re-positioning of IM Project, subsequent to review with key stakeholders.
Ongoing delivery of training on i) Information Security ii) Data Protection & Privacy Legislation iii) Access Legislation to include Freedom of Information/Environment Information Regulations and Data Protection.
Delivery of bespoke, specialist training sessions on Information Security and Handling Personal Data/Protecting Privacy for Adult Social Care services – a total of (x) staff.
Bespoke IG training prepared for Housing services and Foster Carers, due to be delivered during period September-October 2014.
Initiation of project to redesign IG BIZ pages to improve and develop internal IG communication & engagement.
Establishment of quarterly attendance at SMT meetings to promote IG compliance.
Absorbing, managing and monitoring 32% increase in FOI/EIR requests on previous year.
No upheld complaints to Information Commissioner‟s Office and no legal action.
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Community Safety
7% reduction in crime and anti-social behaviour incidents throughout 13/14.
Increasing numbers of victims of domestic abuse engaged with support services
Introduction of Community Safety Accreditation Scheme in Boscombe
Development of People involved in Prostitution strategy & Sex Worker Risk Assessment Conferences
Registration & Coroners
Collaborative working with the General Registration Office has enabled the Council to demonstrate effective, efficient and robust procedures are in place and allow the Council to work more independently at a local level.
Successful in leading on the Coronial duties for the whole of Dorset.
Successful relocation of the western coroner‟s staff from Dorchester to Bournemouth.
Following the successful merger of Eastern and Western Coroner‟s Services all post-mortems
for the whole of Dorset are now carried out at the Borough Mortuary in Boscombe.
Increase in income from weddings/civil partnerships held at Council premises.
Successful promotion of all licensed premises for ceremonies through our own promotional literature.
Bournemouth became the first registration authority in the UK to approve beach weddings which have become extremely popular.
Successfully working in partnership with Tourism to licence and promote the Russell-Coates Museum as a wedding venue.
Approximately 40% of all weddings and civil partnerships held in the Town are couples who do not live in Bournemouth therefore supporting the local economy generating additional income for the town supporting local businesses, hotels and restaurants.
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Customer and stakeholder analysis
Elected and co-opted Members
General public
Solicitors and property conveyencers
Representatives of the local licensing and taxi trades
Property agents and developers
Parents and guardians of children appealing against exclusion from school or the allocation of school places
Charitable organisations
Local representatives of war veterans
Senior officers of the Council – Executive Team and Service Directors
General Registration Office
Information Commissioner
Police
Local Authorities
Health Sector organisations
Courts
CAFCAS
Government Departments
Schools and other education providers
Local hoteliers
South West Information Compliance Group
UK Border Agency
South West Regional Registration Managers Group
Pathologists and Home Office Pathologists
Human Tissue Association
Legal and Democratic also work closely with a number of internal Council departments, to ensure the smooth and effective delivery of its services
Formal customer feedback for public meetings and school appeals. This feedback obtained through, for example, questionnaires and annual/quarterly surveys of customers.
Elections and Local Land Charges
Formal customer feedback for elections and local land charges. This feedback obtained through, for example, questionnaires and annual/quarterly surveys of customers.
Member Support:
Formal customer feedback for civic events and Mayoral engagements This feedback obtained
through, for example, questionnaires and annual/quarterly surveys of customers.
Survey of elected Members – a quarter of Members are surveyed every 3 months. All the Members surveyed during the quarter 1 April to 30 June 2013 gave 100% satisfaction rating.
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Registration and Coroners Service
No survey is undertaken in respect of the Coroners Service. However, compliments and complaints are reviewed and taken into consideration in developing the service.
Regular feedback forms are issued and completed by those who access the Registrars service and feedback is very positive.
High level of unsolicited customer compliments received, and this was noted during the external inspection by the Registrar General as exceptionally high.
Information Governance
No formal survey undertaken for Information Governance, but all applicants who request information under Freedom of Information/Environmental Information Regulations access regimes are encouraged to provide feedback on the service they receive as part of the standard response procedures.
Legal Services
Satisfaction surveys are issued to all instructing officers when a legal case has been completed and closed. Excellent feedback received.
