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Compliance of new company

Tim Shaw made this Freedom of Information request to Bournemouth Borough Council

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Dear Bournemouth Borough Council,

Bournemouth BC is proposing to join with Dorset County Council as a partner in a LATC providing adult social care across three councils.

Please could you provide me with electronic copies of all information that you hold (in addition to the business case) that demonstrate or assesses compliance of the proposed LATC with relevant regulations and laws (EU & UK) and Acts of Parliament. The relevant regulations are highlighted in the Local Government Association’s publication ‘Enterprising Councils getting the most out from trading and charging, 2012 Edition’ (downloadable from the LGA web site) , and include EU Procurement, State Aid and Competition Law, and Employment and Company Law.

Also, on page 25 of the LGA publication is a check list for Councils. Please could you confirm for each of the bullet points listed whether it has been addressed. If they have been addressed, please could you provide me with copies of information that demonstrates this has been achieved.

Yours faithfully,

Tim Shaw

Enquiries CED, Bournemouth Borough Council

If your enquiry is complex or relates to specific personal circumstances
it may take us up to 10 working days to provide the response.

If you are submitting a request for information under the Freedom of
Information/Environmental Information Regulations this automated response
is formal acknowledgement that your request has been received by the
Council.  In most cases you will receive a response within 20 working
days.  If for any reason this is not possible you will be contacted and
advised accordingly.  

Meanwhile you may find the information you require on our website.
[1]www.bournemouth.gov.uk

Kind Regards,

Customer Service team

Bournemouth Borough Council

show quoted sections

References

Visible links
1. http://www.bournemouth.gov.uk/
http://www.bournemouth.gov.uk/

Linda Mason, Bournemouth Borough Council

1 Attachment

Dear Mr Shaw

Freedom of Information Request

I am writing to acknowledge your request for information received on
29.12.2014

 

We are dealing with your request and will be in contact with you again.

 

A response will be made within 20 working days, either supplying you with
the information which you have asked for, or explaining why we cannot
supply it. If we need any further clarification we will contact you.

 

After we have responded to your request, you may receive a short feedback
form.  You are under no obligation to complete the feedback form. 
However, this will help us to assess and improve the service we provide.

 

Yours sincerely

 

 

Linda Mason | Governance Officer  | Business Support Team| Community
Learning & Commissioning Services l Bournemouth Borough Council

Direct Line: 01202 456820 | 121 Canford Avenue | Wallisdown | BOURNEMOUTH
| BH11 8SH

 

[1]http://biz/PublishingImages/Bournemouth_...

 

 

show quoted sections

References

Visible links
1. http://www.bournemouth.gov.uk/

Dear Linda Mason,

Please could you let me have an update or the information I have requested.

Yours sincerely,

Tim Shaw

Linda Mason, Bournemouth Borough Council

1 Attachment

Dear Mr Shaw

 

Thank you for your e-mail dated 27 December in relation to the Local
Authority Trading Company that we are entering into with Dorset County
Council and a copy of the initial cabinet report produced in April 2014
around the core service transformation can be found on our website by
clicking [1]here under item 8 and the subsequent report where Cabinet
approved the introduction of a LATC can be found ([2]here) under item 7. 

 

In relation to the bullet points on page 25 of the Enterprising Council’s
publication, I can confirm the following:-

 

