An opportunity to join our team

North West Leicestershire District Council Logo

Senior Planning Solicitor

Full time permanent contract

Band G plus up to 5 market supplements

£35,336 – £44,624 per annum

Are you ready to step into a management role, or do you have existing management experience that you would like to continue to develop?

Do you enjoy, and have significant experience in, the areas of planning and regional development?

Would you like to have the opportunity to further develop your skills by receiving mentoring support from a leading national law firm?

If you have answered yes to these questions, our Senior Planning Solicitor vacancy might be the role for you!

What are we looking for?

As our new principal planning lawyer you will lead on all planning legal matters for the Council, as well as external clients (as required).  You will have line management responsibility for one team member, so previous line management experience, or an eagerness to step into a management role, is required.  As a senior member of the legal team, you will assist and support the Legal Services Team Manager and Head of Legal and Commercial Services in areas of corporate governance, as well as building strong and lasting internal and external relationships.

What can we offer to you? 

This is a fantastic opportunity for a specialist planning lawyer to take a step up into a senior role, taking on new challenges and management responsibilities.  Your development is important to us, so we will support you throughout as you take this next step in your legal career.

Are we right for you? 

NWLDC is a solution-focussed council.  Through listening and fair and balanced decision-making, we strive to do the best we possibly can for our community.

Legal Services play a vital role in ensuring good governance and helping officers find solutions to problems with a ‘can do’ approach.  The Legal Services team has an existing external client base of 32 clients, with plans to grow it even further.

You will be joining a team of specialist lawyers, each with their own areas of expertise, including contracts and procurement, property, regulatory and enforcement.  Our structure enables everybody to focus on their own specialisms whilst also being exposed to other areas of law through close working relationships with colleagues.

You will be supported by a first-class administration and practice management team, as well as working closely with information governance colleagues as needed.

As a Council we are embracing flexible working, acknowledging that the old days of 9-5 at the office do not need to be the norm.  Your role will be classed as a hybrid role, recognising that there may be times when you need to attend the offices (for example, to attend a committee meeting) but outside of that, as long as it works for us and our customers too, we are happy for you to take a flexible approach to your working arrangements.

Are you right for us? 

We want you to succeed in this role.  To do so, you will need to be able to undertake work in the areas of planning and regional development; S106 agreements; planning enforcement; permitted development; and compulsory purchase orders.  You will also need to be comfortable acting as advisor to the Council’s planning committee and as an advocate at public/ planning enquiries and all courts.

You will need to be able to advise in the context of local government law and therefore experience of this is desirable but not essential, as we would hope that this develops over time.

To fit in well with the team, you will be proactive, a quick learner, able to work flexibly and someone who can bring enthusiasm to the role.

If you would like to know more about the role feel free to contact Kate Hiller, Legal Services Team Manager on 01530 454379 or by email to kate.hiller@nwleicestershire.gov.uk

You can apply for any of our posts online at https://www.nwleics.gov.uk/pages/jobs_and_careers

Applications must be made using the on-line application process.

Disabled applicants who meet the essential criteria for the job will be guaranteed an interview.

We welcome applications from all sections of the community.

Closing Date: Sunday 22 May 2022

Come and join our team

North West Leicestershire District Council Logo

Senior Property Solicitor

Part-time permanent contract, 21¾ hours per week

Band G £21,201 – £23,742 per annum

(annual equivalent salary £35,336 – £39,571 per annum)

Are you ready to step into your first management role, or do you have existing management experience that you would like to develop more?

Do you enjoy and have significant experience in the areas of residential and commercial property?

Would you like to have the opportunity to further develop your skills by gaining experience in large regeneration projects?

If you have answered yes to these questions, our Senior Property Solicitor vacancy might be the role for you!

What are we looking for?

As our new principal property lawyer you will lead on all complex property legal matters for the Council, as well as external clients (as required).  You will have line management responsibility for one team member, so previous line management experience, or an eagerness to step into a management role, is required.  As a senior member of the legal team, you will assist and support the Legal Services Team Manager and Head of Legal and Commercial Services in areas of corporate governance, as well as building strong and lasting internal and external relationships.

