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JOIN AN EXCITING LEGAL SERVICE: Brent is recruiting: Contracts Lawyer (to £48,492) and Childcare Lawyer (to £48,492). See also: Social Care and Redaction Lawyer (to £48,492). Closing: 23:00, 21 July. Also recruiting: RARE OPPORTUNITY: Cambridgeshire and Peterborough Combined Authority is hiring: Legal Counsel and Monitoring Officer (to £84,000) and Lawyer x2 - 1 to act as Deputy Monitoring Officer (to £70,514 + 10% for Deputy MO role).

Local Government Association issues guide for councillors on protection against intimidation
Local Government Association and its Welsh courterpart have – with assistance of law firm Winckworth Sherwood – published guide for local councillors on how to manage and protect themselves against increasing incidents of intimidation

 
Council to conduct unmet demand survey after court overturns refusal of 13 taxi licences
Borough council to carry out unmet demand survey after Crown Court overturned local authority’s decision to refuse 13 hackney carriage licences
Government to remedy unlawful difference in treatment across range of public sector pension schemes
Government accepts that difference in treatment arising out of 'transition protection' that Court of Appeal identified as unlawful age discrimination will need to be remedied across pension schemes for NHS, civil service, local government, teachers, police, armed forces, judiciary and fire and rescue workers
Council obtains temporary injunction to protect 158 sites in borough from illegal encampments
Reigate & Banstead secures temporary High Court injunction to prevent illegal encampments on 158 sites; will seek final order in November
Information Commissioner consults on updated code of practice for data sharing
Watchdog says updated code of practice will address many aspects of new legislation including transparency, lawful bases for processing, new accountability principle and requirement to record processing activities; will also provide good practice for public authorities to help them share data in compliant and proportionate way
Ombudsman investigation sees council pay £22k to mother of autistic man who missed most of his secondary education
Payment follows investigation by Local Government and Social Care Ombudsman and is intended to reflect impact lack of support had on man
Social workers express concern at possible breaches of confidentiality in reporting of family courts
British Association of Social Workers welcomes clarification provided by President of Family Division’s guidance on reporting in family courts, but says it remains concerned about potential for children to have their confidentiality breached; BASW also mindful of need and right to privacy of others, including birth parents, siblings foster carers, extended friends and family and professionals
London Boroughs Legal Alliance fires gun on re-procurement of £55m barristers framework agreement
LBLA starts re-procurement of its barristers framework, which is worth estimated £55m over four years - almost double the existing agreement

MUST-READ: Section 73 TCPA: a guide
Richard Kimblin QC provides a short practical guide to section 73 of the Town and Country Planning Act in the light of a recent Supreme Court ruling involving Lambeth Council.

 
BOOK NOW: Anti-social Behaviour Seminar: Legal Powers and Best Practice - Frontline Resolution - 24 September. Including speakers from 4-5 Gray's Inn Square and Blake Morgan.

DON'T MISS OUT:  The closing dates for a number of great roles are imminent: LOOKING FOR A TRAINING CONTRACT? Leicestershire (closing: 21 July), Guildford and Warwickshire are hiring.

Supreme Court to hear key case on village greens and land held by public authorities
Supreme Court this week hears village green registration case that is said to have potential “to radically affect the status of publically accessible land held by public authorities pursuant to statutory powers”
Ombudsman tells councils to be clear on purpose of visits to home-schooled children
Even after information was found to be wrong, attendance officers maintained their approach of demanding mother enrol her son at local school or face legal proceedings
London law centre becomes latest to shut its doors over funding shortfall
Lambeth Law Centre closes with immediate effect with its trustees blaming “an impossible financial position”; Public Interest Law Centre, which has been hosed by law centre since its inception as law unit in September 2016, looking to finalise move to new  host organisation
1GC Family Law strengthens children law and Court of Protection teams with double hire
Family law set bolsters its children law practice with arrival of two specialist practitioners, Elpha LeCointe and Susan George
MUST-READ: Capacity and sexual relations - trying to make it personal
Alex Ruck Keene analyses the latest Court of Protection ruling on capacity and sexual relations.
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The Sheriffs OfficeHigh Court enforcement for local authorities
High Court enforcement services can be useful for local authorities in several circumstances. The Sheriff's Office outlines the main occasions when councils may need to use enforcement services and the procedures they will need to follow when they do (sponsored editorial).