o Fundamental review of activities and as part of that looked at use of
trading and charging powers – the initial business case for Core
Service Transformation outlined the review of Provider Services
(attached above – April cabinet report)
o Adopted a policy on trading and charging that is aligned to council
strategy and a delivery plan – a copy of the charging policy for Adult
Social Care services is attached at attachment 1.
o Considered how a move to greater commercialism will impact on the
current and future workforce of the council and what training and
development may be needed – Any training need for current and future
workforce of the council will be incorporated into the training plan
currently being developed for 2015/16.
o Carried out options appraisals – Options appraisals were carried out
at all stages and considered by Cabinet at their meetings in April and
December.
o Consulted with service users and the wider community where the council
proposes to introduce new charges – Events took place at monthly
intervals with Service users between June and August at different
locations in Bournemouth.  [3]Presentations provided and a timetable
of the events can be found on our website and information about the
LATC was discussed with clients and carers at the April session. 
Comments, questions and answers are attached and were shared following
the event.  Our website also contains an [4]information sheet around
the LATC and further communication was provided through working groups
(minutes available on our website [5]here) and newsletters (the first
of which is available on our website [6]here and subsequent editions
are attached at attachment 3).
o Effectively engaged employees where new trading activities are likely
to involve transferring existing council employees to a company –
Several staff engagement sessions have taken place between April and
July for staff to update them on the proposed changes and formal
consultation with staff took place in June and July around the
proposed changes to the Provider Services structure.  Over coming
months consultation will commence regarding TUPE transfer to the LATC.
o Approve a business case for selected options – Cabinet approved LATC
proposals and a business case at its meeting on 17 December 2014 and a
copy of the report is linked above.

 

 

Linda Mason | Governance Officer  | Business Support Team| Community
Learning & Commissioning Services l Bournemouth Borough Council

Direct Line: 01202 456820 | 121 Canford Avenue | Wallisdown | BOURNEMOUTH
| BH11 8SH

 

[7]http://biz/PublishingImages/Bournemouth_...

 

 

show quoted sections

References

Visible links
1. http://www.bournemouth.gov.uk/SocialCare...
2. http://www.bournemouth.gov.uk/CouncilDem...
3. http://www.bournemouth.gov.uk/SocialCare...
4. http://www.bournemouth.gov.uk/SocialCare...
5. http://www.bournemouth.gov.uk/SocialCare...
6. http://www.bournemouth.gov.uk/SocialCare...
7. http://www.bournemouth.gov.uk/

Dear Linda Mason,

Thank you for your message.

However, it doesn't appear to provide all the information I requested in the second paragraph of my request. Please could you look again at this aspect.

In your reply please could you attach the charging policy of the LATC as it doesn't appear to have been attached to your message.

Yours sincerely,

Tim Shaw

Linda Mason, Bournemouth Borough Council

Dear Mr Shaw

The person who collated the response is on annual leave until Monday so I will ask for the attachment and send it to on Monday.

Yours sincerely

Linda Mason | Governance Officer | Business Support Team| Community Learning & Commissioning Services l Bournemouth Borough Council
Direct Line: 01202 456820 | 121 Canford Avenue | Wallisdown | BOURNEMOUTH | BH11 8SH

show quoted sections

Pauline Lord, Bournemouth Borough Council

10 Attachments

Dear Tim Shaw
 
Please accept our apologies for not attaching the documents as requested
in your FOI below.  I think these were lost in the forwarding process. 
Hopefully our response should now be complete.
 
Kind regards
 
 
Pauline Lord | Business Support Manager | Community Learning &
Commissioning Services | Business Support Team| Bournemouth Borough
Council
Direct Line: 01202 456855 | [mobile number] |121 Canford Avenue
| BOURNEMOUTH | BH11 8SH
 
[1][IMG]
 
 
Dear Mr Shaw
 
Thank you for your e-mail dated 27 December in relation to the Local
Authority Trading Company that we are entering into with Dorset County
Council and a copy of the initial cabinet report produced in April 2014
around the core service transformation can be found on our website by
clicking [2]here under item 8 and the subsequent report where Cabinet
approved the introduction of a LATC can be found ([3]here) under item 7. 
 
