Council calls for new powers to discipline councillors
Make the most of the latest opportunities on Public Law Jobs:
LOOKING FOR A TRAINING CONTRACT? Hackney is recruiting a Trainee Solicitor.
- MId Sussex District Council: Senior Lawyer (to £39,177).
- Lincolnshire County Council: Lawyer - Information Governance (£33,437 - £37,306).
- Kettering Borough Council: Head of Legal & Democratic Services (c£72,000) and Legal Services Manager (c£55,000).
- Brighton & Hove: Lawyer - Contracts and Procurement.
- Manchester: Senior Lawyer - Children and Families (£37,306 to £40,057 - bar at £41,025 - pa).
- Havant and East Hampshire: Local Government Solicitors x2 (to £40,298 + benefits)
- Sevenoaks: Senior Legal Officer - Contracts, Procurement and Land Transactions (£32,186 - £35,123).
Thurrock Council writtes to Communities Secretary Sajid Javid requesting legislation for a new ‘Right to Recall’ councillors in the event of significant conduct or ethical breaches
PCC requests control of fire service after consultation shows support
Northamptonshire’s police and crime commissioner asks Home Office to allow him to take over the county’s Fire and Rescue Service
Council joins JR of school over sixth form exclusions
London Borough of Bromley joins judicial review as interested party over actions of a school said to have excluded pupils from their final year when they scored insufficiently high exam marks
Cornwall compensates autistic former pupil for "educational neglect"
21-year-old man accepts £165,000 in compensation and costs from Cornwall Council in out-of-court settlement after claiming he suffered educational neglect
Court summons social services director over accommodation failure
The London Borough of Southwark’s social services director ordered to appear before judge after the council could find no suitable accommodation available for “troubled and dangerous” teenager
Digital bundling & court presentation software now includes video streaming.
CaseLines, the world’s leading solution for evidence management and courtroom presentation announces that its latest innovations are available from today on G-Cloud 9, the Crown Commercial Service procurement framework. The latest release now includes a world first; one-click video streaming, in court, of pre-recorded evidence. Users can now add video in any format as easily as they could add a page of paper evidence. Once in CaseLines, lawyers can add comments, tab interesting points in the video, and launch the video with a single click in the courtroom. CaseLines can stream video from any source including body worn video, CCTV or pre-recorded evidence from children or other vulnerable witnesses. Read more...
London borough fires gun on procurement of £25m legal services panel
Lambeth unveils plans for a legal services framework worth an estimated £25m over four years which will be open to other London local authorities (On Public Law Today
Decision by BUPA to sell some care homes to another operator “unlawful”, says council
BUPA’s plans to sell some of its care homes to HC-One are unlawful and could be subject to legal challenge, leader of Powys County Council claims
Waste authority axes PFI contract, says procurement regulations stop delivery of savings
Greater Manchester Waste Disposal Authority (GMWDA) terminates its Recycling and Waste Management PFI contract, saying that “constraints within the new EU Procurement Regulations (2014)" mean that the savings identified cannot be taken forward through the existing contractual arrangements.
Emphasis on processes rather than outcomes undermining disabled rights: report
Actions by local authorities and the NHS aggravate the negative effects of government policies, a coalition of deaf and disabled people’s organisations claim
|APPLY TODAY: Some closing dates are imminent:
MORE GREAT JOBS: Don't miss out, apply today:
SIGN UP TO RECEIVE JOB ALERTS
- Tameside: Pension Fund Legal Assistant Compliance Officer (£29,323 to £32,486).
- Thurrock: Children's Safeguarding Lawyer (£29,691 to £38,769) and Childcare Lawyer (£29,691 to £38,769).
- Cherwell/South Northamptonshire: Solicitor - Property (to £42,907).
- HB Public Law: Legal Assistant - Commercial.
- Tri-borough Shared Legal Services (Kensington & Chelsea, Hammersmith & Fulham, Westminster): Senior Solicitor Advocate - Commercial and Civil and Contracts and Procurement Solicitor (both roles to £53,088).
- Leicester: Lawyer - Child Care (to £40,057), Legal Officer - Adult Social Care and Paralegal - Social Care and Safeguarding.
- West Sussex: Childcare Lawyer (£34,358 - £46,980)
- Herefordshire Council: Senior Children's Solicitor X4 ( £36,019 - £39,660 per annum
Plus Market Forces Supplement of £15,000), Children's Solicitor (£31,601 - £35,444 pro rata)
MORE NEWS STORIES
Court approves move of Christian girl from Muslim foster parents
Judge urges councils to seek “culturally matched placements” for vulnerable children after approving a request by Tower Hamlets council to move a Christian looked after five-year-old girl from Muslim foster parents to her grandmother’s care
ICO fines council for leaving vulnerable people’s personal information exposed online for five years
Nottinghamshire County Council fined £70,000 by the Information Commissioner’s Office (ICO) for leaving vulnerable people’s personal information in an unprotected online directory
LGO criticises London council after woman left in unsuitable temporary accommodation for too long
Delays by the London Borough of Lambeth left a woman fleeing domestic violence with her autistic child in unsuitable bed and breakfast accommodation for nearly two years, Local Government and Social Care Ombudsman (LGO) finds
Anti-fracking campaigners go to Court of Appeal
Court of Appeal starts hearing fresh attempt by an anti-fracking campaigners to overturn decision allowing exploratory hydraulic fracturing at the Preston New Road site near Blackpool
See all of our most recent news stories
Leading public law QC moves to Landmark Chambers
London borough fires gun on procurement of £25m legal services panel
This week's analysis
Are housing associations public or private?
Catherine Rowlands looks at some of the issues that arise around the status of housing associations.
Good governance in a 'commercial council'
As more and more authorities are following the ‘commercial council’ model, Richard Auton and Kate Webster outline and evaluate the risks that come with the rewards.
The wages of sin is: the ability to rely on Section 12
Christopher Knight analyses a recent freedom of information case on costs limits and public authorities' record-keeping.
Free-standing sustainable development assessment a mistake
A Planning Court judge has set out propositions for cases involving paragraph 14 of the National Planning Policy Framework. Roy Pinnock highlights some of the key observations.
Dwellings and protection from eviction
A High Court judge has recently considered whether an appellant occupied a property as a ‘dwelling’ and whether a notice to quit was valid. Toby Vanhegan explains the outcome.
The Asset of Community Value regime and its relationship to planning
Anthony Gill explores the increasing importance of planning considerations in decisions of the First Tier Tribunal.
READ THE FIRST EDITION OF INSIGHT:
Click here for articles including:
Locums and IR35
Geoff Wild interview
Management: Make or buy?
Governance in a commercial council
Time for a new standards regime?
Legal risks and Grenfell Tower
ASB: a practitioner's view
Stephen McNamara in Myanmar
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Treading carefully
The Court of Protection has recently considered the interplay between best interests and the observance of religious practices. The CoP team at 39 Essex Chambers
analyse the judge's findings.
Adult Social Services: The role of the Care Quality Commission
LexisNexis Local Government
, in partnership with Tim Spencer-Lane
, sets out the role, powers and functions of the Care Quality Commission (CQC).
Adult Social Services: Litigation capacity under the spotlight
The Court of Protection team at 39 Essex Chambers
examine a recent case where the law relating to litigation capacity was applied in practice.
Adult Social Services: ADULT SOCIAL CARE 2017 SUPPLEMENT
– including the findings of our exclusive survey of 56 local authority adult care lawyers. In association with LexisNexis, the publication also looks at the impact of the Care Act 2014, the Law Commission’s proposed replacement for the Deprivation of Liberty Safeguards, the challenges of health and social care integration, how to tackle bed blocking and much more.
Children: Relinquished babies and notification of family members
When it comes to relinquished babies, when does a local authority not have to notify extended family members? Kieran Coleman
Children: Age assessment and withdrawal of support
A judge has considered the lawfulness of a council’s policy of withdrawing services from someone claiming to be an unaccompanied child asylum seeker at the same time as giving summary reasons for its decision that they were not under 18. Joshua Swirsky
Children: Placement for adoption and procedural fairness
A recent High Court ruling that quashed a placement for adoption makes important reading for all local authorities, writes Sarah Tyler
Children: The continuing duty under s.17 Children Act 1989
examines a recent Administrative Court ruling on whether a council had complied with its duty under s.17 Children Act 1989.
Children: Managing professional differences for children’s safeguarding decisions
looks at the important role escalation processes play in safeguarding children and young people.
Children: The Children and Social Work Act 2017
looks at the impact on local authorities of the significant changes to be introduced by the Children and Social Work Act 2017.
Dispute Resolution: Direct action and injunctions
Protestors have been stopped from preventing a tree-felling programme run by Sheffield City Council. Yaaser Vanderman
sets out the judge’s reasoning for granting an injunction.
Dispute Resolution: The prosecution powers of local authorities
examines a recent Court of Appeal ruling following an attempt by a council to bring a prosecution for legal aid fraud and asks what lessons can be learnt by local authorities.
Dispute Resolution: No more QOCS cherry picking
The Court of Appeal has shut the door on Qualified One-way Costs Shifting (‘QOCS’) cherry picking, writes Adam Burrell
Dispute Resolution: Potholes galore!
reports on a Court of Appeal ruling in a case where a jogger injured himself in a pothole.
Dispute Resolution: ADR and unreasonable refusal
A recent Court of Appeal decision demonstrates an unexpected approach to the costs consequences of refusing to mediate. Gwendoline Davies
and Lynsey Oakdene
explain and offer their practical advice.
Dispute Resolution: Duties in relation to falls causing serious injury
Following the judgment of the Court of Appeal in Edwards v Sutton London Borough Council
the Courts have again considered the question of the duties of occupiers and highway authorities in relation to a fall causing serious injury. Lea Brocklebank and David Williams report.
Dispute Resolution: Affordability after Well-Managed Highway Infrastructure
examines a key concept being introduced to Well-Managed Highway Infrastructure - affordability.
Education: Universities and the Prevent Duty
The High Court has ruled on a legal challenge over the Prevent Duty guidance issued to higher education institutions. Paul Bowen QC
and Zahra Al-Rikabi
explain the outcome
Education: The status of city technology colleges
The Administrative Court has ruled on the status of city technology colleges for the first time. Leon Glenister
explains the outcome.
Education: SENDIST and local authorities
LexisPSL Local Government
, in partnership with Shazia Akhtar
of Hardwicke Chambers, look at the role and procedures of the Special Educational Needs and Disability Tribunal (SENDIST), and set out the issues of which local authorities should be mindful.
Education: Mergers in the further education sector
Mergers between further education colleges are becoming increasingly common. Caraline Johnson
explains what can help make a combination successful.
Education: Getting schooled by the Supreme Court
The Isle of Wight Council, backed by the Government, recently won a high-profile appeal to the Supreme Court in a case on unauthorised school absence. Alexander Campbell
analyses the judgment.
Employment: Have you considered alternatives to suspension?
The High Court has held that by automatically suspending a teacher, a school had acted in breach of contract entitling the teacher to resign and make a claim for wrongful dismissal. Harmajinder Hayre
examines the ruling.
Employment: Voluntary overtime and holiday pay
considers a recent Employment Appeal Tribunal (EAT) judgment - involving a local authority and members of its place directorate - that concerns the inclusion of voluntary overtime normally worked in calculating holiday pay.
Employment: EU citizens working in the public sector
How will the rights of those EU citizens working in the public sector be affected after Brexit? Judith Hockin
Employment: Goodbye Grayling’s Employment Tribunal fees
analyses the Supreme Court's ruling that the Government's introduction of fees in employment tribunals was unlawful, and considers the justices' comments in relation to indirect discrimination.
Employment: Testing beliefs: whistleblowing and 'public interest'
looks at a recent Court of Appeal case on defining a whistleblower's belief that their disclosure is in the 'public interest'. How 'public' does the 'interest' need to be?
Employment: Reference ruled discriminatory
An employment tribunal has ruled that a reference given by an employer was unfair and amounted to disability discrimination and victimisation. Harmajinder Hayre
Employment: Dismissing senior public servants and officers
sets out the lessons to be learned from a judicial review of the dismissal of a chief constable.
Employment: The Taylor Review into 'gig' working
Matthew Taylor's much anticipated report on modern employment practices has been published this week. Sarah Maddock
sets out the key findings.
Governance: The Annual Governance Statement
Dr Paul Feild
of BDT Legal
outlines recent key changes to the Annual Governance Statement requirements and provides guidance on structure and content.
Governance: Local authorities and the Modern Slavery Act 2015
Is your authority compliant with the Modern Slavery Act 2015? Raj Shah
outlines what you need to know.
Governance: Property held on trust and liability for council tax
If a property is held on trust, who has liability for council tax, the trustees or the beneficiary? The LexisPSL Local Government
team, in partnership with Kevin Long
of Hackney Community Law Centre, consider the issue.
Governance: Standards and investigating councillor misconduct
The High Court has dismissed a challenge to a council standards procedure. James Goudie QC
, Peter Oldham QC
and Ronnie Dennis
set out why.
Governance: Councillors, council tax arrears and FOI
looks at how local authorities have responded when faced with FOI requests asking for the names of councillors in arrears over their council tax.
Governance: The impact of becoming British on EU rights
An Advocate General has recently concluded that becoming British does not mean the end of an EU citizen’s EU rights. George Peretz QC
Health: Putting yourself in the shoes of P
The Court of Protection team at 39 Essex Chambers
analyse a case of standing in the shoes of P in a difficult decision as to cancer treatment.
Health: Deprivation of liberty on discharge: conditional discharge and CTOs
The Court of Appeal has handed down an important ruling in relation to deprivations of liberty, conditional discharge and community treatment orders. Louise Wilson
analyses the judgment.
Highways: Outsourcing highway maintenance
examines the challenges of outsourcing highway maintenance in the new world of a ‘risk-based approach’.
Housing: Unlawful subletting and the abuse of social housing
A High Court judge has overturned a suspended possession order and given unprecedented guidance on unlawful profits orders. Dean Underwood
and Liam Wells
explain the ruling.
Housing: Fire safety and decanting
The High Court has this month considered a legal challenge brought by a tower block resident after her temporary accommodation was ended on the completion of fire safety works. Helen Tucker
and Baljit Basra
examine the case.
Housing: The benefit cap and lone parents with children under two
The benefits cap was slammed by Mr Justice Collins as operating to unlawfully discriminate lone parents with children under the age of two. Rachel Coyle
Housing: Local authority housing company funding: no one size fits all
sets out some of the key considerations when local authorities fund wholly-owned housing companies.
Housing: Homelessness appeals and dependent children
discusses a court’s decision that a homelessness appellant’s children could not count as ‘dependent children’ because they were not 18 years of age or under.
Housing: Local authority employees, tied accommodation and Article 14 challenges
The High Court has rejected an Article 14 challenge regarding security of tenure for local authority employees occupying ‘tied accommodation’. Andrew Lane
and Tara O'Leary
Housing: Preference for existing social housing tenants
A High Court judge has ruled that a London borough's housing allocation scheme preferring existing social housing tenants was not unlawfully discriminatory, but that the operation of a system of direct offers was unlawful. Christopher Baker
and Richard Granby
Information Law: GDPR and employee surveillance
looks at the challenges for local authorities around employee surveillance and the prospect of GDPR.
Information Law: Don’t mention the bigger picture
analyses an important Court of Appeal ruling on 'environmental information'.
Information Law: Subject access requests: the ICO revises its guidance
The Information Commissioner's Office has changed its guidance in relation to subject access requests. Robin Hopkins
sets out the key points.
Licensing: S.182 guidance – not the easiest read
looks at Chapter 16 of the section 182 Guidance under the Licensing Act 2003 and notes that anyone who wants guidance on this subject will have to be a patient reader.
Licensing: Licensing fees: the Supreme Court rules
The Supreme Court recently handed down the latest ruling in the long-running battle over the fees payable for licensing sex shops in Westminster. James Goudie QC
sets out the judges’ findings.
Licensing: Summary reviews: sometimes a sledgehammer to crack a nut?
Are expedited reviews the only tools available for dealing with problem premises, or should they be reserved for only the worst-offending premises? Paddy Whur
considers the best approach.
Licensing: A new enforcement strategy at the Gambling Commission
The Gambling Commission has unveiled a new enforcement strategy. Anna Mathias
looks at the key points.
Licensing: Licensing: the negative side of “Positive Partnerships”
Partnership working may be the current preoccupation in licensing but it is not the solution to all its ills, warns Gerald Gouriet QC
Licensing: A spent conviction by any other name
There has been a significant change to the law regarding the convictions and cautions that can be taken into account when assessing whether someone is 'fit and proper' to hold a Hackney Carriage / Private Hire driver licence, which is leaving councils in the dark and unable to have regard to the totality of a person's criminal conduct, writes Tim Briton
Management: Have your cake, eat it … and lose weight
Who do local authority clients prefer to work with, in-house lawyers or external law firms? Geoff Wild looks at the relative attractions.
Planning: New cases, old law: Verdin, Cumberlege
reports on two significant rulings this month that will be of interest to planning practitioners.
Planning: At your discretion?
Dr Sue Chadwick
examines recent cases on the scope and limits of decision making in planning.
Planning: Varying planning permissions and failure to consult
The High Court recently quashed a variation of a planning permission over a failure to consult. Jack Parker
Planning: Local authorities and DCOs
and Jane Wakeham
analyse the role of the local authority in the Development Consent Order process.
Planning: The Court of Appeal on the presumption in favour of sustainable development
The Court of Appeal has resolved conflicting judgments on paragraph 14 of the National Planning Policy Framework and the presumption in favour of sustainable development. Gwion Lewis
Procurement: Service level agreements and KPIs
The Court of Appeal has found minimum performance level examples and key performance indicators (KPIs) in a service level agreement with a housing association to be contractually binding. Karl Anders
and Ben Sheppard
review the decision.
Procurement: Stay on entering into contract
A High Court judge has recently considered a NHS trust's application to lift an automatic suspension on the award of a managed services contract in respect of pathology services. James Goudie QC
sets out the key lessons.
Procurement: Consortium bidding in public procurement - examining the opportunities and the risks
This LexisPSL Public Law
analysis by Peter Ware
and Jennifer Grigg
of Browne Jacobson LLP
examines the opportunities and risks of consortium bidding in public procurement.
Procurement: Managing public procurement claims in the TCC
HM Courts & Tribunals Service is due to issue guidance for lawyers bringing complex public procurement claims to the Technology and Construction Court (TCC). As we await publication of the updated TCC Guide, Will Thomas
and Peter Ware
look at what the new protocol on public procurement cases will mean in practice.
Projects: The pitfalls of contractual joint ventures
looks at some of the opportunities and pitfalls of joint ventures.
Property: Predecessor bodies and liability for contaminated land
A Court of Appeal judgment has wide ramifications for local authorities in relation to their liabilities under the contaminated land regime, writes Anna Fellows
Property: Public rights over public spaces
of Durham County Council reports on a rights of way order decision concerning a definitive map modification application over a public park owned by the local authority.
Property: The scope of “highway” for GLA Roads vesting
The Court of Appeal has determined the scope of “highway” for GLA Roads vesting. David Elvin QC
reports on a successful appeal by two councils.
Property: Break clauses – beware of vacant possession
examines an important High Court ruling for public sector tenants and landlords on break clauses and vacant possession.
Property: TVGs and correcting defective applications
examines the outcome of a challenge by a Cambridge college to a county council's decisions in relation to a defective application to register a town or village green.
Property: The significance of heritage assets
The Planning Court has considered the correct interpretation of a paragraph of the National Planning Policy Framework on heritage assets for the first time – and has rejected the "literal meaning" of the Framework, writes Emma Dring
Property: Relevant defects: functionality is not the test
The Court of Appeal recently considered whether the freeholders of a building were potentially liable under section 4 of the Defective Premises Act 1972 for injuries sustained by a man who fell down its stairs. Matthew Hyam
and Simon Jones
examine the outcome.
Regulatory: Seeing through the smog
How can local authorities interpret DEFRA’s Clean Air Zone Framework in compliance with the law? Anna Heslop
looks at the background and an important legal test.
Regulatory: Eradicating hazards
The Court of Appeal has considered who should be served with improvement notices and what should be contained in them. Michael Paget
examines its guidance.
Regulatory: Confiscation orders and S.10A POCA
examines the role of section 10A of the Proceeds of Crime Act 2002 in the enforcement of confiscation orders – a useful tool for local authorities to get it right first time.
Transport & Highways: The Bus Services Act 2017
looks at major changes in the bus industry following the introduction of new legislation, and considers the opportunities they bring for local authorities.