29/07/1700:23 1 Liverpool City Council Housing Welfare Rights Service OFFICE MANUAL 2001 - 2002 Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 1 29/07/1700:23 1. 2 PURPOSE This office manual sets out the organisational practices and procedures of the Housing Welfare Rights Service (HWRSE) The manual is intended to provide accessible information for staff members of HWRSE Team and document its practices and procedures. The manual will be updated when organisational practices change or are modified. Amendments and updates will be recorded and dated at the front of the file. The nouns in this manual are not gender specific and the usage of the words him/her or her/his will be interchanged accordingly. For the sake of brevity the Housing Welfare Rights Service will be referred to throughout this manual as HWRSE. Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 2 29/07/1700:23 2. 3 BACKGROUND The HWRSE was established in 1993 as a joint venture between two City Council Directorates, namely The Housing and Consumer Services Directorate and The Central Policy Unit. Its primary function is to provide a welfare rights service to the City Council’s tenants. It is now a team established within the Housing and Social Services Directorate. HWRSE provides a welfare benefit advice service from 8 neighbourhood centres throughout the city. The service delivery includes, drop in, appointment based and a home visiting service in recognition that the demographic profile of its client group means that many tenants find it difficult to access advice services. This can be for a variety of reasons the more common ones being - disability, illness, child care/caring commitments, coping difficulties and language difficulties. HWRSE brings its service to people’s homes. 3. OBJECTIVES: HWRSE aims to offer a range of provision to tenants of the City Council that promotes Social Inclusion through the maximisation of income, maintenance of maximum income and development of an understanding of entitlement to income, through the complex legislation and administration of Social Security benefits. In meeting these objectives the following principals will be maintained: General Statement The service has a generic role and as such its work will bring it into contact with a variety of clients groups, for example elderly people, disabled people, young people, lone parents and other disadvantaged groups. These clients are over-represented amongst people living in poverty. It is therefore particularly important that the service is underpinned by the following principles: Equal Opportunity Users of the service will be treated impartially and without discrimination. Increasing benefit entitlement is one step towards tackling the inequality that exists for actual and potential clients within the benefit system. Anti-Oppressive Practice Increasing benefit to individual service users provides the opportunity for greater individual choice. The service will seek to promote the empowerment of service users providing the opportunity for individuals to decrease their dependence on other statutory services. 4. INDEPENDENT ADVICE AND CONFIDENTIALITY HWRSE is a member of the Child Poverty Action Group (CPAG). HWRSE will provide independent advice to all its clients. HWRSE will not allow any condition of funding to direct the policy and procedures of the service. We will not be pressurised into acting in anything other than our client’s best interests. As part of the staff induction process, each member of staff will be made aware of the guidance regarding conflict of interests. HWRSE will ensure that the appropriate action is taken promptly if any such conflict (or the real possibility of it) should arise. Staff Responsibilities The meeting of these objectives and principles is the responsibility of every member of staff, and involves individual commitment to, quality of work, skill, and ability to demonstrate to each user of the Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 3 29/07/1700:23 4 services that we care about him and his matter. From the moment someone first sets foot in the office or rings up, the impression formed by whoever he speaks to will probably be the image which that person adopts for HWRSE as a whole. 1. CONFIDENTIALITY STATEMENT HWRSE is committed to providing a confidential advice service to its users. We believe that principals of confidentiality must be integrated across all aspects of services and management. HWRSE believes its users deserve the right to confidentiality to protect their interests and safeguard HWRSE’s services. 2. PUBLICISING THE STATEMENT The following will be displayed in the waiting areas/interview room and will be incorporated into HWRSE’s office procedures manual; HWRSE OFFERS A CONFIDENTIAL AND FREE ADVICE SERVICE. HOWEVER THE FRAUD AND LOCAL GOVERRNMENT ACTS NOW REQUIRE US TO NOTIFY INCIDENTS OF FRAUD TO THE RELEVANT AUTHORITY 3. DEFINITION FOR CONFIDENTIALITY HWRSE recognises that all users should be able to access our services in confidence HWRSE recognises that information may be indirectly given out through staff informally discussing cases. All staff should ensure that no discussions relating to an individual user of HWRSE could take place outside of HWRSE’s premises. The management or other officers will not receive details of individual users or their case. HWRSE recognises that users need to feel secure in using our services in a confidential manner. We will ensure all users are afforded confidential interviews. If a client requires an office interview, we will ensure blinds, and other mechanisms are used to ensure no breach of confidentiality can occur inadvertently. 4. STATISTICAL RECORDING HWRSE is committed to effective statistical recording of service users to enable us to monitor take-up of service and to identify any policy issues arising from advice services. It is the Welfare Rights Manager’s responsibility to ensure all statistical records given to third parties, such as to support funding applications, monitoring reports to the funding agents shall be produced in anonymous form, so individuals cannot be recognised. 5. CASE RECORDS It is the Welfare Rights Officers responsibility to ensure all case records are kept in locked filing cabinets. All case records must be locked away at the end of each working day. All information relating to service users will be left in locked drawers. This includes notebooks, copies of correspondence, calculation sheets and any other courses of information. 6. EXPRESSED CONSENT TO GIVE INFORMATION It is the responsibility of advice workers to ensure that where any action is agreed to be taken by HWRSE on behalf of a client, that the client must firstly sign an authorisation form. This should be placed on the client’s file. HWRSE’s workers are responsible for checking with clients if it is acceptable to call them at home or work in relation to their case. All staff must ensure that if the client requires confidentiality that they make no reference to HWRSE when making telephone contact with clients. HWRSE’s Workers are Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 4 29/07/1700:23 5 responsible for checking with clients that it is acceptable to write to them at home in relation to their case. All details of expressed consent must be recorded on the case file. 7. BREACHES OF CONFIDENTIALITY HWRSE recognises that occasions may arise where individual workers feel they need to breach confidentiality. HWRSE recognises, however, that any breach of confidentiality may damage the reputation of HWRSE’s services and therefore has to be treated seriously. On the very rare occasions where a worker feels confidentiality should be breached the following steps must be taken: The worker should raise the matter immediately with the Welfare Rights Manager The worker must discuss with the Welfare Rights Manager the issues involved in the case and explain why s/he feels confidentiality should be breached and what would be achieved by breaching confidentiality. The Welfare Rights Manager should take a written note of this discussion. The Welfare Rights Manager is responsible for discussing with the worker what options are available in each set of circumstances. The Welfare Rights Manager is responsible for making a decision on whether confidentiality should be breached. 8. LEGISLATIVE FRAME WORK HWRSE will monitor this policy to ensure it meets statutory and legal requirements including Data Protection Act, Children Act, Rehabilitation of Offenders Act and Prevention of Terrorism Act. Training on the policy will include these aspects. 5. MANAGMENT/STAFF STRUCTURE: HWRSE operates from Liverpool City Council Housing and Social Services Millennium House Victoria Street Liverpool L1 6JQ. The day to day management of HWRSE caseworkers has been delegated by the Council to the Area Housing Office Manager, where the Welfare Rights Officer is based. The overall management of the scheme is the responsibility of the Welfare Rights Manager who is based at Millennium House. All staff (paid or unpaid) are accountable to the Welfare Rights Manager and ultimately the City Council A Welfare Rights Manager has been appointed by the City Council with delegated overall control of HWRSE. The Welfare Rights Manager determines the policies of HWRSE and has the authority and responsibility to ensure the smooth and effective running of HWRSE. HWRSE has the following paid staff: a Welfare Rights Manager; 5 Full Time Welfare Rights Officers. All of the work of the team is carried out in accordance with CLS Quality Mark standards. All Officers and future Officers will work to these standards. As such the CLS standards are integrated throughout the whole working process of the team. At present all Officers have to meet at least 600 hours of CLS work. Officers will still be subject to this target. 6. TERMS OF EMPLOYMENT A member of Staff’s formal relationship with HWRSE is governed by their contract of employment. The terms and conditions of employment will be listed in their offer letter. When members of staff start their employment they will also receive a ‘new starter pack’ that will provide details of the following: Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 5 29/07/1700:23 6 Hours of work:, holidays, pay and benefits, staff travel, sickness procedure, sickness pay, maternity provision, anti- natal care, maternity leave, returning to work following pregnancy, paternity /partners leave, compassionate leave, appointments - doctor/dentist/hospital, trade union membership and duties, time off for public duties, disciplinary procedure, grievance procedure. Members of staff should keep this documentation safe as these documents form part of the terms and conditions of their employment with HWRSE. 7. OFFICE PROCEDURES Referrals 1. When Referrals are made to HWRSE the individual who has taken the referral should complete a referral sheet. These sheets are found within the office and contain all the documentation HWRSE uses. 2. Once the referrals have been received, the Welfare Rights Officer will check them 3. In addition, because of the nature of our work and our client profile, we need to respond quickly and sensitively to requests for visits, so referrals cannot be banked. A referral will only be banked if there is a specific request from the tenant to be seen at a later date. 4. The Welfare Rights Officer will inform the tenant in writing, of the date of their appointment/visit. 5. All appointments will be put into the diary. Information will include name, address and telephone number. 6. If any appointment/visits are cancelled prior to the arranged time and date, the Officer should check if other referrals are outstanding which could be substituted. The original referral sheet should be put back into the system for a rescheduled appointment. The First Appointment/ Visit 1. The Officer must introduce him/herself on arrival at the client’s home or at the appointment and show their identity card. 2. The Officer will deal with the following aspects of the case Conflict Search The Officer must ask the client about other parties acting on their behalf. The relevant box on the Client’s Details Form should be ticked to show that a conflict search has been carried out. Completion of Client Details Form This must be completed in full and legibly. If there are any details missing, the file should be returned to the Officer that opened the file for the omission to be rectified. Advice The Officer should diagnose the problem, give necessary advice and make an appropriate referral if the problem or part of the problem is outside of the remit of the HWRSE. 3. The initial letter regarding the advice given to the client should be sent to the client after the visit together with the client care letter. Case Files Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 6 29/07/1700:23 7 A separate file is opened for each matter and all the documents will be placed on the file in a chronological and orderly way. The Case Recording Procedure should be followed from this stage onwards 8. HWRSE MANAGEMENT STANDARDS HWRSE’s CLS work will be carried out in accordance with the CLS Quality Mark Standards for the General with Casework category. The Standards provide guidelines against which organisations (whatever their size or type of work) can measure the way they currently manage themselves, and a checklist for planning improvements and developments. Improving office and case management, by following the Standards, should lead to quality, for two reasons. First, the organised and professional approach to management and administration advocated by the Standards will reduce the risk of mistakes and wasted effort, so ensuring the HWRSE’s resources are used more effectively. Secondly, in an increasingly competitive climate, the Standards will help HWRSE provide services that meet clients’ requirements and expectations. Adherence to the Standards may assist the HWRSE in dealings with other Registered Social Landlords and public bodies (such as the CLS Board, which makes their adoption one of the criteria for the grant of a franchise). They provide a benchmark for use by the HWRSE itself. The Standards identify the key disciplines in which the HWRSE needs to establish procedures, and systems, suiting its needs and those of its clients, without prescribing them in detail. Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 7 29/07/1700:23 9. 8 STANDARDS CLIENT COMMUNICATION: Dealing with Correspondence coming into the Office The Welfare Rights Officer does the opening of the post. The following guidelines are given to all the staff: Letters received by HWRSE are date stamped when received at the office. Letters which require urgent action should be taken out of the system and dealt with right away or as soon as practicably possible Letters to which a reply is needed are responded to as quickly as possible and this should be (unless in exceptional circumstances) within five working days. No correspondence is left without being attached to the relevant file for more than 48 hours except in exceptional circumstances. It is the Officer’s responsibility with the assistance of the admin officer if available to find the correct destination for any item of post; If correspondence is not dealt with either through pressure of work or backlog in typing then help is sought from the Welfare Rights Manager and s/he asked to assist in finding other staff to deal with outstanding work. Dealing with Correspondence leaving the Office All client correspondence must be recorded in the client file. Welfare Rights Officers (WROs) must ensure that all documents are properly checked, even if apparently only a few minor amendments have been made to a previous version of the document on the word-processor. Any arithmetical calculation (including VAT) in a letter or document must be checked by the author on a calculator. Time limits (e.g. review dates, expiry of limitation periods and all hearing dates in appeal matters, must be clearly entered in the WROs diary and central diary as soon as identified, and the diary should be checked regularly. Missing a time limit could mean an allegation of negligence and cost HWRSE a great deal in money and lost reputation. The Welfare Rights Officer is responsible for sending non-urgent post second class, weighting heavy items for the appropriate postage rate, and ensuring all stated enclosures are actually included and cheques signed. The Welfare Rights Officer should deliver Registered Post and Recorded Delivery items to the post office. 10. CLIENT CARE STANDARDS OF CARE: As providers of legal services, we must constantly strive to improve the quality of service that we give. No WRO can ever state that the service given to every client is the best, which is available. Though perfection may be unattainable. Improvement can be achieved by, for example, upgrading a standard procedure in the light of constructive criticism of a particular document by the (perhaps more specialist or experienced) worker for the other party. Or elucidating the way one explains a technical term or Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 8 29/07/1700:23 9 tribunal procedure to the client in reaction to common queries. Our services are free to the community we serve. However our clients still deserve excellence in the services we provide. There are certain basic standards common to all that work in the HWRSE, including the following: All clients must receive copies of all substantive letters sent and received (except for good reason, noted contemporaneously on the file); Telephone calls from clients are to be returned the same day or a letter sent that day if no answer can be obtained; All correspondence is generally to be dealt with on the day of receipt, if only by acknowledgement promising early attention where not straightforward; Letters to clients and other organisations are to be courteous and written in plain and succinct language; It is accepted that some of these standards may cause some WROs some concern, and a few problems, but they are recognised as attainable targets. Many organisations adhere to these standards already, and no one can say they are unattainable, even if it means rethinking methods of working. 11. QUALITY AUDITS AND CLIENT CARE LETTER: An independent file review is a quality audit of HWRSE’s case files to ensure that the Officers are maintaining standards. The file review will be carried out by the Welfare Rights Manager on a monthly basis S/he will check a sample of 5 files per worker. The quality of advice and whether correct procedures (as set out in the case recording procedure) have been followed will be evaluated using the case file management form. S/he will discuss the files being reviewed with the Officer and any deficiencies will be corrected by the Officer and checked by the Welfare Rights Manager. See also the HWRSE’s Welfare Benefits manual. Every client must be sent a client care letter appropriate to his type of matter, setting out general information about the HWRSE and the conduct of the matter each time a file is opened. Also enclosed should be a “Have your Say” leaflet and freepost reply slip. The standard letters are kept on disc by the WRO, who should choose the relevant one and keep a copy on the file; they should not be materially altered. The only exceptions to the requirement for the issue of a client care letter at the start of each matter are where the usual WRO is conducting repeat business of the normal type for a regular client (when he should use his discretion), and specific cases where the WRO's authority to dispense with the letter (or a significant part of it) is obtained and a contemporaneous note of the reason is made on the file. 12. COMPLAINTS HANDLING: General Statement All service users will be supplied with a “Have Your Say” leaflet when a case is opened. It allows for Comments, Compliments, and Complaints by the client and also includes a free post reply slip. As well as this the following statement is displayed in all of our offices that is visited by service users. SERVICES We want to give you high quality services that meet your needs COMMENTS We will use what you say to help improve our services. Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 9 29/07/1700:23 10 COMPLIMEMTS We will pass them on to the people concerned COMPAINTS We will do our best to resolve them to your satisfaction. And we’ll learn from them to help us do things better. OUR PROMISE We will be polite and helpful at all times. If you have a complaint we will: STEP ONE Deal with your complaint within two weeks STEP TWO Carry out a full and fair investigation within a further month if things are not resolved Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 10 29/07/1700:23 11 STEP THREE Arrange for a different senior officer to review your case within a further month if you remain unhappy. Our complaint procedure sets out how to take up matters you think are unsatisfactory about the service you have received from us. Please ask the reception staff or the Welfare Rights Officer who sees you for a “HAVE YOUR SAY” leaflet. If you would rather talk to some one about the complaints procedure please ask the receptionist/Welfare Rights Officers who sees you. The leaflet can be translated into any language, large print, Braille or can be made available on cassette from on request. This policy sets out the procedures we will follow when we receive a complaint from service users, an organisation or member of the public. It does not address complaints made by staff or volunteers neither [dealt with through grievance and disciplinary procedures nor job applicants (recruitment procedure)] This procedure is meant to provide a means to resolve a dispute between Liverpool City Council/HWRSE and any complainant. It requires staff and management at every stage to resolve the complaint. Complaints are likely to be in one or more of the following areas: Dissatisfaction with our service, such as inadequate work, problems with case work unacceptable delay or failure to deliver a service etc. Disputes between user and organisation regarding policy, procedures or activities Discourtesy or unhelpfulness on the part of staff. When someone wishes to register a complaint, the following procedure should be adopted. Where the complaint is against