Job info |
Job info details |
Job title |
Policy and Compliance Manager |
Strategic team/Directorate |
Financial Services |
Service |
Finance |
Business unit |
Commercial Services |
Responsible to (day to day issues) |
Head of Commercial Services |
Accountable to (line manager) |
Head of Commercial Services |
Salary grade |
40 - 43 |
JE ref |
FIN81 |
1. Key purpose of job
- To work across the Council, its wholly owned companies and other key stakeholders to implement commercial policies and deliver complex change and improvement projects which transform the Council’s approach to commercial (procurement, commissioning and contract management) activity.
- As part of the Commercial Services Senior Management Team to ensure both commercial and wider Council policies, strategies, priorities and developments are integrated into commercial practice across the Council, its wholly owned companies and key partnerships, through:
- championing and leading on policy and strategy development which affects commercial activity, for example Social Value, Community Wealth Building, Modern Slavery, Climate Change, Co-production and Community Engagement.
- utilising specialist skills, knowledge and expertise to set commercial policy which provides creative and effective solutions, advice and guidance in accordance with the Council’s Constitution, UK Public Contract Regulations, government policy and guidance, applicable legislation, case law and best practice.
- inputting into the development and delivery of an integrated and co-ordinated strategic commercial approach, encompassing all associated systems and corporate procedures.
- informing the Council’s Commercial Strategy, ensuring support for delivery of other key Council programmes, policies and strategies such as the Corporate and Community Plan, Children’s Services Sufficiency Strategy, service business plans and Council Redesign Programme.
- To oversee collection and collation of contractual information, performance and social value data from Council suppliers and report on performance and risk to Senior Leadership Team, budget holders and contract managers as required.
- To oversee the collation and analysis of data relating to external spend across the Council and its wholly owned companies to inform sourcing strategies and identify areas where spend does not comply with constitutional or legislative requirements.
- To ensure the national priorities and objectives set out in the National Procurement Strategy, Procurement Policies and Procurement Policy Statement are embedded into commercial practice across the Council and its wholly owned companies.
- To lead on implementing legislative and regulatory changes, such as the impending reform of public procurement regulations, using influencing and negotiations skills to obtain buy-in, supporting colleagues to adapt to new ways of working and taking a project management approach to embedding change the Council and its wholly owned companies.
- To lead, manage, motivate, persuade and support colleagues to ensure commercial activities are effective, efficient, compliant and deliver Council objectives, including where there may be resistance and/or where matters are complex, contentious or politically sensitive.
- To lead on a best value approach to commercial negotiation with suppliers to deliver better quality, value for money, improved services and efficiency savings.
- To research models of best practice, policy and case law to shape the commercial approach taken by the Council and its wholly owned companies.
2. Anticipated outcomes of post
- There is a strategic, proactive, creative, adaptable, effective and compliant approach to commercial activity, allocation of resources and the methodologies adopted, which reduces risk of legal challenge or contract failure, maximises budgets and supports the priorities and objectives of the Council and its wholly owned companies.
- Change management in procurement and contract management is used to drive wider organisational change.
- Commercial activity, policy and strategy supports the political, economic and social aims of the Council and its wholly owned companies. The Community and Corporate Plan and Council Redesign Programme principles are integrated into the approach to commissioning, procurement and contract management.
- Statutory and regulatory obligations, including compliance with the National Procurement Policy, in relation to commercial activity are met.
- The Council and its wholly owned companies are able to demonstrate the value added through effective procurement and contract management, including supporting local businesses, SMEs (small and medium enterprises), VCSEs (voluntary and community sector enterprises and the community.
- The approach to commercial activity identifies synergies and delivers efficiencies supported by an agreed rolling forward plan of procurement activity, in the way that the Council and its wholly owned companies procure goods, services and works and manage the resultant contracts.
- Commercial plans and strategies have effective risk monitoring, mitigation and escalation processes in place and the corporate risk management framework is applied correctly across all commercial activity.
