• Good governance is crucial for any well-led organisation to ensure the Board discharges its statutory and regulatory duties to deliver services of the highest standards.

    At Bevan Brittan we have some of the country's leading experts in governance, providing advice to local government, health and housing associations across England and Wales.

    We work with and advise Boards on their governance systems to help them monitor, sustain and improve the quality of their services to ensure they are able to demonstrate this to the public, service users and regulators.

    Local Government

    Within local government we are able to provide a range of governance support, including: 

    • Powers/vires - Advising on the powers of local authorities to take action; in particular to establish and partake in alternative delivery bodies and seek to become self- financing; statutory interpretation and other advice.
    • Decision Making - Advice and assistance in taking decisions, including the distinction between executive, non-executive and local choice decisions; and minimising challenge by ensuring that all relevant considerations are taken into account and go through correct processes/procedures.
    • Conduct and Probity - Advising on probity, ethics and promoting high standards of conduct, including advice on breach of member and Officer Codes of conduct, grievance and disciplinary processes including conduct investigations and hearings.
    • Corporate governance – Advising local authorities on the governance arrangements for the new investment vehicles that we establish as well as providing advice and training on appropriate governance for established vehicles.
    • Local Audit – Advising on local government external audit including finances, accounting, objections and litigation arising out of auditors’ core statutory duties (financial statements/VFM) and additional powers.

    Healthcare

    Within healthcare we advise Boards specifically on the expectation of the Care Quality Commission, the expected Fundamental Standards for any Board, plus the Fit and Proper Test requirements for Executive and Non-Executive Board members. We offer a range of support including:

    • Reviewing how quality governance works in your organisation, including organisational structures, quality monitoring methodologies, engagement and visibility and capturing service user and staff experience.
    • Reporting and accountability including is the Board getting the right information, implementation of actions and learning and quality impact assessments of service reconfigurations
    • Reviewing and advising on policies and procedures, including staff and service user engagement, raising Concerns and Whistle blowing, complaints and incidents
    • Duty of candour, supporting situations where quality has been found lacking including reviews of internal investigations and carrying out independent investigations into serious issues.

    Housing

    Our housing governance team works with registered providers of social housing to provide strategic and best practice governance advice.

    We can assist you with all areas of corporate governance including:

    • Restructuring - providing guidance and assistance on mergers and acquisitions, and associated due diligence
    • Regulatory advice including charity law compliance, breaches of the Regulatory Standards, regulatory downgrades and enforcement action
    • Creation of joint ventures and strategic collaborations with local authorities and private sector developers
    • Governance support, to ensure your organisation complies with constitutional changes and company law.

    Working in partnership with sector organisations we host a range of governance related networking groups for Senior Independent Directors and Company Secretaries. These forums provide a space to discuss business specific issues and stimulate the creation of innovative ideas and solutions.

    The latest governance news and articles can be found at Bevan Brittan's Insight Information Hub 

  • Local Authority constitutions are an essential but complex set of documents, which can be time consuming to manage and keep up to date. 

    Reviewing a constitution will ensure that all mandatory standing orders, statutory and non-statutory guidance and best practice rules have been considered and included. It is recommended that a constitution should be checked every year and fully reviewed every five years, to ensure compliance.

    Combining the review services of ADSO and the legal support of Bevan Brittan, we can provide a full-service constitution review to support your compliance requirements with an efficient and timely approach.

    The review service includes:

    • Review and drafting service
    • Legal health-check
    • Full legal report and advice note with recommendations
    • Meeting support, including attendance at member constitutional working group or committee meetings

    For more information, please contact David Kitson, Philip McCourt and Victoria Barman

Legal Insights

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Bevan Brittan appointed to YPO legal services framework

27/11/2024

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Energy Matters December 2024

06/12/2024

Key updates across the energy sector

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