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TOP LOCUM ROLES: Interim Legal Services Manager and Deputy MO (East of England), Commercial Contracts & Procurement Lawyer (Oxfordshire) and Adult Care Lawyer (North East).

DON'T MISS: Modern Day Slavery and Human Trafficking - Excel Civil Enforcement (Online, 12 Dec)
 
NEWS HEADLINES

Divert removal cases that could go 'either way' from court: Chief Social Worker
Families subject to “thin, red line decisions”, where decision to remove child from his or her parents could go either way, should be diverted away from court, Chief Social Worker for Children and Families in in England suggests

Ex-Leader renews bid for judicial review of finding on sexual harassment
Former leader of county council refused permission to judicially review its decision to sanction him for sexual harassment; however, he has renewed his application and hearing will take place in January

SRA in reminder on litigation obligations, warns against being ‘hired gun’
Solicitors Regulation Authority issues reminder to solicitors to adhere to all their professional obligations when engaged in litigation, “and not to become ‘hired guns’ just carrying out instructions that are in the best interests of clients”

Government allows Northamptonshire to use £70m capital receipts to tackle deficit
Communities Secretary agrees capitalisation dispensation allowing county council to use £70m in capital receipts to rebuild its revenue reserves and manage financial risks to stabilisation plan that has been drawn up

London borough secures £450k confiscation over ‘beds in sheds’
Ealing obtains confiscation order of nearly £450,000 against landlord who ignored enforcement notices over ‘beds in sheds’ at one of her rental properties

Pub landlord challenges imposition of levy by business improvement district
Landlord of William IV in Hampstead challenging right of business improvement district to impose its levy on him; Six Pump Court said QC has been instructed in case that “raises important issues with regards to the use of local authority powers by private bodies”

Owner of Grade II listed house loses appeal over removal of limestone piers
Being on register of listed buildings is enough to give structure protection and its validity cannot be challenged in disputes over enforcement, Court of Appeal rules

North West housing group to procure £4-5m legal services panel
Co-operative of registered providers and other companies delivering services to social housing sector to procure legal services framework worth estimated £4-5m over 48 months (on Public Law Today)
MUST-READ: 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.
LOOKING FOR A TRAINING CONTRACT? Warwickshire (closing: 30 November), One Legal (closing: 6 December),and HB Public Law are hiring.

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DPS - Practice management software for local government including ABSs

Football club owner bids to take stadium state aid case to Supreme Court
Litigation over Coventry’s Ricoh Arena set to enter its fifth year after owner of Coventry City Football Club said it would appeal to Supreme Court against ruling won in October by city council

Ombudsman sees rise in systemic and policy issues in social care
Local Government and Social Care Ombudsman warns of growing problems with systems, policies and way procedures are being applied in social care, saying it was “no longer just one-off mistakes”

NHS trust IT manager wins £1m payout for discrimination, unfair dismissal
Former IT manager at NHS trust awarded £1m in compensation after Employment Tribunal last year found trust guilty of racial discrimination and unfair dismissal tainted by ‘unconscious bias’ (on Public Law Today)

L&Q to procure £1m legal services for corporate real estate deals
One of UK’s largest housing providers to procure £1m in legal services relating to potential high-value and/or complex corporate real estate transactions (on Public Law Today)

See all of our most recent news stories
APPLY TODAY: One Source, the fully integrated shared service for Newham and Havering, is hiring but don't delay as the closing date is Sunday, 2 December: Senior Lawyers - Procurement, Senior Lawyer - Children's Social Care, Senior Lawyer - Adult Social Care, Lawyer- Procurement, Lawyer - Procurement, Lawyer - Housing and Litigation, Legal Officer - Property & Regeneration and Legal Officer - Housing and Litigation.