Equality and diversity The Council is committed to equality and diversity. Each service unit is obliged to produce an Equality Action Plan. Our action plan is available here:
Service Equality Action Plan - LD 2015-16 (2) Feb 2015.pdf
Employee Engagement Following the recent Employee Engagement Survey a series of workshops have been established with officers from individual teams to consider, discuss and accurately attribute the key findings/views which had been expressed. The results have now been considered in collaboration with our HR Business Partner and a clear action plan has been developed to ensure the issues raised are considered and action taken where necessary to remedy improvements. Legal & Democratic were one of the highest improving Service Units in terms of feedback based on the previous survey.
Appraisal Conversations The Appraisal Conversation Policy sets out that Annual Appraisal Conversations will take place within a two month window defined by Service Directors. Interim reviews take place six months later. These conversations take place between August and September.
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2. What are our key activities in 2014/15?
What are the core service activities we deliver? Table A – Monitoring Officer
Key activity/action Council priority
outcome / objective / driver
Associated performance measure
2015/16 Performance
target
Performance manager
Other key service
dependencies Ensuring all appropriate arrangements are in place to enable the Council to act in accordance with the law when making decisions and carrying out its functions.
Core Business No complaints upheld and no successful legal challenges to decisions
Zero Tanya Coulter
Ensuring the Council‟s Constitution reflects all legal requirements and clearly sets out the way in which decisions can be made and provides for efficient and lawful decision making.
Core Business No complaints upheld and no successful legal challenges to decisions
Zero Tanya Coulter
Ensuring the Council‟s Member Code of Conduct is reviewed, updated and promoted. Where complaints are made, to consider these in accordance with Council‟s adopted procedures.
Core Business Number of complaints dealt with in accordance with the Council‟s procedures.
100%.
Tanya Coulter
Member/Officer understanding of relevant protocols/procedures. Reduced number of complaints against members which are found to potentially breach the Code of Conduct.
Zero Tanya Coulter
Provision of legal advice, in respect of corporate issues to mitigate potential risks placed on the Council and ensure decisions are lawfully made.
Core Business No complaints upheld and no successful legal challenges to decisions
Zero
Tanya Coulter
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Table A – Legal Services
Key activity/action
Council priority outcome / objective /
driver
Associated performance measure
2015/16 Performance
target Performance manager
Other key service
dependencies
Provision of high quality legal advice to include complex matters of strategic importance to the Council
Core Business No complaints upheld and no successful legal challenges to decisions
Zero
Sian Ballingall/ Sue Turner
To provide legal representation to the Council in the courts; tribunals; public inquiries; inter-agency meetings; council committees and boards.
Core Business No complaints upheld and no successful legal challenges to decisions
Zero
Sian Ballingall/ Sue Turner
Provision of training and briefings for Council Officers, Members and external partners.
Core Business Training successfully delivered and good feedback from attendees
Zero
Sian Ballingall/ Sue Turner
Advice and guidance in developing Council policies and procedures to ensure legal requirements are effectively covered and legal risk issues are appropriately addressed.
Core Business No complaints upheld and no successful legal challenges to decisions No successful challenges
Zero
Sian Ballingall/ Sue Turner
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What are the core service activities we deliver? Table A - Elections and Local Land Charges
Key activity/action Council priority outcome
/ objective / driver Associated performance
measure 2015/16
Performance target Performance
manager
Other key service
dependencies
Electoral Services – running local and national election and referenda and maintaining the electoral register.
An Active Community Equality Objective 5 – „We will get more people involved in influencing decisions at the Council.‟
Turnout at local and national election and referenda
% increase compared with previous turnout
Matt Pitcher ICT
Mouchel –
FM
Customer
Strategic
Finance
% of total electorate on new electoral roll
80%+
Local Land Charges Service – processing local property searches and maintaining the Local Land Charges Register
Core Business % turnaround for processing local property searches in 2 working days.
