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JOIN A VIBRANT AND DIVERSE BOROUGH: Tower Hamlets has restructured its legal team to better align with the council’s functions. It is now hiring: Principal Lawyer - Property & Regeneration (to £65,709), Senior Lawyer - Safeguarding Children, Senior Lawyer - Contracts, Senior Lawyer - Enforcement, Senior Lawyer - Property & Regeneration (all Senior Lawyer roles to £49,203), Lawyer - Safeguarding Children, Lawyer - Property & Regeneration, Lawyer - Planning, Lawyer - Enforcement, Lawyer - Contracts and Lawyer - Litigation (all Lawyer roles to £41,465). For more great roles go to Public Law Jobs:


Court of Appeal hands down ruling on village greens and 'trigger events'
Judges reject appeal by local authority in key ruling on trigger events that suspend registration of village greens; ruling said to have potentially far-reaching implications

High Court refuses to extend ‘borough-wide’ injunction on camping on open spaces and car parks
High Court judge refuses application by Bromley Council to extend interim injunction prohibiting camping on 171 open spaces and car parks in borough; judgment will impact on other local authorities who have obtained, or are seeking, similar injunctions, argue legal team for London Gypsies and Travellers

Judge gives clinical commissioning group go-ahead to award elective surgery contract
Judge allows clinical commissioning groups to award £320m elective surgery contract to NHS trust, following legal challenge by Circle Health, but claim will still go ahead

Parents crowd fund legal challenge over impact of school attendance laws on vulnerable children
Two parent-led organisations raising funds for potential legal action over how current school attendance laws and policies impact on vulnerable children who struggle to attend school; challenge to examine whether Department for Education’s current absence codes and guidance discriminate against those with school attendance difficulties (and their parent carers who face prosecution for non-attendance)

Government announces new initiative to keep children out of care
The government is to spend £15m on a new scheme to prevent children being taken into care by strengthening the expert support available from social workers, addiction specialists and psychiatrists, the Children and Families Minister Nadhim Zahawi has announced
Judge refuses application by unsuccessful bidder for injunction over award of road improvement contract
High Court judge refuses application by unsuccessful bidder for interim injunction over London Borough of Haringey’s decision to award £630,000 road-improvement contract near new Spurs stadium to rival contractor

Children’s Commissioner urges councils to set out legal basis for deprivations of liberty of children in their area
Anne Longfield calls on local authorities to provide her with data on number of children deprived of liberty in their area at any one time, legal basis for that deprivation of liberty, and where those children are living

College in Kent is first to fall into educational administration
Hadlow College becomes first to collapse into educational administration - status introduced last year for colleges that become insolvent

London borough criticised for significant delays in completing Education Health and Care plans
Council criticised by Local Government and Social Care Ombudsman for lengthy delays in completing Education, Health and Care plans for two children with special educational needs

Equalities watchdog more than doubles the size of its £3m panel of counsel
Equality and Human Rights Commission offers to appoint 175 barristers to its list of preferred providers of external legal services, including representation and advice

MUST READ: 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 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)

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Council leader eyes use of PSPO to stop disturbances outside primary school
Birmingham City Council’s leader threatens to introduce Public Spaces Protection Order (PSPO) to stop disturbances outside primary school as protests and counter-demonstrations continue over teaching about lesbian, gay, bisexual and transgender matters

Council to make new Traffic Regulation Order after Ombudsman investigation into refusal of parking permits
Borough council agrees to make new Traffic Regulation Order after investigation by Local Government and Social Care Ombudsman found that residents in new-build properties in its town centre were unfairly refused parking permits

State aid complaint to Brussels sees stadium row rumble on
Complaint submitted by Coventry City Football Club’s owner to European Commission that city council’s sale of Ricoh Arena to Wasps Rugby Club breached state aid rules sees standoff over groundsharing
MoJ to seek views on future of Housing Possession Court Duty Schemes
Ministry of Justice launches three-week engagement period seeking views on Housing Possession Court Duty Schemes
Group of East Midlands authorities names six chambers for £8.8m child care law panel
Consortium of local authorities in East Midlands appoints six sets of barristers' chambers to framework for provision of advice and advocacy services in respect of child care legal matters

MUST-READ: Enforcing developer obligations through injunctive proceedings
Bringing injunctive proceedings to enforce developer obligations is a very handy, if underused, tool for local authorities, writes Michael Rudd.

