Court of Appeal to hear case over whether planning challenge was out of time
Applicant secures permission from Court of Appeal to argue that his challenge in planning case was not brought out of time, after missed train and friend being stopped from entering RCJ. Lord Justice Hickinbottom said issue affects not just section 288 claims, but variety of proceedings where there are strict time limits
Greggs and Government withdraw appeals in 'Primary Authority' case
Bakery group and Department for Business, Energy and Industrial Strategy halt their appeals over High Court ruling that incorrect advice was given under ‘Primary Authority’ scheme.
Muslim man with learning difficulties need not fast, be shaved during Ramadan
Man with severe learning difficulties need not observe Ramadan fast or be shaved in accordance with religious practice, Court of Protection judge rules
Ombudsman criticises council for "systemic fault" in care home charging
Local Government and Social Care Ombudsman criticises council for “systemic fault” in its charging policy for care homes that could have affected number of people in its area. LGO says many local authorities still getting issue wrong
Council hit with £100k fine after cyber attack during IT outsourcing
City council considers appeal after being hit by £100,000 monetary penalty from ICO. Employees’ personal information were left vulnerable to cyber attacker who exploited flaw in authority’s website
Council nets order banning visits to student house after party complaints
Borough council secures enforcement order banning anyone from visiting house occupied by students who have been subject of noise nuisance complaints over loud parties
MUST-READ: The Court of Appeal on certificates of lawfulness
In a case involving a basement development next to the French Embassy, the Court of Appeal has clarified the law relating to certificates of lawfulness of proposed use or development, write Tom Cosgrove QC
and Robert Williams
Councils win 3-year extension to district-wide ban on unauthorised camps
Harlow and Essex obtain three-year extension to injunction which bans Travellers from setting up unauthorised encampments across Harlow
Council to appeal ruling on taxi company and cross-border bookings
Borough to appeal judge's dismissal of its prosecution of taxi company over cross-border bookings and use of automated booking system
Borough in independent review of election following adverse coverage
Newcastle-under-Lyme calls in Association of Electoral Administrators to conduct independent review of Parliamentary election last week
Council apologises after errors in number of votes declared for constituency
City apologises after it emerged that final number of votes declared for constituency was incorrect, with more than 6,000 left out in error
The Solution to IR35
Law On Demand
Locum lawyers have consistently been the solution for local authorities in times of increased workload or staff shortages. And as most working in local government will know, from April 2017, IR35 is changing. This has now created a dilemma for many local authorities who rely on locums to provide additional support. Read more...
Solicitors Regulation Authority to change "complex, onerous" Handbook
Watchdog to introduce raft of changes to its Handbook after admitting it was “long, complex, onerous and costly to apply”
Zoo owner applies for judicial review of approach by council to licensing
Founder of zoo applies to take Barrow Borough Council to judicial review over its licensing of South Lakes Safari Zoo, it is reported
ECHR extends interim measure on continued treatment of Charlie Gard
European Court of Human Rights calls on Government to continue providing Charlie Gard, baby suffering from rare genetic disease, with treatment and nursing care until 19 June as interim measure. Supreme Court had refused parents’ permission to appeal High Court ruling allowing doctors to withdraw treatment
Prosecution led by HB Public Law sees director jailed for fraudulent trading
Roofing company director jailed for 27 months for fraudulent trading, following prosecution conducted by shared legal service HB Public Law
MORE NEWS STORIES
NI mother and daughter lose Supreme Court battle over abortions in England
Supreme Court – by 3:2 majority – rejects legal challenge brought by mother and daughter from Northern Ireland over ability to receive free abortion in England (On Public Law Today
Council faces enforcement notice over failure to roll out data protection training
Information Commissioner issues enforcement notice against council over its failure to continue to roll out mandatory data protection training
Councillor fails in judicial review challenge over plans for historic tower
Independent councilor fails in legal challenge over proposal to add visitor centre and other amenities to York’s historic Clifford’s Tower
Court hears challenge over planning permission for crematorium
District council waiting on outcome of judicial review of its decision to grant planning permission for crematorium in rural Norfolk
Leigh Day and three of its lawyers cleared at SDT over Iraq claims
Solicitors Disciplinary Tribunal finds allegations of misconduct against claimant law firm and three of its lawyers over handling of Iraq War claims not proved
See all of our most recent news stories
Bircham Dyson Bell bolsters public law with partner appointment
University appoints three law firms to £2.7m legal services panel
This week's analysis
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.
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.
Approaches to the experience of tenderers
and Tim Care
provide an overview of a recent Court of Justice of the European Union decision that offers useful guidance to contracting authorities on the approach which can be taken to tenderers' experience both when creating a procurement specification and when seeking to clarify documents provided by a tenderer.
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.
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
Completed developments in breach of restrictive covenants
An Upper Tribunal decision on restrictive covenants surprisingly saw a court award in favour of a developer who had already built a social housing development in breach of a restrictive covenant. Katie Taylor
Roberts v Johnstone in a time of a negative discount
, Paul Taylor
and David Williams
analyse a recent High Court ruling on the impact of a recent change in the discount rate on a Roberts v Johnstone
claim for accommodation.
BLOGS: Professionalism or mucking in?
“Perception is reality, but it’s the clients' perceptions that we have to address, not our own” - Read Geoff Wild
's latest blog.
SUPPLIER OF THE WEEK: Bristol Legal is a highly regarded innovative team of in-house lawyers providing cost effective legal advice to a range of public sector and not-for-profit sector clients..
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
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: Who guards the guards?
The Court of Protection team at 39 Essex Chambers
examine a recent case on responsibility for monitoring standard authorisations.
Adult Social Services: Funding the Deprivation of Liberty Safeguards
A High Court judge has refused to interfere with Central Government’s alleged underfunding of the Deprivation of Liberty Safeguards regime. James Goudie QC
analyses the ruling.
Children: Section 20 of the Children Act 1989 – local authority duties
LexisPSL Local Government
, in partnership with Claire Cousin
, provide a comprehensive guide to local authorities' duties under section 20 of the Children Act 1989.
Children: Age disputes and interim accommodation
What happens young people whose age is questioned approach a local authority as homeless? Must they be accommodated as children, or can they be accommodated in temporary adult accommodation until their age is determined by the local authority? Jonathan Auburn
Dispute Resolution: Recovering costs – helpful hints (private law)
James E. Petts
sets out some key considerations for local authorities looking to recover their costs.
Dispute Resolution: Bouldering claim falls over obvious risks
The duties of organisations providing sporting activities which include a risk of injury, and the extent to which a participant's acceptance of the inherent risks should impact on a subsequent injury claim, has again been considered by the courts. David Williams
and Richard Rowe
examine the latest case.
Dispute Resolution: Ever decreasing circles
, Andrew Northage
and Robert Starr
analyse the latest case to further limit legal professional privilege. Although a criminal case, it applies equally to civil and regulatory investigations.
Dispute Resolution: The extent of the Court of Protection's powers
The Supreme Court has handed down an important ruling on the limits of the Court of Protection’s powers, writes Ben Zurawel
Dispute Resolution: Historic abuse claims: when is too late?
Six reported cases in three months give clear judicial guidance on when the court should/should not disapply the limitation period, argue Paul Donnelly
and Samantha Chambers.
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.
Education: The Upper Tribunal on Education, Health and Care plans
The Upper Tribunal has issued an important ruling on the education of young people with special educational needs. Tom Tabori
highlights the key findings.
Employment: ‘Sleep-ins’ and the National Minimum Wage
The Employment Appeal Tribunal has provided guidance on sleep-ins' and the National Minimum Wage. Nick Newman
explains its impact on employers.
Employment: Calculating strike pay deductions
If a teacher takes part in lawful strike action, how much pay is their employer entitled to deduct? Phil Allen
looks at a recent Supreme Court ruling.
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
Governance: Election challenges
With the 2017 UK parliamentary general election this week, returning officers and their teams may be considering what options are open to the disgruntled candidate or elector who seeks to challenge the result of an election. Emyr Thomas
Governance: Polling Day and the Count
As 8 June approaches, Mark Heath
reviews issues that may arise on Election Day itself around polling and the count to provide guidance as to how the day should be approached.
Governance: The role of the Returning Officer
examines the legal status of the Returning Officer for those running the General Election on 8 June.
Governance: The widening gap in the law in England and Wales
examines the increasing divergence between the law in England and Wales and considers what this means for local authorities.
Governance: The law behind the General Election on 8 June
sets out where the law can be found underpinning the forthcoming General Election on 8 June and where those running the election or giving electoral law advice should look to find guidance and assistance.
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: Revisiting decisions on eligibility for homelessness assistance
A High Court judge has ruled that a London borough was not entitled to revisit a decision that an individual was eligible for homelessness assistance. Alice Richardson
Housing: Discretionary Housing Payment Policies: Long-term awards and relevant considerations
examines the lessons for local authorities on a key ruling in relation to discretionary housing payment policies.
Housing: Part VII, civil rights and review decisions: Poshteh in the Supreme Court
discusses the recent Supreme Court housing case of Poshteh v RBKC
, addressing the overlap between the Part VII procedure and Article 6 ECHR as well as the discretion given to reviewing officers.
Housing: Contracting out homelessness decisions
examines how issues over local authorities contracting out their homelessness functions continue to rumble on.
Information Law: Implementing the GDPR in the UK: lessons from Germany?
Can we learn from Germany's approach when it comes to implementation of the GDPR this time next year? Robin Hopkins
looks at the lessons.
Information Law: Local government GDPR readiness: good and will get better
Press reports on recent research by the Information Commissioner's Office into councils' preparations for the General Data Protection Regulation suggested a lack of readiness. Ibrahim Hasan
goes behind the headlines.
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
Licensing: Bingo in pubs
In a key judgment, the Court of Appeal has ruled on the power of the Gambling Commission to refuse operating licences for bingo in pubs. Philip Kolvin QC
explains the outcome.
Licensing: Unlawful plying for hire – where now following Sajjad?
analyses an important High Court ruling on unlawfully plying for hire and driving without insurance, and discusses the options for licensing authorities.
Licensing: Licensing procedure – traps for the unwary
Ian de Prez
examines some of the procedural issues faced by licensing sub-committees, and considers a House of Lords committee's proposal that their responsbilities be transferred to planning committees.
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: The scope of section 106s: re-stating the obvious
The Court of Appeal has recently considered planning authorities' use of s.106 obligations to prohibit applications for parking permits. John Pugh-Smith
reports on the outcome.
Planning: The Suffolk Coastal case and local planning authorities
Hereward Phillpot QC
considers the implications for local planning authorities from the Supreme Court’s judgment in the Suffolk Coastal District Council
Planning: You can’t park here!
looks at the ability of planning authorities to demand restrictions on applications for parking permits.
Planning: Conditions and PD rights
When does a condition restricting use remove permitted development rights? Roy Pinnock
provides an update following a recent Court of Appeal ruling.
Procurement: Procurement and information security
and Tim Care
provide an overview of the importance of "information security" (which includes but is not limited to cyber security) in the context of public procurement practices.
Procurement: Errors in major public procurement projects
In association with LexisNexis Public Law
, Richard Hanstock
considers the lessons from a high-profile dispute over the procurement of a contract to decommission nuclear facilities.
Procurement: Correcting obvious errors in procurement bids
Does a contracting authority have an obligation to allow a bidder to correct an obvious error in its bid after the bid deadline has passed? Helen Prandy
Projects: The pitfalls of contractual joint ventures
looks at some of the opportunities and pitfalls of joint ventures.
Property: Legal owners lacking mental capacity to deal with land
LexisPSL Local Government
, in partnership with Rebecca Sharpe
of RJR Legal
Ltd, examine the options where a legal owner lacks mental capacity to deal with land.
Property: Service charges and third party contributions
The Court of Appeal has handed down an important ruling on costs, service charges and right to buy leases. Christopher Baker
explains the outcome.
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: Enforcement of confiscation orders
sets out some key considerations when it comes to ensuring confiscation orders are enforced.
Transport & Highways: Standards of highway maintenance
This LexisPSL Local Government
article, produced in partnership with Nicholas Hancox
of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.