100% Matt Pitcher ICT
Planning,
Transport &
Regulation
Customer
Strategic
Finance
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Democratic:
Key activity/action Council priority outcome
/ objective / driver Associated performance
measure 2015/16
Performance target Performance
manager
Other key service
dependencies
Facilitating the Council‟s decision making function, including scrutiny by Members
An Active Community Equality Objective 5 – „We will get more people involved in influencing decisions at the Council.‟
Local residents involved in the council‟s decision making process – deputations, questions, petitions etc.
Statutory deadlines and number of legal challenges
Evidence of involvement at every public council meeting
All statutory deadlines met and no legal challenges
Karen Tompkins All service areas
but particularly
Strategic
Services –
Equality &
Diversity – and
Corporate
Communications
Provide an independent clerking service for school admission and exclusion appeals
An Active Community Equality Objective 5 – „We will get more people involved in influencing decisions at the Council.‟
Number of complaints and legal challenges in relation to the appeal process
Zero Karen Tompkins Schools
Admissions,
Access and
Planning Team
Provide Member support and development service
Core Business Number of Personal Development Plans completed to inform annual training plan
Number of legal challenges to Member decisions
Personal Development Plans completed by an increased number of Members compared with 14/15
No legal challenges
Rob Adams/Mandi Fry
Rob Adams /Judith Lennon
Mouchel – HR &
Organisational
Development
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Table A – Information Governance
Key activity/action
Council priority outcome / objective /
driver
Associated performance measure
2015/16 Performance target
Performance manager
Other key service dependencies
Manage and maintain the request for
information framework under Freedom of
Information Act/Environmental
Information Regulations/Data Protection
Act and any other miscellaneous access
legislation
Core Business Statutory
Requests responded to in accordance with statutory requirements of the legislation/complaints upheld by the ICO
85% responded to within statutory requirements Zero complaints upheld by ICO
Viv Bateman Service Units – demands on SU resources may impact on their ability to respond to SU specific requests
Manage and respond to corporate
requests under the legislation (requests
that engage information held by two or
more Service Units)
Core Business Statutory
Requests responded to in accordance with statutory requirements of the legislation/complaints upheld by the ICO
85% responded to within statutory requirements Zero complaints upheld by ICO
Viv Bateman Service Units – demands on SU resources may impact on their ability to provide information to frame corporate responses
Co-ordinate and provide specialist advice
in respect of responding to requests for
disclosure of social
care/education/housing information by
the Police for the purposes of criminal
prosecution of alleged offenders
Core Business CPS/Police protocol requirements met. No complaints upheld.
Zero Viv Bateman CSC/ASC Service Units – demand on resources may impact on their ability to locate and retrieve relevant material
Provide advice to officers and senior
managers in respect of information
security breaches, manage the
Information Security breach reporting
process and maintain the Council‟s
Register of Information Security Breaches
Core Business All breaches reported, logged and actioned in accordance with advice. Number of complaints upheld by ICO.
Zero complaints upheld by ICO
Viv Bateman
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Manage the Information Governance
Training Programme and deliver training
to cover all elements of information
governance
Core Business Training successfully delivered and good feedback from attendees
Extended training implemented in service delivery areas identified as high risk
Viv Bateman
Provide an advice & guidance service to
the Council, its partners and elected
members on all Information Governance
related matters
Core Business Advice accepted and acted on; good feedback; no complaints upheld or successful legal challenge
Zero complaints Viv Bateman
Provide expert information rights law
legal advice
Core Business Advice accepted and acted on; good feedback; no complaints upheld or successful legal challenge
Zero complaints Viv Bateman
Support and maintain the Team
Information Manager (TIM) and
Information Asset Owner (IAO) network
Core Business TIM network maintained & “gaps” identified and filled by SUs promptly
TIMs equipped to fulfil their role within Service Units
Viv Bateman
Administer & contribute to the
Information Governance Board (IGB)
Core Business IGB meetings held and with relevant content
IGB fulfils its role in leading and directing the Council‟s IG agenda for 2015/16
Interim Exec Director (Ian Milner)
Manage, maintain and provide IG
performance management information to
the Council and the public
Core Business Accurate and timely PMI provided to inform Council & public with regard to IG related activities
PMI used by IGB, Audit & Governance Committee and Service Units to inform developments and improve IG function
Viv Bateman
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Table A – Community Safety
Key activity/action Council priority
outcome / objective / driver
Associated performance
measure
2015/16 Performance
target
Performance manager
Other key service
dependencies
Manage the Community Safety Partnership arrangements, including the move to a pan-Dorset Strategic Board
Statutory Pan-Dorset Board in place June 2015
Dorset Board in place July 15
Andrew Williams
Coordinate the county-wide approach to Gypsy and Traveller unauthorised encampments
Statutory All activities delivered within specified timeframes
Andrew Williams
Housing Landlord & Parks. DCC BoP, DorPol
Co-ordinate the Councils activities aimed at preventing crime and tackling anti-social behaviour.