Are we right for you? 

NWLDC is a solution-focussed council.  Through listening and fair and balanced decision-making, we strive to do the best we possibly can for our community.

Legal Services play a vital role in ensuring good governance and helping officers find solutions to problems with a ‘can do’ approach.  The Legal Services team has an existing external client base of 32 clients, with plans to grow it even further.

You will be joining a team of specialist lawyers, each with their own areas of expertise, including contracts and procurement, planning, property, regulatory and enforcement.  Our structure enables everybody to focus on their own specialisms whilst also being exposed to other areas of law through close working relationships with colleagues.

You will be supported by a first-class administration and practice management team, as well as working closely with information governance colleagues as needed.

As a Council we are embracing flexible working, acknowledging that the old days of 9-5 in the office do not need to be the norm.  Your role will be classed as a hybrid role, recognising that there may be times when you need to attend the offices (for example, to complete transaction documents) but outside of that, as long as it works for us and our customers too, we are happy for you to take a flexible approach to your working arrangements.

Are you right for us? 

We want you to succeed in this role.  To do so, you will need to be able to undertake work in the areas of commercial and residential property; due diligence; property transactions; regeneration projects; and compulsory purchase orders.

You will need to be able to advise in the context of local government law and therefore experience of this is desirable but not essential, as we would hope that this develops over time.

To fit in well with the team, you will be proactive, a quick learner, able to work flexibly and someone who can bring enthusiasm to the role.

If you would like to know more about the role feel free to contact Kate Hiller, Legal Services Team Manager on 01530 454379 or by email to kate.hiller@nwleicestershire.gov.uk

 

You can apply for any of our posts online at https://www.nwleics.gov.uk/pages/jobs_and_careers

Applications must be made using the on-line application process.

Disabled applicants who meet the essential criteria for the job will be guaranteed an interview.

We welcome applications from all sections of the community.

Closing Date: Wednesday 18 May 2022

Taxi and Private Hire Vehicle Licencing

Lauren Sturgess, Trainee Solicitor

by Lauren Sturgess, Trainee Solicitor

Whilst working as a trainee solicitor at North West Leicestershire District Council (NWLDC) I have been able to experience the law, regulations and requirements around Taxi and Private Hire Vehicle Licencing for Local Authorities, whilst working alongside our litigation, regulatory and enforcement solicitor.

So far this experience has included attending a Taxi and Private Hire sub-committee meeting and an appeal hearing at the Magistrates’ Court, and experiencing the preparation required by both the licencing team and the legal team ahead of these meeting and hearings.

Legal Framework

As NWLDC is a licencing authority, we have the responsibility of ensuring the public travel in ‘safe, well maintained vehicles driven by competent drivers’.

Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 (the Act) sets out that a district council shall not grant a licence unless they are satisfied that the applicant is a fit and proper person to hold a driver’s licence. Therefore, in order to qualify to hold a licence, you must be deemed ‘fit and proper’.

This applies where a person applies for a taxi licence, and where the decision is being made to suspend or revoke an existing licence.

Section 61 of the Act deals with the suspension and revocation of driver’s licences and allows a district council to suspend or revoke or refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on any of the following grounds:

(a) That he has since the grant of the licence-

  1. been convicted of an offence involving dishonesty, indecency or violence; or
  2. been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 or of this Part of this Act;

(aa) that he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty; or

(b) any other reasonable cause.

Any “other reasonable cause” therefore includes where the driver is no longer considered to be fit and proper to hold a driver’s licence.

This test is applied to each individual case and a decision is made by the individual district council’s regulatory/licencing sub-committee.

How is a decision made?

The Department for Transport has issued statutory guidance on the ‘fit and proper person test’ as follows:

“Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night? If, on the balance of probabilities, the answer to the question is ‘no’, the individual should not hold a licence.”

