Collaboration and Partnership Ian Beever, Stuart Tattersall, Ed Humphreys

The Workshop Aim To explore models of collaboration and their legal implications supported by practical tips and good practice examples Objectives Understand the increasing importance of collaboration Identify different models of collaboration and their legal implications Explore examples of good practice and their critical success factors Generate ideas of what could support more robust and successful partnerships in the borough

Drivers Access to funding Development of new means of delivering benefit to beneficiaries, new services, sources of revenue Service delivery/operational efficiency Increase purchasing power Development of staff, expertise, satisfaction, retention

Before you begin Fundamental compatibility of goals/objects Trustees’ duty to advance objects – not charity itself, nor staff Legal powers available Duty of care Conflicts of interest

Before you begin Involvement of stakeholders Risks operational financial reputational Consider the human factor! Legal partnership

Choices – Models of Collaboration Informal collaboration Memoranda of understanding Agreements and sub-contracts Joint ventures Even merger (may be more effective)!

Legal issues – The Joint Venture Types of collaboration limited liability partnership limited company community interest company Profit or profit sharing? Consortium

Legal issues – When Things Go Wrong Dispute resolution Termination – how do we get out, how might they? Who owns what and who is liable for what? Remedies and enforceability

Legal issues – Other Considerations Confidentiality (from the start…) Intellectual property and data protection Shared services, shared property Competition law

Examples of Collaboration London Carers Centre Consortium Hackney VCS Consortium Lambeth LEAP (Early Years Partnership) East London Training and Employment