- The Commercial Services team utilises its resources effectively directing them to areas where they will deliver the maximum benefit, including identifying and addressing:
- areas of high spend where commercial practice requires improvement.
- categories of common spend which would benefit from joint contracting arrangements.
- programmes and projects where the impact is council-wide or deliver significant community benefit.
- Contract strategies and supply arrangements, that deliver agreed outcomes, are in place. Contracts are managed effectively, cost and quality targets and the benefits / efficiencies to be realised are captured and reported.
- Provision of robust analysis and challenge to Senior Leadership Team on a range of key performance measures and risks in relation to commercial activity, to ensure early warning of potential issues.
- A comprehensive set of contractual arrangements for the supply of goods, services and works are in place and the Council obtains Value for Money as defined in Section 3 of the Local Government Act 2003.
- There is improved commercial capability and understanding across the Council and its wholly owned companies, with a planned and organisational approach to talent development in relation to commercial skills.
- The Council takes a ‘one-team’ approach to the design and implementation of solutions for public services which spans Council departments, wholly owned companies and other external partners and organisations, with Corporate and Community Plan and Council Redesign Programme principles integrated into the approach to commercial activity.
- Members are equipped with the necessary skills and knowledge to engage effectively and appropriately in the leadership and governance of Council commercial activity.
- Digital technology is used effectively to underpin the procurement cycle and commercial innovation is recognised and adopted.
3. List key duties and accountabilities of the post
- Responsible for safeguarding and promoting the welfare of children and vulnerable adults at all times.
- Responsible for ensuring Council policy, guidance and practice is consistent with the regulatory framework for public sector contracting, including EU and UK legislation, statutory guidance, internal procedures, case law and recognised best practice.
- Responsible for improving commercial practice, reducing risk and ensuring the service provides a co-ordinated strategic commercial approach, encompassing all associated systems and corporate procedures for the Council and its wholly owned companies, through:
- developing commercial policy and processes to manage the key stages of commercial delivery, which reflect primary and secondary public contracts legislation, national priorities for public procurement, wider Council policies (e.g. Data Protection, Climate Change) and strategic priorities, case law and best practice;
- for developing policies, procedures, strategies and practice relating to key areas such as Social Value and Modern Slavery, providing the organisational capability and capacity required to ensure these requirements are embedded across the diverse range of commercial activities undertaken by the Council and its wholly owned companies.
- engagement and consultation with key internal and external stakeholders, including Members.
- managing the implementation of commercial policies, processes, and technologies, working closely with staff at all levels across the Council and its wholly owned companies to drive through significant areas of change.
- Responsible for developing and maintaining an up-to-date suite of training and guidance resources to inform, advise, support, upskill and mentor all officers across the Council and its wholly owned companies, providing the organisational capability and capacity to ensure commercial activity is carried out to a consistently high quality and tax payers’ money is spent effectively and efficiently.
- Responsible for engaging Senior Leadership Team and Members in the governance of Council commercial activity and the development of relevant monitoring and reporting in relation to non-compliant spend and contract performance.
- Responsible for putting data and information systems in place to enable the monitoring and review of procurement performance across the Council and its wholly owned companies in order to mitigate legal and commercial risk, guard against fraud and corruption, deliver best value and high-quality provision that meets priorities and objectives.
- Responsible for understanding and identifying the data and information requirements to support all aspects of commercial delivery, including early identification of operational and strategic risks, issues and areas of non-compliance. Ensuring effective systems and processes are in place for the early identification, escalation and management of commercial risks and issues.
- Responsible for monitoring and reviewing commercial performance across the Council and its wholly owned companies to mitigate legal and commercial risk to the Council, guard against fraud and corruption, deliver best value and high-quality provision that meets priorities and objectives.