One of the largest housing providers in the UK, Optivo is recruiting the new role of a Head of Legal Services - Property (£62,973.78): closing: 11.55pm, 4 December. Other closing dates are also imminent - SIGN UP TO RECEIVE JOB ALERTS:

Former GP surgery secretary fined for unlawfully reading patient records
Ex trainee secretary at GP surgery ordered to pay nearly £1,000 in fines and costs after she admitted unlawfully reading records of 231 patients in two years

Undertakings for environmental offences see £2.2m contributed to charities
Fifteen charities and projects are to benefit from £2.2m after companies and individuals agree enforcement undertakings with Environment Agency

Councils double number of Blue Badge prosecutions in just four years
Number of people successfully prosecuted in relation to abuse of Blue Badge scheme has more than doubled in last four years, Local Government Association confirms; thefts of badges also rising significantly

Councils warned against using new waste crime powers to raise revenue
Government this week issues guidance for councils on using new powers to fine householders up to £400 for failing to ensure they gave their waste to licensed carrier

Scrap permitted development rules on office conversions to housing: LGA
Permitted development rules allowing offices to be converted into housing without planning permission are exacerbating nation’s housing affordability crisis and should be scrapped, Local Government Association says
MARKETPLACE: Kennedy Cater
North West housing group to procure £4-5m legal services panel
L&Q to procure £1m legal services for corporate real estate deals
1 Chancery Lane bolsters civil law team with arrival of 7-strong team

 
EVENTS:
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LOCUM ROLES: Prosecutions Lawyer (West Yorkshire), Democratic Services Team Manager (Northern Home Counties), Housing Solicitor (East Midlands), Commercial Contracts & Procurement Lawyer (Hertfordshire), Childcare Lawyer (South Yorkshire) and Childcare Legal Assistant (West Midlands).

This week's analysis

Counting the cost
Pamela Shepherd and Daniel Scott report on proceedings that led to a costly reminder to tenants claiming for disrepair.

Remembering mediation in housing cases
Sarah Salmon considers a High Court judge’s “lessons for the future” in a recent dispute over interpretation of tenancy agreement.

Implementing the new local safeguarding arrangements
How should local authorities capture new local safeguarding arrangements? Rosie Tabrizi and Deborah Jeremiah report.
 
Litigation capacity – some definite don’ts
The Court of Protection team at 39 Essex Chambers consider a High Court judge's approach to litigation capacity in a family case likened by the independent social worker to arriving at the scene of a car crash.
 
The party’s far from over
An employer has been found vicariously liable for the wrongful acts of its managing director at the end of a work Christmas party. Peter Forshaw reports on the Court of Appeal’s ruling.

READ THE RESULTS OF OUR EXCLUSIVE RESEARCH: Monitoring Officer Report

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: Costs out of all proportion – and the problem for litigants in person
The Court of Protection team at 39 Essex Chambers look at a judge's frustration over the level of costs in a case where there were financial safeguarding concerns in relation to a young man with a severe learning disability.
 
Adult Social Services: Deprivation of liberty, court review and costs
The Court of Protection team at 39 Essex Chambers look at the costs outcome where a local authority was late to apply for a review of a deprivation of liberty.

Children: Trimega test results – an update
Rebecca Cross 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
Eleanor Derry 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
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.

Dispute Resolution: The dangers of one-size-fits-all tree inspection regimes
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
Yasmin Allan 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
Rory Alexander 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: New Housing Court: is it needed?
Andy Lane considers whether we need the proposed specialist Housing Court in England.

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: Revised s.45 Code of Practice under FOI
Ibrahim Hasan highlights the key points from the new version of the s.45 FOIA Code of Practice.

Information Law: New RIPA Codes of Practice
Ibrahim Hasan 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 sets 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: 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.

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 explains why.

Planning: Appealing planning permission refusals
Stuart Evans 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
Richard Moules 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 explains.

Procurement & Contracts: 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.

Procurement & Contracts: All bidders are equal, but are some ‘more equal’ than others?
Jenny Beresford-Jones 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.

Projects: RIP “smash and grab”?
The Court of Appeal has confirmed the demise of “smash and grab” adjudication, write Aidan Steensma and colleagues at CMS.

Projects: Social Impact Bond schemes
Craig Elder 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?
Rob Hann 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: 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.

Property: Rights under the Electronic Communications Code
The Upper Tribunal has given the first judgment imposing interim Electronic Communications Code rights. Jonathan Wills reports on the outcome.

Regulatory: A valuable alternative to prosecution: the Environment Agency and civil undertakings
Civil sanctions in environmental law: what are they and why do they matter? Tim Green and Gus Baker explain.

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 report.

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.
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Sharpe Pritchard
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Telford & Wrekin Council
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Solicitor - Planning

University of Hull
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Optivo
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Leeds City Council
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HB Public Law
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Ealing Council
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Reading Borough Council
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London Borough of Islington
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