Decision

Specialist legal advice is needed for capital
projects as well as for fulfilling complex and/or urgent legal
requirements across the Council arising from operational work and
statutory obligations. The Council’s in-house legal team is
small and does not therefore have the capacity for long term time
consuming projects or legal work which entails particular esoteric
technicalities.

Reasons for the decision

Legal advice could be provided by a variety of
legal firms which cater to the local government market. In the past
legal services have been procured for each new transaction as
needed within the Council, often directly by client departments,
but the Procurement Act necessitates a transparent and fair
evaluation process and having one firm undertaking the work is a
practical and fiscally prudent approach.

Having a dedicated law firm to assist with the Council’s
legal work will provide value for money; consistency; an
understanding by the external lawyers of the Council’s
processes, authorisations and Council plan, hence they will be
better able to advise on strategic steers and tailor their advice
to the particular client; and build up good relationships between
lawyers (both in house and from the external firm), and
clients
Continuity of advice and supporting documentation between various
projects and service requirements is important.

Alternative options considered

Alternative Options Considered
• Option 1: Deliver the service in-house. Bracknell Forest
Council takes full responsibility for the delivery of all legal
work and the service is delivered directly without
outsourcing.

This option was not taken because:
o Running a service in-house requires significant financial, human,
and technical resources, and the Council will bear the full
operational risks.
o Bracknell Forest Council lacks the amount of staff and specialist
knowledge to support and provide advice for large and complex
issues

• Option 2: Do not commission a service

This option was not taken because legal support is required for the
Council to operate within the law and to fulfil its statutory
duties