DON'T MISS: Adult Community Care Conference - Invicta Law (Kent, 10 October); Removal of squatters and trespassers - High Court Enforcement (Online, 18 October)
- Tower Hamlets: Housing Lawyer (to £40,653; fixed term contract).
- Essex Legal Services: Childcare Solicitor (hourly rate negotiable).
- Cornwall: Legal Assistant - Property & Highways (to £25,462) and Trainee Solicitor x2 (one available January 2019, another in September 2019).
- Cardiff: Childcare Solicitor/Barrister (to £41,846).
- Wirral: Senior Solicitor - Adults and Childcare (to £43,757), Solicitor - Childcare (to £39,961) and Trainee Solicitor (£18,870 - £20,541).
- Adur & Worthing: Senior Lawyer and Deputy Monitoring Officer (to £51,816) and Lawyer - Governance & Regulatory (to £46,152).
- Reading: Principal Contract Solicitor (to £62,839), Solicitor/Legal Executive - Contracts and Solicitor - Licensing & Prosecutions (both solicitor roles to £43,757 + market supplements of £4-5k).
- Steel & Shamash: NQ Solicitor - Local Government Law.
- Brent: Lawyer - Employment (to £46,608).
LGO investigation finds council failed to investigate 6,300+ noise complaints
Investigation by Local Government and Social Care Ombudsman (LGO) finds that London borough turned down more than 6,300 complaints about noise nuisance, after change in policy
London borough faces legal action over plan to close respite centre
Waltham Forest Council facing legal challenge over proposals to close respite centre at end of month, with claimant lawyers arguing that decision was taken on "error of fact"
County faces legal action over planned road closures for cycling event
West Sussex County Council appoints Sharpe Pritchard to defend judicial review challenge brought over proposed road closures that would allow major cycling event to take place later this month
LLG Southern Branch names 22 providers to £6m legal services framework
Southern Branch of Lawyers in Local Government names 22 legal services providers – including council legal teams – to its latest legal services framework worth between £4m and £6m (On Public Law Today
Council leads procurement of £11m+ LGPS legal services framework
Norfolk County Council starts procurement of £11.75m framework agreement for provision of legal services primarily in support of Local Government Pension Scheme (on Public Law Today
See all of our most recent news stories
Judge gives green light for challenge to Arundel bypass decision
High Court judge gives campaigner permission to challenge decision by Highways England to approve bypass near Arundel in West Sussex
UK to set up e-notification service for procurement in event of no-deal Brexit
If the UK leaves the EU in March 2019 with no deal in place regarding future arrangements on access to OJEU/TED, a replacement UK-specific e-notification service will be made available, Cabinet Office confirms
Government launches Land Assembly Fund to tackle ownership problems
Government offers money to help public bodies clear path through land ownership problems to get more homes built
Ministry issues revised model byelaws
Revised model byelaws issued to councils by Ministry of Housing, Communities and Local Government
Resident brings judicial review over East Herts development including multi-storey car park
Local resident applies to take East Hertfordshire Council to judicial review over planned development that includes multi-storey car park in centre of Bishops Stortford
Council leads procurement of £11m+ LGPS legal services framework
Bevan Brittan sets out plan to double size of Leeds practice
London university to set up £1.89m legal services panel
Ashfords hires former Head of Social Housing at TLT
LLG Southern Branch names 22 providers to £6m legal framework
This week's analysis
Land Value Capture – not quite there
Richard Harwood OBE QC
reviews recent developments in relation to land value capture, including a report on the subject from the Housing, Communities and Local Government Committee.
Trialling the New Orleans Intervention Model
looks at the London Infant and Family Team's trial of the New Orleans Intervention Model.
The role of the 'IMCA'
and Hannah Taylor
consider the role of the 'IMCA' in decision making and the issues raised for a local authority.
Abnormally low bids
A recent High Court case between a contracting authority and an unsuccessful tenderer has provided a useful insight into various aspects of procurement law in practice, write Melanie Pears
and Tim Care
Has your employee resigned?