In relation to the bullet points on page 25 of the Enterprising Council’s
publication, I can confirm the following:-
 

* Fundamental review of activities and as part of that looked at use of
trading and charging powers – the initial business case for Core
Service Transformation outlined the review of Provider Services
(attached above – April cabinet report)
* Adopted a policy on trading and charging that is aligned to council
strategy and a delivery plan – a copy of the charging policy for Adult
Social Care services is attached at attachment 1.
* Considered how a move to greater commercialism will impact on the
current and future workforce of the council and what training and
development may be needed – Any training need for current and future
workforce of the council will be incorporated into the training plan
currently being developed for 2015/16.
* Carried out options appraisals – Options appraisals were carried out
at all stages and considered by Cabinet at their meetings in April and
December.
* Consulted with service users and the wider community where the council
proposes to introduce new charges – Events took place at monthly
intervals with Service users between June and August at different
locations in Bournemouth.  [4]Presentations provided and a timetable
of the events can be found on our website and information about the
LATC was discussed with clients and carers at the April session. 
Comments, questions and answers are attached and were shared following
the event.  Our website also contains an [5]information sheet around
the LATC and further communication was provided through working groups
(minutes available on our website [6]here) and newsletters (the first
of which is available on our website [7]here and subsequent editions
are attached at attachment 3).
* Effectively engaged employees where new trading activities are likely
to involve transferring existing council employees to a company –
Several staff engagement sessions have taken place between April and
July for staff to update them on the proposed changes and formal
consultation with staff took place in June and July around the
proposed changes to the Provider Services structure.  Over coming
months consultation will commence regarding TUPE transfer to the LATC.
* Approve a business case for selected options – Cabinet approved LATC
proposals and a business case at its meeting on 17 December 2014 and a
copy of the report is linked above.

 
 
 

show quoted sections

Dear Pauline Lord,
Thank you for the additional information.

I still do not appear to have received any information connected with the second paragraph of my request. This was:

Please could you provide me with electronic copies of all
information that you hold (in addition to the business case) that
demonstrate or assesses compliance of the proposed LATC with
relevant regulations and laws (EU & UK) and Acts of Parliament. The
relevant regulations are highlighted in the Local Government
Association’s publication ‘Enterprising Councils getting the most
out from trading and charging, 2012 Edition’ (downloadable from the LGA web site) , and include EU Procurement, State Aid and
Competition Law, and Employment and Company Law.

Please could I have this information soon.

Yours sincerely,

Tim Shaw

Dear Pauline Lord,

I am writing to follow up my last email. Can you reply please

Yours sincerely,

Tim Shaw

Pauline Lord, Bournemouth Borough Council

10 Attachments

Dear Tim
I’m forwarding this email again with the attachments showing at the end of
the emails, which I believe answers your FOI request.  If you feel there
is some information missing, please could you let me know what this is so
I can follow this up. 
 
 
Pauline Lord | Business Support Manager | Community Learning &
Commissioning Services | Business Support Team| Bournemouth Borough
Council
Direct Line: 01202 456855 | [mobile number] |121 Canford Avenue
| BOURNEMOUTH | BH11 8SH
 
 
 
 
Dear Pauline Lord,
 
I am writing to follow up my last email. Can you reply please
 
Yours sincerely,
 
Tim Shaw
 
 
_____________________________________________
From: Pauline Lord
Sent: 06 February 2015 12:12
To: '[FOI #245882 email]'
Cc: Linda Mason
Subject: FW: Freedom of Information request - Compliance of new company
 
 
Dear Tim Shaw
 
Please accept our apologies for not attaching the documents as requested
in your FOI below.  I think these were lost in the forwarding process. 
Hopefully our response should now be complete.
 
Kind regards
 
 
Pauline Lord | Business Support Manager | Community Learning &
Commissioning Services | Business Support Team| Bournemouth Borough
Council
Direct Line: 01202 456855 | [mobile number] |121 Canford Avenue
| BOURNEMOUTH | BH11 8SH
 
[1][IMG]
 
 
Dear Mr Shaw
 
Thank you for your e-mail dated 27 December in relation to the Local
Authority Trading Company that we are entering into with Dorset County
Council and a copy of the initial cabinet report produced in April 2014
around the core service transformation can be found on our website by
clicking [2]here under item 8 and the subsequent report where Cabinet
approved the introduction of a LATC can be found ([3]here) under item 7. 
 
