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NEWS HEADLINES

Council loses High Court challenge to finding on failure to co-operate

St Albans fails in High Court challenge to planning inspector’s conclusion that it had not met its duty to co-operate with neighbouring planning authorities while drawing up its Strategic Local Plan

Committee on Standards in Public Life to review local government standards
Standards watchdog says it is to undertake review of local government standards during 2017/18, saying members of public regularly express concern

LGO sees more complaints related to reduced local government resources
Local Government and Social Care Ombudsman (LGO) reveals it is seeing more complaints related to reduced local government resources, “and this is sometimes cited as a reason for service failure”

Court awards aggravated damages against Ombudsman over case handling
Aggravated damages have been awarded against Local Government and Social Care Ombudsman over its treatment of applicant

Refusal to make direct payments to man with electricity allergy unlawful: judge
High Court judge rules that council unlawfully refused to make direct payments to man who says he is allergic to electricity
MUST-READ FOR PROCUREMENT AND CONSTRUCTION LAWYERS: Managing public procurement claims in the TCC
HM Courts & Tribunals Service is due to issue guidance for lawyers bringing complex public procurement claims to the Technology and Construction Court (TCC). As we await publication of the updated TCC Guide, Will Thomas and Peter Ware look at what the new protocol on public procurement cases will mean in practice.
Watchdog concern over “inherently complex” structures of combined authorities
Introduction of combined authorities has meant that inherently complex structures have been added to England’s already complicated local government arrangements, National Audit Office says

Landlord who delegated to husband loses appeal in enforcement notice case
Landlord fails in appeal against claim by London Borough that she ignored enforcement notices related to her property, having argued that she had delegated all responsibility for property concerned to her husband

Largest social landlord in London kicks off procurement of legal services panel
L&Q launches tender for four-year contract for legal services covering all aspects of its business. (On Public Law Today)

Bristol Legal lawyer appointed part-time judge in Valuation Tribunal
Saida Bello, lawyer with Litigation Regulatory Community Team at Bristol Legal, appointed judge for Valuation Tribunal England. (On Public Law Today)
DPS - Practice management software for local government including ABSs
HY Professional ServicesSponsored Editorial

Digital bundling & court presentation software now includes video streaming.

CaseLines, the world’s leading solution for evidence management and courtroom presentation announces that its latest innovations are available from today on G-Cloud 9, the Crown Commercial Service procurement framework. The latest release now includes a world first; one-click video streaming, in court, of pre-recorded evidence. Users can now add video in any format as easily as they could add a page of paper evidence. Once in CaseLines, lawyers can add comments, tab interesting points in the video, and launch the video with a single click in the courtroom. CaseLines can stream video from any source including body worn video, CCTV or pre-recorded evidence from children or other vulnerable witnesses. Read more...


Court of Appeal rejects appeal against injunction over contents of 11-plus
Judges reject appeal against final injunction restraining appellant from publishing or disclosing contents of 11-plus tests used by county council

Council agrees £10k-plus payout after grandmother left without respite
London borough agrees to pay out more than £10,000 after investigation by Local Government and Social Care Ombudsman into how grandmother caring for disabled son was left without respite for two years.

Judge refuses relief despite upholding ground in neighbourhood plan challenge
Planning Court judge refuses relief in judicial review of neighbourhood plan because even though one ground succeeded he was unconvinced decision made would have differed

Weightmans reports growth in local government work as profits rise
National law firm says its local government/police and healthcare practices saw growth in 2016/17 financial year as it reported profits rise of 21% on “stable” turnover of £95m. (On Public Law Today)
READ OUR ADULT SOCIAL CARE 2017 SUPPLEMENT – including the findings of our exclusive survey of 56 local authority adult care lawyers. In association with LexisNexis, the publication also looks at the impact of the Care Act 2014, the Law Commission’s proposed replacement for the Deprivation of Liberty Safeguards, the challenges of health and social care integration, how to tackle bed blocking and much more.
DON'T DELAY: Some closing dates are imminent: MORE GREAT JOBS: PRIVATE PRACTICE OPPORTUNITY: Bond Dickinson is hiring: Projects Lawyer (Bristol) and Procurement Lawyer (could be based at any one of the firm's offices).

