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You are here: Home: Education and learning: Schools: Services for schools: Traded services

Traded services

Legal services

  1. What is the purpose of this document?
    1. The purpose of this document is to:
      1. describe the support services that Calderdale Legal Services offer to schools, governors and clerks to governors;
      2. provide information about the service providers and how the key personnel can be contacted;
      3. explain, in outline, the main terms of the service;
      4. give details of the services to be provided;
      5. identify the ways by which the service will be provided;
      6. identify levels of service provision;
      7. describe service provider obligations and commitments;
      8. establish customer commitments;
      9. describe quality assurance systems and procedures for redress if things go wrong.
    2. The purpose of this specification is to ensure that both provider and user are clear about the services to be offered and the ways the services will be delivered. This will help regulate the dealings between the user and the provider by setting out respective obligations relating to performance and payment for the services.
  2. Who are the service providers?
    1. The service provider is The Borough Council of Calderdale, Law and Administration Service - Legal Services.
    2. This service is provided to all local authority maintained schools within the Metropolitan Borough of Calderdale.
    3. If you have any questions about this service or would like further information, please contact:
  3. Service Standards
    1. All core and traded services have agreed to the following principles to ensure that the customer receives a consistently high level of service. This service will:
      1. set standards;
      2. be open and provide full information;
      3. consult and involve;
      4. encourage access and the promotion of choice;
      5. treat all fairly;
      6. put things right when they go wrong;
      7. use resources effectively;
      8. innovate and improve;
      9. work with other providers;
      10. provide user satisfaction.
    2. The following paragraphs explain our service standards and what we are doing to improve them.
      1. Quality awards
        The Local Authority has been awarded the Investors in People Standard (IIP). Legal Services work within this framework to provide an effective support service to schools and Governing Bodies.
        Quite separate from this, Legal Services is working towards LEXCEL accreditation; the Law Society's practice management standard and it has registered its commitment with the Law Society.
        Legal Services also works to the Council's Purpose, Vision, Core Values and Corporate Priorities and, of equal importance, the service supports the Council in the promotion of its Children's Trust Agenda, to ensure that every child matters.
      2. Education expertise
        Legal Services has a wide range of legal expertise in its team, both in terms of education and in the wider sphere of legal work. This includes property work, debt collection, contracts and employment, but this list is by no means exhaustive. The staff have detailed knowledge of the current legislation relating to all of these areas of work and are familiar with the way schools and Governing Bodies operate. This ensures an accurate and speedy response to most issues raised by schools and Governing Bodies.
        All solicitors and legal executives attain the requisite number of training hours to satisfy the Law Society/ILEX practising standards. Non-qualified members of staff complete an agreed training programme, identified through the Council's PAS programme.
      3. Qualified staff
        Legal Services has a dedicated staff of professionally qualified Solicitors and Legal Executives, who are supported by trained support staff. They attend regular meetings with other West Yorkshire lawyers and are thus part of a wide network of lawyers throughout West Yorkshire who all do the same type of work. Legal Services has also entered into partnership with Barristers Chambers in Leeds for the mutual good of both parties and out of which Legal Services receives tailor-made training. It is intended that Legal Services will also enter into partnership with a major private practice firm of Solicitors.
      4. Secure identification, CRB checks
        An identity card system is in place and is operational at all times when on school grounds or other centres where legal staff are required to attend.
      5. Responsiveness
        Legal Services provides a responsive support advice and representation service. The team works to the following response times:
        • Telephone: 48 hours
        • E-mail: ten working days (unless unavailable, when an electronic message will be triggered indicating the length of absence)
        • Fax: ten working days
        • Letter: ten working days
        In complex cases a holding response will be sent giving an indication of how long it is anticipated that a full response will be made.
      6. Courtesy
        You can expect us to be courteous and helpful at all times. When you write to us, telephone us, or visit our offices, the person you are in contact with will give you his or her name and, where appropriate, telephone number.