In relation to the bullet points on page 25 of the Enterprising Council’s
publication, I can confirm the following:-
 

* Fundamental review of activities and as part of that looked at use of
trading and charging powers – the initial business case for Core
Service Transformation outlined the review of Provider Services
(attached above – April cabinet report)
* Adopted a policy on trading and charging that is aligned to council
strategy and a delivery plan – a copy of the charging policy for Adult
Social Care services is attached at attachment 1.
* Considered how a move to greater commercialism will impact on the
current and future workforce of the council and what training and
development may be needed – Any training need for current and future
workforce of the council will be incorporated into the training plan
currently being developed for 2015/16.
* Carried out options appraisals – Options appraisals were carried out
at all stages and considered by Cabinet at their meetings in April and
December.
* Consulted with service users and the wider community where the council
proposes to introduce new charges – Events took place at monthly
intervals with Service users between June and August at different
locations in Bournemouth.  [4]Presentations provided and a timetable
of the events can be found on our website and information about the
LATC was discussed with clients and carers at the April session. 
Comments, questions and answers are attached and were shared following
the event.  Our website also contains an [5]information sheet around
the LATC and further communication was provided through working groups
(minutes available on our website [6]here) and newsletters (the first
of which is available on our website [7]here and subsequent editions
are attached at attachment 3).
* Effectively engaged employees where new trading activities are likely
to involve transferring existing council employees to a company –
Several staff engagement sessions have taken place between April and
July for staff to update them on the proposed changes and formal
consultation with staff took place in June and July around the
proposed changes to the Provider Services structure.  Over coming
months consultation will commence regarding TUPE transfer to the LATC.
* Approve a business case for selected options – Cabinet approved LATC
proposals and a business case at its meeting on 17 December 2014 and a
copy of the report is linked above.

 
 
 

show quoted sections

Dear Pauline Lord,

The information you have provided addresses only part of my initial request: i.e. the part: Also, on page 25 of the LGA publication is a check list for Councils. Please could you confirm for each of the bullet points listed whether it has been addressed. If they have been addressed, please could you provide me with copies of information that demonstrates this has been achieved.

Please could I have the information that has not been sent. This unanswered part was highlighted is my previous messages.

Yours sincerely,

Tim Shaw

Pauline Lord, Bournemouth Borough Council

Dear Mr Shaw

I will forward your query to the person who answered your original request and come back to you shortly with the missing information.

Kind regards

Pauline Lord | Business Support Manager | Community Learning & Commissioning Services | Business Support Team| Bournemouth Borough Council
Direct Line: 01202 456855 | [mobile number] |121 Canford Avenue | BOURNEMOUTH | BH11 8SH

show quoted sections

Pauline Lord, Bournemouth Borough Council

Dear Mr Shaw

Thank you for your request for an internal review in regard to your FOI request, received on the 29/12/14.

The purpose of an Internal Review is to assess how your Freedom of Information request was handled in the first instance and to determine whether the original response provided met with the requirements of the legislation. This is an independent review undertaken by the Information Governance Team, which has not previously been engaged in your request.
We have reviewed the response and documentation provided and consulted with responsible officers and we are of the view that the Council has responded to your request as fully as it can and has provided, or directed you to, all relevant information that it currently holds in regard to the creation of the LATC for adult provider services. We have provided a response under each of the checklist items detailed in the Enterprising Councils document and either provided supporting documentation, or referred you to our website for information that is already publicly available.

We are sorry that this does not meet with your expectations, but assure you that every effort has been made to provide the most comprehensive response that we can.

If you are not content with the outcome of this internal review you have the right to apply to the Information Commissioner’s Office. The Commissioner is an independent regulator who has the power to direct us to respond to your request differently, if he considers that we have not complied with the legislation.

You can contact the Information Commissioner’s Office at the following address:

Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire
SK9 5AF

Yours sincerely

Pauline Lord | Business Support Manager | Community Learning & Commissioning Services | Business Support Team| Bournemouth Borough Council
Direct Line: 01202 456855 | [mobile number] |121 Canford Avenue | BOURNEMOUTH | BH11 8SH

show quoted sections

Dear Pauline Lord,

I'm puzzled by your last message as I did not asked for an 'internal review' of my request.