- Responsible for ensuring the data, information and evidence is available to enable the Council to meet its transparency obligations and respond in a timely manner to bidder / supplier complaints or challenges, Public Procurement Review Service or other Cabinet Office / Crown Commercial Service investigations, legal disputes and court hearings. Including managing and responding to complaints and challenges in a manner which results in amicable resolution and reduces the risk of legal action.
- Managing and responding to Public Procurement Review Service or other Cabinet Office / Crown Commercial Service investigations, complaints and legal challenges as applicable. Providing expert witness statements and attending court hearings to present expert
evidence, as required.
- Responsible for ensuring issues of non-compliance with commercial policy, procedures or legislation, particularly where there is potential risk to the Council, are identified, addressed and escalated in accordance with internal policy.
- Providing professional commercial advice and guidance in order to mitigate risk and ensure best value, taking into consideration Council policy objectives and wider statutory obligations such as social value, modern slavery, equality, sustainability and environmental issues.
- Identifying creative and innovative solutions to resolve complex commercial issues, particularly where there is potential risk of non-compliance, supplier failure and/or legal or financial risk to the Council or its wholly owned companies.
- To have oversight of all internal audits where commercial activity is a consideration to ensure effective monitoring and delivery of actions. Reporting to Directors on compliance with audit outcomes and identifying and flagging priority actions and risks associated with uncompleted actions.
- Responsible for prioritising own workload and that of direct reports to ensure operational requirements and strategic objectives of the Council and its wholly owned companies are met, compliantly and in line with best practice through high quality and consistent delivery. Including working with the Commercial Services and Finance Management Teams to establish service wide priorities.
- Exploring and developing opportunities for partnership working and collaboration with other organisations, to facilitate joint working, sharing of best practice and supporting wider commercial activities including income generation.
- Responsible for maintaining standards of professional and ethical practice and ensure these practices are compliant with professional and organisational values. Ensuring the Commercial Services offer is high quality, efficient, effective and consistent across all levels and categories of spend, to support the Council commitment to being inclusive, valuing and reflecting the full diversity of the community it serves and promoting integrity, fairness, transparency and equality within all commercial activity.
- Any other duties commensurate with the post as may be required from time to time.
4. Budgetary/Financial Responsibilities of the post
- Significant impact on all Council revenue and capital budgets – procurement and contract management is fundamental to driving savings through all budgets as a key enabler of savings proposals and the achievement of best value.
- Ensuring contracts awarded by the Council and its wholly owned companies are put in place and managed in accordance with the Council’s Constitution, UK Public Contracts Regulations and EU Procurement Directives and that the appropriate financial due diligence checks have been undertaken.
- To make optimal use of available resources in support of policy and strategy.
5. Supervision/Line Management Responsibilities of the post
- Direct line management responsibility for the Corporate Contracts Officers and Data & Compliance Officer and indirect supervision of all other operational staff within the Commercial Services Team.
- Indirect supervision, guidance, and training to officers across the Council in relation to the development and implementation of commissioning and commercial activity skills.
- Management oversight of all staff engaged in commercial activity across the Council and its wholly owned companies.
6. Working environment and conditions of the post
- Normal working conditions and environment.
7. Physical demands of the post
- Normal working conditions and environment.
8. Specific resources used by the post
9. Key contacts and relationships
- External
- Other local authorities and public bodies, including but not limited to members such as South West Procurement Board and Devon & Cornwall Procurement Partnership, Devon Integrated Care Board, Children’s Services Peninsula Commissioning Group, Torbay schools and academies, Torbay Community Wealth Building Procurement Sub-Group.
- Council’s key strategic partners and wholly owned companies, including but not limited to Devon ICB, Torbay and South Devon NHS Foundation Trust, SWISCo, TDA group, Torbay Education Ltd.
- Prospective and current contracted suppliers, including key strategic suppliers.
- Public Buying Organisations and Framework Management Organisations.
