Purpose

Background:
The Council has experienced a rise in disrepair claims in recent years, driven in part by the growing number of legal firms promoting ‘No Win, No Fee’ housing disrepair cases.
As a result, the Council is now managing an average of around 90 open cases at any given time.
This work was previously supported by Hertfordshire County Council under the Legal Shared Service Pilot, which came to an end in 2024/25. The Council’s in-house Legal team comprises two litigation solicitors who also manage injunctions, prosecutions,
judicial reviews and broader casework.
As a result, there is insufficient capacity to absorb disrepair litigation within the Legal team.
To meet statutory deadlines and manage the increasing volume of disrepair litigation, the Council engaged Sellick Partnership under the CCS Framework to provide additional
legal capacity.
Disrepair casework continues to place significant pressure on the service, and Legal Services have confirmed that without this additional resource the team would be unable to meet demand, resulting in increased legal, financial and reputational risk.
Reason:
The current interim Disrepair Lawyer, supplied by Sellick Partnership, has been in post since January 2025 and was appointed via the CCS Non-Clinical Staffing Framework. The Council are currently dealing with legal disrepair cases with around 90 open cases at any one time. Given the scale and complexity of the caseload, there is insufficient capacity within Legal Services to manage disrepair claims without continued agency support.
The initial proposal is to extend the role for a further eight months, after which the position and caseload will be reviewed to determine whether any additional extensions are required

Decision

1)To approve the extension of the current agreement with Sellick Partnership for the supply of a disrepair lawyer for a further eight months, taking the engagement through to the end of March 2027.
2)Delegate authority to the Assistant Director of Legal, People and Democratic Services in consultation with the Assistant Director of Property, to extend the agreement through to the end of March 2029. Any extension(s) will require approval from Commercial Board and an approval via an Officer Decision Sheet.

Alternative options considered

Option 1 – Do nothing / allow the current arrangement to expire
This option was rejected as Legal Services does not have sufficient capacity or specialist expertise to absorb the current disrepair caseload. Allowing the arrangement to lapse would significantly increase the risk of delays, adverse legal outcomes and additional costs.
Option 2 – Recruit a permanent in-house disrepair solicitor
This option was considered but discounted at this time due to recruitment challenges within the legal market, the time required to recruit and onboard a suitably experienced specialist, and uncertainty around future demand levels. This would not provide the immediate capacity required to manage existing cases.
Option 3 – Instruct external solicitors on a case-by-case basis
This option was rejected due to the higher costs associated with external legal instructions and the loss of consistency and in-house knowledge that the current arrangement provides. This approach would also reduce the Council’s ability to proactively manage and defend cases.
Preferred option – Extend the current agency arrangement
Extending the existing agreement provides continuity, maintains specialist expertise, and represents the most cost-effective and least risky option for managing current and anticipated disrepair litigation demand.