Agenda item

To submit the report of the Director of Function (Council Business)/Monitoring Officer.

The report of the Director of Function (Council Business)/Monitoring Officer which sought the Executive’s approval to release up to £100k from the Council’s general balances to address staffing and capacity issues in the Council’s legal service was presented for consideration.

Councillor Gary Pritchard, Leader introduced the report noting that the request for funding is being made to ensure continuity of legal and information governance services.

The Director of Function (Council Business)/Monitoring Officer referred to the ongoing recruitment difficulties within the Council’s legal services. Continued reliance on agency staff has resulted in an annual overspend of £250k on the Council Business budget, a position which is again projected for 2025/26. In all, 41 recruitment attempts over 20 months including  revised job descriptions and evaluations, national advertising, flexible working and removal of Welsh language requirements, have been largely unsuccessful.

Two vacancies have now been filled by newly qualified solicitors who lack experience in the specialist areas required. To manage the situation responsibly, the service must develop and mentor the two appointees while maintaining safe and lawful support to clients in the interim. The funding request is for the retention of agency legal staff for six months in one case and for three months in the other to provide this support and development. It also includes continued funding for the Interim Data Protection Officer to deliver the Information Governance Recovery and Improvement Programme, support the CRM development project and mentor a potential new paralegal.

The Director of Function (Council Business)/Monitoring Officer noted that further requests may follow if additional inexperienced solicitors are appointed to other vacant posts, and delegated authority is requested for the Leader and Portfolio Member for Finance to approve such requests. However, no immediate further request is anticipated, as the service intends to follow the process set out and in time to repeat the process if necessary. The service will also continue efforts to fill vacancies through the usual recruitment process.

Executive members acknowledged the challenges in recruiting qualified solicitors with the required specialist competencies and the extensive efforts made to fill the vacancies in the legal service. They also recognised that the proposed funding would help reduce reliance on agency staff in the long-term by enabling the development of permanent in-house staff. Members noted that an in-house legal service supports service delivery, reduces costs, builds the contextual and organisational knowledge that is not possible through external support and also offers better opportunities to develop Welsh language skills. Reference was also made to Bangor University’s School of Law and the potential recruitment benefits of strengthening links with the school.

The Chief Executive noted the situation has been difficult for some time and he emphasised that the Council as an employer has explored every avenue to fill the vacancies. Similar challenges are being experienced by other councils and are not unique to this authority. He stressed the critical role of the legal service in managing organisational risk, ensuring compliance with legislation and supporting robust decision making.  A legal resource and specialist expertise are therefore essential to the Council’s day to day operations. He concluded by thanking the Director of Function (Council Business)/Monitoring Officer for her work and commitment during this period.

It was resolved –

·      To authorise the release of up to £100k from the Council’s general balances to –

• Retain agency support to develop the specialisms of two solicitors who have    now been appointed.
• Fund the continuing but temporary costs of agency support for clients, to ensure a smooth and safe transition back to internal legal provision in those routine areas of work
• Retain the current Interim Data Protection Officer to ensure the delivery of an Information Governance Recovery and Improvement Programme, the revised and upgraded CRM and the development of a new paralegal.

·      To delegate any further such requests to the Leader and Portfolio Holder for Finance, Corporate Business and Customer Experience, in consultation with the Director of Function (Resources)/Section 151 Officer.