the manager, the same procedure should be followed, It is anticipated that from time to time either the Welfare Rights Manager can delegate their responsibilities in order to facilitate a prompt response to this procedure. COMPLAINTS PROCEDURE: Stage 1. If a HWRSE user complains or appears dissatisfied with the service we provide in any way, the WRO concerned should try to find out exactly what the problems is. If it is anything other than a complaint about mishandling of a case and/or material loss, alleged breach of confidentiality, or alleged breach of equal opportunities policy, the WRO should try to resolve the matter with the user. If it involves alleged mishandling of a case and/or material loss, alleged breach of confidentiality, or alleged breach of equal opportunities policy, the WRO must ask the user to put the complaint in writing (offer help if they might require it) and the complaint must be passes to the Welfare Rights Manager for handling under Stage 2. If the WRO cannot resolve the matter immediately, but expect to do so later (e.g. as soon as the WRO has certain information), give the user a definite time to call back. In any event stage one of this procedure should be completed within 5 working days. Stage 2 If the WRO’s attempt to resolve the issue does not satisfy the user; or if the user cannot use stage one above (for example if it is not convenient for them to phone or visit the office) if the issue involves Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 11 29/07/1700:23 12 alleged mishandling of a case and/or material loss, alleged breach of confidentially or alleged breach of equal opportunities, the issue must be taken to the Welfare Rights Manager. Where appropriate (in the estimate of the Welfare Rights Manager), the Welfare Rights Manager will interview the user, and try to resolve the matter informally. Where that is not appropriate, the Welfare Rights Manager will ask for the complaint to be in writing and marked Private and Confidential. S/he will ask for written comments from any member of staff (paid or unpaid) involved in the matter. The Welfare Rights Manager will then determine a course of action, and explain that to the user. This will take place within 10 working days the complaint being made. In any case which involves alleged mishandling of a case and/or material loss, the Welfare Rights Manager will inform the Head of Service immediately. Stage 3 In any case where stage 2 does not resolve the issue to the user's satisfaction; or in any case involving a complaint about the Welfare Rights Manager which cannot be resolved under stage 1 - the issue will be referred to another senior officer. Stage 4 It is recognised that sometimes the above procedure will not satisfy a user, either because the problem is irresolvable or because the complaint is vexious or frivolous. In the event of a user persisting with the complaint after stage 3 has been concluded, s/he will be informed in writing that the procedure has been exhausted, However the complainant will be advised of the right to make representations to the Local Government Ombudsman. Recording and monitoring of Complaints When a complaint has been dealt with and all the procedures exhausted the details and all notes and correspondence must be passed to the Welfare Rights Manager for filing in the central register of complaints. This register will be reviewed at lease annually in order to detect trends that may need to be considered by the Management. Lessons should be learned from substantiated complaints, and corrective action may include a short informal word with the WRO, procedural changes, training, and (in extreme cases) disciplinary action. 13. EQUIPMENT TELEPHONE: All staff must familiarise themselves with the working of the telephone system, the facilities available on each handset, and the person(s) on each extension number (keeping their own list up-to-date); It is imperative that each incoming call is dealt with as speedily and courteously as possible. An Answerphone is available and should only be used when the WRO is unavailable it should not be used to screen calls Personal telephone calls must be paid for. If you wish to make a personal call you should contact the operator ask him/her to obtain the number for you and arrange for you to pay for it. Incoming personal calls detract workers from official business and should not be encouraged. A WROs may be issued with a mobile phone. All staff must familiarise themselves with the working of the telephone system, the facilities available on each handset. If the Answerphone facility is being used whilst the WRO are out visiting clients, this facility must be checked at least every hour. Failure Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 12 29/07/1700:23 13 to do so will be considered to be a serious matter as such action prevents adequate supervision of staff and raises significant health and safety issues. The need to answer messages is seen as a staff welfare issue as well as an operational issue. General office Each WRO has access to a laptop computer and Word Processing Operator. WRO are expected utilise the services of the WPO and to become competent in the use of the equipment after a short period with the help of colleagues, and to observe guidance related to ensuring maximum efficiency, such as never changing or erasing a precedent on the system without the Welfare Rights Manager’s specific consent. There is a facsimile machine in each area office, which can be used and provides a record slip after each transmission, this should be placed on the relevant file. Cover-sheets (with the appropriate confidentiality notice) should generally be used, and a confirmatory copy of every fax should be sent by post. Incoming faxes must be delivered to the relevant WRO as soon as possible. Faxes should only be used for genuinely urgent correspondence. The fax machine is only to be used for taking photocopies in emergency. All support staff should familiarise themselves with the capabilities of the photocopying machine and how to replenish the paper and deal with the common faults. Each member of staff must quickly become fully conversant with all the functions of his/her word-processor. Any malfunction, which cannot be rectified on the spot, must immediately be reported to the Welfare Rights Manager. 14. TRAINING HWRSE regards the training and development of staff as vital to its future. It is the responsibility of the Welfare Rights Manager to ensure that all WRO are up to date with current legislation and policies. WRO will be encouraged to look out for appropriate courses to keep abreast of or further their professional knowledge. Prior authorisation should be obtained from the Welfare Rights Manager, and after the course relevant material (preferably with a brief summary of cogent points) should be made available to other appropriate staff. 15. LIBRARY: One of the prime tasks for HWRSE is to maintain the library as an up-to-date legal reference source, consulting other WROs (who are invited to make suggestions) as to specialist books. HWRSE subscribes to The Law Society’s Gazette, Welfare Rights Bulletin, Advisor, Counter Claim, Disability Rights Bulletin, LASA. and the Legal Action Bulletin. Also the Ferret Social Security CD ROM.HWRSE now operates a policy (recommended by the Law Society and considered essential by the CLS Board) of keeping a record of the experts its uses. This has been compiled over time, aims to be as comprehensive as possible, and is always being revised. The Welfare Rights Manager is responsible for this list,. WROs should normally choose experts, whose areas of expertise experience seniority (and so cost) competence (on paper and in court) and speed of response should be described, from the list. Where an expert used is not listed, details should be provided to the Welfare Rights Manager. 