Decision Maker:

Outcome: For Determination

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: September 2, 2024

Purpose:

Content: RESOLVED:   1.  To approve the Council’s use of the LBLA Barristers Framework procured by Ealing Council and to enter into the access agreement for that framework which commences on 1 January 2024 for 3 years with the option to extend for a further year at an estimated annual value of £800,000 and an estimated total value of £3.2m.   Reason(s) For Decision   1.  The London Boroughs Legal Alliance (LBLA) is a collaborative partnership of legal teams made up of the City of London Corporation, the London Boroughs of Barnet, Bexley, Brent, Bromley, Camden, Croydon, Ealing, Enfield, Greenwich, Hackney, Hammersmith & Fulham, Haringey, Harrow, Havering, Hillingdon, Hounslow, Islington, Kensington & Chelsea, Islington, Lambeth, Newham, Redbridge, Southwark, Tower Hamlets, Waltham Forest, City of Westminster, the London Fire Commissioner, and Slough Council. 2.  Buckinghamshire County Council, Swale Borough Council, Maidstone Borough Council, South Oxfordshire District Council, Vale of the White Horse District Council, and Tunbridge Wells Borough Council are not LBLA members but have access to the current framework. 3.  The LBLA is administered on behalf of the boroughs by Kennedy Cater, a legal services procurement and management Consultancy firm. 4.  The LBLA established a framework in 2020 which ran until 31 December 2023 and provided the participating boroughs with access to Barristers from chambers across a range of specialisms at fixed prices or hourly rates. 5.  Under the framework the Barristers' chambers are bound by their rates tendered and are required to provide their services in accordance with usual professional requirements. 6.  The LBLA member authorities have found the rates tendered under the previous framework to be competitive. 7.  With the most recent agreement expiring on 31 December 2023 a replacement framework was procured (to run from 1 January 2024 to 31 December 2026) to provide LBLA members with continued access to a panel of expert legal advice for specialist advocacy, advice and related legal services under the following areas of law.  We are entitled to instruct any supplier providing services under any lot.   a.  Lot 1: Adult Social Services b.  Lot 2: Children Services c.  Lot 3: Governance and Public Law d.  Lot 4: Criminal litigation and Prosecution e.  Lot 5: Housing f.  Lot 6: Planning g.  Lot 7: Property h.  Lot 8: Civil Litigation.  i.  Lot 9: Employment j.  Lot 10: Education k.  Lot 11: Licensing   8.  As the framework must be procured by a contracting authority, the LBLA used one of the boroughs in the Alliance to act as lead authority. 9.  On 19th April 2023 Ealing Council Cabinet Committee published copy here) authorised Ealing Council to act as the lead authority in this regard and resolved the following:    I.  Authorised the Director of Legal and Democratic Services to invite and evaluate tenders for a Barristers Framework for a period of  three years with the option to extend for one year, with Ealing as the lead authority on behalf of LBLA authorities and other authorities wishing to access the framework.   II.  Authorised the Director of Legal and Democratic Services upon completion of the tender process to award the Framework Agreement to Barristers Chambers in accordance with the evaluation criteria, for each of the Lots.   III.  Authorised the Director of Legal and Democratic Services to enter into Access Agreements with any LBLA members and other authorities that request to use the framework   10.The procurement exercise was a one stage (open) procedure (under the Light Touch Regime). 11.That procurement exercise has now concluded and the award has been agreed, enabling the London Borough of Hackney to buy into this agreement. 12.By entering into this agreement, the London Borough of Hackney will have access to a wide range of barristers with the required expertise to choose from; certainty as to the cost of instructing barristers as well as the means of monitoring and controlling expenditure. 13.Call off from the LBLA barrister framework can be by a direct award to any provider on the relevant lot without reopening competition, where it is deemed that a participating barrister represents the most economically advantageous solution for such services, or can be instructed following a mini-competition between providers on that lot who are capable of providing the required services. The LBLA barrister framework anticipates that for the majority of instructions direct award will be used. 14.Kennedy Cater, an independent public sector consultancy firm, will monitor the framework for the boroughs and also conduct an annual review with the Chambers on the framework.   Alternative Options (Considered and Rejected)   The alternative options considered for this procurement include: ·  For the Council to procure its own framework separate to the collaborative agreement. ·  For the Council to procure Barristers advice and representation on an ad hoc basis.   The above options were rejected, as anecdotally, without the competitive buying power of the boroughs in the LBLA available through the framework, the individual Councils will not be able to attract the calibre of Chambers and also obtain competitive prices as provided under a collaborative agreement. The Council would also not have the benefit of the expertise, management and monitoring of the framework carried out by Kennedy Cater.