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MORE NEWS STORIES

Family President calls on more judges to pilot settlement conferences
Sir James Munby urges more judges to consider piloting settlement conferences in their area, as guidance and tools published

Charity issues guidance on publication of judgments about family matters
Transparency Project publishes new guide designed to help parties in family justice system “navigate the complicated issue of publishing judgments about private family matters”

Campaigners draft bill applying FOI to housing associations, contractors
Campaign for Freedom of Information drafts Bill designed to bring housing associations, private contractors providing public services, and Local Safeguarding Children Boards under Freedom of Information Act

Law Society fear over lower regulatory enforcement threshold for Welsh RSLs
Welsh Government proposal to lower threshold for regulatory enforcement from misconduct and mismanagement to breach of any statutory duty could expose registered social landlords (RSLs) in Wales to disproportionate enforcement actions, Chancery Lane warns

See all of our most recent news stories
MARKETPLACE

L&Q kicks off procurement of legal services panel
CPS wins ‘Going Paperless Project of the Year 2017’
Weightmans reports growth in local government work as profits rise
Bristol Legal lawyer appointed part-time judge in Valuation Tribunal
Natural Resources Wales appoints law firm to £680k contract
Housing group appoints six firms to £600k legal services contract
Surrey housing association names five firms to £500k contract

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LOCUM JOBS OF THE WEEK: Principal Property Lawyer (Hampshire), Principal Planning Lawyer (Hampshire), Planning Lawyer (Central London), Employment Solicitor (Staffordshire), Education Solicitor (East Midlands), Adult Social Care Lawyer (London), Commercial Property Solicitor (East of England), Litigation Lawyer (Essex), Childcare Lawyer (East of England), Childcare Legal Assistant (West Midlands) and Housing Litigation Paralegal (West Midlands).

WANT TO BE A BOOK REVIEWER FOR LOCAL GOVERNMENT LAWYER? Please contact derek.bedlow@localgovernmentlawyer.co.uk with your preferred areas of practice.

This week's analysis

Local authorities and DCOs
Paul Irving and Jane Wakeham analyse the role of the local authority in the Development Consent Order process.

Placement for adoption and procedural fairness
A recent High Court ruling that quashed a placement for adoption makes important reading for all local authorities, writes Sarah Tyler.

Homelessness appeals and dependent children
Stefan Liberadzki discusses a court’s decision that a homelessness appellant’s children could not count as ‘dependent children’ because they were not 18 years of age or under.

Affordability after Well-Managed Highway Infrastructure
Steven Conway examines a key concept being introduced to Well-Managed Highway Infrastructure - affordability.

The Taylor Review into 'gig' working
Matthew Taylor's much anticipated report on modern employment practices has been published this week. Sarah Maddock sets out the key findings.

A new enforcement strategy at the Gambling Commission
The Gambling Commission has unveiled a new enforcement strategy. Anna Mathias looks at the key points.

The significance of heritage assets
The Planning Court has considered the correct interpretation of a paragraph of the National Planning Policy Framework on heritage assets for the first time – and has rejected the "literal meaning" of the Framework, writes Emma Dring.

Putting yourself in the shoes of P
The Court of Protection team at 39 Essex Chambers analyse a case of standing in the shoes of P in a difficult decision as to cancer treatment.
BLOGS: Understanding the objectives of clients
What will make your clients relish the opportunity to work with you again: content or delivery? Geoff Wild considers the issues.

SUPPLIER OF THE WEEK: Francis Taylor Building is a long established leading public law set, with particular expertise in planning, land valuation, infrastructure, environmental, public law, licensing and regulatory law.


Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: The role of the Care Quality Commission
LexisNexis Local Government, in partnership with Tim Spencer-Lane, sets out the role, powers and functions of the Care Quality Commission (CQC).

Adult Social Services: Litigation capacity under the spotlight
The Court of Protection team at 39 Essex Chambers examine a recent case where the law relating to litigation capacity was applied in practice.

