Agenda item

RESOLVED:

                  I.          Authorised the Director of Legal and Democratic Services to invite and evaluate tenders for a Barristers Framework for a period of  three years with the option to extend for one year, with Ealing as the lead authority on behalf of LBLA authorities and other authorities wishing to access the framework.

                II.          Authorised the Director of Legal and Democratic Services upon completion of the tender process to award the Framework Agreement to Barristers Chambers in accordance with the evaluation criteria, for each of the Lots.

              III.          Authorised the Director of Legal and Democratic Services to enter into Access Agreements with any LBLA members and other authorities that request to use the framework

REASONS FOR THE DECISION:

1.   The procurement process to establish the fourth pan-London Barristers Framework Agreement for theLBLA and other councils was outlined.

2.  The LBLA was made up of the City of London Corporation, the London boroughs of Barnet, Bexley, Brent, Bromley, Camden, Croydon, Ealing, Enfield, Greenwich, Hackney, Hammersmith & Fulham, Haringey, Harrow, Havering, Hillingdon, Hounslow, Islington, Kensington & Chelsea, Islington, Lambeth, Newham, Redbridge, Southwark, Tower Hamlets, Waltham Forest, City of Westminster, the London FireCommissioner, and Slough Council.  Buckinghamshire County Council, Swale Borough Council, Maidstone Borough Council, South Oxfordshire District Council, Vale of the White Horse District Council, and Tunbridge Wells Borough Council are not LBLA members but have access to the current framework.

3.  Ealing was one of the founding members of the LBLA, which was set up  fourteen years ago. It is fair and appropriate for Ealing to take our turn to lead theprocurement ofthe latest iteration of the Barristers Framework Agreement.  Previous versions of the framework were led by other LBLA borough members, most recently by the City of London Corporation in 2019.Use of a framework enables councils to use their bulk purchasing power to achieve the best rates and terms of service. 

4.  The current agreement expired on 31 December 2023 and had 25 sets of chambers appointed under the framework. A replacement Framework Agreement was required to provide LBLA members with continued access to a panel of expert legal advisers for specialist advocacy, advice, and related legal services. In addition, the replacement Framework Agreement will provide access to other local authorities in London and South East England who wish to buy into it; this helps to strengthen the bargaining power of the framework.

5.  The proposed Framework Agreement would be divided into the distinct areas.  There are eight Lots in the current framework;

a)    Lot 1 - Adult Social Services

b)    Lot 2 - Children'sServices

c)     Lot 3 - Governance & PublicLaw

d)    Lot 4 - Criminal Litigation &Prosecutions

e)    Lot 5 –Housing

f)      Lot 6 –Planning

g)    Lot 7 –Property

h)    Lot 8 – Civil Litigation

The number of Lots within the proposed new framework would be finally determined following consultation with LBLA members.  It is likely that there will be additional Lots for Education, Licensing and possibly also Employment.

6.     When acting as the lead contracting authority, Ealing would work closely with specialist independent legal consultants, Kennedy Cater (KC).  KC is contracted to supply secretarial and other support services to theLBLA and fees are covered through LBLA subscriptions.

7.     The procurement process proposed was a one stage (Open) procedure (under the Light Touch Regime).  It was considered theproposed replacementFramework Agreementprovides thenecessary platform and resources for LBLA members (including Ealing) and other councils.