Decision Maker: Executive

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: April 24, 2025

Purpose: To consider whether the functions of Legal Services and Information Governance should be delegated from Guildford Borough Council to Waverley Borough Council and a joint team created for delivery.

Content: Decision: 1.     Delegate the Legal Services and Information Governance functions to Waverley Borough Council for delivery of services through a joint team with effect from 1 July 2025; 2.     Note that Guildford Borough Council officers within the existing Legal and Information Governance Service will be transferred to the employment of Waverley Borough Council where joint posts will be created to deliver the service; and [DU1] That the Executive recommends that Council resolves to: 1.     Note the Executive’s delegation of the Legal Services and Information Governance functions to Waverley Borough Council for delivery of services through a joint team with effect from 1 July 2025. 2.     Note that the joint staffing structure for delivery of the Legal Services and Information Governance functions will consist of staff transferred from Guildford Borough Council on 1 July 2025 and Waverley Borough Council staff.  [DU2] [DU3]  3.     Delegate authority to the Strategic Director of Democracy, Law & People, in consultation with the co-Chairs of the Joint Governance Committee, to update the Inter-Authority Agreement to include provisions that ensure all decisions in relation to any delegated functions are made by both Guildford Borough Council and Waverley Borough Council. Reason(s): 1.     To enable Legal Services and Information Governance to operate in an efficient and cost-effective way, making use of the resources available and sharing experience and knowledge.  2.     To ensure that joint working is undertaken in a consistent manner and in accordance with existing HR policies for such posts and the Inter-Authority Agreement between the two authorities for the sharing of staff. 3.     To provide increased resilience across both authorities as there will be a larger pool of officers delivering the services across Waverley Borough Council and Guildford Borough Council.  This will provide additional resilience to cover sickness absence, annual leave, vacancies or increased workload should this be required. 4.     The ability to provide more specialist skills across both authorities leading to increased efficiency and a potential for a reduced external legal spend.  There will be an expansion of knowledge for individuals and sharing of best practice in the delivery of services.  5.     To deliver the capacity and capability needed to embed successes in ongoing collaboration efforts and enhance the pace of future collaboration and local government reorganisation, continuous improvement in service delivery and realisation of cashable and non-cashable savings. 6.     To reduce dependency on expensive external resources and further implement succession planning and career development which have already seen an increase in internal promotion appointments to vacancies. Other options considered and rejected by the Executive: Option 1: Do nothing. Each authority would retain its own separate Legal Services and Information Governance Team undertaking work for their own client departments only providing consistency for staff and client departments.  The disadvantage of this option is that it does not further the collaboration, provide resilience or reduce costs.  External legal support would continue to be needed to provide additional capacity and specialism.  At present Guildford Borough Council provides support to the Waverley Borough Council legal team and recharges on a case-by-case basis, an interim sharing agreement has also been put in place so that Guildford Borough Council is sharing staff to cover the Data Protection Officer Role.  It is highly likely that there will continue to be recruitment issues between the two teams.  Both authorities are currently carrying vacancies and locums are being used to provide additional support which is not sustainable.    Option 3: Restructure existing teams. The Legal Services and Information Governance teams at both authorities have recently undergone restructures in order to ensure that the operating model provides the best value for money.  It is highly unlikely that any further savings could be created through a restructure.  Any reduction in staffing is likely to impact significantly reduce capacity within the teams and could impact on the service provided to client departments in both authorities. This risks reputational damage if either authority is unable to meet deadlines.  Additional posts have already received approval at in the Waverley Borough Council Legal Services and Information Governance teams in order to ensure that there is sufficient capacity.  A further restructure of the individual teams is not considered feasible as both teams are operating at high capacity and any reduction in numbers would not enable the service standards to be maintained.  If the size of the existing teams is reduced this will lead to an increase in the amount of work being outsourced which will have a significantly higher cost.  Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted: None.  [DU1]I think this is the same as 2.2 e.g. its just ancillary actions to implement a recommendation  [DU2]Do you want this bit in?  What if TUPE takes a bit longer - would you want flexibility?  [DU3]I think the creation of the posts is an Exec function as per our policy and IAA, and the sharing of the staff is a Council function (see Local Choice functions).