Core Business Achieve Plan milestones
Continued reductions in crime and anti social behaviour
Andrew Williams
Manage the Councils‟ public space CCTV System including implementation of renewals programme and the training project
Core Business Achieve Plan milestones
Increased use of CCTV
Andrew Williams
Co-ordinate the implementation of both the Domestic Abuse & Sexual Violence strategies across the Council
Core Business Achieve Plan milestones
Action Plan activities achieved
Andrew Williams
Co-ordinate the People involved in Prostitution Strategy, alongside Adult Social Care
Core Business Achieve Plan milestones
Action Plan activities achieved
Andrew Williams
Adult Social Care, DAAT, Commissioning, health
Co-ordinate work to tackle anti-social behaviour caused by rough sleepers, begging, vagrancy etc
Core business Numbers of incidents of asb reported
Reducing asb in Town centre
Andrew Williams
Housing, Police, CRI
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Table A – Registration & Coroners Service
Key activity/action Council priority
outcome / objective / driver
Associated performance
measure
2015/16 Performance target
Performance manager
Provision of high quality registration services Community Action Efficient Council Thriving Economy Statutory requirements
Income generated Customer satisfaction National performance indicators met
Increase in income Good customer satisfaction National performance standards met or exceeded
Helen Rigg Registration of Births, Deaths, Marriages and Civil partnerships Ceremony Management including marriages, civil partnerships, vow renewals, welcoming and citizenship ceremonies Requests for copy birth, marriage, death and civil partnership certificates Family history searches Provision of high quality efficient Coroners Service in partnership with Dorset Police and on behalf of Dorset and Poole Councils
Community Action Efficient Council Statutory Requirement
No complaints upheld No successful challenges Positive working relationship with partners
No complaints upheld No successful challenges Positive working relationship with partners demonstrated through positive feedback for service provided
Helen Rigg
Provision of Coroner‟s Court Provision of Mortuary for Dorset
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What new projects, activities and service improvements will we undertake in 2015/16? Table B – Service Unit Wide
Key activity/action Council priority
outcome / objective / driver
Associated performance measure
2015/16 Performance target
Performance manager
Other key service
dependencies Identify performance measures and mechanisms to monitor the effectiveness of delivery of all services/customer satisfaction within the unit and implement relevant systems and processes to produce effective management information.
Core Business Improvement in management information and quality of feedback on services provided both internally and externally.
Effective new system identified and implemented and improved management information by March 2015.
Tanya Coulter
Lean review of business support and associated delivery of such functions service unit wide, to improve efficiency through delivery of improved ICT facilities and business processes
Core Business Consistency in the delivery of the service across the service unit
Business processes fully understood and implemented
Review completed and implementation underway by October 2015
Tanya Coulter
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Table B – Legal Services
Key activity/action Council priority
outcome / objective / driver
Associated performance measure
2015/16 Performance target
Performance manager
Other key service dependencies
Continued review of structure of both legal teams to ensure adequate resourcing and staff development opportunities exist to provide the level of support required in the future.
Core business
Reduction in requirement to seek external legal advice Increase in customer and staff satisfaction and engagement
Reduction in external legal advice sought No successful challenges Increase in customer and staff satisfaction
Sian Ballingall / Sue Turner
Review, update and develop the office manual and related case management systems, including development of electronic bundling and digital dictation to ensure efficient and consistent service delivery
Core business Improved business efficiency and case management processes Consistency in acknowledgement of instructions to the client department and positive feedback
100% positive feedback Sian Ballingall / Sue Turner/ Rob Adams
To provide legal advice and representation for Adult Social Care in the recoupment of outstanding care home fees in a timely and cost effective way and to assist in challenging when appropriate the arrangements for continuing health care funding. This is work that was previously undertaken by the client department.