SECURE A TRAINING CONTRACT: LGSS Law and Surrey are hiring.
DON'T MISS: Homelessness, Housing and Allocations Annual One Day Conference for Lawyers - 4-5 Gray's Inn Square - London - 10 June.
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Jo Cox Foundation brought in to help find cross-party approach to tackling intimidation in public life
Foundation to act as independent support in efforts to agree cross-party approach to tackling intimidation in public life, Committee on Standards in Public Life says

Ministry launches review of how family courts protect children in domestic abuse cases
Review will examine, amongst other things, courts’ application of Practice Direction 12J – this relates to child arrangement cases where domestic abuse is a factor – and ‘barring orders’

Social worker struck off for falsifying time sheets
South Gloucestershire Council social worker struck off by Health and Care Professions Tribunal Service for making bogus entries

CQC urges reviews of cases where people with learning disability or autism are segregated in hospital
Independent reviews should be carried out of every person who is being held in segregation in mental health wards for children and young people and wards for people with a learning disability or autism, Care Quality Commission says

Womble Bond Dickinson secures £250k+ contract to advise council on nuclear power
Copeland Borough Council appoints law firm to £257,700 contract to provide legal advice in relation to nuclear power, nuclear decommissioning, radioactive waste management and wider energy related issues

See all of our most recent news stories
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)

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High Court hears legal challenge to police use of automated facial recognition
High Court, sitting in Cardiff, this week hears first challenge to use of automated facial recognition by UK police

Charity launches judicial review challenge over policy for distributing medical research funding
Legal challenge launched over United Kingdom Research and Innovation’s policy on distributing medical research funding, amid claims mental health researchers will lose £1.5bn in funding
Director of Children’s Services at London borough takes chief executive role at Cafcass
Cafcass names Jacky Tiotto, Director of Children’s Services at London Borough of Bexley, as its new chief executive from Autumn 2019

Network Rail to hold market sounding exercise ahead of procuring claims handling and litigation service
Company issues market sounding briefing and questionnaire in advance of finalising proposal to procure claims handling and litigation service provider to work with its existing insurance team

MARKETPLACE: Kennedy Cater
Caselines and Kent Law School kick off digital evidence education project
Equalities watchdog more than doubles the size of its £3m panel of counsel
Womble Bond Dickinson secures £250k+ contract to advise council on nuclear power
Network Rail to hold market sounding exercise ahead of procuring claims handling and litigation service
Director of Children’s Services at London borough takes chief executive role at Cafcass


FEATURED BOOKS: The Law of Compulsory Purchase (Third Edition). Indispensable text for practitioners in the field of Compulsory Purchase and Compensation.

LOCUM ROLES: Housing and Litigation Lawyer (Yorkshire), Education Lawyer (London), Commercial Contracts and Procurement Lawyer (East of England), Child Protection Lawyer (West Midlands), Employment Solicitor (South Wales), Planning Lawyer (London), Property and Planning Lawyer (East Midlands), Property Lawyer (West Yorkshire) and Childcare Paralegal (Hertfordshire).

This week's analysis

Costs awards in Environmental Prosecution Act 1990 prosecutions
A High Court judge has given guidance on applications for costs in prosecutions under the Environmental Protection Act 1990. Sarah Salmon analyses a useful ruling for landlords.

Court of Appeal finds permissive housing policies can restrict development elsewhere
In Gladman Developments Ltd v Canterbury City Council [2019] EWCA Civ 669, the Court of Appeal dismissed an appeal by developer Gladman against the decision of the High Court to quash planning permission granted on appeal for a residential development on a site not allocated for development, not on previously developed land, and outside the existing built-up area.

Safety first?
Daljit Kaur looks at the implications for disability discrimination of a case concerning a nursery-age child prevented from accessing provision over 15 hours.

Conversations about religion with patients
The Court of Appeal has rejected a nurse’s appeal against dismissal for improper conversations about religion with patients. Alessandra Gettins, Emma Rowley and Bridget Prosser explain why.

Further reflections on Faraday
In the second in a two-part series, Trevor Watt looks at the Court of Appeal's approach in the Faraday case to VEAT notices and limitation periods.

Dealing with abuse claims in a care setting
Julia Jones considers the careful balance that local authorities need to strike in cases of alleged abuse in a care setting.


This issue, which can be viewed here, includes:
  • 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: Capacity, pre-nuptial agreements and knowledge of your own assets
A recent Court of Protection ruling addressed the questions of capacity to marry, enter into a prenuptial agreement and also disclosure of the extent of assets managed by a property and affairs deputy. Alex Ruck-Keene analyses the judgment.

Adult Social Services: A delicate line – litigation friends and P asserting litigation capacity
A Court of Protection judge recently heard an appeal against a ruling that a man lacked capacity to conduct proceedings. The CoP team at 39 Essex Chambers report on the outcome.

Adult Social Services: 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.

Careers: A chance to make a difference
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.

Children: Wish they weren't here?
Can a parent with parental responsibility object to their child, who is subject to an interim care order, being taken on holiday by their foster parents? This Q&A was written for LexisPSL Local Government.

Children: Children in care and immigration
Naomi De Silva examines the key considerations for local authorities when care cases involve immigration issues.

Children: Is it in the best interests of a child to give evidence in a foreign trial?
Katherine Duncan explains to LexisPSL how the court, in Re X, carried out a balancing exercise in determining whether a child (and ward of the court) should be permitted to travel out of the jurisdiction to give evidence at a foreign criminal trial.

Dispute Resolution: Avoiding adverse costs orders
How can local authorities avoid adverse costs orders in the First-tier Tribunal? Robin Stewart sets out the lessons from a case where a council failed to revoke an emergency prohibition order over a property.