      7. Properly equipped
        Legal Services has both a paper and an electronic library. It receives daily updates on the law through the internet via Lawtel and is updated daily on changes affecting Local Government, which includes any changes affecting education, again through the Internet via www.info4local.gov.uk. Legal Services also uses Axxia Practice Management System. This is primarily used for logging all matters; time recording; and providing management, financial, billing and client information. Subject to budget provision, the intention is to extend the system to a full matter and case management system, including full case plans, case history and documentation for each matter.
      8. Meets all statutory requirements
        Legal Services meets all of the statutory requirements with regard to provision of advice, support, guidance and training to ensure that schools receive the appropriate legal advice, to enable them to operate efficiently and effectively.
      9. Fully insured
        The service has public liability insurance. In addition, a contribution is made to the Law Society's Compensation Fund through payments for Practising Certificates.
  4. Performance
    1. The following section shows our level of performance, how we have improved over time and how we compare with our metropolitan neighbours.
      1. Of the 103 schools in Calderdale, 101 buy back legal services. None of the schools using the service has expressed dissatisfaction. An annual survey of Legal Services internal clients in 2004/05 indicated 82 per cent satisfaction in terms of quality and 71 per cent satisfaction in terms of time. The annual survey has been extended to include the schools using the service and, in 2004/05, of the responses received, 100 per cent expressed satisfaction with quality and time taken.
      2. Alternative Providers: Solicitors in private practice could provide legal services.
  5. How long will a contract for this service last?
    1. The terms of this core service will be reviewed on an annual basis. The service will be provided under the current terms for one year.
  6. How can the contract for this service be changed?
    1. Any variations to the service required due to legislative changes will be notified to those buying into the service as appropriate.
  7. What services will be provided?
    1. The legal services to be provided include legal advice on the range of responsibilities of schools and representation in courts and meetings when necessary. This includes, for example:
      • advice on 'parents' - who is a parent?; parental rights and responsibilities; contact (access); matrimonial disputes;
      • advice on pupil records and school reports - content; who has access; disclosure and inspection;
      • advice on trespassers, nuisance or disturbance on school premises and violent parents - Section 547 Education Act 1996, and injunctions;
      • advice on legal issues affecting pupils with special educational needs (stages 1 to 3 of the Code);
      • advice on pupil welfare and child protection; discipline and pupils' property issues;
      • advice on organising, and the consequences of, school trips;
      • advice on exclusions - grounds for exclusion; length of exclusion; decision letter; governor appeals;
      • advice on law relating to governing bodies; their composition and appointment/election and their procedures; parents' meetings and school events advice on all contractual matters, terms and conditions, EC regulations, standing orders, etc;
      • advice on tender procedures;
      • advice on debt recovery;
      • claims for damage to property, trespass, etc.
    2. Legal work in connection with school property, which is owned by the Council, will normally be paid for by the Council, and will be done in accordance with its instructions. This includes advice and conveyancing work. Work will be charged if the property belongs to the school. Occasionally schools may seek advice for their own purposes, which may be charged.
    3. Work in respect of Employment Tribunal cases is dealt with on behalf of the Council in community and voluntary controlled schools, as the Council is the respondent in these cases. The school will be involved in the case but instructions will be taken from the Council. Other employment work in these schools will be recharged. All employment work in foundation and voluntary aided schools remains the responsibility of the school and will be charged.
    4. The service user will provide a named person who will be the primary contact for Employment Tribunal cases. This person will need to be available to give instructions to the service provider at all times including school holidays.
  8. How will the service be provided?
    1. The service provider will be able to provide the above mentioned service to the service user:
      • in writing
      • by telephone
      • in person
      • at meetings
      • in court
    2. The service provider will ensure that all staff deployed in the provision of any of the services are suitably qualified and experienced, and that in all cases the services are provided to a sound professional standard.
    3. The service provider will normally issue an acknowledgment of receipt of a communication, stating the name of the fee earner dealing with the matter and estimate of when the matter will be completed. To assist in understanding who deals with what in Legal Services, the service provider will provide a guide to the service.
