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RARE OPPORTUNITY: District Law is recruting for a Chief Legal Officer (to £90,000) serving Kettering Borough Council. BOOST YOUR CAREER: Essex is recruiting: Supervising Associate Solicitor - Corporate and Commercial (to £60,000). See also: Litigation Lawyer (£45,450).

Fire authorities lose legal bids to stop PCC takeovers

Fire authorities in Peterborough and the West Midlands have lost a combined judicial review of the Home Secretary’s decision to allow their respective Police and Crime Commissioners (PCCs) to take over responsibility for the governance of their local fire and rescue services
Guildford councillors’ vote £20K for local plan review
Guildford Borough Council has voted to spend up to £20,000 on appointing a Queen’s Counsel to give a second opinion on whether its local plan is sufficiently robust in the event of it being challenged in the High Court
Leak of £22m council regeneration scheme documents referred to police
North Yorkshire Police are investigating a leak of Council documents which revealed plans by Scarborough Borough Council to borrow £22 million to fund a regeneration scheme
Aarhus cost cap applies at all stages of environmental claims: CoA
The cost cap on cases brought under the Aarhus Convention can be applied at any stage of a claim and costs may be divided between the parties involved, the Court of Appeal has ruled
Complaints down but investigations and remedies up: LGO Annual Review
Complaints to the Local Government and Social Care Ombudsman (LGO) fell by 4% to 16,899 in 2018/19, but cases brought forward for investigation rose by 5% and remedies issued jumped by 11% as complaints become more complex according to the Ombudsman’s Annual Review of Complaints
Local government lawyer salaries up just 3% as number of vacancies rockets
Average local authority salaries rose by just 3% in 2018 despite a 50% rise in vacancies, according to figures from Local Government Lawyer’s dedicated jobs board, Public Law Jobs
High Court grants permission to challenge school’s daily act of Christian worship
The High Court has granted a judicial review to a couple concerned that their children were not being offered an adequate alternative to a daily act of worship at their school assemblies

MUST-READ: Forced academisation of schools - is resistance futile?

What are the circumstances which lead to a school being forced to become an academy, and is there anything that can be done to stop it happening? Katie Michelon provides an overview of the forced academisation process, and explains the options available to schools, parents and local authorities when faced with the possibility of an Academy Order.
BOOK NOW: - On demand. Covering recent key cases in procurement, risk allocation advice and when to use different delivery vehicles in contracts for projects.

Cambridgeshire and Peterborough Combined Authority is hiring: Legal Counsel and Monitoring Officer (to £84,000) and Lawyer x2 - 1 to act as Deputy Monitoring Officer (to £70,514 + 10% for Deputy MO role). LOOKING FOR A TRAINING CONTRACT? Warwickshire are hiring.

Developer fails to convince High Court that CJEU decision was “wrong”
The High Court has dismissed a developer’s claim that a decision in the Court of Justice of the European Union (CJEU) was wrong and that its own case should therefore be referred to it for clarification
Council seeks to overturn gagging order following change of political control
One of three councils that signed gagging orders with Highways England over the Oxford-Cambridge Expressway project has said it will reconsider the issue, and two now oppose the project outright
CCGs defeat court bid to stop NHS reorganisation
Two clinical commissioning groups (CCG) have hailed a written judgement as vindicating a controversial service reorganisation in South Tyneside and Sunderland, although campaigners have warned they plan to appeal
Redditch hit with s24 notice over budget fears
Redditch Borough Council has admitted it faces “tough decisions” after auditor Grant Thornton took the unusual step of issuing a section 24 notice warning that the council may be unable to set a balanced budget
Court of Appeal allows possession despite landlord’s failure to carry out a PSED assessment
A housing association has been granted possession of a property despite not undertaking an assessment under the Public Sector Equality Duty (PSED) before issuing the claim for possession because the outcome would have been no different had it done so, the Court of Appeal has ruled
Planners ignoring new curbs on destroying ancient woodland says Woodland Trust
The Woodland Trust has claimed that the destruction of ancient woodland for development has continued largely unabated despite changes to the National Planning Policy Framework (NPPF) in July last year which stated that development should be refused unless there are ‘wholly exceptional’ circumstances, such as large infrastructure projects
High Court upholds councils' decisons not to provide family with housing and subsistance support
The High Court has granted a judicial review to a couple concerned that their children were not being offered an adequate alternative to a daily act of worship at their school assemblies

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The Sheriffs OfficeHigh Court enforcement for local authorities
High Court enforcement services can be useful for local authorities in several circumstances. The Sheriff's Office outlines the main occasions when councils may need to use enforcement services and the procedures they will need to follow when they do (sponsored editorial).