Children: The continuing duty under s.17 Children Act 1989
Natalie Connor examines a recent Administrative Court ruling on whether a council had complied with its duty under s.17 Children Act 1989.

Children: Managing professional differences for children’s safeguarding decisions
Deborah Jeremiah looks at the important role escalation processes play in safeguarding children and young people.

Children: The Children and Social Work Act 2017
Jonathan Auburn looks at the impact on local authorities of the significant changes to be introduced by the Children and Social Work Act 2017.

Children: Section 20 of the Children Act 1989 – local authority duties
LexisPSL Local Government, in partnership with Claire Cousin, provide a comprehensive guide to local authorities' duties under section 20 of the Children Act 1989.

Children: Age disputes and interim accommodation
What happens young people whose age is questioned approach a local authority as homeless? Must they be accommodated as children, or can they be accommodated in temporary adult accommodation until their age is determined by the local authority? Jonathan Auburn reports.

Dispute Resolution: Costs budgets and detailed assessment
The Court of Appeal has handed down judgment in an important costs budgeting case involving a NHS trust. Roger Mallalieu sets out its findings.

Dispute Resolution: Roberts v Johnstone in a time of a negative discount
Andrew Parker, Paul Taylor and David Williams analyse a recent High Court ruling on the impact of a recent change in the discount rate on a Roberts v Johnstone claim for accommodation.

Dispute Resolution: Recovering costs – helpful hints (private law)
James E. Petts sets out some key considerations for local authorities looking to recover their costs.

Dispute Resolution: Bouldering claim falls over obvious risks
The duties of organisations providing sporting activities which include a risk of injury, and the extent to which a participant's acceptance of the inherent risks should impact on a subsequent injury claim, has again been considered by the courts. David Williams and Richard Rowe examine the latest case.

Education: Getting schooled by the Supreme Court
The Isle of Wight Council, backed by the Government, recently won a high-profile appeal to the Supreme Court in a case on unauthorised school absence. Alexander Campbell analyses the judgment.

Education: The Upper Tribunal on Education, Health and Care plans
The Upper Tribunal has issued an important ruling on the education of young people with special educational needs. Tom Tabori highlights the key findings.

Employment: Context is all
Jodie Sinclair looks at fair redundancy following absence for cancer treatment.

Employment: Employee misconduct and LGPS pension forfeiture
Doug Mullen examines the ability to confiscate an employee’s pension for misconduct or negligence during employment.

Employment: No bans on local authority disinvestment decisions
The High Court recently heard a challenge to government guidance on the investment strategy for the local government pension scheme that sought to prevent boycotts, divestment and sanctions against foreign nations and UK defence industries. David Hart QC analyses the outcome.

Employment: A warning for all multiple claims
Daphne Romney QC considers a recent Employment Appeal Tribunal decision whose impact goes far beyond equal pay claim.

Governance: Standards and investigating councillor misconduct
The High Court has dismissed a challenge to a council standards procedure. James Goudie QC, Peter Oldham QC and Ronnie Dennis set out why.

Governance: Councillors, council tax arrears and FOI
Ibrahim Hasan looks at how local authorities have responded when faced with FOI requests asking for the names of councillors in arrears over their council tax.

Governance: The impact of becoming British on EU rights
An Advocate General has recently concluded that becoming British does not mean the end of an EU citizen’s EU rights. George Peretz QC reports.

Governance: Election challenges
With the 2017 UK parliamentary general election this week, returning officers and their teams may be considering what options are open to the disgruntled candidate or elector who seeks to challenge the result of an election. Emyr Thomas explains.

Health: Deprivation of liberty on discharge: conditional discharge and CTOs
The Court of Appeal has handed down an important ruling in relation to deprivations of liberty, conditional discharge and community treatment orders. Louise Wilson analyses the judgment.

Highways: Outsourcing highway maintenance
James Fawcett examines the challenges of outsourcing highway maintenance in the new world of a ‘risk-based approach’.

Housing: Local authority employees, tied accommodation and Article 14 challenges
The High Court has rejected an Article 14 challenge regarding security of tenure for local authority employees occupying ‘tied accommodation’. Andrew Lane and Tara O'Leary explain why.