16. FILE PROCEDURES AND STORAGE FILE ADMINISTRATION: When a new matter is started, the file procedures recorded in the Welfare Benefits handbook should be followed. A copy of this handbook was given to WROs along with this manual. The WRO must allocate it to a category determining the number of years for which it is to be kept. WROs should arrange for files of concluded matters to be removed from their cabinets and drafted away regularly (at least annually). The file should be placed in an envelope, marked clearly with the Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 13 29/07/1700:23 14 client name and brief matter description, then given a reference comprising a storage time prefix, followed by the last two numbers of the year of drafting, and finally the case number as it appears on CT for that year. So 333/00/6 would be case no 333 of 2000 and should be kept for 6 years. The envelope should then be put away on the appropriate shelf at a secure place within the area office. The WRO should regularly and systematically place bundles of drafts from the draft room in cardboard boxes, mark each box clearly with the index numbers of the first and last bundles inside, and stack the boxes in order in storage room. Inability to find drafts easily is at least frustrating and can cause more serious problems, and the importance of the drafting function should not be underestimated. 17. HEALTH AND SAFETY Precautions and Accidents: Liverpool City Council’s policy recognises and accepts its responsibility for providing a safe and healthy workplace and working environment for all its employees. Liverpool City Council will take all steps within its power to meet this responsibility, paying particular attention to the maintenance of: A safe place of work and safe access to it and guidance on visiting people in their home and whilst out of the office on official business. A healthy working environment Sufficient information, instruction, training and supervision to enable all employees to avoid hazards and contribute positively to their own safety and health at work Adequate welfare facilities Training The City Council will co-operate fully in the appointment of Safety Representatives and will provide them and other staff to carry out their functions and responsibilities. The City Council also reminds employees of their own duties under Section 7 of the HJ&SW Act: to take care for their own safety and that of other workers and co-operate and co-operate with the City Council so as to enable it to carry our its own responsibilities successfully. Accidents Any accidents involving members of staff occurring whilst on duty must be reported at once to the AHO/Welfare Rights Manager, who will ensure that the Accident Report Book is completed and the Council’s insurance company is notified. The Welfare Rights Manager will monitor all accidents and may recommend changes in procedure in order to reduce the risk of similar accidents occurring. The above statement of general policy is brought to the attention of all Liverpool City Council employees in accordance with Section 2(3) of the Health and Safety at Work Act 1974. It may be added to or modified from time to time and may be supplemented in appropriate cases by further statements relating to work in particular departments. Fire Drill and Security: If a member of staff discovers a fire, immediately raise the alarm, attack the fire (if possible) with the extinguishers provided, and call the Fire Brigade (or ensure someone else has done so). A fire officer will be appointed by the City Council who as well as calling the Fire Brigade, is responsible for escorting clients in the waiting area out of the building and giving details of all other clients in the office. All staff should leave the premises in an orderly fashion (escorting any clients with them) by the nearest available exit not stopping to collect personal belongings, and assembling in the designated place which is displayed in the relevant offices and used during regular fire drills. In short get out and stay out. The AHO Manager will ensure that all members of staff and clients are present Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 14 29/07/1700:23 15 outside and that nobody remains in the building: No-one must re-enter the building without the authority of the Fire Brigade or the AHO Manager/fire officer present. Sensible precautions are to be taken to render the office secure. Staff are warned never to leave personal items of value and money unattended, as HWRSE cannot accept responsibility for personal losses. All clients and others who are not regular visitors should be escorted from reception; unattended strangers who have come through reception should be asked whom they want to see and escorted there or back to the waiting area. Home Visits Personal safety is of paramount importance .If in doubt do not do a home visi.t When undertaking home visits Enquiries should be made with AHO staff or others to ascertain whether there is a history, which would suggest caution or non-attendance. If in doubt do not visit or if necessary take someone with you. A list of home visits should always be left in your diary and on Calendar. If you do not use a diary then a plain piece of paper will do. The following details should be included 1. Name and address of tenant visiting 2. Date and time of visit(s) 3. Telephone number of person(s) being visited 4. Your own mobile telephone number The same details should be repeated on Calendar and you should ensure that your manager and colleagues have permission to access your electronic diary. If you are unsure how to achieve this contact the WRM. You must always notify the AHO manager or deputy if you leave the office for any reason. You must always notify the WRM by email of your intended home visits. If using Calendar a simple message will suffice. For example, “ Doing home visits Wednesday 14 November p.m. Please check Calendar for details”. If email is not available this should be done by fax on 233 4389 If you are unsure about any of the above please consult the Welfare Rights Manager or your AHO Manager 18. Equal Opportunities Policy Liverpool City Council operates an Equal Opportunities policy of which can be summarised as: 1. Introduction - Statement of Principles 2. A Fair Employment Policy 2.1 Recruitment 2.2 Working Conditions Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 15 29/07/1700:23 16 2.4 Training and Development 2.4.1 Staff 2.2.4 Positive Action Initiatives 3. Reviewing this Policy 1. INTRODUCTION This document is a statement of Liverpool City Council policies and practices for working towards equality of opportunity in the provision of our service and in the employment of staff to provide those services. Liverpool City Council accepts that individuals and groups have faced discrimination and disadvantage and accepts our responsibilities under the relevant legislation referring to disabled people, sex discrimination, race relations and equal pay. The following legislation was considered in the preparation of this policy: Sex Discrimination Act 1975 Race Relations Act 1976 Disability Discrimination Act 1995 We believe that many groups, including, Women, Disabled people, Lesbians, Gay men, Black and other racial minorities, people with HIV, people with cultural or religious beliefs, people because of their age, have been disadvantaged and discriminated against in work and in provision of services. 