West Midlands Combined Authority to redefine 'affordable housing'
WMCA says it wants to redefine ‘affordable’ housing as average house price in region is seven times higher than average annual salary
Chancery Lane issues 2019 edition of Law Society Conveyancing Protocol
2019 edition of Law Society Conveyancing Protocol has been published, with details on best practice in residential conveyancing transactions of freehold and leasehold property
Southwark Council becomes latest London borough to back introduction of late night levy
Introduction of late night levy across whole borough from 1 September 2019, in force from 00:01 to 06:00
Shoosmiths advises district council on £7m+ business park unit acquisition
Real estate team at law firm advises South Somerset on its purchase of Unit D1, Christchurch Business Park for more than £7m
See all of our most recent news stories
Boost your career: Firm foundations
Are you intrigued about working in local government but hesitant to take the plunge? Real estate lawyer Matthew Dineen explains how he overcame his initial doubts and never looked back.

DPS - Practice management software for local government including ABSs
CALLING ALL PLANNING LAWYERS: Greenwich: Senior Planning Lawyer (to £47,511). Find out more about this and other superb roles - SIGN UP TO RECEIVE JOB ALERTS: PRIVATE PRACTICE: Sharpe Pritchard: Senior Associate - Planning, Data and IT Solicitor Part-Time, Legal Executive - Compulsory Purchase Orders and Legal Internship (12-month fixed term).

TOP LOCUM ROLES: Senior Planning Lawyer (London), Licensing & Litigation Lawyer (West Midlands) and Adults Social Care Lawyer (Wales).

EU body to withdraw appeal over impact of Brexit on lease after reaching deal with Canary Wharf
European Medicines Agency reaches agreement with Canary Wharf over its premises at 30 Churchill Place, London, and will withdraw its appeal against High Court ruling that Brexit would not frustrate lease of property
Government to impose legal duty on public bodies to tackle serious violence
New ‘public health duty’ will cover the police, local councils, local health bodies such as NHS Trusts, education representatives and youth offending services
Law Centres Network secures £500k in National Lottery funding to boost digital capabilities
LCN awarded £494,000 in National Lottery funding over period of four years to transform its digital capabilities; award comes against backdrop of sharp decline in number of centres
Glaister-Young arrival boosts 42 Bedford Row Family Team
Family Team at 42 Bedford Row has been bolstered by hire of Shelly Glaister-Young, an experienced practitioner in public law children cases
The Great Bundle Takeaway Debacle
On 4 April 2019 new rules came into effect for the removal of court bundles in what’s now earned the name of “The Great Bundle Takeaway Debacle.” The debate itself is notable for how little of it is focused on a digital solution...(Sponsored editorial)

London Boroughs Legal Alliance fires gun on re-procurement of £55m barristers framework
1GC Family Law strengthens children law and CoP teams with double hire
Glaister-Young arrival boosts 42 Bedford Row Family Team
Shoosmiths advises district council on £7m+ business park unit acquisition
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FEATURED BOOKS: The Law of Compulsory Purchase (Third Edition). An indispensible text.

LOCUM ROLES: Contracts & Procurement Lawyer (East Anglia), Childcare Solicitor (Wales), Litigation Solicitor (East Midlands), Adult Care Lawyer (North East), Planning Lawyer (East Anglia), Contentious Litigation Lawyer (East Midlands), Court of Protection Paralegal (North West) and Information Governance Paralegal (West Midlands).

Transfer agreements and overage payments
A local authority recently succeeded in a summary judgment application in relation to overage payments due under a transfer agreement. Lina Mattsson explains how.




