Decision details

Delegated Authority in Legal Proceedings

Decision Maker: Director of People and Policy

Decision status: Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Purpose: a matter specific delegation of authority to facilitate the efficient discharge of Council functions in relation to a cross boarder investigation and prosecution of offences and recovery of proceeds of crime.

Background: BANES have outsourced the financial investigation work relating to an investigation undertaken with Bournemouth Christchurch and Poole Council. The offences include fraud and money laundering.

Decision:

In accordance with section 2.35.3. Section C - Proper Officer Functions of the Constitution the Team Leader (Place & Resources Legal Teams) hereby delegates authority to Rebecca Taylor (Accredited Financial Investigator) of Bournemouth, Christchurch and Poole Council the power to:-

1) institute and conduct all civil and criminal proceedings; and/or

2) defend or participate in any legal proceedings brought against the Council (or its employees as a result of actions incurred during the course of their employment) or where the Council’s interests are affected and to negotiate settlement; and /or

3) institute and conduct all proceedings and procedures to implement and enforce any decision of the Council;

on behalf of Bath and North East Somerset Council only in relation to a specified individual pursuant to a Memorandum of Understanding dated 04/05/23. For the avoidance of doubt this authorisation is in place from 04/05/23.

Alternative options considered:

None. BANES do not have the necessary level of expertise.

Publication date: 13/07/2023

Date of decision: 25/05/2023