Core business Recovery of outstanding fees and appropriate challenges made.
Recoupment of fees No successful challenges
Sue Turner
Legal advice to ASC on the implementation of the Care Act
Core business Implementation achieved without legal challenge
No successful legal challenges Positive feedback
Sue Turner
Housing and Anti-Social behaviour work – meet increase in work due to changes to the legislation affecting these areas including
Core business Achievement of Council objectives relating to ASB and enforcement Positive feedback
Achievement of Council objectives relating to ASB and enforcement No successful legal
Sue Turner
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Key activity/action Council priority
outcome / objective / driver
Associated performance measure
2015/16 Performance target
Performance manager
Other key service dependencies
Welfare Reform Act and the implementation Universal Credit.
No successful legal challenges to decisions
challenges to decisions
Complex commercial work relating to strategic inward investment and related projects; community finance initiative; and other commercial endeavours developed by the Council.
Core business Achievement of Council objectives Positive feedback No successful legal challenges to decisions
Achievement of Council objectives Positive feedback No successful legal challenges to decisions
Sian Ballingall
Property and contracts work related to the increase in school building programmes
Core business Achievement of Council Positive feedback No successful legal challenges
Achievement of Council objectives Positive feedback No successful legal challenges to decisions
Sian Ballingall
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Table B – Elections and Local Land Charges
Key activity/action Council priority
outcome / objective / driver
Associated performance measure
2015/16 Performance
target
Performance manager
Other key service dependencies
Electoral Services – running local and national election and referenda:
May 2015 – Combined UK Parliamentary & Full Council Local Election
September 2015 – First Compulsory
Individual Canvass May 2016 – Police and Crime Commissioner
Election
An Active Community Equality Objective 5 – „We will get more people involved in influencing decisions at the Council.‟
Turnout at local and national election and referenda
% of electorate on new electoral roll
% increase compared with previous turnout
Meet Electoral Commission Performance Standards
Matt Pitcher ICT
Mouchel – FM
Customer
Strategic Finance
Local Land Charges Service – potential for Land Registry to take over the running of Land Charges – associated tasks to facilitate this change
An efficient Council: EC4 – Making the best use of our assets. EC5 – Working in partnership.
Statutory requirements Completion within statutory deadline
Matt Pitcher ICT
Planning,
Transport &
Regulation
Customer
Strategic Finance
Democratic: Facilitating the Council‟s decision making function, including scrutiny by Members:
Borough Election in May 2015 – there could be changes to the Council‟s existing political structure.
General Election 2015 – the new Government may introduce legislation which will have implications for Local Government generally and the democratic processes in particular.
Comprehensive Spending Review announced by the Chancellor on 26 June 2013 – effective from 2015/16
School Appeals – possibility of additional service level agreements with academies and free schools
Core Business Local residents involved in the council‟s decision making process – deputations, questions, petitions etc.
Statutory deadlines and number of legal challenges
Evidence of involvement at every public council meeting
All statutory deadlines met and no legal challenges
Karen Tompkins
All service areas but
particularly Strategic
Services – Equality &
Diversity – and
Corporate
Communications
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Key activity/action Council priority
outcome / objective / driver
Associated performance measure
2015/16 Performance
target
Performance manager
Other key service dependencies
Project to improve the O&S function that has emerged from discussions with key stakeholders- includes work streams on:
O&S/ local democracy
Review of the O&S structure
An Active Community Equality Objective 5 – „We will get more people involved in influencing decisions at the Council.‟
Potentially the following but to be confirmed following conclusion of the project:
Number of O&S reviews which actively consult the public on their work via survey/ consideration of existing survey results/ use of focus groups.
Number of followers/ participants in online O&S blog site?
Feedback sourced internally and with partners on accessibility of O&S structure post review.
Increase in number of representatives compared with 2014-15
Remainder to be determined during development of the project
Karen Tompkins
All service areas but
particularly Strategic
Services – Equality &
Diversity, Corporate
Communications, ICT
and Customer
Support service to the Mayor and Deputy Mayor - Civic events. There may be specific proposals put forward for special Civic Services to be held to mark 70th Anniversary of the end of the Second World War – May/August 2015.
An Active Community Equality Objective 5 – „We will get more people involved in influencing decisions at the Council.‟
Successful civic events No complaints received
Rob Adams Tourism & Corporate
Communications
Mouchel – FM
Planning, Transport
& Regulation –
Highways team
Health & Safety
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Key activity/action Council priority
outcome / objective / driver
Associated performance measure
2015/16 Performance
target
Performance manager
Other key service dependencies
Councillor induction and training following Local Elections May 20145
Core Business Feedback from councillors
Number of legal challenges to Member decisions
No legal challenges
Rob Adams Mouchel – HR &
Organisational
Development
Note – all service
areas will have input
into the ‘welcome
event’ and relevant
induction/training
sessions
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Table B – Information Governance
Key activity/action
Council priority outcome / objective /
driver
Associated performance measure
2015/16 Performance
target
Performance manager
Other key service dependencies
Deliver IG training in accordance with revised and approved IG training programme
Core Business Training successfully delivered and good feedback from attendees
Training delivered to priority areas of service delivery
Viv Bateman Mouchel L&D Team – engaged in administering the training programme
Guidance effective in informing officers and elected members about IG and compliance requirements
As above Viv Bateman
Develop re-designed BIZ IG pages IG BIZ pages provide source of easily accessible and useful guidance on IG and pages used by officers and elected members
Revised and new IG guidance available and promoted on re-designed IG BIZ pages
Viv Bateman Business Transformation Team (project management), Corporate Communications (design), Mouchel IT (build)
Improve & extend IG management information reporting
PMI used by IGB, Audit & Governance Committee and Service Units to inform developments and improve IG function
MI extended to include SARs and key 3rd party disclosure requests
Viv Bateman
Review and effect improvements to TIM network
TIMs better equipped to manage IG requirements within their SUs
More robust TIM network established
Viv Bateman / Tanya Coulter
Service Units/Service Directors – engagement in
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Key activity/action
Council priority outcome / objective /
driver
Associated performance measure
2015/16 Performance
target
Performance manager
Other key service dependencies
review and identifying new or additional TIM resources
Review and further develop information sharing framework with external partners
Information sharing between partner agencies improved through increased understanding of the legal framework and risk assessment approach
Review of OAISP and PDEAs with partner agencies
Viv Bateman External partners – in particular other Dorset councils and Health agencies – willingness and ability to engage
Contribute to and support implementation of IM Strategy
Progress made in development of corporate IM framework
IM Strategy takes account of IG requirements
Viv Bateman / Tanya Coulter
Business Transformation & Mouchel IT
Table B – Community Safety
Key activity/action Council priority
outcome / objective / driver
Associated performance
measure
2015/16 Performance
target
Performance manager
Other key service
dependencies
Undertake a tender exercise for the CCTV monitoring contract
Core Business Cost of new contract No increase in costs
Andy Williams
Evaluate the use of new ASB Enforcement powers
Core Business Numbers of enforcement actions taken
Increased Actions
Andy Williams
Possible tender exercise for services for victims of domestic abuse and sexual violence
Core Business Numbers of victims supported
Increase victims engagement
Andy Williams
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Table B – Registration & Coroners Service
Key activity/action Council priority
outcome / objective / driver
Associated performance measure
2015/16 Performance target
Performance manager
Continue and finalise the review of the delivery of the Coroners Service in partnership with Dorset Police.
Efficient Council Community Action Statutory Requirement
New structure and arrangements agreed with the Police Potential savings identified
Structural changes implemented successfully Efficiency savings achieved to the benefit of all three councils and the Police
Helen Rigg
Expansion and improvement of the Council venues for weddings and other ceremonies, in particular working with Housing Landlord and Parks in the development of additional venues on Council land.
Community Action Efficient Council Thriving Economy
Increase in income and use of Council venues for ceremonies. Increase in choice for couples and continued increase in profile of the Borough as the place of choice for weddings and other ceremonies.