Usually it is clear when somebody intends to resign, but sometimes it can be uncertain. Phil Allen
analyses the problem of ambiguous notice.
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:
Adult Social Services: A new model of healthcare body
Children: Relinquished babies
A judge recently set out the cardinal principles in relinquished baby cases where declarations are sought that a putative parent or extended family should not be informed of a prospective adoption, write Simon Wilkinson and Charlotte Wilce.
Children: Deprivation of liberty and children (again)
The Court of Protection team at 39 Essex Chambers look at a helpful judgment on a potential deprivation of liberty of a child under the age of 18.
The Administrative Court recently considered a challenge to the creation of a new model for the provision of health and social care in England. Jonathan Auburn
analyses the outcome.
Adult Social Services: The headache of fluctuating capacity
Another ruling on fluctuating capacity shows how difficult the issue is for the courts. The Court of Protection team at 39 Essex Chambers
Community Safety: Gang injunctions, human rights and standards of proof
Dispute Resolution: Collateral warranty claim struck out
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.
and Alexandra Bellis
a recent Technology and Construction Court ruling on a dispute over the state of a council-owned stadium.
Dispute Resolution: Historic child abuse cases: a claimant’s perspective
Claimant lawyers Kieran Chatterton
and Paul Durkin
call for a more collaborative approach to the handling of historic child abuse cases.
Dispute Resolution: Illegality and public policy in an historical abuse context
A recent County Court case considered the question of illegality in an historical abuse context. Ceri-Sian Williams
explains the ruling.
Education: When court and classroom meet
How should teachers and school management deal with disputes between separated parents or people with parental responsibility? Lottie Tyler
looks at the issues raised
Education: Academy conversions without a Commercial Transfer Agreement
Can a school convert to an academy without a Commercial Transfer Agreement (CTA)? Helen Snow
and Sophie Thring
consider the issues where local authorites push back against entering into the contract.
Education: Physical abuse and school exclusions
reports on an Upper Tribunal ruling that a ‘tendency to physical abuse’ should no longer be considered an automatic defence to disability discrimination claims arising out of the exclusion of school pupils.
Employment: Staff transfers
James Goudie QC
analyses a dispute arising out of the transfer of public health staff from an NHS trust to a London borough and a bid to change their terms of employment.
Employment: References: Top 10 tips for responding to requests
A recent Employment Tribunal decision serves to remind employers of the care that should be taken when giving a reference, writes Claire Hollins
Employment: The scope of protected disclosures
Rose Sunter considers a landmark Court of Appeal ruling that brings much needed clarity to the scope of the whistleblowers’ protection regime, introduced by the Public Interest Disclosure Act 1998.
Employment: The Court of Appeal in Mencap
considers the significant implications of the Court of Appeal ruling on sleep-in shifts and the National Minimum Wage.
Governance: Election expenses
The Supreme Court recently considered an important issue around authorisation and declaration of election expenses. James Goudie QC
examines the outcome.
Governance: Publishing the home address of election candidates
James Goudie QC a
nalyses a recent High Court case over whether there was a requirement to publish a mayoral election candidate's home address.
Health: ICS and Place
and Jenna Wong
examine how health bodies and local authorities can navigate the governance challenge around integrated care systems and place-based commissioning structures.
Health: NHS service reconfiguration
The High Court has quashed proposed service reconfiguration in Corby. Alistair Robertson
and Amy Smith
look at the lessons to be learned.
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.
Housing: Secure tenancies and capacity
Is there statutory or other prohibition preventing a person who lacks capacity succeeding to a secure tenancy in Wales if the section 87 of the Housing Act 1985 requirements are met? This Q&A was written for Lexis PSL Local Government in partnership with Kevin Long
of Hackney Law Centre.
Housing: Charging for Housing Act licences: the consequences of Gaskin
considers the Divisional Court's recent decision on fees for licensing houses in multiple occupation and its far-reaching implications for local housing authorities nationwide.