Housing: Preference for existing social housing tenants
A High Court judge has ruled that a London borough's housing allocation scheme preferring existing social housing tenants was not unlawfully discriminatory, but that the operation of a system of direct offers was unlawful. Christopher Baker and Richard Granby explain why.
 
Housing: Revisiting decisions on eligibility for homelessness assistance
A High Court judge has ruled that a London borough was not entitled to revisit a decision that an individual was eligible for homelessness assistance. Alice Richardson explains why.

Housing: Discretionary Housing Payment Policies: Long-term awards and relevant considerations
Jed Meers examines the lessons for local authorities on a key ruling in relation to discretionary housing payment policies.

Information Law: Don’t mention the bigger picture
Peter Lockley analyses an important Court of Appeal ruling on 'environmental information'.

Information Law: Subject access requests: the ICO revises its guidance
The Information Commissioner's Office has changed its guidance in relation to subject access requests. Robin Hopkins sets out the key points.

Information Law: Implementing the GDPR in the UK: lessons from Germany?
Can we learn from Germany's approach when it comes to implementation of the GDPR this time next year? Robin Hopkins looks at the lessons.

Information Law: Local government GDPR readiness: good and will get better
Press reports on recent research by the Information Commissioner's Office into councils' preparations for the General Data Protection Regulation suggested a lack of readiness. Ibrahim Hasan goes behind the headlines.

Licensing: Licensing: the negative side of “Positive Partnerships”
Partnership working may be the current preoccupation in licensing but it is not the solution to all its ills, warns Gerald Gouriet QC.

Licensing: A spent conviction by any other name
There has been a significant change to the law regarding the convictions and cautions that can be taken into account when assessing whether someone is 'fit and proper' to hold a Hackney Carriage / Private Hire driver licence, which is leaving councils in the dark and unable to have regard to the totality of a person's criminal conduct, writes Tim Briton.

Licensing: Bingo in pubs
In a key judgment, the Court of Appeal has ruled on the power of the Gambling Commission to refuse operating licences for bingo in pubs. Philip Kolvin QC explains the outcome.

Licensing: Unlawful plying for hire – where now following Sajjad?
Tim Briton analyses an important High Court ruling on unlawfully plying for hire and driving without insurance, and discusses the options for licensing authorities.

Management: Have your cake, eat it … and lose weight
Who do local authority clients prefer to work with, in-house lawyers or external law firms? Geoff Wild looks at the relative attractions.


Planning: The Court of Appeal on the presumption in favour of sustainable development
The Court of Appeal has resolved conflicting judgments on paragraph 14 of the National Planning Policy Framework and the presumption in favour of sustainable development. Gwion Lewis explains how.

Planning: What happens to old planning applications?
Georgina Reeves sets out how local planning authorities can deal with old planning applications.

Planning: The proper approach to development plan policy
The High Court’s dismissal of a challenge to the grant of planning permission for a crematorium is significant when it comes to the approach to development plan policy, writes Zack Simons.

Planning: The correct approach to 'setting'
The Planning Court has endorsed a broad approach to 'setting'. Emma Dring explains the ruling.

Planning: The Court of Appeal on certificates of lawfulness
In a case involving a basement development next to the French Embassy, the Court of Appeal has clarified the law relating to certificates of lawfulness of proposed use or development, write Tom Cosgrove QC and Robert Williams.

Procurement: Approaches to the experience of tenderers
Melanie Pears and Tim Care provide an overview of a recent Court of Justice of the European Union decision that offers useful guidance to contracting authorities on the approach which can be taken to tenderers' experience both when creating a procurement specification and when seeking to clarify documents provided by a tenderer.
 
Procurement: Procurement and information security
Melanie Pears and Tim Care provide an overview of the importance of "information security" (which includes but is not limited to cyber security) in the context of public procurement practices.

Procurement: Errors in major public procurement projects
In association with LexisNexis Public Law, Richard Hanstock considers the lessons from a high-profile dispute over the procurement of a contract to decommission nuclear facilities.

Projects: The pitfalls of contractual joint ventures
Rebecca Hazeldine looks at some of the opportunities and pitfalls of joint ventures.