1.1 Women Liverpool City Council intends to provide more opportunities for women to realise their full potential as workers. Although many women work at LIVERPOOL CITY COUNCIL they are not represented at every level within the organisation. We intend to change this. We will also do all we can to make it easier for women to work and be responsible for children as we recognise that many mothers still have that main responsibility. 1.2 Disabled People Liverpool City Council recognises that disabled people do not have fair and equal access to jobs or homes. We recognise discrimination has occurred either intentionally or through ignorance. We aim to employ disabled people in every sort of job and provide housing to meet their specific needs. This will be done by providing special equipment and training and by providing services designed to meet their requirements. 1.3 Lesbians Liverpool City Council will not take into account persons sexuality in employment or the provision of services. Liverpool City Council elieves lesbians are discriminated against because they are lesbian and because they are women. We want to make it safe for lesbians to be open about their sexuality and not conceal or deny their sexuality in fear of discrimination. We will ensure lesbian staff are given the same conditions and benefits that are given to heterosexual people. 1.4 Gay Men LIVERPOOL CITY COUNCIL will not take into account a persons sexuality in employment or the provision of services. Liverpool City Council recognise many gay men conceal or deny their sexuality for fear of discrimination and we will work to Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 16 29/07/1700:23 17 make it safe for gay men to be open about their sexuality. We will ensure gay men are given the same conditions and benefits that are given to heterosexual staff. 1.5 Black and other racial minorities Liverpool City Council is totally opposed to racism in all its forms and will work to combat racism from institutions or individuals. We want black and other racial minority staff to be fairly represented in all of Liverpool City Council jobs. We recognise that black and other racial minority groups are under-represented in employment and we will support and promote ways of improving this. 1.6 People with HIV We will ensure that we will not discriminate against applicants or staff with HIV. We will not demand HIV tests on appointment and will have specific procedures to deal with sickness and confidentiality which recognise and protect members of staff who have HIV. individual needs and guarantee confidentiality. 1.7 Cultural or Religious Beliefs LIVERPOOL CITY COUNCIL will recognise that staff who have particularly cultural or religious beliefs will need to wear particular dress and observe prayer times and religious holidays. We will vary or adapt working requirements to ensure these are met. We will not restrict mode of dress or presentation of employees. We will ensure equal access to jobs. 1.8 Age Liverpool City Council will not discriminate against applicants or staff because of their age. 1.9 Summary Liverpool City Council will identify the needs of disadvantaged groups in our areas of operation by establishing close relations with them. We will actively seek to assist them to benefit from our services through our equal opportunities policy. We will also employ staff from disadvantaged groups and provide special training facilities if necessary, to enable them to complete on equal terms. We will not tolerate any harassment, racial, sexual, because of disability or of lesbians or gay men. We will not tolerate any posters or pictures which cause offence to any of the groups covered by the policy. We will not hesitate to use disciplinary measures to enforce this in the workplace or among contractors, agents, Board of Management and will take action against proven perpetrators of harassment. Liverpool City Council will apply this policy of equal opportunity to its Board of Management and members, recognised. Liverpool City Council will provide training to put those principles into practice, and provide annual Equal Opportunities training for its Board of Management and Committee members, staff. Liverpool City Council recognises that discrimination and disadvantage will not be reversed without promotion of positive action policies and practices and procedures will be monitored to counter any indirect discrimination. 2. A FAIR EMPLOYMENT POLICY 2.1 Recruitment To make sure there is a fair and open access to all of our jobs we have designed a Recruitment and Selection procedure which aims to eliminate discrimination from all stages of recruitment. It includes: Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 17 29/07/1700:23 18 - A Personnel Competency Specification for all jobs - Guidance on where and how to advertise, particularly to underrepresented groups - Standard job and interview packs for all applicants - Guidance on shortlisting and questions and tests at interviews - Monitoring each vacancy, as it occurs to make sure the maximum use is made of our limited number of employment opportunities - Opportunity for unsuccessful candidates to receive feedback on their interview. All staff involved in recruitment are trained in how to run our procedures as we recognise its central important in opening up access to all jobs at Liverpool City Council. 2.2 2.4.1 Working Conditions As well as fair systems for pay, pensions, flexi-time and other general working conditions. Liverpool City Council has developed a number of other policies to help staff to fit their careers into their lives: Job Sharing Particularly to help existing staff to continue working Job Retention - For both Childcare and other caring responsibilities Liverpool City Council Staff Our Training and Development Strategy aims to help all staff to realise their full potential in developing their careers. As well as a full range of skills courses, all staff receive training in implementing our Equal Opportunities policies. We have also introduced a number of specific training and development ideas to support Equal Opportunities. These include: Professional Training Positive Action Various day release/time off options are available throughout our pay structure. We pay fees, help with books and provide study leave for revision and exams. - Pre and Post Maternity Job Shadowing Extensions of our day release and inhouse options particularly aimed at helping career development for women black people and persons with disabilities - Staff will be kept informed of training events In order for skills to be developed in other work areas, staff may shadow other staff Training and Development needs are identified through Liverpool City Council’s Performance and Development system and all members are trained to coach and help staff in their chosen career paths. 