On 24 November 2015, the European Commission set out the new minimum financial thresholds for contracts caught by the application of EU public procurement law.

According to our friends at Brabners solicitors:

“The new thresholds apply from 1 January 2016 and will remain fixed for the next two years.

The Public Contracts Regulations 2015 (the “Regulations”) regulate the procurement activities of “contracting authorities” in England and Wales which includes registered providers. The Regulations implement the EU Directives on public procurement law.

Every two years, the European Commission updates the minimum financial thresholds to which the EU Directives, and therefore the Regulations, apply. Where registered providers or other contracting authorities procure contracts for goods, works or services which are of a value that exceeds the minimum financial thresholds, the full regime of the Regulations applies. This is often known as an “OJEU procurement” because of the need to advertise the requirement in the Official Journal of the European Union (OJEU).

The European Commission has once again increased the threshold, as measured in Euros. However, due to the increasing strength of sterling against the Euro, the impact for registered providers and other contracting authorities is that, despite the increase, sterling thresholds have actually decreased.

Set out below in bold text are the new sterling threshold rates which apply from 1 January 2016. The current (i.e. pre-2016) threshold rates are set out in brackets.

Public Contracts Regulations 2015 (PCR 2015)

The threshold for light touch (social and similar) services procured under PCR 2015 remains unaltered. However, the European Commission has confirmed from 1 January 2016 that the new sterling threshold shall be £589,148.

It will be disappointing news that the minimum thresholds have again decreased, the effect of which is that more (not less as the European Commission had intended) contracts will be subject to the requirements of EU public procurement law. Registered providers should be aware that the thresholds are fixed both in euros and sterling for the next two years.

There remains the possibility that the European Commission will recommend a significant increase in the thresholds for 2018. If not, there is still the possibility of changes being implemented following the European Commission’s legally mandated review of procurement law, which is to be undertaken by no later than April 2019.”

If you would like more information about this or to discuss any issues regarding public procurement please contact:

Michael Winder
Associate, Commercial team
Tel: 0151 600 3085
Email: michael.winder@brabners.com

The Homes and Communities Agency will rely more heavily on regulatory judgements and downgrades to regulate merger activity after it is stripped of much of its oversight role.

Accoridng to Inside Housing:

“The government has tabled amendments to the Housing and Planning Bill laying out a ‘deregulation package’ that ministers hope will bring housing associations back into the private sector.

The package means the English social housing regulator will be unable to stop associations entering into mergers or disposing of stock before it happens.

Instead the Homes and Communities Agency (HCA) plans to use regulatory judgements to raise concerns or downgrade landlords if it thinks such activities have led to a flouting of viability and governance standards. Currently issues around merger and stock disposals are not often mentioned in judgements as the HCA is able to veto proposals before they happen.

Jonathan Walters, deputy director of performance and strategy at the HCA suggested that without formal power to veto mergers and stock disposals, “you might see more emphasis on the [HCA] judgements”.

“It is possible to see a scenario where a merger might go ahead between two quite weak organisations, which we would have concerns about and we would reflect our concerns about that in public judgements.”

The regulator regularly issues judgements on housing associations’ financial viability and governance.

There are currently five housing associations that are non-compliant with the HCA’s Governance and Financial Viability standard. Five are non-compliant on the governance part of the standard and one is also non-compliant with the viability part of the standard.

Housing consultant Greg Campbell said poor HCA governance and viability ratings “would certainly be a major warning shot from the point of view of lenders”.

Keith Exford, chief executive of Affinity Sutton, said he hoped there would be a “dialogue” between the regulator and associations it was minded to downgrade before public judgements were issued.”

Controversial plans to axe the Housing Ombudsman have been shelved

Social landlords should review the way they handle relationships with tenants, if they are to protect under-35s from risk of eviction.

This is the recommendation from research by Sheffield Hallam University, on behalf of five housing associations, into tenancy sustainment among under-35s.

Here is the report:

tenancy-sustainment-aged-under35

Reporting in Inside Housing:

“The research found single men, aged between 21 and 25 were most likely to be at risk of eviction and serious arrears.

It said that insecure and casual employment, particularly zero-hours contracts, were the biggest factor leading to arrears. It also listed complications with benefit claims, or suspensions, low incomes, the cost of moving into an unfurnished property, or unexpected life events.

The research, commissioned by London landlords Hyde, Family Mosaic, Hexagon, Viridian and Your Housing Group, said the tenants it studied often had “limited” routine contact with landlords.

It said many were reluctant to ask for the housing associations’ support for fear of a punitive response.

As arrears were often immediately a result of ‘triggers’ – day-to-day events such as boiler breakdown, relationship trouble or running out of cash for food, it said landlords should have closer engagement to know when these triggers occur.

“It is imperative that landlords know at the earliest possible opportunity when things are beginning to go wrong, ideally when a trigger occurs,” the report said. “It is therefore essential that landlords hold up-to-date and robust information about their tenants, and are in contact with them on a regular basis.”

