working with politicians masterclass - em lawshareemlawshare.co.uk › ... ›...

Working with Politicians

Masterclass

• Olwen Dutton – Partner and Head of Local

Government, Anthony Collins Solicitors LLP

• Alex Lawrence – Associate, Anthony Collins

Solicitors LLP

www.emlawshare.co.uk

Covering this morning….

• The role of members,

• How and why might politicians behave as they do

• Different roles and responsibilities

• How to influence within the council

• How to write reports and present arguments

• What happens when things go wrong


House Rules

• Chatham House rules please

• Questions and comments welcome throughout

• Its an art not a science….

Local government sits within a

democratic context, subject to

politics and the electoral process


Why this course?

• Councils are political bodies; members who set

direction and policies and are served by officers to

deliver those policies and manage.

• Progress often depends upon working with

members and being comfortable in doing so.

• Changes in governance since LGA 2000 (and

indeed in the role of local authorities and the

financial constraints) has meant that there are

fewer opportunities for more junior officers to work

with members


Olwen’s story

• Worked in met and shire counties, PTE, districts,

SPA, National and Regional bodies

• Started in local authorities in xxxxxx

• Head of Legal Services, AVDA, Associate

Director Audit Commission, Corporate Director,

Chief Executive

• Worked with politicians from the start as a junior

and then senior lawyer, and as a Corporate

Director and Chief Executive

• A NHS Vice Chair and Chair of a charity


Alex’s Story

• Trained at Anthony Collins

• In-house solicitor at Leicestershire County Council

• …back to Anthony Collins as a commercial and

governance solicitor working with officers and

politicians across a range of projects


Politicians, Parties and Drivers

• The human angle…members come from a range

of different backgrounds with different priorities

– Some with full time jobs

– Some just undertake their Council duties

– Some are interested in the workings of the

Council

– Some want to focus on their wards


Politicians, Parties and Drivers

• And don’t forget the politics………

• National parties

• Local groups

• Group discipline

• Independents/new groups


Local and national politics

• Hacker: Are you saying there's nothing wrong

with education in this country?

• Sir Humphrey: No, why of course not, Prime

Minister! It's a joke, it's always been a joke! And

as long as you leave it in the hands of the local

councillors, it will remain a joke! I mean, half of

them are your enemies anyway, and the other

half are the sort of friends who make you prefer

your enemies.


Opportunities to Work with

Politicians

• Who actually gets to work with politicians on a

regular basis?

• Pre 2000 the Committee System

• Now Executive Arrangements- Elected Mayor;

Leader and Cabinet….

• Also

– Outsourcing

– Alternative delivery mechanisms

• Fewer opportunities


Political Groups

• Junior officers don’t normally get involved with

political groups

• Briefings

• Group discipline

• Ungrouped members and independents

• Proportionality rules


All sorts of members

• Elected Mayor (not a councillor but sometimes

treated as one)

• Leader

• Cabinet/Executive member/Portfolio Holder

• Chairman/Mayor

• Committee Chair

• Opposition Group leaders

• Back bencher/scrutiny member

• Administration or opposition?


We are equal but some are more

equal than others• Who are those whose views carry sway?

• Who is listened to and is an influencer?

• Leader?

• Deputy Leader?

• Committee Chairs ?

• Leaders “Minder” ?

• Opposition Group Leader ?

• Who is owed a favour?

• Officers

• How do you know?


A little bit of law

• Some decisions have to be Full Council

• An Executive authority ( ie an Elected Mayor or

Leader and Cabinet) decisions are those of the

Executive unless the legislation says otherwise

• Executive members can make individual

decisions - if the Leader has decided this

• Alternative or Committee authority- no individual

decision making- all through Committees

• Know your constitution


The Constitution

• Sets out how the council operates within the Law

• Scheme of Delegation

– To Committees

– To Officers

• Council Procedure Rules

• The Rules of Debate

• Code of Conduct

• Codes and protocols


Know how decisions are made

• The formal route- idea, consultation; draft reports,

option appraisals, resource and budget

considerations, pre decision scrutiny, call in,

cabinet, committee, council

• And the informal route- idea, resource and budget

considerations, informal discussions with partners

and others, engagement with staff, discussions in

the groups, views of senior officers

• Both routes are needed

• When do you step in?


Stepping in

• Know your subject

• Understand what the real issue is

• Be clear about your ideas and be able to present

them clearly and succinctly

• Don’t use jargon or acronyms

• Be able to see both sides of the argument and

present options fairly

• Don’t descend into detail or spring up with an

answer too early

• Remember form follows function


What is a councillors role?

• Community leadership and engagement

• Serving the community across the Council’s area

• Understanding the community as a whole and their

ward especially - representing their ward

• Decision making

• Policy and strategy development; inc budget

• Overview and scrutiny

• Representing the council

• Sir Humphrey: Politicians like to panic, they need

activity. It is their substitute for achievement…


What matters to members?