The local government association have also issued a handbook which sets out guidance for Local Authorities in making taxi licencing decisions and have summarised the above guidance with a reasonable rule of thumb to ask when considering a taxi licencing decision ‘would I be happy letting my wife/husband/daughter/son be driven by this driver?’. If we cannot be confident that the answer is ‘yes’, then a licence should be refused.

Decision and Appeal

If it is found that an existing licence holder is no longer deemed to be a ‘fit and proper’ person, the licencing authority can suspend the licence or revoke the licence. Where a district council suspend, revoke or refuse to renew any licence they shall give to the operator notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew the licence within 14 days of such suspension, revocation or refusal.

Under section 61(3) of the Act, the licenced driver has the right to lodge an appeal with the Magistrates’ Court. If an appeal is lodged, a licenced driver can continue to work until the outcome of the appeal has been decided.

A licence can however be suspended or revoked with immediate effect. The effect of this is that the licence holder must stop working immediately, and will therefore not be able to of continue to work whilst any appeal is determined. Immediate suspension or revocation is reserved for matters where such action is in the interest of public safety.

Procurement Bill

Kate Hiller Team Manager

by Kate Hiller, Team Manager

What can we expect from the upcoming Procurement Bill?

Ever since the UK left the EU, there has been talk of new procurement rules and in December 2020 the Government set out in a green paper its proposals for bringing in procurement reform.  A consultation between 15 December 2020 and 10 March 2021 gathered feedback from over 500 stakeholders and organisations and at the end of last year the Government published its response.

So what has the green paper and consultation told us about the upcoming reforms?  Some of the changes local authorities can expect to see are:

  • A mixture of principles, objectives and obligations – the government proposed a number of principles that would be included, however, following the consultation feedback it is now proposed that some principles will be objectives instead. The government has also made it clear that there will be obligations at each stage of the process that will be separate from the principles and objectives.  The terms used are all likely to be familiar to procurement lawyers (value for money, transparency, non-discrimination, etc.) but the key will be getting to grips with which category they fall under and the extent to which they become legal requirements of the process.
  • A simpler regulatory framework – it is being proposed that a single, uniform framework replaces the various procurement regulations we have in place currently, covering public contracts, concession contracts, utilities contracts and defence and security contracts. This is unlikely to impact local authorities significantly as in most cases the procurements they are conducting are most likely to be under the Public Contract Regulations 2015, however, when local authorities do need to procure other types of contracts, it may help to not have to get to grips with a new set of regulations.  It is also positive that the government is looking to secure integration between local authorities and the NHS in relation to joint commissioning.
  • New procedures – the current set of procurement procedures under the various regulations are set to be replaced by 3 ‘modern’ procedures, including the open procedure, a flexible competitive procedure and a limited tendering procedure. Local authorities are likely to be most used to the open procedure as this tends to be the most commonly used procedure, which it seems is set to remain.  If local authorities are looking to do something different though, it seems that the new flexible competitive procedure is intended to make it easier to negotiate and innovate.  The government was intending to remove the light touch regime, on the basis that the flexible competitive procedure would provide enough flexibility without the need for a separate regime for certain contracts, however, following the consultation it has accepted that it will remain in some form, with a review of which contracts it applies to.
  • MAT instead of MEAT – local authorities will be used to awarding contracts on the basis of the ‘most economically advantageous tender’ but the proposal is to remove the economic aspect and award on the basis of the ‘most advantageous tender’. This goes some way to address the inherent conflict between social value objectives and the need to secure an economically advantageous deal.  This will hopefully help local authorities with aspirations to award to more local suppliers for the benefit of their community.

The above are just a few of the proposed changes, which are likely to be of most interest to local authorities in their day-to-day procurement activities.  In addition to the above, the government is introducing a new Procurement Review Unit (PRU), different grounds for exclusion of bidders, a central debarment list, provisions to be able to take account of bidder past performance and a new DPS+ procedure, as well as court reforms in relation to how procurement challenges are made.