Judge warns against legalistic interpretation of the NPPF
A High Court judge has warned against attempts to make excessively legalistic interpretations of the National Planning Policy Framework (NPPF) in disputes over grants of planning permission
Council wins court battle over "sham" business rates documents
The High Court has found in favour of Sheffield City Council in a dispute over a £62,514 business rates bill that involved “untrue” and “nonsensical” documents
Court finds for tenant over possession of under-occupied property
The Court of Appeal has clarified the law over when a council should serve a notice seeking possession from a resident who has succeeded to a tenancy
Junior doctors win "significant victory" in rest breaks appeal
Junior doctors in Derby have won a 'precedent setting' Court of Appeal case over the monitoring of rest breaks
See all of our most recent news stories
Boost your career: Firm foundations
Are you intrigued about working in local government but hesitant to take the plunge? Real estate lawyer Matthew Dineen explains how he overcame his initial doubts and never looked back.

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CALLING ALL PLANNING LAWYERS: :  Find out more about this and other superb roles - SIGN UP TO RECEIVE JOB ALERTS: PRIVATE PRACTICE: Sharpe Pritchard: Senior Associate - Planning, Data and IT Solicitor Part-Time, Legal Executive - Compulsory Purchase Orders and Legal Internship (12-month fixed term).

TOP LOCUM ROLES: Planning Lawyer (East Midlands), Locum property lawyer (East of England), Commercial Contracts Lawyer (Leeds).

High Court upholds councils' decisons not to provide family with housing and subsistance support
Two London boroughs acted correctly in when they made assessments that led them to decide not to provide a family with accommodation and subsistence under section 17 of the Children Act 1989
Council prosecutes tenant for sub-letting council flat on Airbnb
A council tenant has been fined more than £100,000 after being prosecuted by Westminster Council (WCC) for illegally renting his council flat to short-term tenants through the holiday lettings website Airbnb
Wait times for Employment Tribunal claims have risen for the fourth year in a row to an average of 237 days
The average wait time for employment tribunal (ET) claims has risen again this year to an average of 237 days between employment tribunals receiving a claim and a hearing taking place
Dorset healthcare campaigners denied fresh judicial review of NHS reorganisation
Campaign group Defend Dorset NHS has been refused a second judicial review of plans by the Dorset Clinical Commissioning Group to re-structure NHS service in the county
The Great Bundle Takeaway Debacle
On 4 April 2019 new rules came into effect for the removal of court bundles in what’s now earned the name of “The Great Bundle Takeaway Debacle.” The debate itself is notable for how little of it is focused on a digital solution...(Sponsored editorial)

Local government lawyer salaries up just 3% as number of vacancies rockets
TLT hails public sector appointments as driver for growth in 2018/19
General Optical Council names three firms to £500k legal services panel

FEATURED BOOKS: The Law of Compulsory Purchase (Third Edition). An indispensible text.

LOCUM ROLES: Childcare Lawyer (Yorkshire), Adult Care Lawyer (North-East), Locum Childcare Solicitor - Outside IR35 (East of England), Housing Lawyer (London), Interim Governance Manager (East Midlands), Contracts Lawyer (South-West) and Childcare Lawyer (North-West).

Local Authority Companies – the importance of good governance

James Hawkins and Scott Dorling consider the key issues that councils must consider when setting up local authority companies.
Compulsory Purchase and Certificates of Appropriate Alternative Development
The Upper Tribunal (Lands Chamber) has recently heard an appeal against a certificate of appropriate alternative development issued by a planning authority. Brendon Lee reports on the ruling.
State aid, MEOP and district heating
Karl Edwards analyses a recent ruling that gives guidance on applying the market economy operator principle to district heating schemes.
Planning obligations, judicial review and statutory challenges
The High Court has quashed the grant of planning permission in a case involving a mosgue in Brent. Charles Streeten explains why.
Approaches to local housing need
National policy regarding the ‘Standard Method’ has recently been dis-applied in Central Bedfordshire, writes Alexander Booth QC.