Dispute Resolution: Extending the scope of fixed recoverable costs: government consults on ‘Jackson 2’
Adam Burrell and Alistair Kinley consider the key elements in the Government's consultation on extending fixed recoverable costs in civil claims.

Education: 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.

Education: 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

Education: Children with EHC plans who move areas
A recent case has highlighted the fraught relationship between s.39 and s.33 of the Children and Families Act 2014. Katherine Barnes looks at the lessons to be learned.

Education: Funding reductions and legal challenges
The High Court has this morning handed down an important judgment on local authority funding reductions. Jonathan Auburn and Peter Lockley look at its findings in a case concerning Hackney Council's approach to Special Educational Needs funding and Education and Healthcare Plans.

Employment: Love is (not) in the air: handling employees who refuse to work together
What happens when a romantic relationship in the workplace turns sour? If the two employees refuse to work together how should this be managed? Chris Bailey-Gibbs and Sophie Smith examine employers' options.

Employment: Dealing with employees who refuse to follow instructions
What are the options available to employers where employees – like Chelsea goalkeeper Kepa – refuse to follow instructions? Sarah Harnett looks at the key considerations.

Employment: The government's crackdown on exit payments
Sarah Lamont examines the latest development in the government’s plans to introduce cap on exit payments for public sector workers.

Governance: 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.
Governance: 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)

Health: 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: Exploring the new guidance on greater protections from rogue landlords
Jason Hobday discusses on LexisPSL the implications of recent government guidance documents which intend to enforce greater protections from rogue landlords (registration required).

Housing: End of the road?
Morayo Fagborun Bennett examines for LexisPSL a Court of Appeal decision on waiving offers of alternative accommodation and the lawfulness of an earlier review decision on a subsequent homelessness appplication.

Housing: Defending EPA 1990 prosecutions: service of Notices
Josephine Henderson analyses a key defence available to landlords to claims under the Environmental Protection Act.

Housing: Housing allocation schemes: indirect discrimination
In an important decision for local housing authorities, the Court of Appeal has recently ruled that Hillingdon Council’s housing allocation policy (which prioritised people who had been resident in the local area for 10 years) indirectly discriminated against certain protected groups. The policy was therefore unlawful. Michelle Caney examines the ruling.

Information Law: Making GDPR British
New regulations set out the UK’s post Brexit data protection landscape. Ibrahim Hasan sets out the key points.

Licensing: 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.

Licensing: 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.

Licensing: Bermondsey Beer Mile appeal dismissed
A district judge has considered whether it was proper for a council, when deciding to refuse a licence varation, to take into account evidence of cumulative impact of a 'beer mile', even though the area might not be subject to a formal cumulative impact policy. Gary Grant analyses the ruling.

Management: 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.

Planning: Taking into account the 'tilted balance'
A recent High Court ruling makes it clear that the National Planning Policy Framework’s 'tilted balance' must be taken into account even if it is not raised as an issue, writes Jack Parker.

Planning: Just how long is a piece of string? Judicial review in planning decisions
The Court of Appeal recently upheld the High Court’s quashing of planning permission granted several years beforehand. Alex Woolcott explains why.

Planning: Interpreting permissive wording
The Court of Appeal has upheld the decision to quash an inspector’s decision based on his misinterpretation of permissively worded development plan policies. Isabella Tafur explains why.

Planning: Airports NPS challenges: the result
A Divisional Court has rejected the legal challenge brought by a group of councils and other claimants over the endorsement of a third runway at Heathrow. Angus Walker looks at the judges' findings.

Planning: Calculating education contributions
Simon Ricketts examines government guidance and a recent High Court ruling on developers' contributions to education provision.

Procurement & Contracts: Development arrangements and works contracts
When does a development arrangement get caught as a works contract? Matthew Mo analyses the key Court of Appeal ruling in Faraday.

Procurement & Contracts: 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.

Procurement & Contracts: The Contracts (Rights of Third Parties) Act 1999 has its day in the sun
Colin Ricciardello examines a recent Court of Appeal ruling on whether third party claimants could enforce a contract they did not know existed.

Procurement & Contracts: Termination of ICT contracts, unfinished works and liquidated damages
The Court of Appeal has considered the application of liquidated damages following termination of an ICT contract. Amy Brown analyses the ruling and provides some practical tips.

Projects: What's next for UK projects?
Steve Gummer, Nicola Sumner and Roseanne Serrelli look at the ramifications of the Chancellor’s decision to bring an end to PFI and PF2.

Property: 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.

Property: Restrictive covenants and the demolition of a development
A recent decision in the Court of Appeal has highlighted the willingness of the Courts to uphold the enforceability of restrictive covenants, irrespective of the apparent social value of any development constructed in breach of them. Claire Waring analyses the case.

Regulatory: 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)

Regulatory: 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.

Transport & Highways: Local authorities and traffic light controlled junctions
A city council has successfully defended a claim brought by a motorcyclist over the phasing of a traffic light-controlled junction. Nicola Hyam and David Williams explain how.

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