Andrew Webster QC Inquiry - 2nd Request

238

02/03/2022

FOI

Further to request 192. I have some supplementary questions:1. Given the level of professional incurred in respect of the appointment of both Andrew Webster and Leadingham Chalmers what steps were taken to ensure compliance with procurement regulations?2. Prior to their appointment to provide administrative support to the inquiry were Leadingham Chalmers providing legal advice to SBC?3. What steps were taken to mitigate fees in relation to the inquiry? Was a fixed fee approach to charging explored by the council?
4. How much funding has been set aside to pay compensation to the families affected by this? I have repeated this question as it has not been answered below.
5. Which firms of solicitors and insurers have been appointed to deal with these claims on behalf of SBC and what professional fees and costs have been incurred by them in connection with settling these claims?
6. Has a date been set for the public to attend a council meeting where the implications of Andrew Webster's report will be discussed?

1. The process carried out to instruct Ledingham Chalmers and Andrew Webster QC was explained in our original response to your FOI request. Details of the contract award notice to Ledingham Chalmers can be viewed at: View Notice - Public Contracts Scotland

2. Yes. We can confirm that, as our retained firm of Court of Session and out of hours solicitors, Ledingham Chalmers have provided legal advice previously to SBC. In particular, they have provided out of hours court cover for our social work department; they have represented us in a judicial review regarding our flood department; and they are currently advising us on the calling up of a charging order.
3. The Council can confirm that a daily fee was negotiated with Mr Webster. Each of the candidates interviewed to carry out the investigation intended to charge the Council on a daily rate rather than a fixed fee.
The fees charged by Ledingham Chalmers were in accordance with their tender.
4. No funding has been set aside for this purpose. Any litigation in this regard will be dealt with by the Council's insurers.
5. The Council is insured by Zurich Municipal. Zurich appoints its own panel solicitors for the cases they deal with. On this occasion, the existing civil action against the Council in respect of this matter is being dealt with by Clyde & Co solicitors. The Council does not hold any information concerning the fees incurred by Zurich in respect of this legal representation and accordingly, we give notice under s17 of The Freedom of Information (Scotland) Act 2002.
6. Public meetings of Council, during which this matter was discussed, took place on 25 February and 11 March 2022.

Andrew Webster QC Inquiry - 2nd Request - Freedom of information requests