- Local business forums, including Federation of Small Business, Chamber of Commerce and Torbay Business Forum.
- Voluntary and community sector organisations and Torbay Community Development Trust.
- Internal
- Senior Leadership Team, staff at all levels across the Council, the Leader, Finance Portfolio Holder, Cabinet and all other Members, through formal and informal governance routes.
- Individual programme and project boards.
10. Other duties
- To undertake additional duties as required, commensurate with the level of the job.
Other Information
- All staff must commit to Equal Opportunities and Anti-Discriminatory Practice.
- The Council operates a Smoke-Free Policy and the post-holder is prohibited from smoking in any of the Council's buildings (including Council owned and Council leased buildings, but excluding designated areas in residential schemes), enclosed spaces within the curtilage of buildings, and Council vehicles. The Council does not permit smoking breaks within work time, however, in services where the flexi-scheme is in operation, employees may take reasonable break times outside of core hours, in accordance with flexi-time arrangements. Employees should follow the flexi-scheme procedure for agreeing time away from their duties in the normal manner with their immediate colleagues and line manager, with break start and finish times being recorded, as with any other break-time arrangement.
- The post-holder is expected to familiarise themselves with and adhere to all relevant Council Policies and Procedures.
- The post-holder must comply with the Council’s Health and Safety requirements as outlined in the H&S policy appropriate to the role.
- This post is based at Tor Hill House but the post holder may be required to move their base to any other location within the Council at a future date.
- The post is eligible for permanent home working or hybrid working.
- The post-holder must be committed to the Council’s Core Values for employees – “Torbay Council employees are committed to being forward thinking, people orientated and adaptable - always with integrity”. Evidence will be sought during the probation and appraisal processes.
- If you are required to use your own vehicle on Council business or drive a council vehicle you will be asked to provide information on any driving endorsements by accessing www.gov.uk/view-driving-licence and providing a code to your Line Manager in order to share your driving licence information with the Council.
- You will be asked to complete a Criminal Records Self Declaration Form. Criminal convictions will only be taken into account when they are relevant to the post. You will only be asked to disclose‘ unspent’ convictions.
- Torbay Council is committed to safeguarding and promoting the welfare of children and applicants must be willing to undergo the checks appropriate to the post applied for.
Person Specification
Note for Candidate
All Candidates
The supporting statement on your application form will be used to assess ability to meet the essential requirements of the role, so you should explain how you meet each of the numbered essential requirements within your supporting statement.
In a competitive situation, the desirable criteria may be taken into consideration, so you are encouraged to show how you also meet each of the desirable criteria.
Candidates who consider that they have a disability
Reasonable adjustments will be made to the job, job requirements or recruitment process for candidates with a disability.
If you consider yourself to have a disability you should indicate this on your application form, providing any information you would like us to take into account with regard to your disability in order to offer a fair selection interview.
Where ever possible and reasonable we will make adjustments and offer alternatives to help you through the application and selection process.
If you have indicated that you have a disability on your application form you will be guaranteed an interview if you clearly demonstrate in your supporting evidence how you broadly meet the essential requirements of the role.
Job info |
Job info details |
Job Title |
Policy and Compliance Manager |
Strategic team/Directorate |
Financial Services |
Service |
Finance |
Business unit |
Commercial Services |
Skills and effectiveness
Essential skills and effectiveness
- Proven ability to draft effective and relevant commercial policies, procedures, guidance and training materials, which meet the needs of a wide range of audiences and levels of knowledge and understanding.
- Leadership and management skills necessary to:
- lead a team, motivate staff and stakeholders, influencing the key relationships which enable better performance.
- lead a diverse range of project teams which may comprise colleagues from across the Council, its wholly owned companies, other partners or external organisations.
- lead on, inform and respond proactively, positively and effectively to organisational and legislative change.
- manage, coach and mentor teams and utilise staff resources effectively and efficiently.
