Lead Authority Partnership Agreement

Drafting the Lead Authority Agreement

LAU recommends senior managers from the local authority and their partner organisation sign an agreement of intent, clearly outlining the objectives of the partnership and setting out the roles and responsibilities of the participants.

Signing an agreement demonstrates commitment and provides the security needed to protect the professionalism and integrity of the individuals involved. A copy of this agreement should be forwarded to the LAU in the event that advice or arbitration is required.

Issues to be considered in an agreement

Aims and objectives of the partnership

Both partners will need to be very clear about the aims and objectives of the partnership.

The agreement should include:

• Recognition by senior management of both partners of the long term commitment needed to achieve the aims and objectives of the partnership (local authorities should consider obtaining a similar commitment from the council itself)
• An unambiguous statement of the overall aims and objectives of both partners and the partnership
• How the safety management review (SMR) will be managed, how the priorities will be established and target timescales agreed
• The process through which agreed changes will be established, adopted and implemented

Resources associated with familiarisation

Both the local authority and the partner organisation will need to commit sufficient resources and make suitable arrangements to enable them both to become familiar with one another and in particular for local authority staff to understand the nature and extent of the business.

The local authority will need access to and knowledge of the Partner organisation's:

• Management structure together with details of those with responsibility for health and safety and the extent of that responsibility
• Business structure setting out premises locations and types of outlet et
• Reporting arrangements for those with responsibility for health and safety
• Decision making processes and the mechanism by which decisions relating to health and safety are implemented, managed, monitored and reviewed
• Policies and procedures for the management of health and safety including those arrangements for protecting the health safety and welfare of persons other than employees
• Staff consultation arrangements, arrangements to satisfy the relevant regulations concerning union and non-union safety representatives and procedures for co-operation and co-ordination with other employers

The agreement should deal thoroughly with the:

• Disclosure of information
• Respect for commercially sensitive information
• Mechanism by which information is disclosed
• Issue as to whom such information may subsequently be disclosed taking into account the liaison role of the local authority

Both partners must accept that the success of the partnership will be largely depend upon the openness, trust and honesty of both organisations and their representatives.

Costs and expenses

Partners should consider the costs and expenses incurred in establishing and maintaining an effective partnership, for example:

• Travel expenses arising from visits outside the lead local authority's boundaries during the familiarisation phase
• Cost of attending the LAPS training course provided by Loughborough University (whilst the course is recommended by LAU it is not a mandatory component of the scheme)
• Costs associated with the conduct of the SMR (since this review is a significant output of the partnership and extends well beyond the duty to provide advice and guidance some organisations will wish to recompense or make some contribution to the costs incurred by the local authority)
• Cost of publishing a SMR report for senior management and for retention by the LAU

Partnership arrangements

The agreement should also consider the day-to-day management of the partnership from both perspectives. It should consider the following issues:

• The role of the lead local authority in providing practical, legal and technical advice to its partner
• The role of the lead local authority in taking up issues with its partner in relation to health and safety management at a national level on behalf of other local authorities (The lead local authority is recommended to keep detailed records of enquiries received from other local authorities including those relating to proposed or actual enforcement action)
• Arrangements for ensuring continuity of personnel (changes must be notified to the LAU so that website details can be amended)
• Procedures for keeping individuals informed of partnership issues and outputs
• Periodic meetings to discuss issues relating to health and safety management and performance

Issues that fall outside the scope of the partnership

It is important that the agreement clearly sets down matters that fall outside the scope of the lead authority principle. The partners must understand and agree that the lead local authority will not be expected to:

• Appear in court on behalf of the partner company in any prosecution brought by an enforcing authority under health and safety legislation (the lead local authority may only provide information to a court about general aspects of the lead authority partnership scheme and the involvement of the company in that scheme)
• Draft policies and procedures on behalf of its partner organisation (the duty to comply with the Health and Safety at Work etc Act 1974 and subordinate legislation rests with the partner organisation and it is responsible for and own such arrangements)
• Act as the competent person or persons on behalf of the partner organisation