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Compact Advocacy Programme

Compact Advocacy Programme. Empowering the Voluntary Sector. Empowering the Voluntary Sector Partners. Compact Advocacy Programme NAVCA Public Law Project. Compact Advocacy. Advocate on behalf of organisations where there has been Compact non-compliance Advice and support

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Compact Advocacy Programme

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  1. Compact Advocacy Programme Empowering the Voluntary Sector

  2. Empowering the Voluntary Sector Partners • Compact Advocacy Programme • NAVCA • Public Law Project

  3. Compact Advocacy • Advocate on behalf of organisations where there has been Compact non-compliance • Advice and support • Information and building relationships with public bodies

  4. NAVCA • Public law workshops and master classes • How to identify what decisions might be challenged • What you can do when faced with these problems

  5. Public Law Project • Compact and Public Law • Process / authority of public bodies • Judicial review: equality legislation / obligations / duties

  6. How we can help • Equip third sector organisations to use the principles of public law and the Compact to negotiate effectively with public bodies. • Identify breaches and represent organisations to key decision makers to resolve specific Compact non-compliance issues • Promote a Compact way of working for better relationships

  7. Common Problems • Your funding is withdrawn with little notice • A consultation period for a new policy or procedure gives you less than 12 weeks to respond • Burdensome monitoring requirements are placed on your organisations that are not proportionate

  8. Case study 1 • The problem: • Praxis received funding through a Government agency • Eight months in, funding was terminated without notice and without having made due payment

  9. Case Study 1 Compact issue: • Funding and Procurement Code: 7.6 – Government undertakes to give enough notice of the end of grants or contracts; this should be a minimum of three months. • 5.8 – Departments and Agencies should make payments on time.

  10. Case Study 1 The action: • We wrote to the government agency as well raising our concerns with the process and the inconsistencies with the Compact • Recognised that there were problems with the termination of funding, but the source of the money was the European Commission • We spoke in more depth and requested a meeting for all parties, including the Compact Champion from the national department, to discuss the issues

  11. Case Study 1 The outcome: • Increased understanding on both sides of the other’s position • Successful: government agency offered to meet the costs that were owed – around over £20,000 • Wider context: EU funding and the Compact - development of Compact principles to new areas

  12. Case Study 2 The problem: • Colchester Shopmobility – providing mobility equipment to disabled people to hire at affordable rates. • Managed by Colchester Community Voluntary Services with funding from Colchester Borough Council. On 26 January 2009, the council wrote to CCVS to give notice that it would cease funding the Shopmobility service in three months – reasons given ‘shifting resources’

  13. Case Study 2 Compact / Public Law Consultation 3.1 – consult the sector on issues that are likely to affect it • Public law: • The decision was taken without consultation 2. The council had failed to discharge its duty under the Disability Discrimination Act (1995) to have due regard to the need to eliminate unlawful discrimination and to promote equality of opportunity between disabled people and others, and had unlawfully failed to take into account the impact of terminating the service on disabled service users.

  14. Case Study 2 The action PLP wrote to CCVS Monitoring Officer Potential judicial review – need service user who would be: adversely affected by the closure of the service; and • eligible for legal aid.

  15. Case Study 2 The outcome • Council’s monitoring officer responded by accepting that the decision to terminate the council’s funding of the service had been taken without consultation (as required under the Compact), and without discharging the council’s duties under the Disability Discrimination Act. • The monitoring officer confirmed that funding would be reinstated while the decision was reconsidered in accordance with a proper lawful process. • CAP in touch with the Council to share best practice around Consultation for this, and for future consultations

  16. What you can do • Use your Compact! • Be proactive - take it to meetings • Don’t wait for things to go wrong • Use it as a basis to improve partnership working • Share your experiences: tell others

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