    4. At the conclusion of a matter, the service provider will report on the outcome and inform the service user of what further action it considers the service user should take. If the service provider holds any original documents or property (such as plans, files, photographs) then the service provider will discuss with the service user arrangements for these to be stored safely. The service provider will make arrangements for safe storage of Council legal documents such as Court Orders, Deeds and Contracts.
    5. The service provider will ensure that the services are provided in accordance with any applicable law or rules of Court.
    6. In the event of a conflict of interest arising which prevents the service provider from acting on behalf of the service user, the latter will be informed immediately of the need to seek legal advice elsewhere.
  9. What do the suppliers expect of me as a customer?
    1. To enable the service provider to provide the services in accordance with the standards of service, the service user shall:
      • ensure that instructions are clear and unambiguous and are given in writing, except in cases of urgency when they may be given by telephone;
      • ensure that full instructions are given sufficiently well in advance of any particular date or time by which advice is needed;
      • ensure that all information and assistance as is reasonably requested by the service provider is provided within such reasonable period as may be specified by the service provider in any particular case or, where no period is specified, that such information and assistance is provided promptly;
      • comply with any additional responsibilities of the service user as specified by the service provider.
  10. How can I be sure of a high quality service?
    1. Legal services have carried out a Best Value Review of the service and will work towards the achievement of LEXCEL accreditation.
    2. The service provider will ensure that confidentiality is observed rigorously. Not only is this done as a matter of course, but as solicitors we have a special duty placed upon us by our Regulator, the Law Society of England and Wales. The service provider will only use the information provided by the service user for the purpose of giving legal advice or, where appropriate, to instruct experts on their behalf. The service provider will not pass on any information to any other organisation or individual without first consulting the service user. The service provider will ensure that personal data is processed in accordance with the Data Protection Acts 1984 and 1998.
    3. The service provider will aim to respond to take the appropriate action referred to within the target response times set out below. From time to time it may be necessary to prioritise matters in order to meet those deadlines which are most critical to the Council's interests. Where this is the case, it may not be possible to respond or act within the target times. In such circumstances the service provider will aim to respond or act as soon as practicable and in any event within 20 working days.
    4. The service provider will:
      • deal with urgent matters immediately;
      • reply to correspondence within five working days of receipt, unless a full response cannot be given in that time;
      • respond to telephone queries immediately if possible, but in any event within 48 hours.
  11. Who do I contact if things go wrong?
    1. Any concerns or complaints about the level or quality of service should be made in the first instance to the officer concerned. If the issue is not resolved to your satisfaction, you should contact:
      • Name
      • Legal Services Manager
      • Address
      • Legal Services
        Westgate House
        Westgate
        Halifax HX1 1PS
      • E-mail
      • maria.lucas@calderdale.gov.uk
      • Telephone
      • 01422 393040
      • Fax
      • 01422 393118
    2. If the issue cannot be resolved, you may wish to invoke the Council's Complaints procedure .
  12. What is the basis of the service price and what will the service cost?
    1. The cost of the service will depend upon the level of complexity of the work in terms of the level of expertise required to do the work.
    2. A schedule of hourly rates is as follows:
      • Legal Services Manager: £97
      • Principal Solicitor: £76
      • Solicitor: £74
      • Legal Officer: £62
      • Legal Assistant: £49
      • Trainee Solicitor: £49
    3. These prices may increase in line with inflation.
    4. Legal Services is charged on a time taken basis, which is based on the hourly rate of the member of staff doing the work. The average current cost is £30 per month per school, based on the number of schools buying back legal services. However this figure is not typical as each school has a varying need for legal support and the service is used only as and when required. All charges are reviewed annually in line with inflation.
    5. Advice and conveyancing work relating to property owned by the LEA, will normally be charged to the LEA. Work in respect of Employment Tribunals, where the school is a community or voluntary controlled school and the Council is the Respondent, will also be charged to the LEA .
  13. How will I be charged?
    1. The Legal Services Manager will monitor the amount being spent by schools on the service and will notify each individual school when it has spent an amount up to £500. Otherwise, a bill for the service will be submitted to the school at the half year end and financial year end.

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Page Published: 28/06/2006 : Last Updated: 05/01/2010