Court of Appeal allows appeal over development agreement and procurement
CALLING ALL CHILDCARE LAWYERS: Manchester is hiring: Senior Lawyer x2 - Children & Families.
- Leeds: Team Leader - Housing Disrepair (to £44,697), Principal Legal Officers x2 - Housing Disrepair (to £39,961) and Legal Assistant - Housing DIsrepair (to £23,111).
- Tower Hamlets: Legal Services – Head of Commercial and Contracts (to £76,584), Principal Lawyer – Property and Regeneration (to £64,422), Principal Lawyer – Enforcement (to £64,422) and Legal Assistants x4 (to £29,010).
- Test Valley: Contracts & Procurement Lawyer PT, Litigation Lawyer and Data Protection Lawyer PT. Closing: noon, 26 November.
- nplaw: Senior Legal Officer - Dispute Resolution (to £30,756). Closing: 25 November.
- Uttlesford: Solicitor/Lawyer - Planning & Contracts (£38,052 pro rata for 22.5 hours/week).
- HB Public Law: Assistant Team Leader/Senior Lawyer - Children's Social Care (to £59,937; Harrow) and Trainee Solicitor (£25,291 - £27,069).
- Calderdale: Solicitor/Barrister - Child Care (to £38,052).
- Gateshead: Service Director - Legal & Democratic Services (to £96,944). Closing: noon, 30 November.
- One Source (shared service for Newham and Havering): Senior Lawyers - Procurement, Senior Lawyer - Children's Social Care, Senior Lawyer - Adult Social Care (all to £46,578), Lawyer- Procurement (to £42,735), Lawyer - Procurement, Lawyer - Housing and Litigation (both to £41,847), Legal Officer - Property & Regeneration (to £38,040) and Legal Officer - Housing and Litigation (to £35,991).
DON'T MISS: Modern Day Slavery and Human Trafficking - Excel Civil Enforcement (Online, 12 Dec)
Court of Appeal hands down key ruling in favour of developer on public procurement law and development agreements, also making first declaration of ineffectiveness in England
Monitoring officer expresses concern after committee votes to disclose legal advice
County council faces conducting future litigation with “its hands tied behind its back” if councillor is successful in having legal advice disclosed, its monitoring officer warns
County council secures spot on £272m wider public sector framework
Hampshire appointed alongside 70 other providers to Government’s £272m legal services framework for wider public sector (on Public Law Today
Senior family judge calls for attention on process before care applications issued
Process before care application is issued is “ripe for attention”, President of Family Division says, to divert some cases away from court or ensure that cases are ‘match-fit’ for engagement in court process at Day One
Borough reviews legal section, holds "tentative" discussions on possible ABS
Council confirms it is reviewing structures of its legal section and joint legal team for children's services it is part of with other local authorities; at very early stage in discussions on alternative business structure (on Public Law Today
Early and late sittings to be piloted in civil and family courts
Ministry of Justice announces plans to pilot early and late sittings in civil and family courts outside traditional court sitting times of 10am to 4pm
Council agrees settlement for girl assaulted at primary school
Unnamed local authority reaches settlement with parents whose daughter was sexually assaulted by other pupils at one of its primary schools, though it has not admitted liability
Invicta Law reports £300k+ underlying trading profit for first six months of 2018/19
Alternative business structure owned by Kent County Council reports more than £300,000 in underlying trading profit before tax for six months to 30 September 2018 (on Public Law Today
MUST-READ: Cat amongst the pigeons: a new approach for the procurement of development agreements?
The Court of Appeal has ruled against a council in a procurement battle over a development agreement. Richard Collins
and Kathrine Eddon
analyse the judgment.
