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Capacity and Capability Governance


A number of themes arose from our annual review of Board performance and strategy at the beginning of the year, relating to implementation of our new roles in regulating CILEx members, authorised practitioners and entities providing legal services. This followed from the LSB’s approval of CILEx’s practice rights applications. We instigated an independent review of the structure of the senior management to meet the challenges ahead and undertook a review of the Business Plan to make sure it remains relevant and linked to the strategy. A particular concern was the need to establish IPS’ place as a regulator in the legal services sector and to make sure legislators, stakeholders and those who would welcome regulation as specialist lawyers, either as individuals or businesses, know who we are and what we do.


In October Sandra Barton and Hilary Daniels stepped down from the Board. Hilary and Sandra were the last of the original ‘ordinary’ Board members to complete their terms of office and have played an important part in the development of IPS as a regulator. We took the opportunity to review the range of skills the Board needs and were pleased to appoint Luisa Fulci and Andrew Donovan whose experience of regulation in legal and commercial environments are particularly relevant to the next stage of IPS’ work. They take over the portfolio responsibilities previously held by Hilary and Sandra.


We established an appointment committee to oversee the recruitment of a new Chair to replace Alan Kershaw when he completes his terms of office at the end of May 2015. By the end of the year we were ready to interview an excellent group of candidates.


As part of its work the committee reviewed the constitution of the Chair’s appointment committee to give greater separation of professional and lay involvement in the process. However revised guidance from the LSB on the issue, requiring Approved Regulators to be closely involved in Chair appointments, delayed the implementation of any change for the time being. We also began the process, towards the end of the year, to find a new Chief Executive in accordance with the outcome of the independent review.


Resources We continue to keep our resources under review to ensure we can meet our aims and objectives. CILEx remains supportive of the need to finance the very significant developments IPS is leading. This year we increased staff numbers in our practitioner team to reflect the increase in workload in areas such as work based learning, qualifying employment and CPD and to prepare for applications for authorisation of individual practice rights. Balancing the increased


costs of staff and resources with new income from regulatory activity will remain a challenge over the next two or three years. We have also further developed the financial planning for entity and practitioner authorisation, including application and practice fees and compensation fund arrangements and fees.


As the Parliamentary processes for authorisation of new and extended practice rights edged forward, we recruited and trained current and additional panellists for our professional conduct and disciplinary panels, clerks to the panels and members of the new Strategic Risk Committee as required by the new regulatory requirements. This was a major piece of work, carried out by staff on time.


We developed our IT database, website and application packs for applicants. We also ensured our staff are fully trained and ready to handle applications for the new schemes.


Futures Committee We held a second a strategy meeting, in May, to enable us to take stock of the changes facing IPS, CILEx and the legal services sector as a whole. We were greatly assisted by Professor John Flood who facilitated the meeting, pulling together the scale of change in the environment IPS has now entered as a full player. This led to our proposing a joint Futures Committee with CILEx to help us focus on our new representative and regulatory roles in a challenging environment. The Committee met towards the end of the year and is proving extremely valuable in scoping the future and we expect to see its work feed into the companies’ strategies. The Board also decided to bring forward its strategy discussion in the business and financial planning cycle to improve the linking of these activities.


Regulatory standards self-assessment We completed the LSB’s regulatory standards self-assessment update. The activity identified the progress we had made in developing our resources, capacity and processes in our core activity areas: authorisation, supervision, consumer engagement and enforcement. It also identified the development we had undertaken to prepare for entity regulation and on client protection arrangements.


CILEX/IPS protocols and service level agreements We continue to carry out bi-annual reviews of the services received in accordance with service level agreements with CILEx so that the aims and objectives of the Protocols are met.


Portfolio Holder: David


Gilbertson Independent Board Member


Key Objective:


IPS will ensure that it: • Conducts itself in accordance with best practice in organisational governance.


• Has in place capacity and capability during 2014 to meet changing organisational needs, keeping this under review and amending as necessary.


• Has arrangements in place for Board renewal in 2014 and succession plans in place for the Chairman and Chief Executive.


• Has new Panels and Committees in place for entity regulation and client protection.


• Commences work on the IPS name change project to reflect CILEx’s Chartered status.


• Develops further financial planning and models for the future.


Professional standards for specialist lawyers 15


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