- Proven ability to work autonomously, leading on complex projects, taking charge of complex / contentious strategic commercial relationships, making significant decisions in situations:
- where the outcome may have significant implications on service provision, for example where a decision results in a change in policy or working practices across the Council and its wholly owned companies.
- which may commit the Council to a particular course of action or impact on theCouncil’s ability to put contracts in place without the need to defer to more senior officers.
- requiring excellent influencing, persuasion and negotiation skills to reduce resistance and obtain buy-in for the course of action there may be resistance.
- Ability to make decisions and respond confidently and authoritatively when under internal or external scrutiny, including situations where there is resistance or challenge.
- Ability to think strategically:
- setting policy and processes and making decisions which support delivery of Council priorities.
- identifying, understanding and responding to synergies and interdependencies across the Council, its wholly owned companies and partners, formulating strategies and plans and anticipating and resolving problems before they arise.
- Mature problem-solving skills and the ability to:
- assimilate, understand, analyse and communicate complex information and data to inform decision making.
- identify causes and determine a range of informed and imaginative commercial solutions to address complex commercial issues without reference to others.
- make decisions or recommendations in relation to complex or contentious matters and / or situations where there may be resistance, where the outcome may have significant implications on service provision.
- quickly and effectively contextualise information, data and background regarding current and future service provision enabling informed strategic decision making.
- respond effectively and appropriately to manage supplier complaints, issues and legal contractual matters, including ability to justify the decisions made.
- Proven ability to work on and prioritise multiple projects across a diverse range of subject
matters, dealing with conflicting and ever-changing priorities and deadlines, in relation to
own workload and that of direct reports.
- Ability to demonstrate the sensitivity and motivational, negotiation, challenge and
influencing skills required to minimise opposition and maximise acceptance of decisions or
recommendations to:
- secure improved service delivery and best value.
- achieve improved outcomes through collaborative and partnership working.
- ensure legislative compliance and minimise risk of legal challenge or contract failure.
- Ability to demonstrate the extensive communication skills necessary to be able to present complex and contentious information clearly, in a range of formats to varied audiences to ensure understanding and buy-in.
- Proven ability to forward plan and prioritise activities over the course of months and years to meet strategic objectives.
- Demonstrable commitment to the improvement and development of own performance and that of other members of the team and organisation.
- Ability to demonstrate the skills necessary to work effectively as part of the wider Commercial Services team to deliver against policy and strategy, as well as commercial negotiations with contracted suppliers to deliver better terms and efficiency savings.
- Ability to demonstrate the ICT literacy and skills necessary produce a range of complex correspondence, reports, spread sheets, financial monitoring, presentations etc.
- Ability to work to the Council’s core values of being forward thinking, people oriented and adaptable, always with integrity.
Desirable skills and effectiveness
- Proven ability to deliver excellent outcomes within the public sector in a senior commercial role.
- Project management skills.
Knowledge
Essential knowledge
- Advanced knowledge and understanding of key commercial processes across diverse areas.
- In depth knowledge of procurement rules reform, the impact this will have on public sector commercial activity. The ability to effectively interpret changes to minimise risk and develop plans and strategies for the delivery of a major programme of change.
- Extensive knowledge, understanding and ability to interpret the relevant commercial aspects of associated legislation, case law, policy, practice and guidance, including:
- Public Contracts Regulations (primary and secondary legislation);
- Public Services (Social Value) Act;
- Modern Slavery;
- National Procurement Policies and Policy Statement;
- Best Value Duty;
- Public Sector Equality Duty;
- Local Government Transparency Code;
- Environmental and sustainability issues;
- Data Protection Act / GDPR;
- Freedom of Information Act;
- Contract lifecycle and contract / supplier relationship management methodologies.
- In depth knowledge of social value and community wealth building agendas and how to realise the benefits within a public sector environment.