I am finding it difficult to locate within the information that you have sent the relevant information that addresses part of my initial request.

I would be grateful if could you point me towards the information that you have sent that you think deals with the part of my request reproduced in the following paragraph:

Please could you provide me with electronic copies of all
information that you hold (in addition to the business case) that
demonstrate or assesses compliance of the proposed LATC with
relevant regulations and laws (EU & UK) and Acts of Parliament. The
relevant regulations are highlighted in the Local Government
Association’s publication ‘Enterprising Councils getting the most
out from trading and charging, 2012 Edition’ (downloadable from the LGA web site) , and include EU Procurement, State Aid and
Competition Law, and Employment and Company Law.

Yours sincerely,

Tim Shaw

Pauline Lord, Bournemouth Borough Council

Dear Mr Shaw

Further to your email below, on Friday 20th March I am meeting with the person who provided the information for you and we will go through your request and our responses to establish what information you believe is missing and whether we are able to provide it. I will come back to you as soon as possible after this. I trust this is satisfactory.

Yours sincerely

Pauline Lord
Business Support Manager
Adult Social Care
Tel: 01202 456855

show quoted sections

Beverley Cook, Bournemouth Borough Council

12 Attachments

Dear Mr Shaw
 
Following your recent e-mailed communication with Pauline Lord, Pauline
has asked me to respond to your most recent e-mail as she is now on annual
leave.
 
As Bournemouth are only in the very early stages of implementation (go
live date is later this year) I am afraid at the present time there is
only limited information that we can provide in response to your freedom
of information request and the information available has been provided in
previous responses.  I however noted that the previous website links
provided are now historical due to a recent change in our Bournemouth
Borough Council website and I have pleasure in providing updated links
below:
 

* cabinet report produced in April 2014 around the core service
transformation is available [1]here under item 8 and the subsequent
report where Cabinet approved the introduction of a LATC is within the
attached document under item 7. 

* Consulted with service users and the wider community where the council
proposes to introduce new charges – As explained in previous
correspondence engagement events took place at monthly intervals with
Service users between June and August at different locations in
Bournemouth.  All information provided at these sessions can be
obtained on our website via this link:
[2]www.bournemouth.gov.uk/socialcarechanges 

 
I hope that this deals with your request satisfactorily but should you
have any further queries then please don’t hesitate to contact Pauline
Lord next week as I am on annual leave now until Monday 13 April and a
response to my mailbox will be subject to a delay in response.
 
The information supplied to you is subject to copyright protection under
the Copyright, Designs and Patents Act 1988. You are free to use it (not
including logos) for non-commercial purposes. You must re-use it
accurately and not in a misleading context, and acknowledge us as your
source. Re-use for commercial purposes may require a licence. Initial
enquiries about re-using all or part of this information for commercial
purposes should be directed to the Council’s Corporate Information
Compliance Officer who can be contacted by email at
[3][email address], or in writing to:
 
Bournemouth Borough Council
Legal Services
Bourne Avenue
Bournemouth
BH2 6DY
 
Where third party copyright material has been provided, you must ensure
you have gained the permission of the third party before reproducing the
information.  If you are unsure as to whether copyright applies, please
contact the third party for clarification.
 
To help us assess and improve the services we provide you may receive a
short feedback form.  However, should you wish to provide feedback direct,
you can do so by completing the online form found at:
[4]www.bournemouth.gov.uk/requestfeedbackform
 
If you are dissatisfied with this response you can ask for a review, which
will be dealt with through the Council’s complaints procedure. Details of
the complaints procedure can be found at:
[5]http://www.bournemouth.gov.uk/AdviceBene...
 