It added that landlords should review relationships with tenants, to see if it should be more “customer focused” and more “intensive” with communication.

It also recommended including looking at new technology such as Facebook and text messaging to see if they provide a better way to communicate.”

Four London councils are piloting the use of solar-charged batteries on their social housing, as government cuts to subsidies leave traditional rooftop panel installations “unviable”.

According to Inside Housing:

“The Department of Energy and Climate Change (DECC) announced last week that it would cut subsidies by around 65% to 4.39p/kwh – a less severe cut than the 1.63p/kwh originally proposed. It is understood most rooftop solar installations would still remain unviable at these rates.

Camden Council and three other London boroughs plan to pilot the installation of solar-charged batteries as an alternative. Unlike regular solar panels, these can store and hold energy which could substantially reduce tenants’ energy bills, with a portion of the saving recovered to fund the installations.

Camden has commissioned private company North Star Solar to carry out the installation after qualifying for a £250,000 grant from a government fund called the New Enterprise Allowance.

Batteries will be installed in 40 homes in Camden, Waltham Forest, Haringey and Islington with the potential for further roll-out if successful.”

Office for Civil Society North West Update NOVEMBER 2015

More information below on:

• Impact Readiness Fund Round 2
• Lord Grade announced as interim Chair of new Fundraising Regulator
• Social Value Act: information and resources updated
• Community Life Survey: development of future survey methodology
• #GivingTuesday – 1 December 2015
• Ensuring local communities benefit from development – review and consultation
• Pocket Parks

1. Impact Readiness Fund Round 2 – https://www.gov.uk/government/news/impact-readiness-fund-round-2-15-million-funding-announced

The first IRF round in October 2014, supported 51 social enterprises. It improved their ability to manage their performance and increase their social impact. The social enterprises were able to unlock more funding through social investment and securing public contracts.

The second round of the IRF will make grants of between £25,000 and £100,000 available. The grants will help ventures to:

• build the infrastructure and skills required to manage their performance
• increase their social impact
• attract social investment or win contracts

Social ventures will be required to work with one of the fund’s approved support providers to develop a programme of impact readiness work and submit an application.  Charities and social enterprises: read the guidance and apply online by 8 January 2016.

2. Lord Grade announced as interim Chair of new Fundraising Regulator – 

               https://www.gov.uk/government/news/lord-grade-announced-as-interim-chair-of-new-fundraising-regulator

Lord Grade will be responsible for overseeing the setting up of the new fundraising body to restore public trust and confidence in charity fundraising following Sir Stuart Etherington’s review into fundraising practices.

Lord Grade will drive forward the new self-regulatory system recommended in the recent Etherington Review after the initial finding of unacceptable fundraising practices in May 2015.

3. Social Value Act: information and resources updated –  

              https://www.gov.uk/government/publications/social-value-act-information-and-resources/social-value-act- information-and-resources  

The Public Services (Social Value) Act requires commissioners who procure services to consider social, economic and environmental benefits.

This publication provides an overview of the Act and includes:

• sources of help and support for people who commission and provide public services
• case studies that show best practice on implementing the Act

4. Community Life Survey: development of future survey methodology – 

               https://www.gov.uk/government/consultations/community-life-survey-development-of-future-survey- methodology

Cabinet Office invites views on the proposed approach for the Community Life Survey, in particular the potential of moving online.  Consultation responses should be submitted by 2 January 2016.

Cabinet Office commissioned the Community Life Survey in summer 2012, with the aim to track the latest trends and developments across areas important to social action and empowering communities.

The survey provides official statistics on issues that are important to encouraging social action and empowering communities, including volunteering, giving, community engagement and well-being.  See the survey results for the headline findings of the 2014 to 2015 Community Life Survey and the technical report explains how the Community Life Survey 2014 to 2015 was carried out.

5. #GivingTuesday – http://www.givingtuesday.org.uk/

#GivingTuesday – 1st December in 2015 – is a global day of giving. It is a call to action for everyone who wants to give something back.

The simple idea behind #GivingTuesday is to encourage people, charities and businesses to donate time, money or their voice to help a good cause.
Rob Wilson, Minister for Civil Society, spoke about the Government’s support to social action at a Parliamentary reception to celebrate Giving Tuesday.

6. Ensuring local communities benefit from development – https://www.gov.uk/government/news/ensuring-local-communities-benefit-from-development

Ministers have launched a review to ensure local communities benefit from development.  The review will come forward with proposed measures to ensure that developers are meeting their contribution to improved local infrastructure.

The government wants to ensure that local communities can raise funds to support the development of transport infrastructure, schools, health services and recreation facilities. That’s why the Community Infrastructure Levy (CIL) was introduced in 2010 to help support the delivery of local infrastructure, we want to make sure it is working effectively.

The review is part of the government’s ongoing reforms to streamline the planning system and improve how local communities benefit from development and build the houses the country needs.

