Meeting documents

Appendix 1 and Appendix 2

Coroner's Service Accommodation

A) Introduction

1. The attached report outlines the proposal to purchase and run a new site for the Avon Coroners' service. The agreement of all contributing authorities is required for this to be approved.

2. Bristol City Council manages this service on behalf of the four Unitary Councils that used to make up the Avon area.

B) The proposal

1. This is outlined in Appendix 2 which is the report being taken to Bristol City Council in November 2005. In summary it is to

a) Purchase the Flax Bourton site from the Department for Constitutional Affairs.

b) Refurbish and improve the site to comply with Disability Discrimination Act Requirements

The decision of Bristol City Council will be made in a verbal update at the Executive meeting.

C) Financial Implications

1. Currently this council contributes £ 165,000 a year to the service (within the Community Safety, Housing & Consumer Portfolio).

2. No specific funding is identified within the Council's formula spending share for this activity as it forms part of the general heading for Environmental, Protective & Cultural Services (EPCS). There is no specific funding stream identified by the Office of The Deputy Prime Minister for the Coroners service.

3. The proposal made is that Bristol will borrow and repay refurbishment costs and recharge contributing authorities through the revenue recharge made. Overall this is anticipated to cost all contributing authorities an additional £70k a year, of which this Council's share is £12,000 a year ongoing cost.

4. Alternatively we could provide a capital contribution and reduce revenue repayments. The net effect upon the Council's bottom line would be the same as we would need to finance the debt charges on the capital contribution made.

5. The financial implications for the recommended proposal are for all essential and desirable works to be undertaken. The Capital contribution and subsequent revenue effects would be reduced by nearly £4,000 p.a. should only essential works be funded.

6. Given our financial situation, and our need to give funding to a number of essential priorities, it is recommended that we should commit to essential works only.

7. Although this service sits within a portfolio, as it involves an outside agency it has been customary that additional costs be met corporately. No such funding exists currently in approved budgets. If the Executive were to recommend agreement to this proposal, it will need to either recommend this to Council for approval of the impact it has on the 2006/07 budget or commit to including costs in its 2006/07 budget proposal to Council, albeit a small proportion of the budget in relative terms.

D) Legal Position

1. We have consulted our legal advisors concerning this report and their advice is as follows:

a) Under the Coroner's Act 1988, coroners are appointed by the relevant council in each coroner's district. It would appear that at the time of local government reorganisation in 1996, Bristol City Council became responsible for appointing coroners for the former County of Avon area, on the basis that all the former Avon authorities make a contribution to the coroner's employment costs, based on their respective population figures.

b) Local authorities have specific powers for the provision of mortuaries and post- mortem rooms (under section 198 of the Public Health Act 1936). There are no specific statutory powers for local authorities to provide the coroners service in general.

c) A report by the Home Office in 2004 described the funding arrangements for the coroner's services as "archaic". In practice, it appears that local authorities are currently responsible for meeting all the costs of the service, including medical tests and autopsy costs, mortuary charges and the costs of transporting bodies to the mortuary. Police authorities are usually responsible for the costs of coroner's officers, whereas secretarial and administrative staff are mostly paid for by local authorities.

d) Before committing to any expenditure, either for a new permanent site for the coroner's service or for a forensic mortuary, we would need to identify the funding allocated by the ODPM, if any.

e) There are proposals for reform of the Coroner's service (partly in response to the Shipman enquiry) which would involve the service ceasing to be the responsibility of local government, with responsibility being transferred to the Department of Constitutional Affairs -as part of the Court Service.

3. The report to Bristol City Council in Appendix 2 refers to the review of the Coronial Service for the Home Office in July 2001 as part of the Shipman Enquiry. This contained identification of the need to improve the service delivery and set out to reform and modernise the service. Bristol indicate that the earliest the service could be transferred is 2009, but it is likely to be later, and may remain with the local authority and more importantly state that there is no active work on this initiative by Central Government.

Appendix 2

Report of: The Director of Central Support Services

Contact telephone number: 0117 90 37481

Consultation

Context

Bristol is the lead authority for the Coroner for Avon on behalf of Bath and North East Somerset Council, North Somerset Council and South Gloucestershire Council. Bristol takes responsibility for:

Remunerating the Coroner

Funding the running of the Coroner's office

Funding the conduct of inquests

Collection, storage and transportation to final resting place of all deceased in the Avon area

Paying for post mortems.

Tom Luce conducted a review of the Coronial Service for the Home Office in July 2001 as part of the Shipman Enquiry. Luce identified the need to improve the service delivery and set out to reform and modernise the service. It recommended that the Coroners Service, should be managed by a newly established structure. There would be significant resource implications and no legislation has been drafted. The earliest the service could be transferred is 2009, but it is likely to be later, and may remain with the local authority. There is no active work on this initiative by Central Government.

Bristol provides 38.69% of the costs, B&NES 17.18%, North Somerset 19.16% and South Glos 24.97%, reflective of the population spread across the area.

The Coroner's Service moved from its inadequate premises of Backfields in the centre of Bristol in January 2004. The Coroner's Service operates from the Court House, Flax Bourton in North Somerset sharing the building with the Avon and Somerset Magistrates' Service. The current arrangement is that the space occupied by the Coroner's Service is rent free. We have been informed on 10^th November (see appendix A) that the effective transfer of the freehold to the DCA has not yet been achieved.

When the Coroner's Service moved to Flax Bourton, North Somerset Council owned the freehold interest. The Avon and Somerset Magistrates' Service will be vacating the building by March 2006, at which point the DCA intend to dispose of the premises, once they can confirm the unencumbered freehold interest.

