Assuming that the client is indeed the householder, I believe that in these cases the duties under CDM 2015 are undertaken by the contractor.

Hi, Agree with the above advice as it is correct. I don't mean to be disrespectful but it may be worth asking your employer for additional training. As a H&S Manager for a council you will need to be aware of an abundance of legislation requirements with CDM Regulations being one of them which will crop up on a regular basis. None of us (who are honest) know everything but a grasp of basic CDM Regulation requirements is a must in your role. CITB (amongst others) offer various courses on CDM requirements.

I understand your concern Francis. LA's are concerned with matters of scrutiny and accountability and will attempt to build-in some elements of justification for the dispensing of public cash. The 3 quotes bit is I think readily justified in that context and a suitable form of words in the agreement for release of monies can explain that away as needed. "Agreeing to abide by a schedule of works" is a potentially dangerous game to play though - if that clause actually has any meaning or substance! Who produces the schedule? Who do you expect to be responsible for sticking to it? You (the LA) only have a contract of any sorts with the householder. Is that a reasonable expectation and is it a fair contract term? Probably not in my experience, and probably added in by some meaning Council Officer without any recourse to the legal or procurement departments. There are potential liability pitfalls in insisting that parties stick to this schedule - but I don't think they centre on CDM in any material way.

Thanks to all that responded I feel more confident now that the advice I gave to the council officers is correct but it's always good to check now and then - thanks again

I have dealt with this (it is common to councils) although under CDM07. Of course, the domestic client element has changed in 2015, but does that affect the council role? I will say that CDM training will not easily answer this. I was well trained, even better read, then still attended a specific HSE seminar to ask about this very scenario. As the response was "hmm - it's a grey area, not sure" and this was repeated later by another HSE 'CDM expert' - training will not resolve this situation. I also discussed with HSE the 'council more involved' variation - you say "obviously then have client duties" - I disagree it is that obvious, as the council still not the client! HSE could / would not contradict this position. The householder is the client. From a practical perspective, the contractor takes on all the domestic client duties by default, and of course would be the primary creator of risk, to themselves and to the client. I don't see this has change under CDM15, although the designer role could be more specific. "Any designer in charge of coordinating and managing a project is assumed to be the principal designer. However, if they do not have a written agreement with the domestic client to confirm they are taking on the client duties, those duties automatically pass to the principal contractor." HSE guidance from web site. If it all goes horribly wrong: the contractor will be first in the frame, and the designer (council) only if this is seen as an integral contributor to the failure scenario, what regulatory breach could be applied to the council beyond that? Get along to a HSE seminar and ask an expert. Not just what they think, but where it says (take CDM15 with you). Merely supplying funding is not enough to make you a client, otherwise mortgage providers would be 'clients' for any work on mortgaged property.