2.4.2 Positive Action Initiatives Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 18 29/07/1700:23 19 To increase skills levels amongst disadvantaged groups and also to improve our own knowledge of their needs we will continue to promote positive action training initiatives such as: - Skill training linked to our major building projects - Promotion of employment of members of disadvantaged groups by our maintenance contractors - Training and support for new black maintenance firms - Contributing to and supporting the work of black housing associations - Work placements for disabled students. Staff who suffer any kind of harassment from colleagues should make use of the grievance procedure, and new sexual harassment procedures, and will also have access to senior staff of both sexes outside their department to consult for confidential support, assistance and advice. Harassment of staff will be treated as a serious disciplinary offence. 3. REVIEWING THIS POLICY Responsibility for reviewing and improving the Equal Opportunities Policy will lie with the Welfare Rights Manager. S/he will regularly monitor all targets and procedures, propose changes and additions where necessary and they will be responsible for reporting annually to management board and any other relevant Committees on LIVERPOOL CITY COUNCIL’s Equal Opportunities performance. 19. AMENDMENT OF THIS MANUAL. This manual will be updated annually and when there are any major changes in personnel or procedures to be followed within Liverpool City Council/HWRSE. There will always be a copy of the up to date manual in the bookcase, which is available for all employees to consult. A copy will also be held in all out reach offices. The person entitled to update this manual is the Welfare Rights Manager. All WROs have been provided with a copy of this manual and will be provided with subsequent copies of any amendments. Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 19 29/07/1700:23 20 APPENDIX C THE LAW SOCIETY’S PRACTICE MANAGEMENT STANDARDS N.B. The Council approved the P.M.S. in April 1993. Bold type denotes the Core Standards. A. Management Structure: A1. Organisations will have a written description of their management structure, which should be appropriate to the size and type of organisation and explicable to staff (perhaps by listing the designated responsibilities of individuals and describing reporting structures in HWRSE). There will be a named supervisor for each area of work. B. Services and Forward Planning: B1 Organisations will document (confidentially, choosing the most suitable format and level of detail): an outline strategy, against which to review performance and take decisions about future development; what services are to be provided, how, and to what client types; and their approach to marketing. The strategy should provide a framework for major decisions such as purchase of computers, office location, staffing and targeting new business. Organisations may wish to consider annual budgets and financial targets, setting goals for the next 3 to 5 years, and identifying specific objectives. For Organisations satisfied with their current quality and level of business, a marketing plan will need to be less detailed than for a organisation wishing to expand, seeking to develop a new specialism, or uncertain about its future client base. For some areas of work, the plan may need to describe how to contain demand to an acceptable level (rather than how to encourage additional business), taking account of that work’s profitability and the resources of the Organisation. A marketing plan may: describe the firm’s strategy, scope of services and client care policy; state the firm’s resources (including skills and knowledge); set out measurable objectives for the business to be developed; explain how the firm’s structure or personnel will need to develop if those objectives are to be attained; provide a timetable and budget for marketing activities; allocate and describe appropriate individual responsibility for the marketing effort; and describe arrangements for monitoring the response (e.g. recording sources of referrals). B2 Organisations will have regard to Law Society guidance on non-discrimination in the provision of services. C. Financial Management: C1 Organisations will be able to demonstrate who exercises responsibility for financial affairs. C2 Organisations will be able to demonstrate that they have the management and financial information (including annual balance sheet, profit and loss account and budget (detailing any proposed capital expenditure), and quarterly variance analysis of income and expenditure against budget) necessary for monitoring income expenditure and cost, and for forward planning. Organisations may also find it helpful to produce (by computer) additional management information such as quarterly cash flow forecasts for the next 12 months, separate capital expenditure budgets, monthly aged debtor lists, and analyses of the cost of services (including apportioned overheads) and working capital, cases by category and client, and fees by fee-earner and category. Implementation of a computerised accounting system will assist cost-effectiveness and compliance, and the significant investment in money and time is worthwhile if properly planned. C3 Organisations will have a system which ensures that time spent on casework can be properly recorded and attributed. The system may provide that some types of matter (e.g. where a fixed fee has been agreed) need not be subject to time-recording, except on a sample basis. D. Managing People: Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 20 29/07/1700:23 21 D1 Organisations will document the skills knowledge and experience required of staff, and the tasks they are required to perform, usually in a written job description, though employment contracts may reserve job flexibility. D2-3 Organisations will have arrangements, which evaluate the skills knowledge experience integrity and suitability of job applicants, and to provide an induction process for new staff. D4 Organisations will have arrangements to: document the responsibilities and objectives of each partner and member of staff; evaluate the performance of staff at least annually against those responsibilities and objectives; and record in writing the performance appraisal (keeping the records confidential to the organisation and the individual concerned). D5 Organisations will have arrangements to ensure that: all staff are trained to a level of competence appropriate to their work; training and development needs (including skills and knowledge required for the management and organisation of the practice) are assessed for each person against the objectives of the practice, and are reviewed at least annually; and appropriate written training records are maintained. Organisations should ensure that, for costeffectiveness and to maximise development of the firm’s own resources, skills and knowledge acquired by staff are communicated within the HWRSE through training in-house. D6-8 Organisations will have arrangements which foster communication within the practice, will ensure that there are appropriate arrangements for supervision, and will have regard to Law Society guidance on equality of opportunity. E. Office Administration E1 Organisations will designate administrative responsibilities as part of the description of management structure. E2 Organisations will maintain an Office Manual, collating information on office practice, which should be available to all members of the practice. E3 Organisations will institute arrangements to