Catch up on recent articles on Local Government Lawyer and Public Law Today:
Capacity and sexual relations - trying to make it personal
Alex Ruck Keene analyses the latest Court of Protection ruling on capacity and sexual relations.
Appointing personal welfare deputies
David Rees QC analyses an important Court of Protection decision on the appointment of personal welfare deputies.
Sex, social media and 'silos'
The Court of Appeal has handed down an important ruling on capacity to make decisions on using social media, on consent to sexual relations, and where to reside. The Court of Protection team at 39 Essex Street report on the judgment.
Liberty Protection Safeguards – a new frontier or further difficulties
The Mental Capacity (Amendment) Act 2019 received Royal Assent earlier this month. Matthew Angus and Amanda Mead examine its key provisions and how they will affect local authorities, health bodies and other organisations.
The High Court’s inherent jurisdiction for the protection of vulnerable adults
A recent ruling highlights the wide and largely unfettered nature of the power to grant injunctive relief under the High Court’s inherent jurisdiction for the protection of vulnerable adults and the difficulty surrounding the issue of how the balance should be struck between protection of a person on grounds of vulnerability and respect for their autonomy, writes Bethan Harris for LexisPSL Local Government.
Firm foundations
Are you intrigued about working in local government but hesitant to take the plunge? Real estate lawyer Matthew Dineen explains how he overcame his initial doubts and never looked back.
Home truths
What is it like to work as an in-house solicitor for a registered provider for social housing or housing association? Radian’s Scott Greenwood sets out the attraction and advantages, how the sector differs from private practice and how the transition can be made by those who may be considering a move.
Social workers express concern at possible breaches of confidentiality in reporting of family courts
British Association of Social Workers welcomes clarification provided by President of Family Division’s guidance on reporting in family courts, but says it remains concerned about potential for children to have their confidentiality breached; BASW also mindful of need and right to privacy of others, including birth parents, siblings foster carers, extended friends and family and professionals.
NAI: who should be in the pool of perpetrators?
Tom Harrill considers a recent Court of Appeal ruling on who should be included in a pool of perpetrators.
Special guardianship - interim guidance
Elisabeth Richards considers the recent interim guidance from the Family Justice Council on the management of special guardianship orders.
Impasse! Where the court and the local authority disagree on the care plan
The Court of Appeal has recently revisited the problem of where the court and the local authority disagree on the care plan. Rebecca Cross examines the judgments.
Home or away?
Katherine Illsley outlines how a local authority should approach the situation where a parent to be assessed for the purposes of public children care lives in another jurisdiction.
How should the courts approach cases with an ‘open’ pool of possible perpetrators?
Chris Stevenson, examines the Court of Appeal’s decision in Re B (children: uncertain perpetrator) to allow a father’s appeal against a Family Court judge’s finding that he was within a pool of possible perpetrators responsible for sexually transmitting gonorrhoea to three of his children (registration required).
PSPO challenges and legal aid
Human rights organisation Liberty has failed to secure legal aid for a challenge to a public spaces protection order. Kuljit Bhogal explains why.
Deprivation of liberty - the limits of the inherent jurisdiction
A High Court judge recently rejected the use of the court’s inherent jurisdiction to protect 17-year-old gang member. The Court of Protection team at 39 Essex Chambers explain why.
All is fair in love and war
Is there a duty to inform the opposing party of its mistakes? Camilla Draycott looks at the lessons to be learned from a Court of Appeal ruling.
Digital litigation and the public sector
Digital litigation will create new opportunities for the public sector, but there will be challenges along the way. Jenny Dickson examines recent developmetns in Scotland and their wider implications.
Applying for without notice injunctions
Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans.
Assumption of responsibility – the new battle ground for social care cases
The Supreme Court decision in Poole Borough Council v GN & another addresses key legal principles in relation to when a local authority will owe a duty of care in negligence to children in its areas who are known or suspected to be suffering or at risk of harm. James Arrowsmith and Sarah Erwin-Jones seek to clarify the judgment and anticipate what it means for local authorities and other public bodies.
Ombudsman investigation sees council pay £22k to mother of autistic man who missed most of his secondary education
Payment follows investigation by Local Government and Social Care Ombudsman and is intended to reflect impact lack of support had on man.
Education tribunals and costs
Does your risk management extend to costs which can be ordered by Education Tribunals? John Roberts considers the issues for education authorities.