If you are interested to find out more, then the government green paper can be accessed here and the consultation responses here. If you need any specialist advice on any procurement related matters, feel free to contact us on legal@nwleicestershire.gov.uk.

Recent events we’ve attended…

by Kerryn Woollett, Senior Solicitor

NWL Legal recently took part in De Montfort University’s (DMU) Legal Networking Event held over 3 days from 15 to 17 November 2021.

NWL Legal delivered a webinar providing students with an insight into what it’s like to work in the Legal Team at a Local Authority.

Local Authorities are a pivotal part of government and provide a vital role for local communities, however, sometimes the career opportunities at Local Authorities are not realised.

DMU’s Legal Networking Event gave NWL Legal the opportunity to promote the work it does for the district to aspiring law students to help them consider a career in Local Government. Work includes regulatory enforcement such as licensing, statutory nuisance, health and safety, and housing conditions as well as planning, commercial and property law.

Legal work carried out by NWL Legal’s is complex and varied and offers students a challenging and exciting career.

NWL Legal’s trainee solicitor also took part in the webinar and offered students a valuable insight into what it’s like undertaking a training contract with a Local Authority. The benefits are being able to carry out work in a number of different areas of law simultaneously as well as the high level of support offered by team members. Working in a small legal team also gives the trainee the opportunity to get involved in legal work, such as legal research and managing her own files, from an early stage.

In addition to the webinar, NWL Legal’s Team Manager also delivered 1 to 1 sessions with students. This enabled students to have individual time with a highly experienced solicitor where they could ask all those burning questions about what a career in law is really like.

NWL Legal is grateful to DMU for the opportunity to participate in this event and looks forward to working with DMU in the future.

NWL Legal has also been getting back into to the “real world”. NWL Legal attended both the Society of Local Council Clerks (SLCC) conference in October and the University Vocational Awards Council (UVAC) conference in November. These conferences offered delegates the option of attending in person or online. It was about a 50/50 split between online attendees and face to face attendees, showing the convenience provided by the virtual world will ensure virtual conferences/meetings etc. are here to stay. However, NWL Legal chose to attend in person where it had an exhibitors stall. It was great to see people in the flesh and have them pop over to our stall to discuss all things legal but not only that, just to have a friendly chat.

These conferences were well received by all and NWL Legal looks forward to being involved again in the future.

Disposal of Local Authority Land

Helen Lisney

by Helen Lisney, Legal Officer

In the current economic climate local authorities are always looking for ways to tighten their belts and may look to realise assets to enable them to continue to carry out their services.

The Government policy is currently that local authorities should dispose of surplus or underused land.

If a local authority is minded to dispose of any land in its ownership it will need to take into consideration the provisions of the Local Government Act 1972

Section 123 of the Local Government Act 1972 provides that a principal council (including a district council) has a general power to dispose of land in any manner they wish, subject to the conditions imposed by that section.

Section 127 mirrors the provisions in relation to land held by parish councils.

The following dispositions are classed as disposals:-

  • A sale of freehold
  • The grant or assignment of a lease exceeding seven years
  • The grant of an easement.

Whereas most private land owners are free to sell their land at whatever price they choose, a local authority is in effect acting as trustee for the community. Section 123(2) provides that a council shall not dispose of land for any consideration less than the best that can be reasonably obtained in the market except with the express consent of the Secretary of State.

Open Space – under section 123(2A) of the Act if a local authority wish to dispose of land held for open space purposes then they are required to advertise their intention in a local newspaper for two consecutive weeks and to consider any objections received. It is important that this is done before any final decision is taken on the disposal so it can be shown that proper consideration has been given to any objections raised. It is important to note that this requirement will relate to any lease of local authority open space land even if the lease is to be granted for a period of less than seven years.

The consideration at best value is calculated on a purely financial basis and often a local authority will wish to take other matters, such as ethical issues or community benefit into consideration when disposing of land.

If a local authority considers that it is appropriate to dispose of land at less than best value then it will need to obtain the consent of the Secretary of State. The Secretary of State has granted a general disposal consent in relation to local authority land. The Local Government Act 1972 General Disposal Consent 2003 enables a local authority to dispose of any interest in land that it considers will help to secure the promotion of the economic, social or environmental well-being of its area.

The general consent will not apply to any transactions where the undervalue is in excess of £2 million pounds, in which case a specific consent will need to be applied for.

The general consent will also not apply to land held for housing purposes, although there are general consents relating to types of disposals relating to this land.

Assets of Community Value

It is not unusual for land owned by Local Authorities to be registered as an Asset of Community Value under the provisions of the Localism Act 2011. Whilst this does not prevent the disposal, if does confer additional duties on the land owner (e.g notices to interested parties and moratorium periods). Any local authority seeking to dispose of such land will need to ensure that the provisions of the Localism Act 2011 are followed.

When determining whether to disposing of land the local authority should take the following steps:-

  • Ensure that it complies with any procedural requirements (e.g in relation to open space)
  • Either market the property, or obtain a professional valuation of the property and any undervalue to ensure that you are aware of the best consideration.
  • Ensure that any legal or other professional advice has been considered, and that any decision to dispose of land at an undervalue has been documented and is capable of justification.
  • Ensure that any disposal is in line with the Council’s policies.
  • Ensure that any decision to dispose of land at an undervalue falls within the General Disposal Consent.
  • Ensure that if the land is listed as an Asset of Community Value, all of the notice and moratorium requirements are followed.

Provided that these steps are followed, and the appropriate legal and property advice is obtained, then a local authority should be able to dispose of any land surplus to its requirements.

Working remotely as a Trainee Solicitor

by Lauren Sturgess, Trainee Solicitor

I have been working as a trainee solicitor at North West Leicestershire District Council for five months now. I am really enjoying the position and what it entails and feel that I am now confidently settling into the position.

As a trainee in any job would be, I was slightly apprehensive about starting my new position as a trainee solicitor working remotely. I questioned whether I would be able to learn and develop the skills and knowledge required to qualify as a solicitor in the same way that I would working in an office alongside my colleagues. However, five months in, I feel that I have really adapted to working remotely and I am continuously learning each day. The help and support from the legal team has been great – knowing any of the team are only a Microsoft Teams call away to assist me with any queries or questions I have.

I also feel that working from home has enabled me to become more of an independent learner. I am having to use more of my own initiative to complete tasks independently, to then receive feedback from my supervising colleagues. I personally feel this is a good way of learning for me as it really enables me to develop new skills, which can be used again in the future. It has also enabled me to ensure I am proactive with asking questions, to ensure I am obtaining the most out of my training in each area.

Thinking practically, working remotely has also enabled me to be able to work well and adapt to working in many different environments. I really believe this is a good skill to have given that many employers are starting to reflect the Council’s modern way of working, incorporating remote working into many roles. One example of this is as part of a professional skills course (an educational course which I am required to complete to become a qualified solicitor) I had to undertake an advocacy module online. Although I felt I may have benefited from the training face to face, it was really beneficial to develop the skills online when I considered that currently many Court hearings are remote. Someone who may have undertook the training in person, may feel they are limited to that face to face environment and may be apprehensive about conducting any advocacy online.

In addition to this, as a trainee there are so many online training courses and webinars available to me. This is particularly beneficial as I can fit the training around my day and complete the courses from my own home, as apposed to the logistics of having to arrange travel and a full day of absence.

One thing I would say I have found challenging is the reduced social contact having never worked from home before. I feel I am quite a sociable person and have really become used to this in my previous working life, having worked in retail for a number of years alongside my university studies. However, as I am adapting to remote working I am becoming more and more comfortable with working from home and developing a good daily working routine. Having a scheduled daily meeting with the whole of legal also provides a good way of communicating with my colleagues. I also have a number of meetings each week with my supervising solicitors and clients which helps too.