ensure that fee-earners have ready access to up-to-date legal reference material for the areas in which the practice offers a service, and receive timely information about changes in the law relevant to their work (e.g. by circulation of journals, ensuring compliance with copyright provisions). F. Case Management: F1 Organisations will have arrangements to: maintain an index of matters; facilitate identifying any conflict of interest; monitor the number and type of matters undertaken by each fee-earner, to ensure that they are within his capacity; maintain a back-up record of key dates in matters, so as to ensure action is taken by the fee-earner at the appropriate time; and ensure proper authorisation and monitoring of undertakings given on behalf of the practice. F2 Where required to do so by a third party funding various matters, or by a client instructing the practice in a number of matters, the practice will have a system which enables all relevant matters to be identified. F3 Organisations will have procedures to ensure compliance with practice rule 15 (client care) and the written professional standard on costs information, and to provide for clear and regular communication with clients. Organisations should use language that may be readily understood and may use standardised checklists to ensure appropriate information is obtained and given at each stage of a matter. F4 Organisations will establish a procedure for taking instructions which will ensure that (except where it would be inappropriate to do so, e.g. where repetitive work is done for a regular client, in cases of urgency where it is not practical to provide full information, or where particular sensitivity is required in handling the matter) fee-earners: agree and record the client’s instructions, advice given, action to be taken by the practice, terms of business, the Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 21 29/07/1700:23 22 basis of charging and the likely cost (or such information about cost as can be given) or (in legally aided cases, if appropriate) information on the effect of the statutory charge, and who will be responsible for the conduct of the case; confirm these with the client (ordinarily in writing); provide written information to the client about complaints procedures: and identify, and record in both the file and the back-up system, key dates in the matter. F5 Organisations will have policies designed to ensure that: information on progress of the matter is given to the client at appropriate intervals; information about changes in the action planned to be taken in the matter, its handling, or cost, is given to the client promptly; a timely response is made to correspondence and telephone calls; information on cost (or, in legally aided cases, the effect of the statutory charge, if any) is given to the client at least every 6 months; and timely reference is made to the client when an agreed limit on costs or stage in progress is approached. In a complex matter, a case plan may also be prepared, agreed with the client, and periodically reviewed and updated. F6 Organisations will have procedures to ensure that they are able to identify and trace all documents, correspondence and other information relating to a matter, and that these are properly stored and readily accessible. F7 Organisations will have procedures to ensure that, at the conclusion of the matter, the practice: reports to the client on the outcome, explains any further action that the client is required to take, and states what (if anything) the practice will do; accounts to the client for any outstanding money; returns to the client (if required) original documents and other property belonging to the client (except items which are by agreement to be stored by the practice); informs the client (if appropriate) about arrangements for storage and retrieval of papers and other items retained; and advises the client whether he should review the matter in future, and if so, when. F8 Organisations will establish a procedure for using barristers, expert witnesses etc., in providing the practice’s legal services which will include provision for the following: use of clear selection criteria (e.g. availability, recommendation, experience); consultation with the client (where appropriate) in relation to selection, and proper advice to the client on choice of advocate; maintenance of records of barristers and experts used (which may give reasons for inclusion); giving of instructions which clearly describe what is required; checking of opinions and reports received, to ensure they adequately provide the information sought; and payment of fees. F9 Organisations will have arrangements to ensure that: the status of the matter and action taken can be easily checked by other members of the practice (e.g. by means of attendance notes, action lists, or correspondence with the client); documents are arranged in the file in an orderly way; and the file shows clearly key information, which will include details of any undertakings given on behalf of the practice, and may also include any case plan or list of documents, and time records and financial transactions (unless readily accessible in a central system). F10 Organisations will have arrangements to supervise the conduct of casework, including provision for the periodical review of the management of files by a caseworker who has not been involved in the day-to-day conduct of the matter. It will be a matter for each manager to determine the frequency of such reviews and the size of the sample of files selected. Further options for the appropriate supervision of casework include checking incoming and outgoing post, and regular review sessions with a supervisor covering discussion of new cases taken on, progress analyses for current cases, evaluation of outcomes of completed cases, and consideration of training needs in relation to legal knowledge and skills. F11 Organisations will have arrangements for: reporting and recording centrally every formal complaint made by clients; responding appropriately to any complaint; and identifying the cause of any problem of which a client has complained, offering any appropriate redress, and correcting any unsatisfactory procedure. Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 22 29/07/1700:23 23 Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 23 29/07/1700:23 24 WRO locations and Telephone numbers WRO May Stone AHOs Number Croxteth 233 4318 Dovecot 233 4319 Norris Green 233 4322 Chatsworth 233 4297 Old Swan 233 4317 West Derby 233 4730 Lynne Jones Childwall 233 4308 Sharon Thompson Walton 233 4324 Nrth Vauxhall 233 4313 Paul Hackett Jimmy Pugh Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 24 29/07/1700:23 25 HWRSE OFFICE MANUAL INDEX 1. Purpose of this manual 2. Background 3. Objectives 4. Independent Advice and Confidentiality 5. Management and Staff Structure 6. Terms of Employment 7. Office Procedures 8. Management Standards 9. Standards 10. Client Care 11. Quality Audits 12. Complaints Handling 13. Equipment 14. Training 15. Library 16. File Procedures and Storage 17. Health and Safety 18. Equal Opportunities Policy 19. Procedures for updating this manual 20. WRO telephone numbers and locations Updated 08/11/2001 in compliance with Not-for Profit Edition of Legal Aid Boards Quality Assurance Standards April 1999 and CLS Quality Mark Standards April 2000 25
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