 
Court refuses to keep Circle in suspense
The High Court recently lifted the automatic suspension of the award of a contract for medical services in Nottingham. Jenny Beresford-Jones looks at the lessons to be learned from the case.
PSPO challenges and legal aid
Human rights organisation Liberty has failed to secure legal aid for a challenge to a public spaces protection order. Kuljit Bhogal explains why.
Regular voluntary overtime and holiday pay
The Court of Appeal has confirmed that voluntary overtime should be included in the first four weeks holiday pay so long as such payments are sufficiently regular and settled enough to amount to "normal" pay, write Joanne Bell and Nick Chronias.
Possession proceedings and the public sector equality duty
Annette Cafferkey looks at the lessons to be learned from a High Court ruling in a case where a tenant claimed that a housing association had failed to comply with the public sector equality duty when pursuing possession. (From our latest housing law newsletter)
Housing allocation, religion and unlawful discrimination
Christopher Baker and Rea Murray report on a landmark victory in the Court of Appeal for an Orthodox Jewish, charitable housing association, successfully defending its housing allocation policy against an allegation of unlawful discrimination. (From our latest housing law newsletter)

Catch up on recent articles on Local Government Lawyer and Public Law Today:
Appointing personal welfare deputies
David Rees QC analyses an important Court of Protection decision on the appointment of personal welfare deputies.
Sex, social media and 'silos'
The Court of Appeal has handed down an important ruling on capacity to make decisions on using social media, on consent to sexual relations, and where to reside. The Court of Protection team at 39 Essex Street report on the judgment.
Liberty Protection Safeguards – a new frontier or further difficulties
The Mental Capacity (Amendment) Act 2019 received Royal Assent earlier this month. Matthew Angus and Amanda Mead examine its key provisions and how they will affect local authorities, health bodies and other organisations.
The High Court’s inherent jurisdiction for the protection of vulnerable adults
A recent ruling highlights the wide and largely unfettered nature of the power to grant injunctive relief under the High Court’s inherent jurisdiction for the protection of vulnerable adults and the difficulty surrounding the issue of how the balance should be struck between protection of a person on grounds of vulnerability and respect for their autonomy, writes Bethan Harris for LexisPSL Local Government.
Firm foundations
Are you intrigued about working in local government but hesitant to take the plunge? Real estate lawyer Matthew Dineen explains how he overcame his initial doubts and never looked back.
Home truths
What is it like to work as an in-house solicitor for a registered provider for social housing or housing association? Radian’s Scott Greenwood sets out the attraction and advantages, how the sector differs from private practice and how the transition can be made by those who may be considering a move.
NAI: who should be in the pool of perpetrators?
Tom Harrill considers a recent Court of Appeal ruling on who should be included in a pool of perpetrators.
Special guardianship - interim guidance
Elisabeth Richards considers the recent interim guidance from the Family Justice Council on the management of special guardianship orders.
Impasse! Where the court and the local authority disagree on the care plan
The Court of Appeal has recently revisited the problem of where the court and the local authority disagree on the care plan. Rebecca Cross examines the judgments.
Home or away?
Katherine Illsley outlines how a local authority should approach the situation where a parent to be assessed for the purposes of public children care lives in another jurisdiction.
 
