High court rejects legal challenge to Barnet's 'easyCouncil' plans



Maria Nash, a disabled Barnet resident United Nations agency sued the north London council over its outsourcing plans. Photograph: Graeme Robertson
Campaigners against Barnet council's radical commit to source many innumerable pounds price of services, dubbed easyCouncil, ar to require their case to the attractiveness court once a decide dominated their objection to a £320m contract had return too late.

Lord Justice Underhill, sitting within the court, dominated against a severely disabled Barnet resident, Maria Nash, United Nations agency challenged the north London council's planned contract with Capita on the premise that it did not consult before outsourcing. She additionally aforementioned it had did not accommodates the general public sector equality duty and therefore the council had broken its legal duty by failing to properly contemplate alternative choices. He aforementioned the attractiveness was out of your time, however found that the council had did not consult residents.

Lawyers for author, whose case was backed by associate alliance of involved residents, trade unions and activist bloggers, had defendant the Conservative-controlled council of making a "smokescreen" around its alleged failure to consult residents. Counsel for author had told the court: "There is nothing here that involves a good measurable distance of compliant consultation on rental a contract of this type."

In a finding of fact two-handed down on weekday, Underhill found the challenge had return too late once Barnet aforementioned it might source services in June 2011. however he found the "council ne'er commenced to consult regarding its outsourcing". He continued: "The representatives ought to are given the chance to precise views or issues regarding outsourcing the functions or services in question."

Barnet is getting ready to source services via 2 contracts that along quantity to around £600m over ten years, accounting for fifteen.5% of the council's budget. it's one among the foremost radical experiments in privatisation of agency functions within the face of deep cuts. underneath the contracts, 790 full-time  jobs would be transferred to the personal sector. The client services and back-office contract with Capita was because of get result in April, however has currently been delayed unfinished the attractiveness. it's set to be followed later this year by a second £290m contract to source designing, cemeteries, highways, environmental health and alternative services.

The leader of Barnet council, Richard Cornelius, celebrated "a clear and complete conclusion for the council".

"It is extremely excellent news for Barnet residents, Barnet taxpayers and, above all, for anyone United Nations agency depends on Barnet council services," he said. "We will currently get on with creating budget savings of £12m a year in our back-office prices whereas finance in commission enhancements and protective our frontline services. the choice cuts to frontline services we'd have had to create would are dread."

Cornelius urged author to not attractiveness.

"This review has already value the council in way over £300,000 and that i would otherwise be outlay that cash on services to residents," he said. "The applicant's legal prices also are being met from the general public purse as she is wrongfully motor-assisted."

"We ar getting to attractiveness," aforementioned Gerald Shamash, solicitor for author. "There may be a terribly inculpatory  finding within the judgment over the failure of Barnet to consult. He found against them in relevance that and he found against US in relevance delay."

He aforementioned the challenge would target whether or not the case was very out of your time since the ultimate call to award the contract to Capita solely came on half-dozen December 2012.
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