Council uses social media evidence to defeat £140k claim by cyclist
Local authority uses social media evidence to win case in which cyclist lied about accident and sought to obtain £140,000 in damages
Minister gives details of ‘social value’ measures for government procurements
Central government procurements will be required by summer 2019 to take social and economic benefits into account in certain priority areas, Cabinet Office Minister David Lidington announces; key suppliers also beginning to put in place 'living wills' in event of corporate failure
Court of Appeal hears NHS accountable care organisation dispute
Court of Appeal is this week hearing campaign group’s challenge to Government’s decision to create Accountable Care Organisations, now called Integrated Care Providers
East Midlands authorities eye £8.9m panel of counsel for child care matters
Four local authorities looking to set up £8.9m, five-year panel of counsel to provide advice and advocacy services in respect of child care legal matters (on Public Law Today
Village green campaigners to take legal action over conduct of meeting
Campaign group seeking to designate village green crowdfunding further appeal against council's conduct of meeting that decided on status of land; group says it also hopes to set precedent that all applications to designate village greens should come under Aarhus Convention and so have £5,000 cap on costs awarded to other party in failed applications
Council criticised for cutting support to couple asked to be special guardians
Ombudsman investigation finds that local authority unfairly cut financial support to couple, after asking them to become special guardians to children they were fostering
See all of our most recent news stories
Council loses High Court battle over new access road to Port of Liverpool
High Court judge rejects legal challenge brought by Sefton Council over Highways England’s consultation on new access road to Port of Liverpool
Borough prosecutes former tenant for subletting and Right to Buy fraud
Former tenant of Camden Council this month pleaded guilty to illegal subletting and fraudulently applying for Right to Buy
Peers criticise growing use of ‘Henry VIII’ powers by successive governments
House of Lords Constitution Committee hits out at Government’s escalating use of so-called “Henry VIII powers”, describing practice as “constitutionally objectional”
Council defeats challenge to grant of permission for school expansion
High Court dismisses judicial review challenge brought against Isle of Wight Council over its decision to approve planning permission for proposed new boarding house at school
Invicta Law in £300k+ trading profit for first six months of 2018/19
Authorities eye £8.9m panel of counsel for child care matters
Borough reviews legal section, holds "tentative" discussions on ABS
SE housing group invites tenders for £600k conveyancing framework
Council secures spot on £272m wider public sector framework
Bevan Brittan promotes two partners from within
This week's analysis
Rating ATMs and similar facilities
Steven Gasztowicz QC
analyses a recent Court of Appeal ruling on the rating of ATMs and similar facilities - or whether ‘Holes in the Wall’ give free money to government.
RIP “smash and grab”?
The Court of Appeal has confirmed the demise of “smash and grab” adjudication, write Aidan Steensma
and colleagues at CMS
New Housing Court: is it needed?
considers whether we need the proposed specialist Housing Court in England.
Revised s.45 Code of Practice under FOI
highlights the key points from the new version of the s.45 FOIA Code of Practice.
Yet another habitats (and EIA) judgment from the CJEU
The Court of Justice of the European Union has handed down a new ruling on habitats and environmental impact assessment. Charles Banner
sets out its conclusions.
READ THE RESULTS OF OUR EXCLUSIVE RESEARCH:
We are delighted to announce the publication of our Monitoring Officers 2018
report, in association with Lawyers in Local Government.
The aim of the report is to identify and analyse the challenges ahead for monitoring officers, their deputies and other lawyers involved in the governance of local authorities. It comes at a time when the role is under great pressure and the survey - in which more than 100 local authority monitoring officers took part - aims to identify the key issues that they face and, with the help of some of the most senior current practitioners, identify effective strategies to address them.
Click here to access the report. Also available to download as a pdf
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Children: Trimega test results – an update
examines the lessons for practitioners from the ongoing investigation into tests carried out by a forensic toxicology company over a four-year period.
Children: The 26-week time limit and purposeful delay
Has the 26-week time limit in child care proceedings eliminated purposeful delay? Eleanor Marsh
reports on a significant Court of Appeal ruling.
Children: Looked after children and medical treatment
and Deborah Jeremiah
consider the issues around obtaining consent for the provision of medical treatment to looked after children.
Children: Deprivations of liberty, young persons and the inherent jurisdiction
In relation to deprivation of liberty, when is consent irrelevant? The Court of Protection team at 39 Essex Chambers
analyse an important Court of Appeal ruling for children's services.
Community Safety: Gang injunctions, human rights and standards of proof
Dispute Resolution: The dangers of one-size-fits-all tree inspection regimes
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.
A recent Court of Appeal ruling means it is time for councils to re-examine their tree inspection regimes, write Simon Jones
and Susan Rands
Dispute Resolution: If refusing Bert & Ernie isn’t discrimination, what is?
The Supreme Court has decided that a bakery’s refusal to bake a cake with a slogan promoting gay marriage was not sexual orientation discrimination. Phil Allen
analyses the ruling, including its impact on employment law.
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.
Education: When must a local authority carry out an EHC needs assessment?
Lexis PSL Local Government
in partnership with Hannah Lynch
of St Pauls Chambers, examine the issues raised by the replacement of statements of special educational needs with Education, Health and Care (EHC) plans.
Employment: A mentally healthy workplace
considers the legal and practical issues linked to the employee wellbeing agenda.
Employment: Filming public officials
Does filming a public official performing their job constitute journalism? Matt Collins
analyses an Advocate-General’s opinion on the issue.
Employment: Employment tribunals and contractual terms in wages claims
The Court of Appeal has held that an employment tribunal has jurisdiction to interpret contractual terms in a wages claim. David Mitchell
analyses the ruling.
Governance: Electoral law: unfit for the 21st century?
With democracy at risk there is no excuse for legislative inaction, argue Alison Foster QC
, Tom Tabori
and Gethin Thomas
who make the case for reform and put forward proposals for change.
