Blog: 7 October 2022 - Helen Edwards, LLG President

This week saw the opening of the Covid Inquiry under the Inquiries Act 2005 presided over by Baroness Hallett. The Inquiry is so vast it’s been split into three modules with the aim to ensure it is completed within enough to time to be of benefit, and identify lessons learned to enable change. Because of this, not everyone who was affected will be able to actively participate. The opening identified ‘core participants’ comprising government departments, ministers in the devolved nations and representational groups of bereaved families. Local authorities are represented by the Local Government Association.

Of course, we already know from legal challenges that there were decisions by the government during the pandemic deemed unlawful. Of note was the failure to publish coronavirus related contracts and the discharge of untested hospital patients into care homes at the start. The Inquiry will examine, consider and report on preparations and the response to the pandemic in England, Wales, Scotland and Northern Ireland, up to and including the Inquiry’s formal setting-up date, 28 June 2022. Its terms of reference can be found here.

In other news and in somewhat of a surprising move, the Chancellor Kwasi Kwarteng announced in the Commons an amendment to the IR35 working rules which had caused significant concern for public authorities (and businesses) back in 2017. You will no doubt recall that responsibility over the status of contractors switched to authorities and with severe financial penalties if they got it wrong, many opted to reduce or avoid locums altogether placing increasing pressure on service delivery.

It’s fair to say however, that over the course of the last 5 years, authorities have worked hard to reduce the risks for non- compliance and have broadly moved to engage contractors with more confidence. The fact that responsibility will now move back to the contractor themselves will be welcome news and alleviate at least one regulatory burden. In terms of timings, it is anticipated that the reforms will not take place until April 2023 at the earliest.

Moving to LLG news, I am really delighted by the number of members booked on for our LLG Governance Conference on 11^th November at the Edgbaston Park Hotel in Birmingham, followed by an online event the week after. This really marks a return to in person conferencing and the benefit of coming together, both professionally and socially.

Alongside the legal content we are working on a lively event the night before together with meet and greets for new attendees and junior lawyers to ensure you won’t be left alone and are able to forge new networks. There will also be an exhibition with our corporate partners and plenty of scope to discuss those thorny issues and share best practice. Please do take a look at the event details.

Investment in both your professional development and personal welfare makes you a better lawyer.

Best wishes

Helen Edwards

LLG President