Increase in income, use, range and standard of Council venues
Helen Rigg
Review of IT systems, business processes and information management systems to improve management of information and increase efficiency and effectiveness in service delivery
Efficient Council Improved efficiency, resilience and compliance with information security and management requirements
Complete review and implement changes Increase in efficiency and customer and staff satisfaction
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New activities in 2016/17 and 2017/18 Service Unit Impact of Commercialisation agenda of the Council will have a potentially major impact on many areas of service within the Service Unit as a result of governance changes required and changes to requirements in way advice and assistance is provided. The whole Unit will be affected by potential legislative changes, and potential changes in priorities, arising from the General Election and Local Election in May 2015. The expansion of services provided to external bodies to include provision of services on a traded basis to other public sector bodies, agencies and private sector. This particularly relates to Legal Services, Information Governance and those relating to school appeals – to include provision of advice, representation and training. Development of work placement/training opportunities including apprenticeships and professional trainee positions linked to career progression. Legal Services Potential legislative changes in particular post May 2015 will require legal advice and guidance. Elections and Local Land Charges:
May 2016 – Organise and run the election for the Dorset Police and Crime Commissioner. Bournemouth could be the lead authority within Dorset for this election if the lead role is relinquished by Poole and it is agreed by the other Dorset authorities. 2016/17/18 – To pursue potential for leading/joint working with election/Local Land Charges teams in other Dorset local authorities.
30
Information Governance Information Management Strategy is likely to result in individual business cases for change which may require some input and resources from the IG team through to 2016/17 and beyond. Requirements of the new EU Data Protection Regulations - largely unknown at the moment, but will have implications with regard to training requirements and review and update of all related policies, procedures and guidance to ensure they reflect the requirements of the Regulations. Registration & Coroners Service Continued expansion of licensed premises within the Bournemouth conurbation to generate further choice, additional revenue and to support the local economy in bringing in business to the Town associated with weddings and other ceremonies. Consideration of refurbishment of Town Hall ceremony rooms in particular The Willows.
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Activities likely to stop in 2016/17 and 2017/18 Looking ahead, briefly consider any activities that are likely to cease, or have to be undertaken in a different way, in 2016/2017 and 2017/2018. Table C Legal Services No activities currently identified that should be stopped during 2014/2015 unless new legislation dictates – none envisaged at this stage Table C Democratic
Activity that will be stopped during 2015/16 Reason for stopping activity
The administration of Charitable collections may be/have been transferred to the Customer Directorate.
Part of the Council‟s digital for all initiative. A resource of £8,000 will transfer with the activity.
Table C Elections and Local Land Charges
Activity that will be stopped during 2015/16 Reason for stopping activity
Provision of a Local Land Charges Service. Responsibility for this service may transfer to the Land Registry between 2016 and 2018.
Legal requirement.
Table C Information Governance Charging of £10 fee for subject access requests likely to cease, but this will not affect requirement to deal with requests. Notification process under DPA to significantly alter further to the EU Regulations, notification to Information Commissioner likely to cease, but Council will be required to introduce its own processes and therefore activity will continue in a different form. Registration & Coroners The Council is under a statutory obligation to deliver these functions. It is unlikely that any services offered can cease, unless there are any key legislative changes which are not anticipated.
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Fees and Charges Proposals 2015/16 Table D Information Governance
Description of Fees/Charges Proposed change from 2014/15 to 2015/16 either a % or £ variation
Reasons for applying non-inflationary changes – including freezing charges
£10 fee for subject access requests under DPA No charge to be levied effective from April 2015
Highly likely to be requirement of new EU DPA Regulations when implemented
Table D Elections and Local Land Charges
Description of Fees/Charges Proposed change from 2014/15 to 2015/16 either a % or £ variation
Reasons for applying non-inflationary changes – including freezing charges
Local Land Charges Services - range of fees for providing different types of local property searches
Not known at this stage as the level of any change is dependent upon the volumes of local property searches received in a financial year.
An annual review of fees in carried out in accordance with the law which also requires fees to be set on a cost recovery basis only.