Property: Relevant defects: functionality is not the test
The Court of Appeal recently considered whether the freeholders of a building were potentially liable under section 4 of the Defective Premises Act 1972 for injuries sustained by a man who fell down its stairs. Matthew Hyam and Simon Jones examine the outcome.

Property: The High Court clarifies the meaning of residential curtilage
The Planning Court has recently considered again the meaning of "residential curtilage". Estelle Dehon and Ashley Bowes report.

Property: Service charges: estimates, service and waivers
A London borough has successfully appealed a First Tier Tribunal ruling on service charges. Richard Alford explains why.

Property: Service charges, double recovery and third-party funding
Christopher Baker analyses a singular service charge case about double recovery and third-party funding and warns of increased uncertainty following a Court of Appeal ruling.

Regulatory: Eradicating hazards
The Court of Appeal has considered who should be served with improvement notices and what should be contained in them. Michael Paget examines its guidance.

Regulatory: Confiscation orders and S.10A POCA
Barnaby Hone examines the role of section 10A of the Proceeds of Crime Act 2002 in the enforcement of confiscation orders – a useful tool for local authorities to get it right first time.

Regulatory: Enforcement of confiscation orders
Barnaby Hone sets out some key considerations when it comes to ensuring confiscation orders are enforced.

Transport & Highways: The Bus Services Act 2017
Rob Hann looks at major changes in the bus industry following the introduction of new legislation, and considers the opportunities they bring for local authorities.
Enfield Council - Director Law & Governance
LGSS Law
Waltham Forest - Litigation Lawyer
Waltham Forest Council
Warwickshire County Council
Bond Dickinson - Procurement Lawyer
Bond Dickinson - Projects Lawyer
Croydon Council
Shepway District Council
Cheshire West - Lawyer (Major Projects)
Ofsted
Ofsted
Litigation Lawyer

Warwickshire County Council
Warwickshire County Council
Legal Services Manager
Solicitor - Corporate and Commercial
Solicitor - Planning & Litigation PT

Reigate & Banstead Council
Reigate & Banstead Council
Legal Manager - Commercial and Litigation
Senior Lawyer - Property
Lawyer - Procurement and Commercial
Law Clerk - Litigation
Senior Democratic Services Officer

Kettering Borough Council
Kettering Borough Council
Litigation Lawyer

Bolsover District Council
Bolsover District Council
Legal Team Manager/Solicitor - Contentious

Birmingham City Council
Birmingham City Council
Senior Solicitor - Adult Services and Human Rights

East Sussex Council / Orbis
Orbis/East Sussex County Council
Solicitor/Barrrister - Property Law
Solicitor/Barrister - Property, Planning, Highways
Legal Officer - Litigation and Infrastructure

Guildford Borough Council
Guildford Borough Council
Principal Solicitor - Contracts, Property & Procurement

Iken
Iken
Contracts Advisor

Newark & Sherwood District Council
Newark & Sherwood Council
Senior Legal Officer

Tower Hamlets Council
Tower Hamlets Council
Senior Planning Lawyer

Cornwall Council
Cornwall Council
Adult Social Care Lawyer
Legal Assistant x2

Surrey County Council
Surrey County Council
Senior Lawyer - Child Care
Team Lawyer - Child Care
(both roles are maternity cover)

Bristol City Council
Bristol City Council
Legal Team Leader - Commercial and Governance
Lawyers - Commercial and Governance
Lawyers x2 - Child Protection
Lawyer - Litigation Regulatory Community
Lawyer - Property, Planning and Transport

Dover District Council
Dover District Council
Commercial Lawyer

Wealden District Council
Wealden District Council
Principal Solicitor - Planning

IPSEA
IPSEA
Legal Team Manager

Spelthorne Borough Council
Spelthorne Borough Council
Local Government Lawyer

Environment Agency
Environment Agency
Senior Lawyers - Property
Lawyer - Property

HB Public Law
HB Public Law
Legal Assistant - Litigation and Social Care

Herefordshire Council
Herefordshire Council
Senior Children's Solicitors x4
Children's Solicitor

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