Housing: Possession, disability and proportionality
Jane Talbot examines a recent High Court decision on possession orders and disability discrimination.
Housing: The merry-go-round of social housing regulation
Sarah Greenhalgh sets out the key points arising from the Social Housing Green Paper and accompanying consultation, and her initial view on the likely targets for regulatory reform.
Housing: Threats of legal action and harassment of tenants
A recent Court of Appeal decision alerts landlords to the risk of their dealings with tenants amounting to unlawful harassment. Karl Anders
and Lucie Bryan
offer practical advice of particular interest for social housing providers.
Housing: Tenancy deposit stakeholders and HMOs
Is a Tenancy Deposit Stakeholder a 'person managing' under s.263 of the Housing Act 2004? Nicholas Grundy QC
and Jack Kane
set out the lessons from a recent prosecution.
Information Law: Costs and vexatiousness
sets out the key points from recent Upper Tribunal rulings on freedom of information, vexatiousness and costs.
Information Law: GDPR and civil claims
analyses areas of concern for local authorities when it comes to GDPR and the handling of civil claims.
Information Law: Mixed data in the Court of Appeal
The Court of Appeal has considered the correct approach to dealing with mixed personal data. Rupert Paines
analyses its ruling, which is set to be the leading case in this area
Licensing: Private hire: scope of the fit and proper test
A recent Crown Court case considered the scope of the fit and proper test for private hire licences. Philip Kolvin QC
analyses the outcome.
Licensing: Cross border hiring and localism
Gerald Gouriet QC
analyses some of the thorny issues that can arise around cross-border hiring of private hire vehicle drivers.
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
Management: The best of both worlds
Tiffany Cloynes and Gillian Duckworth outline the benefits of the partnership between Sheffield City Council and law firm Geldards for the public and private sector alike.
Planning: “They flee from me that sometime did me seek”
Is the revised National Planning Policy Framework the beginning of the end for neighbourhood plans, asks Sue Chadwick
Planning: The new NPPF and housing need
sets out what you need to know about the new National Planning Policy Framework and housing need.
Planning: Declining to determine planning applications
The High Court has clarified the scope and application of Section 70C of the Town and Country Planning Act 1990 - the power to decline to determine planning applications, writes Saira Kabir Sheikh QC
Planning: A new planning rulebook or more of the same?
considers some of the key changes in the final version of the revised National Planning Policy Framework.
Procurement & Contracts: Stop the clock
There have been some contrasting developments in extending the time limit for starting procurement challenge proceedings, writes Colin Ricciardiello
Procurement & Contracts: Contractual interpretation: the Amey dispute
considers how a contractor’s rigid approach to what a highways maintenance contract said, led to unintended consequences for the authority.
Procurement & Contracts: Procurement awards and mandatory injunctions
In December 2017, the Technology and Construction Court (TCC) ruled that the Ministry of Defence (MoD) had breached public procurement law in relation to a public tender process for the Royal Navy. LexisNexis PSL reports.
Projects: The ghost of PFI
In a county council somewhere in Middle England, County Solicitor Douglas Ludlow reflects on his long local government career, until the ghost of PFI returns to haunt him….
Projects: What next for heat networks?
The Competition and Markets Authority (CMA) has published its final report on heat networks, calling for new regulation. David Kilduff
, Ben Sheppard
and Richard Butterworth
consider the implications for local authorities.
Projects: The National Infrastructure Assessment and compulsory purchase
examines proposals in the National Infrastructure Assessment for making the process of compulsory purchase simpler and fairer.
Regulatory: Game of Drones the Law - Season Two
There have been a number of recent developments in the law and regulation of drones. Paul Feild
sets out the key points for local government lawyers.
Regulatory: Local authorities prosecuting manslaughter
sets out the key considerations in the recent prosecution for manslaughter of a defendant who sold 'fat-burning capsules'.
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.