Governance: The importance of public consultation in the public sector decision-making process
A number of recent cases have resulted in public sector decisions being quashed for lack of proper public consultation. Alex Dillistone
, partner at Winckworth Sherwood, discusses the importance of effective consultation with LexisPSL Public Law
Governance: The inequalities fight – the challenges and risks faced by local government in Scotland
looks at the opportunities - and challenges - for local authorities as a result of the Scottish Government's decision to enforce the Fairer Scotland Duty.
Health: NHS trusts, non-clinically trained staff and duties of care
The Supreme Court has found a hospital liable for inaccurate waiting time information given by its A&E reception. Peter Downey
and Mark Ashley
consider the implications.
Housing: Defences in 'second succession' cases
A recent High Court case considered the extent to which Articles 8 and 14 of the ECHR can provide a defence to the children of secure tenants in ‘second succession’ cases. Niamh O’Brien
reports on the outcome.
Housing: What is an introductory tenancy?
LexisPSL Public Law
, in partnership with Chris Bryden of 4 King’s Bench Walk
analyse the key features of introductory tenancies.
Housing: Housing stock transfers: key issues
In partnershsip with Alan Aisbett
of Bryan Cave Leighton Paisner LLP, LexisPSL Local Government
examine the key issues in relation to housing stock transfers.
Housing: Homelessness - vulnerable groups
LexisPSL Public Law
explores the special provisions which apply to groups who are particularly vulnerable to homelessness and refers to the Homelessness Code of Guidance for Local Authorities, February 2018.
Information Law: New RIPA Codes of Practice
looks at the key changes in the new RIPA Codes of Practice for Surveillance and Covert Human Intelligence Sources (CHIS).
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.
Licensing: Court directions and appeals against licence revocations
A modern slavery appeal has been summarily dismissed for non-compliance with court directions. Gary Grant s
ets out why.
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: Housing supply
A High Court judge recently rejected a council's application for an order quashing a planning inspector's grant of permission for a 29-dwelling development. James Goudie QC
Planning: Appealing planning permission refusals
sets out some practical considerations in cases where planning committees refuse planning permission despite officers' recommendations for approval.
Planning: The Interpretation Act and discharge of affordable housing obligations
considers the outcome of a Planning Court case on whether the Interpretation Act 1978 preserved jurisdiction to modify or discharge affordable housing obligations.
Planning: Controlling outdoor advertising
The Court of Appeal has issued a ruling on the ability of local planning authorities to control advertisements. Tim Buley
explains the outcome.
Planning: Enforcing s106 agreements
What can you do if in relation to s.106 agreements things don’t work out as planned? Gary Soloman
Procurement & Contracts: All bidders are equal, but are some ‘more equal’ than others?
reports on a recent European procurement case on incumbent providers and the need for a level playing field.
Procurement & Contracts: The Sky Blue saga continues
The Court of Appeal has recently handed down a judgment in a dispute over whether Coventry City Council provided unlawful state aid in relation to the Ricoh Arena. Paul O'Sullivan
considers the lessons from the ruling.
Procurement & Contracts: The High Court on concession contracts
The High Court has handed down guidance on what constitutes a “concession contract”. James Goudie QC
and Joanne Clement
analyse the ruling.
Projects: Social Impact Bond schemes
examines the opportunities provided by social impact bonds - and how to overcome the barriers to their successful implementation.
Projects: Budget 2018 - whither PFI?
In the light of the Chancellor of the Exchequer’s announcement this week, David Kilduff
considers - what next for public/private contracting?
Projects: Who will meet local government’s investment needs now the PFI has gone?
and Stephen Pearson
take a look at what worked in the past and what needs to happen now to prompt investment and economic development in local government.
Property: Rights under the Electronic Communications Code
Regulatory: A valuable alternative to prosecution: the Environment Agency and civil undertakings
The Upper Tribunal has given the first judgment imposing interim Electronic Communications Code rights. Jonathan Wills
reports on the outcome.
Property: Possession claims and public law duties
A recent case has established that public bodies must consider their public law obligations before taking steps to evict an occupier, even if the occupier does not have any private law right to remain in the property (such as a trespasser). Michelle Bendall
Property: Residential extensions and CIL
Action needs to be taken over exemption for residential extension from the Community Infrastructure Levy, writes Christopher Cant.
Civil sanctions in environmental law: what are they and why do they matter? Tim Green
and Gus Baker
Transport & Highways: Highways and inspection systems
A council’s annual inspection system was recently found by a court to be adequate for the purposes of S.58 of the Highways Act 1980 (the Act) when determining liability. Lucie Evans
and Suzanne Milne
Transport & Highways: Installing barriers on public highways
LexisPSL Local Government
, in partnership with Laura Hughes
of Browne Jacobson
, deals with the question of the powers available to a local authority when installing gates or barriers on public highways.