The Coroner's Service has a need for office space for administrative staff, and court space to run inquests. The Flax Bourton site offers office space. There are also two small courts, one court being used for non-jury inquests.

Of the 300 inquests taking place per annum, around 20 have juries, and are more complex and long running. These inquests take place at Kings Weston House in Shirehampton, which costs approximately£5,000 a week. In the last financial year this amounted to approximately £65,000. In order to reduce these significant revenue implications, the capital costs indicated elsewhere in this report include for some improvements to one of the existing Courts at Flax Bourton to enable inquests requiring juries to take place at Flax Bourton.

There is likely to be a shortage of mortuary facilities within a few years for carrying out post mortems for the Coroner's service. This is because the inadequate facilities in Southmead and Frenchay hospitals are expected to close . Bristol City Council bid to the Home Office for funding for a mortuary to be built on the Flax Bourton site and the application was unsuccessful. Collaboration with one of the local PCTs is now being pursued.

The HM Courts Service indicated last December that they were looking to sell the building but were happy to sell the building to the Coroner's Service if a market price could be agreed. To date no formal notice has been received from HM Courts Service to terminate the Coroner's current occupation agreement. The HM Courts Service are not prepared to enter into a formal long lease with the Unitary Authorities in respect of Flax Bourton.

Current Situation

A figure of £400,000 has been provisionally agreed between parties for the purchase of the freehold interest in the property. In addition, the following capital, repairs and improvement works will be necessary.

Repairs & Maintenance 110,000 200,000

Disability Discrimination Act

Requirements 160,000 60,000

Provision of New Jury

Facilities and Internal Alterations 150,000

The essential works need to be completed in the next two financial years and the remainder ideally within 5 years from that date. All works will have to be carefully planned around the occupation and use of the building by the Coroner.

The building currently does not comply with the requirement of the Disability Discrimination Act and a full Access audit has been prepared.

If it is decided not to install a lift to the first floor then the DDA works are reduced from£160,000 to £85,000.

The likely cash flow to purchase the building and bring it to a reasonable standard of accommodation is:-

2006/07 2007/08 2008/09 2009/10 2010/11 2011/12

670,000 150,000 65,000 65,000 65,000 65,000

This includes the essential and desirable capital works outlined above. The allocation of costs between the four Unitary Authorities will be in the same proportion as the current costs described elsewhere in this report.

It is anticipated that the additional running costs will be£35,000 per annum and this will be offset by the £65,000 saving per annum by not using Kingsweston House for jury inquests.

Other Options Considered

Convert existing private office accommodation. Suitable accommodation may be possible to achieve by a conversion of existing offices in the city centre.

The likely space requirement is 4,500 sq ft of office accommodation and court space.

The annual rental cost would be approximately £100,000 per annum. The minimum rental period would be for 5 years and there would be a rent review every 5 years. For the purpose of this comparison it is assumed that running costs are the same as Flax Bourton.

In addition there will be a one off conversion cost which is likely to be between£150,000-£200,000. It may be possible to negotiate a rent free period to cover some of these initial costs.

There will also be a cost of physically moving the Coroner's Services and this is unlikely to be less than£10,000 with the associated disruption during the move period.

All four unitaries have been asked to see if they may have suitable existing accommodation within their control for the Coroner's Service. None has been found.

Build new accommodation on an existing brown field site. Based on a floor area of 4,500 sq ft the approximate cost will be£1,500,000 - £1,800,000 depending upon land values. This option would take 18 months from inception to occupation. This would require an interim move for the Coroner.

Risk Assessment

Risk Assessment based on the effect to the Coroner's services of the options considered.

Do nothing. The HM Court Service hope to sell the building by the end of the financial year and therefore this is not an acceptable solution.

Purchase Flax Bourton - Purchase costs, repairs and maintenance costs and improvements costs are indicated elsewhere in this report which will bring the accommodation up to a very good standard. There is no disruption to the Coroner's Service.

Build New Accommodation

Timescale is likely to result in an interim move for the Coroner. Possibility of increased costs.

Convert existing office accommodation. Would provide suitable accommodation but at significant on-going cost. Timescale to do conversion works may be an issue.

Race Impact Assessment

The Coroner's court service provides a service for the whole of the four contributing authorities and therefore covers a wide area. The accommodation must reflect the differing needs of staff and members of the public.

Legal and Resource Implication

Personnel No advice sought from Human Resources on the basis that the proposal is that staff will remain based in present accommodation.

Appendices A: Letter from HMCS 10^th November 2005

ACCESS TO INFORMATION

Background Papers

No background papers available.

Appendix A

SUBJECT TO CONTRACT

Dear Bob

Flax Bourton Magistrates Court

I understand that you have been in contact with my client Julian Rayner of HMCS regarding the situation relating to uncertainties over the ownership of part of Flax Bourton Magistrates Court. He tells me that you require a response by Monday 14^th November to enable the information to be incorporated in a report to be submitted to the Council's Cabinet shortly.

You may be aware that certain properties which fall within the Magistrates Court estate have not effectively transferred under the Transfer of Property (Abolition of Magistrates Courts Committees) scheme 2005 and as HMCS's managing agent Lambert Smith Hampton are instructed to enter into discussions with the various transferor authorities to rectify the situation. Whilst I do not anticipate significant issues being involved in achieving an effective transfer of the freehold of Flax Bourton Magistrates' Court in its entirety from North Somerset Council to HMCS, this process will inevitably take some time and at this stage I am unable to advise on when we can confirm the unencumbered freehold interest.

I will of course update you as soon as I have made any progress on this matter.

Yours sincerely

Karen Saunders

Director

c.c. Julian Rayner - HMCS