|JOIN ONE OF THE LARGEST FIREFIGHTING AND RESCUE ORGANISATIONS IN THE WORLD: London Fire Brigade is recruiting a General Counsel (up to £130,000).
MAKE YOUR NEXT MOVE: Go to Public Law Jobs for these and other superb roles:
Weightmans head of local government Simon Goacher, whose wife died after contracting sepsis earlier this year, will be part of a 15-strong team doing the Birmingham Half Marathon in aid of the Sepsis Trust. Please donate by going to the Just Giving page.
- Bi-Borough Shared Legal Services: Senior Planning Solicitor x 2 (to £54,150).
- Birmingham: Solicitor – Planning & Transportation Team (to £41,025).
- Hampshire: Project Legal Adviser (to £52,024).
- Telford & Wrekin: Solicitor: Planning (to £32,686 for 29.6 hours/week).
- Sevenoaks: Principal Planning Lawyer (to £57,021).
- Oldham: Legal Assistant – Family Legal Team (to £26,470).
- Portsmouth: Lawyer – Commercial, Procurement and Projects (to £38,052) and Childcare Lawyer (to £38,052).
- Solihull: Childcare Solicitor (to £41,846).
- Lincolnshire: Senior Lawyer: Litigation Team (to £42,806).
- City of York: Senior Solicitor - Planning (to £47,359).
- Blaby: Legal Services Officer/Solicitor/Legal Counsel (to £39,002).
- Brent: Senior Advocate - Childcare (to £53,526) and Childcare Lawyer (to £47,541). Closing: 7 October.
LGO slams “continual failure” of council to support boy with learning difficulties
Local Government & Social Care Ombudsman sharply criticises local authority for its “continual and repeated failure” to support boy with learning difficulties.
Wildlife trust sends pre-action letter over expressway scheme
Trust threatens legal challenge against Highways England and Department for Transport over their chosen route for Oxford to Cambridge Expressway
Parish crowdfunds challenge to council over "excessive development"
Parish seeking to take Cornwall to judicial review over grant of planning permission which it says overrides its neighbourhood plan
London borough names 14 firms to £9m legal services panel
Southwark Council appoints 14 law firms to legal services framework worth estimated £9m over four years (on Public Law Today
See all of our most recent news stories
|DON'T MISS OUT: The closing dates for these great roles are imminent - apply today:
MORE SUPERB OPPORTUNITIES: SIGN UP TO RECEIVE JOB ALERTS.
- HB Public Law: Assistant Team Leader - Contracts, Procurement & Information (to £59,937), Assistant Team Leader - Planning & Regeneration, Lawyer/Senior Lawyer roles in Planning & Regeneration, Adult Social Care, Children’s Social Care, Civil Litigation, Criminal Litigation, Contracts, Procurement & Information, Education & Employment and Property, Legal Assistant – Litigation and Social Care and Legal Assistant – Commercial.
- Rotherham: Housing Lawyer, Childcare Lawyers, Property Solicitor, Adult Care Lawyer, Childcare Paralegals and Adult Care Paralegal.
- Cheshire East: Senior Commercial Property Lawyer, Adults & Education Lawyer, Childcare Lawyer and Planning & Highways Lawyer.
- Merseyside Fire & Rescue & Merseyside Police: Trainee Solicitors x2.
- Rushcliffe: Solicitor - Commercial Property.
- Steel & Shamash: NQ Solicitor - Local Government Law.
- Wirral: Senior Solicitor - Adults and Childcare, Solicitor - Childcare and Trainee Solicitor.
- Leicestershire: Environment Lawyer.
- Cornwall: Trainee Solicitor x2 (one available January 2019, another in September 2019).
Council persuades TCC that outdoor advertising dispute falls outside EU rules
London Borough of Hammersmith And Fulham’s decision on letting an outdoor advertising contract was not covered by concession contract rules
Planning reforms to give councils more flexibility to dispose of surplus land
Government announces plans to consult on further reforms to planning system, including giving local authorities more flexibility to dispose of surplus land that could instead accommodate new homes
Protest group granted statutory review of fracking decision
Community group from Harthill in Yorkshire brings legal challenge against Secretary of State for Housing, Communities and Local Government over whether planning inquiry involving fracking was properly conducted
Council wins possession of garden but eviction must wait for JR hearing
Judge confirms London borough's right to possession of wildlife garden in Deptford as part of housing project, but said it cannot take place until seven days after High Court judge holds oral hearing into whether to grant permission for judicial review challenge
Capsticks secures NW presence with acquisition of social housing firm
Bevan Brittan strengthens Leeds litigation team with partner hire
Southwark names 14 firms to £9m legal services panel
FTB bolstered by arrival of planning specialist Emyr Jones
This week's analysis
Legislation not the 'agent of change'
examines recent developments in relation to the ‘agent of change’ principle, including the revision of the National Planning Policy Framework and the withdrawal of legislation.
looks at what a recent Court of Appeal on privilege means for public bodies, who may find themselves facing a criminal or regulatory investigation as a result of an incident, accident or whistleblower allegations.
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.
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.
Key changes to residential landlord and tenant law
picks out some important changes and events in the residential landlord and tenant field coming into force this month.
Houses in Multiple Occupation and licensing reform
Significant changes have been introduced to the licensing regime for houses in multiple occupation. Kate O'Brien
and Matthew Watts
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: Asylum seekers post 18
Children: Children lacking capacity: which court?
The High Court has backed a local authority's withdrawal of council support for a failed asylum seeker post-18. Carmel Maher
Adult Social Services: 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.
When it comes to restrictions on the liberty of children who lack capacity, which court is best? Nageena Khalique QC
looks at the issue of jurisdiction, procedural requirements and relevant factors to be taken into consideration.
Children: Trialling the New Orleans Intervention Model
looks at the London Infant and Family Team's trial of the New Orleans Intervention Model.
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.
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.
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.
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.
Employment: 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.
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
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: 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: Information law roundup
rounds up recent developments that those dealing with information law in the public sector should be aware of.
Information Law: Costs and vexatiousness
sets out the key points from recent Upper Tribunal rulings on freedom of information, vexatiousness and costs.
Licensing: Taxis: the burden of proof
Professor Roy Light
analyses the issues around the burden of proof in ‘fit and proper person’ taxi licensing applications and appeals.
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.
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: Habitats Directive: what mitigation can be taken into account?
The ECJ has confirmed that mitigation cannot be taken into account when screening a project under the Habitats Regulations; it has also clarified between mitigatory and compensatory measures. Elizabeth Dunn
and Jen Ashwell
Planning: 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.
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
Procurement & Contracts: 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
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.
Property: Possession claims and public law duties
Regulatory: Game of Drones the Law - Season Two
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.
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.