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Organisation and Communities Scrutiny Panel - Thursday, 31st October, 2024 6.30 pm

October 31, 2024 View on council website  Watch video of meeting or read trancript
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Summary

The meeting received an update on the performance of Legal and HR services, and discussed the commissioning of reports for its next meeting. The Panel agreed to invite the Leader of the Council, Councillor Danny Thorpe, to provide an update on the Community Engagement Framework.

Legal Services

The Panel received an update on the performance of the Legal Services department from Azuka Onuorah, the Interim Director of Legal Services, and Emma Newby, the Head of Democratic Services and Legal Practice Manager. The report 1 detailed the overall performance of the service, including key performance indicators, spending, and service demand.

The Panel were told that although the department’s target for the year was 40,000 hours of legal work, it was currently overachieving by 15%, due to both efficiencies and sustained effort. In the year 2022/23, 2700 new matters were opened across all areas, and as of October 2024, 2031 new matters had been opened for 2024/25. This was in addition to the routine advice and support provided to other council departments. In the same period, Legal Services commented on approximately 653 reports in 2023/24. Since 1 April 2024 that figure is 401.

There were concerns that the service’s established staffing level, which included both fee earners and administrative staff, was too low to meet the current demand.

With the current demand, we're overachieving by 15 per cent, and it's probably more at the moment. But it is something that we're keeping under constant review, and we'll keep under review as part of our workforce strategy, because the model that best serves the organisation is an in-house service that's well resourced and with the appropriate skills spread across.

Councillor Mohammed asked about the service’s level of agency staff, and was told by Ms Onuorah that it had been reduced to around 24%. The Panel also questioned what measures were being taken to reduce the use of agency staff, particularly those who had been engaged by the Council for more than two years. Ms Onuorah explained that the Council was looking to convert long-term agency staff to fixed term contracts where possible.

Councillor Dowse raised the issue of the high level of disrepair claims brought against the Council. These have continued to increase over the last 7 years, and the Panel were told that in 2023/24, the Legal Services dealt with 408 claims, a figure which is representative of national trends.

Increased specialist legal advice offered by private law firms and improved marketing of their services. This is a lucrative area for private firms as the recoverable success fee is uncapped which is not the case in other areas of litigation.

The increase is also due to the legacy effects of COVID-19 delays to property repairs, a heightened awareness of potential claims amongst residents due to increased media coverage, and a focus on public health around damp and mould, all of which have contributed to a backlog of repairs and a shortage of qualified housing lawyers.

The Panel were informed about the launch of the Legal Services Operational Partnership Agreement (OPA) which sets out clear service commitments, performance indicators, and the responsibilities of Legal Services and the other Council directorates.

Councillor Van Den Broek asked about how feedback from the directorates had shaped the OPA, and Ms Newby responded by saying that:

The work's been undertaken since March and very much collaboratively with other Directorates, particularly in designing the legal menu that's appended to it, setting out the works. We carefully consulted each Directorate at DMTs, and there was some significant input from DMT into the feedback that shaped the final version.

Ms Newby also said that this process had contributed to a rise in staff morale, due to an increased level of transparency and buy-in to the partnership agreement.

Councillor Van Den Broek also highlighted a section of the OPA relating to the use of technology, recommending that the phrasing be amended to promote the effective and appropriate use of technology. Ms Onuorah agreed to this change.

The Panel also raised concerns about the low response rate to the annual Legal Services Survey, and Councillor Williams asked Ms Onuorah for a breakdown of the survey responses to be presented at the next meeting.

HR Services

The panel received an update from Stephanie Mills, Head of HR, and Ian Tasker, Assistant Chief Executive. The report 2 detailed performance and priorities in a number of areas, including attracting and recruiting talented people, strengthening the diversity of the workforce, and promoting staff wellbeing.

The Panel were informed that a new workforce strategy, due to be launched in Autumn 2024, was in its final stages of consultation.

Now that did result in a time delay but it also meant that we had to refresh the document. I think the positive news is that that refresh has happened, I think we are much more comfortable now that the corporate draft better reflects the accuracy of the challenges of the council aligned with its corporate plan that has initially had a run through with GMT who are happy in principle with the direction of travel that that has taken.