If you are dissatisfied with the outcome of the Council’s review you have
the right to refer the matter to the Information Commissioner’s Office.
Contact details for the Information Commissioner can be found at:
[6]www.informationcommissioner.gov.uk
 
Bev Cook
Business & Project Support Officer to Service Director
Adult Social Care
T: 01202 458707  M: 07824 473524  W: bournemouth.gov.uk
[7][IMG]
_____________________________________________
From: Pauline Lord
Sent: 03 March 2015 09:25
To: '[FOI #245882 email]'
Cc: Linda Mason
Subject: FW: Freedom of Information request - Compliance of new company
 
 
Dear Tim
I’m forwarding this email again with the attachments showing at the end of
the emails, which I believe answers your FOI request.  If you feel there
is some information missing, please could you let me know what this is so
I can follow this up. 
 
 
Pauline Lord | Business Support Manager | Community Learning &
Commissioning Services | Business Support Team| Bournemouth Borough
Council
Direct Line: 01202 456855 | [mobile number] |121 Canford Avenue
| BOURNEMOUTH | BH11 8SH
 
 
 
 
Dear Pauline Lord,
 
I am writing to follow up my last email. Can you reply please
 
Yours sincerely,
 
Tim Shaw
 
 
_____________________________________________
From: Pauline Lord
Sent: 06 February 2015 12:12
To: '[FOI #245882 email]'
Cc: Linda Mason
Subject: FW: Freedom of Information request - Compliance of new company
 
 
Dear Tim Shaw
 
Please accept our apologies for not attaching the documents as requested
in your FOI below.  I think these were lost in the forwarding process. 
Hopefully our response should now be complete.
 
Kind regards
 
 
Pauline Lord | Business Support Manager | Community Learning &
Commissioning Services | Business Support Team| Bournemouth Borough
Council
Direct Line: 01202 456855 | [mobile number] |121 Canford Avenue
| BOURNEMOUTH | BH11 8SH
 
[8][IMG]
 
 
Dear Mr Shaw
 
Thank you for your e-mail dated 27 December in relation to the Local
Authority Trading Company that we are entering into with Dorset County
Council and a copy of the initial cabinet report produced in April 2014
around the core service transformation can be found on our website by
clicking [9]here under item 8 and the subsequent report where Cabinet
approved the introduction of a LATC can be found ([10]here) under item 7. 
 
In relation to the bullet points on page 25 of the Enterprising Council’s
publication, I can confirm the following:-
 

* Fundamental review of activities and as part of that looked at use of
trading and charging powers – the initial business case for Core
Service Transformation outlined the review of Provider Services
(attached above – April cabinet report)
* Adopted a policy on trading and charging that is aligned to council
strategy and a delivery plan – a copy of the charging policy for Adult
Social Care services is attached at attachment 1.
* Considered how a move to greater commercialism will impact on the
current and future workforce of the council and what training and
development may be needed – Any training need for current and future
workforce of the council will be incorporated into the training plan
currently being developed for 2015/16.
* Carried out options appraisals – Options appraisals were carried out
at all stages and considered by Cabinet at their meetings in April and
December.
* Consulted with service users and the wider community where the council
proposes to introduce new charges – Events took place at monthly
intervals with Service users between June and August at different
locations in Bournemouth.  [11]Presentations provided and a timetable
of the events can be found on our website and information about the
LATC was discussed with clients and carers at the April session. 
Comments, questions and answers are attached and were shared following
the event.  Our website also contains an [12]information sheet around
the LATC and further communication was provided through working groups
(minutes available on our website [13]here) and newsletters (the first
of which is available on our website [14]here and subsequent editions
are attached at attachment 3).
* Effectively engaged employees where new trading activities are likely
to involve transferring existing council employees to a company –
Several staff engagement sessions have taken place between April and
July for staff to update them on the proposed changes and formal
consultation with staff took place in June and July around the
proposed changes to the Provider Services structure.  Over coming
months consultation will commence regarding TUPE transfer to the LATC.
* Approve a business case for selected options – Cabinet approved LATC
proposals and a business case at its meeting on 17 December 2014 and a
copy of the report is linked above.

 
 
 

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Tim Shaw please sign in and let everyone know.