Handling school admissions appeals
Are you ready for any admission appeals that come your way? Dai Durbridge shares his top tips on how to prepare.
Government to remedy unlawful difference in treatment across range of public sector pension schemes
Government accepts that difference in treatment arising out of 'transition protection' that Court of Appeal identified as unlawful age discrimination will need to be remedied across pension schemes for NHS, civil service, local government, teachers, police, armed forces, judiciary and fire and rescue workers.
Regular voluntary overtime and holiday pay
The Court of Appeal has confirmed that voluntary overtime should be included in the first four weeks holiday pay so long as such payments are sufficiently regular and settled enough to amount to "normal" pay, write Joanne Bell and Nick Chronias.
Unfair dismissal and re-engagement
A Court of Appeal ruling means a re-engagement order does not give an unfairly dismissed employee an actual right to be re-engaged, writes Clive Sheldon QC.
Service models: the hazards of TUPE law
At a time when public sector employers are closely examining whether they have the right service models, Philip Woolham looks at the challenges of managing TUPE law.
Local Government Association issues guide for councillors on protection against intimidation
Local Government Association and its Welsh courterpart have – with assistance of law firm Winckworth Sherwood – published guide for local councillors on how to manage and protect themselves against increasing incidents of intimidation.
Community governance reviews and abolition of local councils
Two parish councils recently succeeded in a legal challenge to their proposed abolition. Chris Brown explains how one of the parishes did it and considers the lessons for public authorities arising from the case.
Court rejects implied duty to report change of address for council tax purposes
Samuel Genen, solicitor at Steel & Shamash, comments for LexisPSL on a Court of Appeal ruling that a failure to notify the local council of a change of address for the purpose of council tax did not constitute a criminal offence under the Fraud Act 2006. (Registration required)
NHS Trusts and apologies
The Care Quality Commission has fined a NHS Trust for failing to apologise. Jake Richards considers the lessons from the case.
Possession proceedings and the public sector equality duty
Annette Cafferkey looks at the lessons to be learned from a High Court ruling in a case where a tenant claimed that a housing association had failed to comply with the public sector equality duty when pursuing possession. (From our latest housing law newsletter)
Housing allocation, religion and unlawful discrimination
Christopher Baker and Rea Murray report on a landmark victory in the Court of Appeal for an Orthodox Jewish, charitable housing association, successfully defending its housing allocation policy against an allegation of unlawful discrimination. (From our latest housing law newsletter)
Social housing: changes to intervention and enforcement
The Regulator of Social Housing is running a consultation on changes to its guidance on intervention, enforcement and use of powers. Sarah Greenhalgh analyses the proposals.
Tenant consultation and housing regeneration
Karl Edwards examines some of the issues local authorities face when consulting tenants as part of a regeneration scheme.
Housing case law: June 2019
Daniel Skinner, Victoria Smith and Claire Hogan-Clark run the rule over the latest court rulings as well as two reports from the Local Government and Social Care Ombudsman. (This article first appeared in our housing law newsletter)
Non-housing benefits, shortfalls and affordability
Mathew McDermott looks at a Supreme Court judgment dealing with the approach to affordability under Part VII Housing Act 1996.
Information Commissioner consults on updated code of practice for data sharing
Watchdog says updated code of practice will address many aspects of new legislation including transparency, lawful bases for processing, new accountability principle and requirement to record processing activities; will also provide good practice for public authorities to help them share data in compliant and proportionate way.
GDPR: one year on
What have we learned from the 12 months that the General Data Protection Regulation has been in force? Ibrahim Hasan reports.
GDPR and enforcement notices
Ibrahim Hasan examines the lessons to be learned from the first two GDPR enforcement notices.
Council to conduct unmet demand survey after court overturns refusal of 13 taxi licences
Borough council to carry out unmet demand survey after Crown Court overturned local authority’s decision to refuse 13 hackney carriage licences.
Court finds judge in Uber licensing case was not biased
Philip Kolvin QC examines for LexisPSL the High Court’s decision in R (United Cabbies Group) v Westminster Magistrates’ Court to dismiss the claimant’s application for judicial review of a district judge’s grant of an operator’s licence for London private hire vehicles to the third interested party, Uber.
Selling local authority legal services
Tiffany Cloynes and Clare Hardy examine how local authorities can go about generating additional income by selling their legal services.
Section 73 TCPA: a guide
