- One Source: Principal Lawyer - Housing & Litigation (to £60,261 + generous market supplement).
- Melton: Lawyer (to £33,136; new team). Closing: 31 October.
- Hampshire: Senior Legal Adviser - Commercial Property and Environment (to £44,631). See also: Project Legal Adviser (to £52,024). Closing: 28 October.
- Gloucestershire: Senior Lawyer Advocate - Education (to £44,697) and Lawyer Advocate - Adults and Litigation (to £38,052).
- Warwickshire: Solicitor - Employment (to £46,909).
- Leicester: Legal Officer - Child Care (to £26,470).
- Sheffield: Commercial Lawyer and Planning & Highways Lawyer (both roles to £41,846).
- Solihull: Senior Solicitor - Planning (to £50,575).
- Knowsley: Assistant Solicitor/Lawyer - Adult Social Care (to £44,697) and Legal Assistant - Adult Social Care (to £30,756; two-year FTC).
- One Legal/Tewkesbury: Legal Assistant - Commercial (to £25,463), Legal Assistant - Land & Property (to £21,693) and Trainee Solicitor (£20,541).
Statutory duties for children’s services up 50% in seven years: research
There are now almost 300 local authority statutory duties in relation to children’s services, up from around 200 in 2011, research by Association of Directors of Children’s Services finds
Researchers to examine quality of online legal advice for child court cases
University academics are to examine whether vulnerable people representing themselves in child court cases - including public law proceedings - find themselves and their children put at risk by misinformed or biased online legal advice
First convictions secured for running unregistered school
CPS secures first convictions for running unregistered independent school in England and Wales; head teacher and centre director were prosecuted for running educational institution in west London, following three-day trial
Eight thousand woman to strike over failure to settle equal pay dispute
Around 8,000 women set to strike this week over city council’s failure to settle equal pay dispute that has lasted 12 years
Major social landlord names five law firms to £4m development panel
One of UK’s largest housing providers appoints five law firms to £4m legal services framework agreement for its development activity (On Public Law Today
See all of our most recent news stories
Repeal did not extinguish right to modify s106 payment obligation: judge
Residential building is not 'economically viable' simply because it has been completed, High Court also rules; developer had applied to change commuted sum it had to pay in lieu of affordable housing obligation under section 106 agreement, day before repeal of statutory provisions that allowed it to do this
LGA urges extra funds as child protection plans show biggest rise in four years
Local Government Association calls on government to provide greater funding for children’s services in Monday’s Budget, after Department for Education figures showed that number of children supported through child protection plan increased by more than 2,700 over past year
Campaigners appeal refusal of challenge over housing scheme and garden
Campaigners vow to appeal judge’s decision to refuse permission for judicial review challenge over lawfulness of plans that would see wildlife garden make way for housing project
Council criticised for requiring foster couple to bear school transport costs
Local Government and Social Care Ombudsman criticises council for insisting that couple bear costs of taking their disabled foster child to special school agreed by local authority
Councils net tougher powers to deal with mobile home site owners
Local authorities to be given power to ban mobile home site owners who fail to meet standards expected of them, government announces
Liverpool to engage with suppliers for professional services framework
East of England housing provider to set up £2m legal framework
Major social landlord names five law firms to £4m development panel
This week's analysis
Who will meet local government’s investment needs now the PFI has gone?
and Stephen Pearson
take a look at what worked in the past and what needs to happen now to prompt investment and economic development in local government.
Limited life licences: the verdict
Philip Kolvin QC
reports on the outcome of a case where a licensing sub-committee decided to grant a licence for a shorter period than the applicant had requested.
Enforcing s106 agreements
What can you do if in relation to s.106 agreements things don’t work out as planned? Gary Soloman
Deprivation of liberty, court review and costs
The Court of Protection team at 39 Essex Chambers
look at the costs outcome where a local authority was late to apply for a review of a deprivation of liberty.
Vicarious liability for data breaches
The Court of Appeal has dismissed supermarket group Morrisons’ appeal over being found vicariously liable for a data breach caused by a rogue employee. Robin Hopkins
analyses the ruling.
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: Holding prisoner in a foreign land
Children: Deprivations of liberty, young persons and the inherent jurisdiction
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
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.
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.
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
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
Dispute Resolution: The dangers of one-size-fits-all tree inspection regimes
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.
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
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
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
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: 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.
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.
Employment: 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.
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.
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
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
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: 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.
Housing: A matter of discretion
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.
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
Housing: 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.
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
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: Court directions and appeals against licence revocations
A modern slavery appeal has been summarily dismissed for non-compliance with court directions. Gary Grant s
ets 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'
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
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
Regulatory: A valuable alternative to prosecution: the Environment Agency and civil undertakings
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.
Civil sanctions in environmental law: what are they and why do they matter? Tim Green
and Gus Baker
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
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.