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Mystery official: No ‘legal definition’ of outsourcing despite Aberdeen City Council ruling it out

Aberdeen City Council refused to name the solicitor, whose input cast doubt on promises over future outsourcing of public services. Image: DC Thomson.
Aberdeen City Council refused to name the solicitor, whose input cast doubt on promises over future outsourcing of public services. Image: DC Thomson.

An unnamed local official has revealed Aberdeen City Council has no “legal definition” of outsourcing – weeks after one of his bosses ruled it out.

The smartly dressed legal officer was put up to answer councillor questions over controversial work to potentially hire outside help to provide key public services.

His words cast new doubt in an already controversial debate over the future of things like social work, the provision of free school meals and the collection of council tax in Aberdeen.

‘Officer 1’ cannot be named, says council

But a city spokesman last night refused to name the mystery man, identified as “Officer 1” on the webcast of Monday’s public meeting of the staff governance committee.

The Press And Journal was told the local authority “wouldn’t expect” the officer to be named – even though it could mean “movement” of council staff if new service providers are found.

No assessment has yet been made as to what it could mean for city workers, citizens and council finances.

The spokesman said he was only able to provide names for staff members at chief officer level or above – despite lower-level staff contributing to public debate on key services.

He added: “‘Legal officer’ is all we can offer you.”

Questions over Aberdeen City Council’s pledge dismissing outsourcing

Labour councillor Deena Tissera, an outspoken critic of the potential review of statutory functions, probed the reasoning behind the exploratory talks.

Councillor Deena Tissera probed the reasoning behind the need for talks on potentially lining up outside bodies to provide key public services in Aberdeen. Image: Kami Thomson/DC Thomson.
Councillor Deena Tissera probed the reasoning behind the need for talks on potentially lining up outside bodies to provide key public services in Aberdeen. Image: Kami Thomson/DC Thomson.

So far, councillors have only approved initial talks with the Scottish Government on the prospect of finding external bodies to carry out its legal duties and powers.

Addressing union concerns, council customer services director Andy MacDonald made clear earlier this month: “For the avoidance of doubt, there is no suggestion that services are to be outsourced or privatised.”

Now, the anonymous legal eagle has brought into question what that actually means.

Ms Tissera asked: “According to the Cambridge and Oxford English dictionaries, outsourcing means a situation in which a company employs another organisation to do some of its work rather than using its own employees to do it.

“Would the chief executive agree seeking powers from the Scottish Government to move statutory functions from the council means the definition of outsourcing.”

Hesitancy to answer questions on potential Aberdeen City Council outsourcing

Chief executive Angela Scott shirked the question, querying her own qualifications to give a judgment on legal definitions.

It was then put to the council’s legal officers.

A minute and 35 seconds passed while stumped city lawyers discussed the matter.

The council will not name the solicitor who gave the public meeting of Aberdeen City Council's staff governance committee legal advice. Image: Sasin Paraksa/Shutterstock.
The council will not name the solicitor who gave the public meeting of Aberdeen City Council’s staff governance committee legal advice. Image: Sasin Paraksa/Shutterstock

Despite interim chief governance officer Jenni Lawson dialling into the meeting via video call, it was the bespectacled new face who eventually gave a juridical opinion.

After the pregnant pause, the unnamed taxpayer-paid solicitor said: “I am not aware of there being a legal definition of outsourcing.

“It would be a contractual matter.”

Committee convener Neil Copland reaffirmed there was “no suggestion of outsourcing” as councillors had only resolved to allow “conversations” between officers and ministers at this time.

Who could be lined up to take on the city’s responsibilities?

Last week we revealed the BBC was among the list of otherwise government agencies at this stage, with no further context provided by the council.

The BBC was on a list of potential providers Aberdeen City Council could sign up to take on its legally required public services. Image: Michael McCosh/DC Thomson.
The BBC was on a list of potential providers Aberdeen City Council could sign up to take on its legally required public services. Image: Michael McCosh/DC Thomson.

The list of 25 external organisations was uncovered by Unison through freedom of information legislation.

In response to the corporation’s inclusion, a spokeswoman told The P&J it was “not aware” of any of the duties it carries out by any other Scottish councils.

City chiefs said the list had come from a “desktop exercise for illustrative purposes only”.

‘Outsourcing’ is out but ‘insourcing’ could be in

And while council bosses have ruled out “outsourcing”, the city’s top official has said there is scope for “insourcing”.

Chief executive Angela Scott set out the dire financial straits of the council, which needs to cut £130 million over the next five years to balance the books.

Aberdeen City Council chief executive Angela Scott spoke to work on the potential outsourcing - or hiring of outside help - of key public services. Image: Chris Sumner/DC Thomson.
Aberdeen City Council chief executive Angela Scott spoke to work on the potential outsourcing – or hiring of outside help – of key public services. Image: Chris Sumner/DC Thomson.

Approximately £40m of those savings are expected to be made on the wage bill.

Mrs Scott on Monday revealed her hope that there could “absolutely” be scope to bring more into council through the review of statutory functions.

“I think that’s the opportunity we have,” she told councillors.

“You will be familiar with some of the insourcing we have already done in terms of just looking at the building across from us Provost Skene’s House which used kind of council teams in order to deliver that resource.

“Absolutely I think the examination allows both parties to consider where there is a core capability and how we exploit that for the best of our customers and our staff. It’s open on all sides.”

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