Richard Kimblin QC provides a short practical guide to section 73 of the Town and Country Planning Act in the light of a recent Supreme Court ruling involving Lambeth Council.
Solar panels and planning permissions
Climate change policy and legislation meant a council could not ignore the effect of a new development on existing solar panels. Robin Green explains a recent High Court ruling.
The consistency principle and quashed decisions
Does the consistency principle apply to a previously quashed decision? Andrew Parkinson considers a recent High Court ruling.
Caution for new, noise- sensitive developments
Recent case law highlights how the agent of change principle, in the revised National Planning Policy Framework, may be applied in challenging planning decisions. Gary Soloman outlines the key points from the cases.
Chickens**t EIA
The Court of Appeal recently quashed the grant of planning permission for a poultry-rearing facility on the basis of an incomplete and unlawful Environmental Impact Assessment. Simon Ricketts looks at the lessons from the judgment.
Appropriate assessment and People over Wind
A High Court judge has handed down an important ruling on use of discretion, the appropriate assessment regime and risk taking in s.106 obligations. Mark Lowe QC and Robin Green analyse the judgment.
Court refuses to keep Circle in suspense
The High Court recently lifted the automatic suspension of the award of a contract for medical services in Nottingham. Jenny Beresford-Jones looks at the lessons to be learned from the case.
Excluding tenderers
The Court of Justice has considered discretionary grounds for the exclusion of tenderers. Tim Care and Melanie Pears examine the judgment in a row over a school catering procurement.
Abandoned procurements and legal challenges
A recent judgment dealt in detail with the implications of abandonment of a procurement and the effect of an abandonment decision on an existing claim. Deborah Ramshaw reports.
How to evaluate social value in public procurement
The concept of social value in public procurement is well known. However, despite its introduction in 2012, there is relatively little practical guidance on how to apply social value in procurement procedures.
Stephanie Rickard looks at recent government guidance on how social value should be taken into account in the award of contracts.
Setting local authority companies up for success
Rob Hann provides some practical tips for local authorities setting up local authority companies.
New guidance on outsourcing and contracting with the private sector
The Outsourcing Playbook provides guidance on outsourcing and contracting with the private sector. Nat Avdiu looks at the different policies, and how they can be a useful tool for both central and local government professionals.
Council obtains temporary injunction to protect 158 sites in borough from illegal encampments
Reigate & Banstead secures temporary High Court injunction to prevent illegal encampments on 158 sites; will seek final order in November.
Transfer agreements and overage payments
A local authority recently succeeded in a summary judgment application in relation to overage payments due under a transfer agreement. Lina Mattsson explains how.
Redevelopments and rating
The Upper Tribunal has clarified the law on rating of buildings undergoing redevelopment. Dan Kolinsky QC and Luke Wilcox analyse the ruling.
Costs and Telecommunications Code disputes
Matthew Lake looks at the implications for property owners of a significant Upper Tribunal costs ruling following a Telecommunications Code dispute.
The changing landscape of local authority Trading Standards prosecutions?
Richard Heller considers for LexisPSL Local Government the potential impact the case of Qualter and others v Crown Court at Preston [2019] could have on the way regional Trading Standards services investigate and prosecute criminal offences. (registration required)
The definition of "commercial practice"
A recent Divisional Court ruling on unfair commercial practices will be of significant interest to trading standards teams across the country, writes Tony Watkin.
Highways maintainable at public expense
If a highway authority built a highway, it is highway maintainable at public expense. Matthew White reports on a significant High Court ruling for local authorities.
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City of Westminster Council
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Reading Borough Council
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Wigan Council
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Ealing Council
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Warwickshire County Council
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Cambridgeshire & Peterborough Combined Authority
Cambridgeshire and Peterborough Combined Authority
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Southampton and Fareham Legal Services Partnership
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Lawyer - Planning & Highways
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Lawyer - Adults Social Care
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Lawyer – Children’s Social Care & Safeguarding
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Leicester City Council
Leicester City Council
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