Councillor Williams questioned why the development of the new strategy had taken so long, and Ms Mills explained that this was due to the impact of the cost of living crisis and the Council’s current Medium Term Financial Strategy. 3

Councillor Van Den Broek asked how the Council was seeking to engage its staff and promote an inclusive workplace culture, particularly in relation to the Council’s reward and recognition programme. Ms Mills explained that HR was using the results of the 2024 staff survey to identify areas for improvement. She said that:

…improving that culture of voice and psychological safety and the cohesion and then sort of moving into the development piece are three key areas that we know we need to focus in on.

Councillor Van Den Broek also asked how the Council was promoting flexible working practices in order to improve its recruitment and retention, and what barriers existed to doing so. Ms Mills said that a recent review of the Council’s flexible working policy had been launched in order to encourage these conversations and embed them within individual services.

The Panel raised concerns about the Council’s agency worker spend, which was reported to have risen from £21 million in 2022/23 to £26 million in 2023/24. Councillor Williams asked if this increase was due to a rise in staff numbers, and Ms Mills explained that this was due to the need to fill skills gaps in certain priority areas in response to the MTFS.

The Panel also sought reassurance that the Council was taking steps to reduce its reliance on agency staff, and Mr Tasker explained that the Council was looking at a number of ways to address this issue.

The first part of the plan is a more proactive look at the structure itself and to see whether you can do something with the structure, but then also looking at how whether there is an inherent market difference from the local government scheme that we use to evaluate pay and how we use market supplements will be a key part of that.

He highlighted the example of the Council’s procurement service, where a review of its structure and salary grades had taken place, and the possibility of introducing a market supplement was being explored. 4 The same approach was also being considered for the Directorate of Regeneration, Enterprise & Skills.

Councillor Williams expressed concern that the high levels of agency spend and the increasing need to recruit staff appeared to be in conflict with the requirement to make budget savings across the Council.

So maybe Steph, I don't know if that's something as well we need to keep under review. So the staff, the workforce is growing and at the same time we are, and it could be rightly so because we need to have the resources to deliver the service, but there seemed to be a ask to make savings here and then we are recruiting, so where is the balance.

Councillor Williams asked about sickness absence levels in the Council and enquired about what support was being provided to staff working from home in order to reduce sickness absence rates. She also asked about the causes of stress and depression amongst staff, and how these were being addressed. Ms Mills responded by saying that a review of the Council’s Display Screen Equipment (DSE) assessment procedures was being carried out, and that there was robust guidance in place for staff who were working from home. She acknowledged that the report did not include detailed information about the reasons for workplace stress and depression, but said that this was something the HR department would look into.

The Panel were informed that in 2023/24 there had been 11 employment tribunal cases opened. Ms Mills explained that legal services and HR worked together to consider the merits of each case.

As a principles element sometimes I think and Azuka is absolutely right I think I would just second that we have a very, very close partnership working arrangement with legal services so I meet personally with the assistant heads for legal services which look after employment law. We go through the cases that are currently going through the tribunal system which affects the council directly whilst we don't essentially assess the merits because that's what we would be expecting our legal council to do.

Councillor Williams asked Ms Mills to provide a more thorough breakdown of these cases, including details about the types of claims made, the cost implications and any lessons learned. She also asked if the HR department collected equality data relating to disciplinary cases. Ms Mills confirmed that the HR Department did collect this data, and agreed to provide a more detailed breakdown of employment tribunal cases and disciplinary cases broken down by ethnicity at the next meeting.

The Panel agreed to make a number of recommendations, including that:

  • The effective and appropriate use of technology be explicitly stated in the Legal Services’ OPA
  • The Workforce Strategy explicitly encourage flexible working and include it as part of the Council’s recruitment strategy
  • Further details about the Council’s agency staff usage be provided at the next meeting
  • A breakdown of the responses to the Legal Services Survey be provided at the next meeting
  • A breakdown of the HR department’s Equality data, particularly in relation to disciplinary and grievance cases, be provided at the next meeting.

  1. The report in question is Legal Services Performance Update, available here: https://greenwich.moderngov.co.uk/documents/s9321/5.+Legal+Services+Performance+Update.pdf 

  2. The report in question is Human Resources Update 2023/24, available here: https://greenwich.moderngov.co.uk/documents/s9322/6.+2023-24+HR+update+report.pdf 

  3. A Medium Term Financial Strategy is a document which sets out how a council plans to manage its resources over a period of three to five years. 

  4. A market supplement is an additional payment that is made to employees in certain roles where there are skills shortages in the market. This payment is intended to make the council a more competitive employer and to attract and retain staff in these key roles.