How should the courts approach cases with an ‘open’ pool of possible perpetrators?
Chris Stevenson, examines the Court of Appeal’s decision in Re B (children: uncertain perpetrator) to allow a father’s appeal against a Family Court judge’s finding that he was within a pool of possible perpetrators responsible for sexually transmitting gonorrhoea to three of his children (registration required).
Deprivation of liberty - the limits of the inherent jurisdiction
A High Court judge recently rejected the use of the court’s inherent jurisdiction to protect 17-year-old gang member. The Court of Protection team at 39 Essex Chambers explain why.
Safeguarding partners: are you ready for 29 June 2019
Judith Barnes issues a reminder to safeguarding partners that they need to have their new arrangements in place before the end of this month.
All is fair in love and war
Is there a duty to inform the opposing party of its mistakes? Camilla Draycott looks at the lessons to be learned from a Court of Appeal ruling.
Digital litigation and the public sector
Digital litigation will create new opportunities for the public sector, but there will be challenges along the way. Jenny Dickson examines recent developmetns in Scotland and their wider implications.
Applying for without notice injunctions
Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans.
Assumption of responsibility – the new battle ground for social care cases
The Supreme Court decision in Poole Borough Council v GN & another addresses key legal principles in relation to when a local authority will owe a duty of care in negligence to children in its areas who are known or suspected to be suffering or at risk of harm. James Arrowsmith and Sarah Erwin-Jones seek to clarify the judgment and anticipate what it means for local authorities and other public bodies.
Education tribunals and costs
Does your risk management extend to costs which can be ordered by Education Tribunals? John Roberts considers the issues for education authorities.
Handling school admissions appeals
Are you ready for any admission appeals that come your way? Dai Durbridge shares his top tips on how to prepare.
EOTAS: an update
Thomas Amraoui analyses a recent Upper Tribunal ruling on how EOTAS (‘Education Otherwise Than At School’) operates under the Children and Families Act 2014.
Unfair dismissal and re-engagement
A Court of Appeal ruling means a re-engagement order does not give an unfairly dismissed employee an actual right to be re-engaged, writes Clive Sheldon QC.
Service models: the hazards of TUPE law
At a time when public sector employers are closely examining whether they have the right service models, Philip Woolham looks at the challenges of managing TUPE law.
No discrimination in shared parental leave appeals
The Court of Appeal ruled this week in the eagerly awaited appeals by men on shared parental leave who were paid less than women on maternity leave. Andrew Burns QC considers the lessons from the ruling.
Community governance reviews and abolition of local councils
Two parish councils recently succeeded in a legal challenge to their proposed abolition. Chris Brown explains how one of the parishes did it and considers the lessons for public authorities arising from the case.
Court rejects implied duty to report change of address for council tax purposes
Samuel Genen, solicitor at Steel & Shamash, comments for LexisPSL on a Court of Appeal ruling that a failure to notify the local council of a change of address for the purpose of council tax did not constitute a criminal offence under the Fraud Act 2006. (Registration required)
NHS Trusts and apologies
The Care Quality Commission has fined a NHS Trust for failing to apologise. Jake Richards considers the lessons from the case.
Housing allocation, religion and unlawful discrimination
Christopher Baker and Rea Murray report on a landmark victory in the Court of Appeal for an Orthodox Jewish, charitable housing association, successfully defending its housing allocation policy against an allegation of unlawful discrimination.
Social housing: changes to intervention and enforcement
The Regulator of Social Housing is running a consultation on changes to its guidance on intervention, enforcement and use of powers. Sarah Greenhalgh analyses the proposals. .
Tenant consultation and housing regeneration
Karl Edwards examines some of the issues local authorities face when consulting tenants as part of a regeneration scheme.
Housing case law: June 2019
Daniel Skinner, Victoria Smith and Claire Hogan-Clark run the rule over the latest court rulings as well as two reports from the Local Government and Social Care Ombudsman. (This article first appeared in our housing law newsletter)
Non-housing benefits, shortfalls and affordability
Mathew McDermott looks at a Supreme Court judgment dealing with the approach to affordability under Part VII Housing Act 1996.
GDPR: one year on
What have we learned from the 12 months that the General Data Protection Regulation has been in force? Ibrahim Hasan reports.
GDPR and enforcement notices
Ibrahim Hasan examines the lessons to be learned from the first two GDPR enforcement notices.
Court finds judge in Uber licensing case was not biased
Philip Kolvin QC examines for LexisPSL the High Court’s decision in R (United Cabbies Group) v Westminster Magistrates’ Court to dismiss the claimant’s application for judicial review of a district judge’s grant of an operator’s licence for London private hire vehicles to the third interested party, Uber.
Judicial review proceedings and local authority costs
Following a recent High Court ruling, Butta Singh considers licensing policy, campaigners and the importance of local authorities being able to secure their costs in judicial review proceedings.
Selling local authority legal services
Tiffany Cloynes and Clare Hardy examine how local authorities can go about generating additional income by selling their legal services.
Solar panels and planning permissions
Climate change policy and legislation meant a council could not ignore the effect of a new development on existing solar panels. Robin Green explains a recent High Court ruling.
The consistency principle and quashed decisions
Does the consistency principle apply to a previously quashed decision? Andrew Parkinson considers a recent High Court ruling.
Caution for new, noise- sensitive developments
Recent case law highlights how the agent of change principle, in the revised National Planning Policy Framework, may be applied in challenging planning decisions. Gary Soloman outlines the key points from the cases.
Chickens**t EIA
The Court of Appeal recently quashed the grant of planning permission for a poultry-rearing facility on the basis of an incomplete and unlawful Environmental Impact Assessment. Simon Ricketts looks at the lessons from the judgment.
Appropriate assessment and People over Wind
A High Court judge has handed down an important ruling on use of discretion, the appropriate assessment regime and risk taking in s.106 obligations. Mark Lowe QC and Robin Green analyse the judgment.
Excluding tenderers
The Court of Justice has considered discretionary grounds for the exclusion of tenderers. Tim Care and Melanie Pears examine the judgment in a row over a school catering procurement.
Abandoned procurements and legal challenges
A recent judgment dealt in detail with the implications of abandonment of a procurement and the effect of an abandonment decision on an existing claim. Deborah Ramshaw reports.
How to evaluate social value in public procurement
The concept of social value in public procurement is well known. However, despite its introduction in 2012, there is relatively little practical guidance on how to apply social value in procurement procedures.
Stephanie Rickard looks at recent government guidance on how social value should be taken into account in the award of contracts.
 
Bidders and conflicts of interest
The General Court of the European Courts of Justice has recently considered conflicts of interest at bidder level. Stephanie Rickard summarises the key points of the case.
Setting local authority companies up for success
Rob Hann provides some practical tips for local authorities setting up local authority companies.
New guidance on outsourcing and contracting with the private sector
The Outsourcing Playbook provides guidance on outsourcing and contracting with the private sector. Nat Avdiu looks at the different policies, and how they can be a useful tool for both central and local government professionals.
Redevelopments and rating
The Upper Tribunal has clarified the law on rating of buildings undergoing redevelopment. Dan Kolinsky QC and Luke Wilcox analyse the ruling.
Costs and Telecommunications Code disputes
Matthew Lake looks at the implications for property owners of a significant Upper Tribunal costs ruling following a Telecommunications Code dispute.
Is the only way up?
Airspace development is a growing phenomenon as a practical solution to meeting the growing demand for new and affordable homes. Paul Olliff examines the key issues.
The changing landscape of local authority Trading Standards prosecutions?
Richard Heller considers for LexisPSL Local Government the potential impact the case of Qualter and others v Crown Court at Preston [2019] could have on the way regional Trading Standards services investigate and prosecute criminal offences. (registration required)
The definition of "commercial practice"
A recent Divisional Court ruling on unfair commercial practices will be of significant interest to trading standards teams across the country, writes Tony Watkin.
Highways maintainable at public expense
If a highway authority built a highway, it is highway maintainable at public expense. Matthew White reports on a significant High Court ruling for local authorities.
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Barnsley Metropolitan Borough Council
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Senior Legal Officer - Commercial

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Warwickshire County Council
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Legal Counsel and Monitoring Officer
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Team Lawyer - People
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Senior Solicitor - Social Housing
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Principal Legal Assistant
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Solicitor/Barrister - Litigation
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Senior Lawyer and Deputy Monitoring Officer
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Solicitor/Lawyer
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Reigate and Banstead Council
Property & Planning Lawyer
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Lawyer – Children’s Social Care & Safeguarding
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Sefton Council
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Senior Lawyer - Property and Planning
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Milton Keynes Council
Principal Lawyer - Housing and Property
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Leicester City Council
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