Another challenge I found when starting my position at the Council in a remote environment was not being able to meet with Members of the Council and my colleagues. It was quite overwhelming at first to be communicating via email with a number of different names and positions within the Council but not being familiar with the officers and their roles.

However, this challenge was overcome through arranging meet and greets over Microsoft Teams with a number of officers and Heads of Service within the Council. This enabled me to introduce myself and my background to a number of officers I would be working with regularly throughout my training contract. It also enabled me to obtain a better understanding of each department’s work responsibilities and the kind of work they require from legal.

Along with the majority of officers within the Council, as a trainee it has been great to enjoy the benefits of being able to work from home and working flexibly. I feel the remote position has enabled me to develop a good work life balance- especially being able to log off from work and already be at home, saving myself an hour of travel each day!

Working remotely has also not limited the range and depth of legal work that I have found myself involved in over the past four months. Working within contracts, property, litigation and planning law has meant that every day working as a trainee solicitor for the Council feels unique. It has enabled me to develop new skills and interests, and face new challenges each day.

So far I have really enjoyed the work I have undertaken in civil litigation. Working with our Senior Solicitor, Kerryn Woollett on disrepair claims has been really insightful to understand the process and stages that must be followed in response to a claim. It has also been really interesting working on Court forms and documents, such as Acknowledgment of Service and Defences that are require a lot of attention to detail.

I have also worked on civil injunction applications. As part of this, it was good to meet with the environmental protection officers. During this I had to seek instructions from internal clients and advice from our appointed barrister as well as respond to the defendant’s solicitor, all on the day of the hearing, as my supervising solicitor was away. This felt quite high pressure at the time but I was glad that it all went well!

Within planning I have been drafting a number unilateral undertakings for planning applications, mainly for River Mease contributions. This has been really insightful, particularly due to my lack of planning knowledge before this role. It has been good to see the kind of agreements entered into when planning applications are granted and the information that must be included in a formal document to give effect to these agreements.

When working in property I have been working alongside our Legal Officer, Helen Lisney on sales of Council owned houses to existing tenants under the Right to Buy Scheme. I have really enjoyed this so far seeing how the sale progresses from start, to eventually completion. The more I am working on these sales I am feeling more confident to complete the stages independently and correspond with the buyer’s solicitors.

Finally, within contracts I have really enjoyed drafting a Contract for Services and seeing the stages that follow on to completion of an agreement after the contract is drafted. It has also been a really good way for me to understand what’s happening within the local area to see what contracts the Council are involved in.

Six tips for managing multi-generational teams

by Elizabeth Warhurst, Head of Legal and Commercial Services and Monitoring Officer

Elizabeth was asking by the Law Society to write an article about how she tailors her management style to suit everyone within a multi-generational team. Elizabeth explains her approach and shares her tips here.

7 months and not even counting!

by Kate Hiller, Team Manager and Deputy Monitoring Officer

It has been 7 months since I joined NWL Legal as the Legal Team Manager and I can honestly say that the time has flown by!  So much has happened in that time and I am proud of what we as a team have achieved over the past few months, especially in this new virtual world.

I never would have imagined that I would be starting somewhere new and spending the first 7 months only having met a couple of the team in person.  It is truly testament to what a fantastic team we have that notwithstanding this, I felt welcome from day 1.  It feels like we are a tight knit team, even though we are all remote working, proving that distance does not have to be a barrier to effective team working.

During my time here, I have seen talent move on in our planning lawyer moving onto pastures new and our previous trainee solicitor qualifying (and securing herself a post-qualification local government role) but have welcomed new talent in our new trainee solicitor, Lauren.  This reflects the growing our own nature of our team and we are grateful to have the resources and opportunity to develop up and coming lawyers in this way.

As a Council, we have seen Members return to face-to-face committee meetings, we have reviewed our constitution and are going through governance processes to approve the changes, and we have grappled with the new LGA Model Code of Conduct for Members, working with our neighbouring Leicestershire authorities and the LGA to make consistent changes.  We have also proudly incorporated EM Dev Co Limited as a development collaboration between local authorities, with lawyers working as part of a project team within NWLDC and being a legal lead for the 3 district and boroughs involved.

Within the Legal team, we have been reviewing our processes – not least because of our new ways of working.  The team have embraced working flexibly whilst ensuring we still deliver excellent client service and meet client needs.  We have moved to monthly billing to give both our external clients and us more certainty on fees.  We have also been reviewing how our internal clients instruct us and how we instruct external solicitors when we need to, in order to make sure everybody gets the right advice when they need it.

The team has ploughed through numerous land transactions, contracts, planning agreements and enforcement matters, all with good humour and dedication to achieving the client’s objectives.  It was fantastic to see the achievements of Kerryn and Rebecca being recognised when they were shortlisted for the LLG awards last month and I was delighted that Kerryn won the Best Newcomer Award having done an excellent job settling into a new role during the pandemic (having started only a few months before me).

Having changed councils for the first time in my 9-year legal career, I have learnt that every council is different but also in many ways, they are completely the same!  It has been a fantastic 7 months and I cannot wait to see what the next few months have in store…

Getting the Hang of Data Protection

by Rebecca Elliott, Solicitor

For a long time I have found that very few people really understand the implications and requirements of Data Protection Legislation and simply add it in to agreements because they have to.

This week after some work with our Data Protection Officer, Nicola, it finally clicked into place for me as to exactly why we are insisting on the certain requirements in, what seems like, everything  we do.

And the answer… well its really just common sense so I wanted to share this.

Data Protection in the context of the Data Protection Act 2018 relates to personal data, so anything that identifies a person e.g. name, address, date of birth, address, email address.

When this is collected from someone that person will be aware of the reasons they are providing the information (or at least they should be).  For example, they are signing up for a course and need to provide their email address so that course materials can be sent over or their phone number so that if there is a change of venue this can be communicated.

It is not necessary to go into this level of detail so long as the person providing the data knows that it will be used to facilitate the course they are signing up to.

Further, it might not be appropriate to go through this sort of detail in a phone call or enquiry email so the person (the data subject) can be referred to a Privacy Statement.

Privacy statements are documents that explain exactly how data will be used and how long it will be kept for.  This might include if the information is going to be passed on to third parties.  These are often found on an organisations website as links can easily be provided.

So, carrying on with the example of signing up for a course, the person or the organisation providing the course may not be doing this themselves, they may be using an independent 3rd party expert to present the course.  It may therefore be necessary for participant’s names, email addresses and contact numbers to be passed on.  And this is fine, as long as the data subject was aware of this at the time they gave their details.

The third party will then become either a Data Processor or a Data Controller in their own right of that data.

A Data Processor only uses the data as specifically told.  For example if they are told that they can email out course materials then they can but they should not use the email address for any other purposes e.g. requesting feedback on the course.

If however you do wish to pass the discretion to use the personal data as they see fit then that third party will become a data controller.  They send whatever they see fit to the email addresses without your direct say so.

As a Data Controller the third party must ensure that they abide by the Data Protection Legislation and will be liable in their own right for any data breaches.  Just because they have the discretion to use the data as they see fit, it must still be compliant with the data protection legislation.

However, again, if you are passing on Data to a third party to act as a Data Controller you must have made the data subject aware that you would be doing this when you collect their Data.  This reinforces the need for a comprehensive and robust privacy statement.

So whenever you are going to be collecting and handling people’s personal data always think carefully about why and how you wish to use this data and make sure the correct safeguards are in place.  Data Protection Legislation is not in place to make life difficult nor discourage the use and sharing of data, rather to make sure it is handled in the right way whenever it is used or shared.

If you have any questions about Data Protection do not hesitate to contact our Data Protection Officer on dpo@nwleicestershire.gov.uk