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Collaboration and Partnership
Ian Beever, Stuart Tattersall, Ed Humphreys
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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
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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
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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
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Before you begin Involvement of stakeholders Risks
operational financial reputational Consider the human factor! Legal partnership
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Choices – Models of Collaboration
Informal collaboration Memoranda of understanding Agreements and sub-contracts Joint ventures Even merger (may be more effective)!
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Legal issues – The Joint Venture
Types of collaboration limited liability partnership limited company community interest company Profit or profit sharing? Consortium
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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
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Legal issues – Other Considerations
Confidentiality (from the start…) Intellectual property and data protection Shared services, shared property Competition law
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Examples of Collaboration
London Carers Centre Consortium Hackney VCS Consortium Lambeth LEAP (Early Years Partnership) East London Training and Employment
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