33
3. Resourcing Statement
Hard Assets Usage (Indicative) – Legal and Democratic
Planned disposals:
£’000
New acquisitions:
£’000
34
Financial Resources – Legal and Democratic
Expenditure description Revised 2014/15 £’000
2015/16 £’000
2016/17 £’000
2017/18 £’000
Direct salary costs 3,162 3,002
Other employee costs 856 838
Premises costs 196 81
Transportation costs 54 54
Supplies and services 747 718
Internal recharges – expenditure 1,385 1,385
Other direct costs 374 574
Service expenditure 6,774 6,652
Fees, charges and rents (1,140) (1,235)
Grants and contributions (163) (158)
Internal recharges – income (4,171) (4,171)
Other income (2) (13)
Service income (5,476) (5,577)
Total net budget 1,298 1,075
Explanation of year on year variances
2014/15 figures have been provided for your service unit by Strategic Finance. Final figures will be updated after the 2015/16 budget and MTFP is agreed in February 2015. Community Safety has transferred into Legal & Democratic from Corporate & Commercial. The 2014/15 original budgets have been amended to reflect this change and allow comparison. Direct salary costs – Reductions made as a result of the budget setting process 2015/16. Premises costs – The main reason for the reduction is the CCTV maintenance contribution. Other direct costs – capital charges are not included for 2015/16 and also there is a £200k increase in budget for Elections in May Fees, charges and rents – the budget for 2015/16 includes an increased income target for the Registrars service.
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Staffing Resources – Legal and Democratic
2014/15 2015/16
Grade description FTEs No. of
employees FTEs
No. of employees
Service Directors 1 1
Heads of Service / Service Managers 2 2
Managers (grades 11 – 13) 19.51 21
Operational (grades 8 – 10) 15.58 18
Admin/Service (grades 5 – 7) 28.56 33
Admin/Service (below grade 5) 5.66 10
Total 72.31 85
Recorded sickness rate (latest rolling 12 months)
% of available staffing resource
Explanation of year on year variances
The sickness target for L&D services is 5.0. The Service Unit will continue to monitor and address sickness absences in accordance with the Council‟s policies and procedures. Consideration will be given to individual cases and how such absences can be reduced and/or flexible working arrangements that can be affected to reduce sickness absences and impacts this may have on resourcing.
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Savings and Efficiencies – Legal and Democratic
Already achieved £’000
2015/16
£’000
2016/17
£’000
2017/18
£’000
To be completed after the 2015/16 budget and MTFP is agreed in February 2015.
Democratic Services Restructure 20
Proposed review of enforcement across the
whole council which will encompass community safety
(10)
Reduce Community Safety & ASB Projects (30)
Reduction in investment in CCTV planned
maintenance (115)
Annual Full Council event - proposal to remove refreshments from Mayor Making
event.
(8)
School appeals - market services to new
academies and free schools and existing
where we do not currently provide the service. However, it is anticipated that LEA
funding currently received may be reduced and/or ceased as a result of Academy
conversions. This will be highlighted as a pressure when confirmed.
(11)
Recovery of costs of services delivered to externally funded projects delivered by the
Council
(10)
Recovery of costs of services delivered to the Company Structure, with particular
regard to Legal, Democratic and Information Governance
(10)
Registrars Service - A review of the fees
and charges (65)
Legal Services re-structure of management
posts and legal support (100)
Information Governance - restructure (50)
Business Support/Democratic Services – removal of one G6 post which is vacant
(40)
Members Pension fund contributions (30)
Additional application of land charges
income (20)
Members additional responsibility allowances
(10)
In Year Total (489)
Cumulative Total
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Service Unit Reserves – Legal and Democratic
Reserve description Purpose
Opening balance
£’000
Proposed transfer
in/transfer out
£’000 2015/16
Estimated closing balance
£’000
To be finalised after the 2015/16 budget and MTFP is agreed in February 2015.
Total value of reserves
Service plan sign off This service plan has been agreed for operation from 1 April 2015 by: Portfolio Holder: Councillor Mrs Filer Date: Executive Director: Ian Milner, Finance Date: Service Director: Tanya Coulter, Legal & Democratic Date:
