Academy wins action against council over education, health and care plan
CALLING ALL CHILDCARE LAWYERS: We have some superb opportunities so apply today:
- City of York: Interim Assistant Director - Legal & Governance (competitive salary).
- Hampshire: Principal Solicitor - Commercial, Contracts & Procurement (to £61,259) and Senior Legal Adviser - Commercial, Contracts & Procurement (to £44,631).
- Waltham Forest: Trainee Solicitor (£25,746).
- LGSS Law: Head of Adult Social Care and Litigation (£41,000 to £70,000; 6-month FTC) and Childcare Paralegal (to £27,358).
- Bournemouth: Legal Support Officer (to £19,819; maternity cover).
- Maldon: Senior Specialist - Legal (to £43,499).
- HB Public Law: Assistant Team Leader - Planning & Regeneration (to £59,937 + allowance of up to £7,500), Contacts, Procurement & Information Law Lawyer/Senior Lawyer (to £51,111), Planning & Regeneration Lawyer (to £51,111) and Property Lawyer/Senior Lawyer (to £51,111).
Academy trust, which cannot be named, successfully challenges council in High Court over whether it should have been required to take boy with learning and behavioural problems
Council and Jewish housing association defeat challenge over allocations
Case concerning lawfulness of housing association letting homes on basis of religion could go to Court of Appeal after Hackney-based Agudas Israel Housing Association won Divisional Court case
Resident wins Court of Appeal battle over suitability of accommodation
London borough fails to properly assess whether accommodation was suitable for resident with disabilities, Court of Appeal rules
Claimants win battle over decision by council that mother was not destitute
High Court quashes decision by London borough that mother of two children - who was also full-time carer for her niece and had no recourse to public funds - was not destitute
Council to hold independent review after information given to ex-partner
Borough council commissions independent review of procedures after being told by Ombudsman to apologise to woman for wrongly giving information about her family to her ex-partner
Council updates member and officer relations protocol amid social media concerns
District council to update its member and officer relations protocol for first time in 18 years in part to take account of potential attacks on officers on social media
Council did not do enough to protect young child from harm: Ombudsman
Young child was left with life-long injuries after council missed opportunities to protect him from his mother’s violent partner, Local Government and Social Care Ombudsman investigation finds; local authority also disregarded court order
MUST-READ: The High Court on the Uber app and plying for hire
The High Court has held that use of the Uber app does not amount to plying for hire. Philip Kolvin QC
explains why a council's appeal was rejected.
The legal world’s “perfect” solution to paper-based working that is anything but!
In the legal world PDFs are often seen as the ideal replacement for paper-based systems. But as many have discovered digital workflows underpinned by PDFs come with their own set of challenges....(Sponsored editorial)
MORE NEW JOBS THIS WEEK:
- Birmingham: Solicitor - Property, Planning and Regeneration (to £41,846; closing: 8 February), Solicitor - Privacy and Information Law (to £41,846; closing: 13 February) and Principal Legal Assistant - Housing & Community Safety (to £33,136; closing: 13 February).
- Legal Services Lincolnshire: Legal Officer - Childcare. Closing: 11 February. See also: Principal Legal Officer - Information Law.
- Scarborough: Governance Lawyer (to £43,158). Closing: noon, 15 February.
- Telford & Wrekin: Regulatory Solicitor (to £40,858). Closing: 15 February.
- LGSS Law: Multiple roles from paralegal to principal lawyer across Planning & HIghways, Property, Children's Social Care, Adult Health and Social Care and Civil Litigation. Closing date for some roles: 15 February.
- North Hertfordshire: Contracts & Property Lawyer and Litigation & Planning Enforcement Lawyer (both to £46,944).
- Leicestershire: Commercial Solicitor (to £44,082).
- Gloucestershire: Various opportunities – child protection, adult social care, education, highways and general litigation (to £38,052 + welcome payment of up to £3,000).
Seven councils in legal action against major bank over LOBO loans
Group of local authorities take legal action against Barclays Bank over claims that they were mis-sold loans worth more than £500m
Brokenshire issues directions to two councils over Local Plan failure
Secretary of State for Housing, Communities and Local Government issues directions to two local authorities on preparations for their Local Plans
Pub operator faces £51k fine over advertisement on side of building
Operator of pub in Gateshead ordered to pay more than £51,000 after ignoring demands to remove illegal advertisement on his building and being taken back to court
Javid unveils legislative changes to tackle unauthorised encampments
Home Secretary announces series of legislative amendments aimed at improving effectiveness of enforcement against unauthorised traveller encampments
Welsh watchdogs to procure suppliers of external legal advice
Wales Audit Office and Auditor General for Wales are to appoint two suppliers to provide external legal advice on range of topics and issues relevant to their statutory functions (on Public Law Today
MUST-READ: MCA breaches: paying the price?
, Paul McGough
and Sarah Woods
look at the lessons to be learned from a High Court case where breaches of the Mental Capacity Act led to the award of more than £20,000 in damages.
CALLING ALL PLANNING SPECIALISTS: No 5 Chambers
is holding its Annual Planning Seminar
on 25 March - book your spot now.
Judge in England to determine application for child placed for adoption in Scotland
Family Court judge concludes that adoption application in respect of child placed for adoption in Scotland with Scottish adopters can be determined in England
Ministry to pilot expansion of legal aid for early advice in social welfare law
Government to pilot expansion of legal aid to cover early legal advice “in specific area of social welfare law”, MoJ announces; means test for those with parental responsibility to oppose placement or adoption orders in family law proceedings will meanwhile be removed and legal aid made available for these proceedings; MoJ also to spend £3m on support for litigants in person
Anti-fracking campaigner loses challenge over refusal by inspector to adjourn
Campaigner against fracking fails in High Court claim that planning inspector’s refusal to adjourn inquiry was breach of rules of natural justice
Bevan Brittan hires partner to head information law team
Law firm hires NHS Trust head of legal as partner to lead its specialist information law team (on Public Law Today
See all of our most recent news stories
Spending watchdog criticises government over “underperforming” planning system
Planning system is underperforming and cannot demonstrate that it is meeting housing demand effectively, National Audit Office warns
Ministry sets up chief executive network to aid Brexit preparations
Ministry of Housing, Communities and Local Government sets up network of nine local authority chief executives across England as part of preparations for UK leaving EU
Children's Commissioner calls for compulsory home education register
Anne Longfield calls for compulsory home education register and strong measures to tackle ‘off-rolling’
CPS secures first conviction for FGM
Mother of three-year-old girl becomes first person in England and Wales to be convicted of FGM offences since practice was criminalised in UK in 1985
System for consumer protection “on verge of collapse”, claims Which?
Current structure for consumer enforcement is far too reliant on “increasingly overstretched” local authority Trading Standards Services and is “on the verge of collapse”, report from consumer rights group claims
Welsh watchdogs to procure suppliers of external legal advice
Scottish councils to procure £4m+ legal services framework
Bevan Brittan hires partner to head information law team
Planning barrister boosts Hardwicke property team
This week's analysis
What to do about poor air quality?
The Court of Appeal recently decided that the Communities Secretary was not obliged to call in a planning application for a development that might affect air quality. Simon Ricketts
analyses the ruling.
State aid and regeneration projects
identifies some solutions to the key issues around state aid and local authority regeneration projects.
PDRs and telephone kiosks
The High Court has clarified the extent of permitted development rights for telephone boxes. Saira Kabir Sheikh QC
and Mark Westmoreland-Smith
explain the significance of the ruling.
The scope of litigation privilege and ‘purely commercial discussions’
‘Purely commercial discussions’ within an organisation regarding settlement of a dispute prior to litigation are not protected by litigation privilege, the Court of Appeal has clarified. Nicola Hollick c
onsiders the implications.
What's next for UK projects?
, Nicola Sumner
and Roseanne Serrelli
look at the ramifications of the Chancellor’s decision to bring an end to PFI and PF2.
Finding a national housing policy – Shelter from the storm?
considers the key findings of the Shelter Commission's report on social housing and examines two key policy areas that need addressing.
READ THE LATEST EDITION OF INSIGHT:
This issue, which can be viewed here
- The challenges to local authorities posed by the shortage of mid-level lawyers, and the strategies teams can adopt in response.
- An interview with Suki Binjal, President of Lawyers in Local Government , on her varied career at public sector organisations across the country and how LLG has evolved.
- How local government lawyers can make the most of management roles.
- Hilary Irving on the reasons why the first ABS in the North of England, First North Law, was set up.
The first area under the spotlight in this issue is Child Protection
. Julien Foster
looks at the pitfalls in public law proceedings and how local authorities can avoid them, while Graham Cole
calls for action as more and more child care lawyers suffer from stress, anxiety and burnout.
We also look at current issues around Place
, including analysis by Cornerstone Barristers’ Matt Hutchings QC
of the role of local authorities in housing supply, and Chris Plumley
of Trowers & Hamlins on what can be done to unlock stalled development sites.
Click here to access Insight. Also available to download as a pdf
Catch up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Restricting contact without court authority
Careers: A chance to make a difference
The Court of Protection team at 39 Essex Chambers
report on a recent judgment that reinforces yet again how thin the legal ice is where public authorities take steps to restrict contact without seeking the authority of the court.
Adult Social Services: Risk tolerance in practice
A recent judgment of Senior Judge Hilder does not lay down any new principles of law but is an interesting example of the decision on the facts balancing toleration of risks against P’s wishes and feelings, writes the Court of Protection team at 39 Essex Chambers.
Hesitant about taking on management responsibilities? V. Charles Ward
explains how it gave a real boost to his career, and gives some pointers for those taking their first steps. (on Public Law Today
Children: Local authorities and s.38(6) assessments
The Court of Appeal has issued a timely reminder in a case where a judge had ordered a local authority to fund a s.38(6) assessment, writes Rebecca Cross
. (on Public Law Today
Children: s20: Some welcome guidance from the Supreme Court
analyses the Supreme Court’s guidance on s20 of the Children Act provided by its decision in Williams v London Borough of Hackney. (on Public Law Today
Children: Taking the strain?
Local authority child care lawyers are being overwhelmed by the rise in care proceedings and a crisis could be looming. Graham Cole
calls for more to be done on staff well-being. (on Public Law Today
Community Safety: Gang injunctions, human rights and standards of proof
Dispute Resolution: Not so taxing after all
The Court of Appeal recently rejected a legal challenge brought on human rights grounds over a gang injunction obtained by Birmingham City Council. Jonathan Manning and Ayesha Omar explain why.
The Court of Appeal has held that additional hours provided by a university by way of reasonable adjustments for disabled students should be included in consideration of exemption from Council Tax. Catherine Meenan
analyses the judgment.
Dispute Resolution: Recent developments with Part 36
Part 36 is the provision that keeps on giving - or taking away…, writes John Appleyard
Education: SEN update
There have been a number of important decisions regarding children with Special Educational Needs (SEN) likely to be of interest to schools and colleges. Erin Smart
provides a helpful summary.
Education: Ofsted and its complaints procedure
Ofsted has successfully appealed a ruling that its complaints procedure was unfair for some schools. Katie Michelon
looks at the lessons to be learned.
Education: Home schooling in England and Wales
Legal changes are afoot in relation to home schooling. Dr David Sykes
and Dr Samantha Davey
look at the issues for local authorities and analyse what is in store.
Employment: Good Work Plan – some legal changes confirmed
The Government has now published the draft legislation which will bring some of the commitments made in the Good Work Plan into force. Phil Allen
explains the key points.
Employment: Good Work Plan - changing employment law
The Good Work Plan moves us a step closer to the implementation of the reforms recommended in last year's Taylor Review. Phil Allen
explains what is involved.
Employment: Serious misconduct: undertaking an effective conduct investigation
provides some top tips for an effective conduct investigation concerning serious misconduct.
Governance: Not just back to the future
analyses the key findings in the Committee on Standards in Public Life’s report on local government ethical standards.
Governance: Practical tips for local government re-organisation
Local government re-organisation and the transition from two tiers of local government in to a single tier unitary authority is a big undertaking, which necessitates looking at numerous practical considerations. Karl Edwards
looks at some of the practical considerations to consider when looking at moving to a unitary model.
Governance: Through the looking glass
Rosalee Dorfman Mohajer
looks at the implications of the Cliff Richard judgment against the BBC and South Yorkshire Police for local authorities when they share information with the press. (on Public Law Today
Health: The NHS Long Term Plan - Procurement and Competition
The NHS Long Term Plan raises some interesting issues for anyone involved in procurement and bidding in the health sector, writes Mary Mundy
Health: The NHS Long Term Plan
The NHS Long Term Plan has now been published following several days of snippets being fed to the media on the benefits which the Plan will seek to introduce. Gerard Hanratty
gives a legal overview.
Health: The inherent jurisdiction, deprivation of liberty and conditional discharges
analyses a case that considered whether the High Court’s inherent jurisdiction can be used to authorise a deprivation of liberty of a patient with capacity who is subject to a conditional discharge under the Mental Health Act 1983.
Health: Community treatment orders, conditions and deprivations of liberty
Do responsible clinicians have the power to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty? The Court of Protection team at 39 Essex Chambers
analyse a Supreme Court ruling.
Housing: Damages and Article 8
The High Court has dismissed a claim for damages in respect of accommodation provided under section 17, Children Act 1989 which was alleged to be in breach of Article 8. Clare Cullen
Housing: The PSED and possession
When it comes to the public sector equality duty in possession proceedings, context is everything, write Andrew Lane
and Ruchi Parekh
Housing: HMOs and self-contained flats
reports on a case where a landlord was prosecuted by the London Borough of Camden under section 72 of the Housing Act 2004, alleging that the property was a house in multiple occupation, requiring to be licensed under part 2 of the Act but which was not so licensed.
Housing: The role of local authorities in housing supply
Matt Hutchings QC
considers how local authorities can boost housing in their areas through their roles as house builders, planning authorities and through the use of local housing companies. (on Public Law Today
Information Law: Making GDPR British
New regulations set out the UK’s post Brexit data protection landscape. Ibrahim Hasan
sets out the key points.
Information Law: Revised s.45 Code of Practice under FOI
highlights the key points from the new version of the s.45 FOIA Code of Practice.
Licensing: Cross-border hiring
Philip Kolvin QC
examines Uber’s successful appeal against Brighton and Hove City Council's refusal of a licence.
Licensing: Limited life licences: the verdict
Philip Kolvin QC
reports on the outcome of a case where a licensing sub-committee decided to grant a licence for a shorter period than the applicant had requested.
Management: Striking out in a new direction: Setting up an ABS
What does it take to set up a legal services alternative business structure? Hilary Irving
of North Yorkshire County Council outlines the risks and rewards. (on Public Law Today
Management: Local authorities: getting started with legal apprenticeships
One of the great privileges of working with councils to deliver apprenticeships is observing the different approaches legal departments take to deploying and developing apprentice staff, writes Noel Inge
Planning: Viability: speed of delivery matters
examines a planning inspector's decision on the weight to be given to the Draft London Plan and whether a late stage review was justified.
Planning: Self-builds, CIL and commencement notices
A council has won a High Court ruling over whether a self-builder was liable to pay the Community Infrastructure Levy. Hashi Mohamed
Planning: A cautionary tale concerning the use of POCA in planning
discusses the growing trend in the use of the Proceeds of Crime Act 2002 by local planning authorities to obtain confiscation orders against those committing planning offences and examines a recent case that serves as a reminder that POCA should not override or unduly influence other planning decisions.
Planning: Noises off
The noise effects from adjacent industrial premises have lead the High Court to quash a residential planning permission. Jenny Wigley
Procurement & Contracts: What does a 'deal' or 'no deal' mean for you?
and Juli Lau
consider the practical steps contracting authorities should consider taking in preparation for Brexit, 'deal' or 'no-deal'.
Procurement & Contracts: Contractor woes and living wills
Are ‘Living Wills’ the answer to contractor financial instability? Juli Lau
and Allan Owen
consider the benefits.
Procurement & Contracts: Urgent procurements for Brexit – ferry contracts in the spotlight
considers the procurement issues raised by the Government’s award of ferry contracts ahead of a possible no-deal Brexit.
Projects: The importance of Place and revenue growth for local government
and David Hutton
outline how local authorities can - and must - utilise their Place-making roles to ensure their future financial viability. (on Public Law Today
Projects: Guarantors and awards of damages
The High Court has awarded damages against a guarantor over contracts to build solar plants. Justin Mendelle
, Juli Lau
and Alexandra Bellis
look at the lessons to be learned.
Projects: Local Heat Projects
, Steve Gummer
and Juli Lau
set out the key considerations when it comes to localised heating projects.
Property: Unlocking stalled development sites
Regulatory: A valuable alternative to prosecution: the Environment Agency and civil undertakings
explores some of the most common traps in relation to stalled development sites and suggests some effective solutions. (on Public Law Today
Property: A market snapshot
and Clive Pearce
look at the lessons to be learned from recent topical legal cases and other changes in the real estate market of relevance to local authorities. (on Public Law Today
Property: Compensation under the Asset of Community Value regime
More substantial claims are beginning to be made against authorities over the listing of assets of community value. Christopher Cant
analyses a recent tribunal ruling.
Civil sanctions in environmental law: what are they and why do they matter? Tim Green
and Gus Baker
Transport & Highways: Transferring interests in highways
The Supreme Court has handed down a ruling in a dispute between two London councils and Transport for London on the extent of the transfer of a 'highway'. David Elvin QC
explains the outcome.