The review consultation is open until 15 January 2016 – for more information see the consultation questionnaire and terms of reference.

7. Pocket Parks – https://www.gov.uk/government/news/a-slice-of-the-big-apple-coming-to-a-neighbourhood-near-you

Community groups supported by local authorities will be invited to apply for a slice of £1.5million funding, which could see up to 100 under-used sites turned into small parks for people to enjoy right in the middle of some of the country’s biggest towns and cities.

Pocket parks were first created in New York in the 1960s as people increasingly looked for green spaces among the towering skyscrapers. The most famous example is the award-winning Paley Park in Manhattan, which includes a 20-foot high waterfall and an overhead canopy formed by locust trees.

Pocket parks are defined for this programme as a piece of land of up to 0.4 hectares, although many are around 0.02 hectares – the size of a tennis court.

See the pockets parks application form and prospectus. Completed application forms should be sent to pocketparks@communities.gsi.gov.uk by 5pm on 10 December 2015.

There is a growing body of evidence that the UK faces significant risks to its security from climate change. This is true whether or not the world achieves the goal it established at the Copenhagen summit in 2009 of limiting global temperature increases to no more than 2ºC. Yet markets and financial decision-makers continue to pursue business as usual. We learned from the financial crisis the importance of seeking out and exposing hidden economic risks to enable them to be better managed to protect individual and collective capital. It is time for us to follow this lesson again.

It appears likely that we face a future of dangerous global temperature increases, of more than 2ºC, and therefore of increased climate-related risks. Evidence suggests that the levels of warming we could see in these scenarios would pose a dangerous threat to human health, our food and water security, and even to our national security.

This report focusses specifically on the future threat posed to British prosperity from climate risks, as well as the significant economic impacts that have already been felt.

Our research identifies three broad reasons why markets are currently failing to account for climate risks.

1. Climate risks are seen as too distant to be relevant to financial decisionmakers, who tend to focus on a short-term timeframe in which climate shocks are seen as unlikely to have a significant, financially material impact.
2. Climate risks are very uncertain – they are ‘known unknowns’. We may know some of the risks associated with different levels of increased temperatures, but it is still unclear what the actual temperature trajectory will be, and how its effects will be distributed across sectors and geographies
3. Climate change is widely acknowledged to be an ‘ethical’ concern and a matter for public policymakers, but climate policies are not taken seriously by many businesses and investment managers.

Responding to each of these issues in turn, we present policy recommendations that can deliver on the following objectives.

• Build understanding of where the UK economy is vulnerable to climate risks.
• Ensure financial decision-makers have the information they need in order to account for climate risks.
• Ensure asset managers do not ignore these risks in their decision-making.
• To reduce the overall level of the risk that most businesses face as a consequence of climate change

In this report from IPPR, they say:

London is not on pace to meet its current emissions target, a 60 per cent reduction by 2025. We call on the next mayor of London to pick up the pace – and provide a plan for how they could pursue an ambitious new target, for London to be a zero-carbon city by 2050.

zero-carbon-london_Nov2015
This presentation-style report sets out nine ‘Essentials’ and 12 ‘Desirables’ for the next mayor to deliver, if the 2050 emissions target is to be achieved. As well as providing benefits in terms of reducing greenhouse gas emissions, many of these policies and investments will benefit Londoners by promoting economic growth, creating jobs, improving health and life expectancy, saving residents and businesses money and energy, and making London a nicer city to live in.

At the same time, London has a great opportunity to take a global leadership role in city-led climate change action, sharing with and learning from major towns and cities across the UK and internationally.

An earlier version of this pamphlet was published as a presentation in October 2015. Please note that the ‘Essentials’ have been reordered, and minor material changes made, in the revised version downloadable above.

A JOB DESCRIPTION FOR THE GREENEST MAYOR OF LONDON

The people of London are seeking a Mayor of London who will be the greenest mayor their city has ever seen.

Essential

Renew London’s homes: Retrofitting for energy efficiency
Keep the masses moving: Investing in the transit system
Maximising London’s energy resource: A city-wide distributed energy network
Get London cycling: Everyone who can cycle, does cycle
The sun shines on London: Develop a city-wide solar strategy
Carbon-free freight: Reduce the climate cost of delivery
Cut emissions from car use: Drive the roll-out of ultra-low-emission vehicles
Closed-loop London: Maximise the city’s resource efficiency
Cool under the collar: Scale up workplace retrofitting
Desirable

Governance

Convening climate action – the UK50
Re-parishing London
London’s share of green levies
Clean Finance Summit
Built environment

Cool London
Housing densification
London’s green space
Green streets
Energy

Battery city
Transport

Beyond diesel
Cycle bridges
Harnessing bio-fuels

Here are some principles for scrutiny panels interested in health and social care:

Shared_Principles_for_healthcare

This is the latest report from CfPS where i am an advisory board member:

Winter_pressures___web_version