• Local news and local issues

• Electorate and Opinion Polls

• Resources and budgets

• Pressure groups

• National news and policies

• Councillors in their own Group

• Colleagues in Opposition Groups

• Their manifesto promises

• Their officers and staff

• Their own history and experiences


What do Members want from

you?

• Serving the authority as a whole - not a loyalty to

a particular group - even the administration

• Good working relationship - mutual respect

• Integrity and confidentiality

• Responding in a timely way to their queries; and

to any complaints or issues they raise

• Professional and impartial advice the can rely on

• Telling them what they need to know


What should you expect from

Members ?• Setting leadership and direction

• Good behaviour and mutual respect

• Observing the Code of Conduct and other codes

and protocols

• Reasonable understanding of work/life balance

• No undue pressure or expectation of using their

role to get special treatment

• Leaving officers to do their jobs - not interfering in

operational detail.


Keeping Members on the Straight

and Narrow• Do your Members understand their role and the

parameters within which they have to work?

– Reasons

– Reasonableness

– Bias and apparent bias

– Pre-determination and predisposition

– Proportionality

– Judicial Review

• If they don’t – how do you tell them?


Reasons…..

• Members do not have to agree with their officers

recommendations

• Wednesbury Test

• They have to be their reasons that they can

support and give evidence about if required

• Must be based on material considerations

• Should be supported by evidence

• Record of decisions


Bias and predetermination

• Members own outside interests

• Their manifesto

• Representing their community

• Applying the policies they have decided

• The role of the party whip

• Helping them to deal with constituents and being

ambushed

• Predisposition and predetermination

• Seeking assistance from officers


Briefings, Reports and

Documents

• Before you start:

– What are you trying to achieve?

– Who are the audience?

– Decision making or advisory/information?

– What is (or is likely to be) Members’ attitude?

– Does the message need to be packaged in a

particular way?

– Is there any history you should know about?


Briefings, Reports and Documents

• What is your Members’ general tolerance?

– One side of A4?

– Voracious appetite for detail?

• What do they need to know?

• What will you point them to?

• Background papers?

• Confidentiality?



Documents

• Does it make sense or is the message lost?

– Think about your audience – do they have

specialist/expert knowledge?

– Structure

• Is it legally correct?

• At the end…does the document still do what it

needs to?



Documents• Briefing Members in person

– Create a (first) good impression

– Be prepared

– Know your audience - ask others for their

experiences

– Be confident – regardless of how you might feel on

the inside - so know your stuff!

– Try to build a rapport

– Don’t be afraid to ask questions and challenge


And when if gets difficult…

• Member Code of Conduct

• Protocol on Member/Officer Relations

• What if it all goes wrong?

– Complaints about a Member

– Complaints and grievances

– Managing Member access to Officers


What sort of behavior ?

• Bullying and harassment

• Putting pressure on officers to act impartially or

against their professional judgement

• Lack of respect

• Breaches of confidentiality

• Not observing bias rules

• Using public money for political purposes

• Demanding information

• Committee on Standards in Public Life


Harvey v Ledbury

• Councillor Harvey was a town councilor on

Ledbury Town Council and also a councilor on

Herefordshire Council

• Allegations were made against her by the Clerk

and Deputy Clerk of the Town Council

• The Council chose to deal with these allegations

through a grievance process, made finding

against Councillor Harvey and imposed sanctions


Harvey v Ledbury

• Councillor Harvey referred herself to the

Monitoring Officer of Herefordshire Council

• Monitoring Officer found no breaches of the Code

of Conduct by Councillor Harvey

• The Town Council decided to extent the sanctions

against Councillor Harvey

• Councillor Harvey judicially reviewed the Town

Council


Harvey v Ledbury

• The High Court found in favour of Councillor

Harvey on all grounds

• There is no power to punish Members except

through Code of Conduct proceedings

• A Council can act to protect its staff and itself

through action such as how it requires staff to

behave in respect of Members, but this action

cannot be taken to punish a Member


Dealing with Members on Outside

Bodies• What type of body is it?

• What is the relationship with the Council?

• Is it appropriate for you (and Council resources) to

support a Member in respect of their outside

appointment?


Member entitlements to

Information• Common Law:

– Good reason for access – a need to know (R v

Birmingham City Council ex p O [1983] 1 AC

578)

• Statute:

– Slightly different rules depending upon whether

the information is held by the Executive or not

• FOIA/EIR



Information• Statute:

– Different rules depending upon whether the

information is held by the Executive or not

– Section 100F, Local Government Act 1972

– The Local Authorities (Executive

Arrangements) (Meetings and Access to

Information) (England) Regulations 2012 –

Regulations 16 (general) and 17 (enhanced

rights for scrutiny Members)



Information• Statute:

– Section 228, Local Government Act 1972

– Article 7, Local Authorities (Companies) Order

1995

– FOIA/EIR


Questions?

• Contact us on:

– [email protected]

– [email protected]

– 0121 214 3542

mailto:[email protected]

mailto:[email protected]


Check out the website …