- Knowledge of wider Council policy and strategy, such as Climate Change, Data Protection, Information Security, Safeguarding, Health & Safety and Community Engagement / Co-Production / Co-Design and the interdependencies between these and commercial activity.
- A sound understanding of local government policies, priorities, structures and governance processes.
- Demonstrable awareness and understanding of the impact actions taken can have during the procurement and contract life cycle.
- Extensive knowledge and understanding, at a local and national level, of current and future trends, priorities, political and economic issues and policies and their impact on local government commercial activity.
- Knowledge of E-Procurement and Contract Lifecycle Management systems and the Outsourcing Playbook.
- Knowledge and understanding required to effectively use Microsoft Office applications, including Teams, Excel, Word, PowerPoint and Outlook.
Desirable knowledge
- Knowledge and understanding of Torbay Council Financial Regulations and Contract Procedures.
- Theoretical and practical knowledge of performance management, policy development and service improvement including quality standards development of management information systems.
- Knowledge of the procurement and commissioning cycles and their practical application within a real contract environment.
- Understanding of the democratic process within local government.
- Knowledge of Microsoft Project and Planner.
Experience and achievements
Essential experience and achievements
- A track record of service improvement in a commercial contracting environment, working strategically with internal and external stakeholders to drive improvements, whilst delivering best value, quality, innovation and Social Value.
- Experience of identifying new ways of working to improve delivery, developing and leading on the implementation of complex new processes or policies within organisations.
- Demonstrable experience of sustained high performance and working proactively to deliver against targets, to achieve service improvement in a commercial environment.
- Experience in risk assessment and applying risk management strategies.
- Experience in problem solving, involving and influencing operational professionals to implement change and improvements.
- Demonstrable experience of working proactively within a commercial environment and the successful management of contracts and supplier relationships.
- Experience of identifying and exploiting commercial opportunities to benefit commercial outcomes.
- Experience in responding quickly to changing priorities and competing deadlines, individually and in a team environment.
- Demonstrable experience of partnership and collaborative working across a diverse range of internal and external stakeholders and areas, including leading on activity, obtaining buy-in and providing effective support and challenge.
- A proven track record in the management of projects and relationships across organisational boundaries.
- Experience of preparing and presenting business cases, reports and briefings to a variety of audiences.
Desirable experience and achievements
- Experience of managing staff through change and forming high-quality working relationships at all levels including as an interface with elected members.
- Experience of managing complex organisation wide projects from initial planning to delivery of objectives and outcomes.
- Experience and familiarity of working at senior levels within a number of different organisations.
- Demonstrable experience of working proactively within a commercial environment and the successful management of projects or programmes.
- Experience of applying project management methodology, for example PRINCE 2.
Qualifications/professional memberships
Essential qualifications/professional memberships
- Educated to Degree level or equivalent or demonstrable academic and/or professional ability or experience in the relevant field.
- Government Commercial Function qualification in Contract Management at Practitioner level or equivalent and/or Level 5 Advanced Diploma in Procurement and Supply or equivalent or commensurate experience at a senior level in a commercial role.
- Evidence of continuing professional and personal development.
- Willingness to study for Government Commercial Function qualification in Contract Management at Expert level or Level 6 Professional Diploma in Procurement and Supply or equivalent.
Desirable qualifications/professional memberships
- Full membership of the Chartered Institute of Procurement and Supply (MCIPS).
- Government Commercial Function qualification in Contract Management at Expert level or equivalent.
- Level 5 qualification in leadership and management, e.g. CMI, ILM or equivalent.
- Project/programme Management qualification, e.g. PRINCE 2 Foundation / Practitioner or equivalent.
Other requirements
Other requirements of the job role
- Demonstrates a commitment to safeguard and promote the welfare of children and young people.
- Ability to carry out the physical requirements of the role (i.e. manual handling).
- Ability to travel efficiently around the Bay/South West/UK in order to carry out duties.
- Ability to accommodate occasional/permanent home-working.