Public Sector
Overview
Delivering value and best practice for the public sector
The public sector in Scotland and the rest of the UK continues to face a significant challenge – how to deliver services which meet the widening expectations of users, within tightening budgetary constraints, subject to public scrutiny and often within a complex regulatory and legislative framework.
Our award-winning public sector team is one of Scotland’s leading practices, acting for a wide range of Scottish and UK public authorities as well as those in the private sector who interact with the public sector.
This experience has given us an in-depth, broad understanding of the sector. We are aware of the wider policy and political landscape and our advice is always tailored to take account of commercial, regulatory and environmental factors.
We have worked on many of the most complex, high profile and high value projects in the public sector in Scotland, and have some of the country’s lead leading legal minds on our team, including Professor Lorne Crerar, author of the Independent Review of Regulation, Audit, Inspection and Complaints handling of public services in Scotland, “The Crerar Review” which reviewed the role of scrutiny bodies within the public sector to reduce the overall regulatory burden.
We work closely with:
- Central government departments
- Government agencies
- NDPBs
- Local authorities
- Regulatory bodies
- Charities and community organisations
- Further and higher education institutions
- Regeneration agencies
- Registered social landlords
Key contacts
Advice
Bespoke advice to the public sector
We provide bespoke advice in a wide range of areas, including:
Charities & social enterprise
Overview
We provide practical legal, regulatory and commercial advice on all aspects of the not-for-profit sector, working with charities, social enterprises, voluntary organisations, community interest companies, and housing associations.
Construction & Infrastructure
Overview
Our team has extensive experience advising public sector clients from advising on the Scottish Government’s hub initiative (since 2009), affordable homes, civils and major engineering contracts, modern methods of construction (inc net zero and sustainability led projects), dispute avoidance, hub and other framework contracts, and PFI & PPP project. The team co-hosted The Blueprint in Spring 2023, a forum to discuss the key issues impacting upon public sector construction projects in Scotland, with a particular focus on working towards net zero. The Blueprint report highlights key themes discussed.
Corporate governance
Overview
We understand the importance of good governance in all walks of life. Our expert regulatory lawyers bring specialist knowledge of advising public bodies on all aspects of corporate governance. This allows them to perform their functions effectively, including in relation to decision-making, compliance with regulatory law and good practice, in a way that supports effective decision-making and ensures accountability and transparency and in accordance with principles of effective risk management.
The public and voluntary sectors are complex and varied, and we know from years of experience that bodies operating in these sectors require a bespoke approach. In delivering our services, we seek to tailor our provision to the specific needs of our clients, to help them achieve their goals whilst operating in areas of law that are often dynamic and complex, and subject to an increasing amount of regulatory and reporting requirements. We help our clients to streamline their operations, to embrace innovation and to form successful partnerships where appropriate, in order to operate to maximum efficiency and manage risks effectively, including financial, reputational and legal risks.
Debt recovery
Overview
Our solicitors are ranked among Scotland’s leading debt recovery lawyers and work closely with many bodies in the public sector, using our specialist knowledge to make recovery in other circumstances where recovery opportunities might be missed.
Dispute resolution
Overview
We have extensive experience of acting for public bodies in defending judicial review proceedings, and indeed the risk of judicial review of their policies and decisions.
Employment law
Overview
Our employment law team has extensive experience of advising a broad range of public sector clients on employment law and HR matters, including local authorities, ALEOs, higher and further education institutions, NDPBs and central government departments.
EU, regulatory & competition law
Overview
Our experienced team ensures organisations in the public sector can achieve their commercial objectives in a manner compatible with their legal obligations under what can be complex territory.
Housing providers
Overview
Our Housing team provides specialist advice to housing providers on every aspect of their business. As Scotland’s largest law firm with a specialist housing practice, our multi-disciplinary team of lawyers provides regulatory, governance and commercial advice to some of the UK’s largest housing stock owners.
Information law
Overview
We provide advice and assistance on all aspects of the law relating to gathering, holding, processing, securing, using and providing access to information. We help clients comply with the regulations surrounding data to ensure that they follow legal requirements and best practice.
IT and outsourcing
Overview
Our specialist team provides a full service in relation to information and communications technology, working with clients in the public sector in Scotland on projects of all sizes.
Local government
Overview
We provide solution driven, commercially focused and risk aware advice which enables local authorities to achieve their statutory and policy objectives while at the same time achieving best value.
Public Inquiries
Overview
We have significant experience in advising and representing individuals, public bodies and organisations at high-profile and complex public inquiries in Scotland, including the Edinburgh Tram Inquiry, the Scottish Hospitals Inquiry and the Scottish Child Abuse Inquiry.
Public procurement
Overview
We provide a full range of strategic and compliance advice to public sector organisations in relation to public procurement matters.
The Blueprint 2024
The Blueprint was a forum to discuss the key issues impacting upon public sector construction projects in Scotland, with a particular focus on working towards net zero. We hope you find it interesting and useful.
Learn more“Harper Macleod quickly grasp the issue and demonstrate sound understanding.”
“The lawyers provide pragmatic and timely advice.”
“The team always gives clear and sound advice. They handle cases very well.”
“Harper Macleod is the first firm we go to.”
“We receive excellent support from the firm and the professionals who are an integral part of its set-up.”
“Derek Hogg and Collette Miller are the two outstanding partners covering our work and they are both very accessible and focus on getting transactions concluded. Both are market-leading experts in their field.”
“Calum is really efficient and easy to deal with.” “Calum provides an excellent service.”
“What sets Derek Hogg apart is his knowledge of the social housing sector, and also that he is very well respected in the sector. I know advice provided from him immediately puts my board members at ease when reviewing legal documents.” “Derek Hogg’s and Euan Pirie’s involved in innovative projects has been a major contributory success factor.”
“James McMorrow. A real star and respected advisor. Our go to person on issues associated with governance, procurement, GDPR and FoISA.”
“Derek has a broad range of experience and is well known and respected in the sector.” “He is outstanding in the field, he is well respected and he serves the clients well. He is an incredible lawyer.”
“Derek Hogg and Collette Miller are the two outstanding partners covering our work and they are both very accessible and focus on getting transactions concluded. Both are market-leading experts in their field.”
“James McMorrow is an exceptional lawyer on regulatory compliance standards, corporate and governance issues – providing clear and practical assistance in dealing with highly sensitive matters.”
“James is very knowledgeable in the areas affecting the sector and he is always quick to respond.” “He is well respected and has loads of experience in the space.”
“Calum is one to watch and he has a stellar career ahead of him.” “He is emotionally intelligent and a pleasure to work with.” “Calum works really hard, and has excellent analytical skills and attention to detail.”
THE TEAM