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CAYMAN ISLANDS CALLING: There are two unique roles available with the Cayman Island Government: Crown Counsel - Civil and Crown Counsel - Human Rights (both roles approx. £70,300 - £94,500 income tax free).

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NEWS HEADLINES

Council wins Court of Appeal battle over stadium and state aid
City wins Court of Appeal case over whether loan to half-owned substidiary was unlawful state aid, in latest round of four-year long litigation saga over sports stadium

Park authority criticised over inconclusive legal basis for planning enforcement charges
Ombudsman criticises national park authority for way it adopted policy to charge residents for planning enforcement action, saying move was based on “inconclusive legal opinion"; members not properly advised on legal and administrative basis on which it decided it was entitled to introduce it. Park authority chairman says it sufficiently considered legal basis of scheme

Seven councils in running for Legal Team of the Year at LLG Awards 2018
Seven local authorities have been shortlisted for the Local Government Legal Team of the Year at this year’s LLG Legal Awards, it is revealed; awards ceremony will be held on 9 November at Waldorf Hilton in London

Planning consultancy wins appeal over conviction for wilfully obstructing officers
Planning consultancy that was convicted and fined for wilfully obstructing council officer in course of their work wins appeal to Divisional Court

Council ends bid to stop father speaking about care of autistic daughter: report
Local authority withdraws application for injunction to stop father from speaking about care of his autistic daughter, it is reported

CIPFA warns on levels of borrowing to invest in commercial property
CIPFA expresses concern this week at level of borrowing some local authorities have made in order to invest in commercial property, reminding councils that local authorities “should avoid exposing public funds to unnecessary or unquantified risk”

London borough changes its definition of ‘overcrowding’ after legal challenge: report
Legal challenge brought by Public Interest Law Unit and Housing Action Southwark and Lambeth has forced a council to change definition it uses for ‘overcrowding’, it is claimed

Supreme Court to hear row between TfL and councils over highways
Supreme Court will next week hear dispute between two London councils and Transport of London over transfer of highways in capital
MUST READ: 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.

Visit the LexisNexis Hub

DPS - Practice management software for local government including ABSs

Supreme Court to hear case on deprivations of liberty, CTOs
Five-justice panel will next week consider whether statutory power to impose conditions amounting to deprivation of liberty can ever lawfully be "implied", and whether framework for Community Treatment Orders provides practical and effective protection for patients’ rights under ECHR

Government to toughen rules disqualifying offenders from serving on councils
Ministers to strengthen rules preventing people found guilty of serious crimes from serving on local councils, it is announced; measures would mean any person who is subject to Anti-Social Behaviour Injunction, Criminal Behaviour Order, Sexual Risk Order or who is on Sex Offenders’ Register, would no longer be able to stand for elected office in their community

County proposes £5k ‘fine’ per excluded pupil for schools
County council proposes that schools could be fined £5,000 per excluded pupil, with ‘fine’ passed on to schools willing to accept children concerned

Row over holiday park sees permission granted for second judicial review
District council faces its second judicial review in a year over dispute concerning proposed holiday park; in granting permission, committee went against officers' recommendation

Law firm nets £1m planning enforcement services deal with council
Ivy Legal secures £1m contract to provide planning enforcement services to London borough (on Public Law Today)

See all of our most recent news stories
DON'T MISS OUT: The closing date for these superb roles at HB Public Law is 22 October (Monday) so apply today: 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.

Other closing dates are also imminent: SIGN UP TO RECEIVE JOB ALERTS:
Further great opportunities: TOP LOCUM ROLES: Locum Legal Services Manager (Bristol), Senior Local Government Solicitor (Hertfordshire), Senior Commercial Property Lawyer (Essex) and Interim Governance Legal Advisor (East Anglia).

Transport for London appeals High Court ruling on cycle superhighway
Transport for London applies for permission to appeal High Court ruling that its decision to go ahead with installation of cycle super highway at Swiss Cottage had been taken while omitting relevant consideration

Judge rejects challenge to decision by council to sell cattle market site
Campaign group refused permission to bring judicial review challenge over district council’s decision to sell cattle market to supermarket chain

Growth sees EM LawShare close in on 150 members
UK’s largest legal consortium closing in on 150 members, having added 21 organisations in last 12 months. (on Public Law Today)

LGA urges long-term funding for trading standards to tackle knife sales
Local Government Association calls on ministers to provide trading standards services with long-term and sustainable funding so that they can carry out test purchases and prosecutions for sale of knives to children

Marine Management Organisation faces legal challenge over dredging licence
Campaign group sends pre-action protocol letter to Marine Management Organisation over its grant of licence for dredging of Goodwin Sands in Kent
MARKETPLACE: Kennedy Cater
South West social landlord selects six firms for £2.2m legal panel
Law firm nets £1m planning enforcement services deal with council
University names four firms to £5m legal services framework
Growth sees EM LawShare close in on 150 members


EVENTS:

This week's analysis

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.

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.

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.

A matter of discretion
Alexander Campbell considers the lessons to be learned from a High Court decision on a social landlord's appeal over the refusal to grant a possession order.

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.

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: Holding prisoner in a foreign land
The Court of Protection team at 39 Essex Chambers analyse a powerful ruling in a case where it took years for a Colombian woman with a severe brain injury to be repatriated.

Adult Social Services: Asylum seekers post 18
The High Court has backed a local authority's withdrawal of council support for a failed asylum seeker post-18. Carmel Maher explains why.

Adult Social Services: The role of the 'IMCA'
Jane Bennett and Hannah Taylor consider the role of the 'IMCA' in decision making and the issues raised for a local authority.

Children: Children lacking capacity: which court?
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
Victoria Burgess looks at the London Infant and Family Team's trial of the New Orleans Intervention Model.
 
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: 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.

Dispute Resolution: Committal proceedings and legal aid
Elizabeth England discusses an important Court of Appeal case on sentencing for contempt of court where issues are raised in respect of legal aid.

Dispute Resolution: Privilege revisited
Helen Simm 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.

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

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.

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.

Governance: Election expenses
The Supreme Court recently considered an important issue around authorisation and declaration of election expenses. James Goudie QC examines the outcome.

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.

Health: ICS and Place
Esther Venning and Jenna Wong examine how health bodies and local authorities can navigate the governance challenge around integrated care systems and place-based commissioning structures.

Housing: 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 report.

Housing: Key changes to residential landlord and tenant law
Mathew McDermott picks out some important changes and events in the residential landlord and tenant field coming into force this month.

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: Information law roundup
Sarah Thorley rounds up recent developments that those dealing with information law in the public sector should be aware of.

Information Law: Costs and vexatiousness
Christopher Knight sets out the key points from recent Upper Tribunal rulings on freedom of information, vexatiousness and costs.

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.

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.

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: Legislation not the 'agent of change'
Ralph Kellas 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.

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 report.

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.
 
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.

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.

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
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 reports.

Property: Residential extensions and CIL
Action needs to be taken over exemption for residential extension from the Community Infrastructure Levy, writes Christopher Cant.

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.

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.

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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Greenwich Council
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Legal Services Lincolnshire
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