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Transitioning out of the public sector: How to overcome your legal dilemmas

This is the third of our series of Starting Point Papers, which has been co-authored with TPP Law Limited.

TPP Law is a specialist law firm which has paved the way in developing mutual structures in the public sector. They work with local authorities, NHS bodies, charities, mutuals, social enterprises and employee spin-out teams emerging as service providers to create innovative structures for the commissioning and delivery of local government, health, social care and education services.

This publication aims to provide technical guidance on three key elements to consider in the process of transitioning out of a public sector body to become an independent public service provider (i.e. spinning out):

a) Choosing a fit for purpose business model and a suitable legal form (including issues of ownership and governance)

b) The transfer process (covering crucial workforce and estate issues)

c) Understanding procurement and securing contracts

While every case is different and bespoke support will be needed, we believe it is important to share existing knowledge and learn from those who have already spun out their services and managed to consolidate a viable social business. This is the rationale behind this document and as such, it remains open to collaboration.

Note: This is a revised, further developed version of the draft paper circulated and discussed at our second spin out camp event, which took place in Hull on the 24th May. You can download a PDF of the draft paper here. You can also read the event press release here.

Invitation to contribute to this paper.

You can also contribute to this paper by leaving your thoughts, comments and spin-out experiences in the box below: