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NEWS HEADLINES

Judge convicted of fraud over fake letters in support of planning applications
"Narcissistic" solicitor and Deputy District Judge who submitted fictitious letters to council in support of planning applications convicted of several fraud offences

Review to examine rise in applications for care orders
Sector-led review of rise in applications for care orders and number of children in care  announced, with support from senior members of judiciary and other stakeholders

Judges reject appeal over adoption and special guardianship for half-brothers
Court of Appeal dismisses case brought against borough council over whether child should be adopted when his older half-brothers, who live with same couple, were to be subject of special guardianship order

Planning authority challenges assertion by appellant of gypsy status
Local authority in Kent successfully challenges appellant’s assertion of gypsy status in his appeal against enforcement notice

Supreme Court rejects appeal by Zambrano carer over provision
Judges reject claim that denial of mainstream welfare and housing provision to Zambrano carer and her child was unlawful
 
Javid kickstarts intervention process against 15 councils over lack of local plan
Government beginsformal process of considering intervention into 15 local authorities that have failed to produce local plan

Permission for wharf scheme quashed over failure to consult on amendments
Judge quashes planning permission given by London borough for major redevelopment on Regent’s Canal

Croydon selects Browne Jacobson for seven-year, £17.5m sole provider deal
London Borough of Croydon names law firm as its sole external legal services provider for contract that could last for seven years
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Law Society issues model leases to simplify commercial property transactions
Chancery Lane issues new short form model leases aimed at streamlining commercial property negotiations and finding fair balance between landlord and tenant

School faces legal action after sending boy home for having dreadlocks
Free school with Christian ethos facing legal action over pupil sent home for having Rastafarian-style dreadlocks

Blackpool bar ordered to pay £336k over planning breaches
Bar owner must pay total of £336,000 in confiscation, fine and costs for lengthy breach of planning conditions

Campaigners to crowd fund legal challenge over primary school closure
Group seeking to raise £4,500 to challenge county council’s decision to close primary school

Councils to appoint two barristers chambers to £2.7m childcare advocacy deal
Four North West councils to appoint two sets of barristers’ chambers to £2.7m contract for provision of advocacy services to their childcare departments (On Public Law Today)

Trowers & Hamlins advises four councils on major shared services project
Firm advises Cotswold, Forest of Dean, West Oxfordshire and Cheltenham councils on 2020 Partnership commercial shared service arrangement and jointly owned company, Publica Group (Support). (On Public Law Today)
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MORE NEWS STORIES

ICO brings 8th prosecution over NHS employees unlawfully accessing records
Nursing auxiliary in Wales fined for accessing patient’s medical records without valid legal reason – eighth prosecution of its kind brought by Information Commissioner’s Office this year alone

Government to set TfN up as first ever statutory sub-national transport body
Ministers lay legislation in Parliament that will turn Transport for the North (TfN) into first ever statutory sub-national transport body, with legal powers and duties

Minimum alcohol pricing legislation in Scotland is lawful: Supreme Court
Legislation in Scotland for introduction of minimum alcohol pricing does not breach EU law and is proportionate means of achieving legitimate aim, Supreme Court rules

Met Police agree to scrap ‘Form 696’ risk assessment for venues
Met to remove controversial risk assessment form after discussions with stakeholders, and will work with councils to understand implication of its decision on venues which have its use as condition on their premises licence

Legal action over data-sharing between Home Office and NHS on migrants
Migrants’ Rights Network launches legal challenge to what it calls “secret data-sharing agreement” between Home Office, Department of Health and NHS

Some disabled voters “left unable to vote”, Electoral Commission finds
Some disabled voters have reported being left unable to cast their vote, research by Electoral Commission finds

See all of our most recent news stories
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Councils to appoint two chambers to £2.7m childcare advocacy deal
Law firm advises four councils on major shared services project
Yorkshire housing association names three firms to call-off panel
Landlord to appoint single legal services provider to £300k contract

 
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EVENTS:

This week's analysis

Taxi licensing, computerised software and cross-border bookings
The Administrative Court has dismissed a council's appeal over a judge's dismissal of its prosecution of a private hire company over cross-border bookings. James Goudie QC analyses the judgment.

Adoption update
Elizabeth Isaacs QC looks at the key points from the latest judgments in relation to adoption.
 
Business rates and heritage assets
When is a building a listed building? Peter Dixon and Simon Whitfield report on a recent Administrative Court case over whether the whole of a building or just part of it was listed.

Families, confinement and Rule 3A Representatives
District Judge Bellamy has added to the small but important body of case-law concerning Rule 3A in the context of so-called Re X applications for judicial authorisation of deprivation of liberty, writes the Court of Protection team at 39 Essex Chambers.

The Pre-Action Protocol for Debt Claims
John Schmitt sets out and discusses the newly in force Pre-Action Protocol for Debt Claims, which applies to public bodies - amongst others - claiming payment from an individual.

EU nationals and the immigration tribunal
Families of EU nationals have won a court battle for a right of appeal. Rajiv Sharma explains the Court of Appeal's ruling.

Concurrent delay conundrum conquered
The Technology and Construction Court has just resolved a longstanding conflict between two competing principles of construction law, deciding that the “prevention principle” doesn’t stop clients placing the whole risk of concurrent delay on their contractor. Emily Aldridge reports.
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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: After-care services and personal injury damages
The Court of Appeal has ruled that a personal injury award cannot be considered when making provision for after-care services. Morris Hill looks at the reasoning.

Adult Social Services: Court of Protection case law update
Ben Troke and Rebecca Fitzpatrick round up the latest key cases in the Court of Protection.

Adult Social Services: Inherently problematic?
A High Court ruling has raised significant issues around capacity thresholds, the inherent jurisdiction and autonomy, writes Alex Ruck Keene.

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.

Careers: Personal philosophies
Chris Guy, a former local authority head of legal, sets out how he tried to make good use of his strengths and overcome his weaknesses.

Careers: Aiming for the top
How should you go about securing the position of head of legal at a local authority? Chris Guy shares some thoughts.

Children: Deprivations of liberty and 16-17 year olds
Jonathan Cowen, Anita Rao and Eleanor Sibley consider a Court of Appeal ruling on the question of whether parental consent has any role to play in deprivation of liberty applications concerning 16-17 year olds.

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 explains.

Community Safety: Securing gang injunctions
Birmingham City Council and West Midlands Police have obtained what is believed to be the largest ever gang injunction. Jonathan Manning and Alice Richardson set out the judge's findings.

Dispute Resolution: Making a finding of fundamental dishonesty
Does dishonesty or fraud have to be pleaded for the court to make a finding of fundamental dishonesty? Chris Booth reports on a Court of Appeal ruling.

Dispute Resolution: Liability for abuse by foster carers
Paul Stagg analyses the recent Supreme Court ruling on the liability of councils for wrongful actions of foster parents to a child in foster care.

Dispute Resolution: The application of QOCS in multiple defendant cases
Can a defendant against whom the claimant discontinued seek to enforce and ‘set-off’ its costs against the damages/interest paid to the claimant by the ‘unsuccessful’ defendants? Caroline Cousins reports.

Education: Separate but (not?) equal
Ofsted recently won a high-profile Court of Appeal case over a Birmingham school’s practice of segregating boys and girls over the age of nine, despite it being nominally a mixed school. Richard O'Dair analyses the ruling.

Education: Challenging Ofsted
In a surprising twist to the long running saga‎ of Durand Academy the High Court ruled that a damning Ofsted report, following an inspection late last year, should be quashed. Andrea Squires reports.

Education: Cheating and exam malpractice
Andrea Squires sets out some of the lessons learned from investigating cases of cheating and exam malpractice.

Employment: Whistleblowing, unfair dismissal and employers' knowledge
Harmajinder Hayre examines a whistleblowing case that clarifies the law in relation to employers' knowledge in unfair dismissal claims.

Employment: Discrimination and religious beliefs
A tribunal has rejected a claim of religious discrimination by a NHS non-executive director opposed to same-sex adoption. Catherine Casserley considers the judgment.

Employment: The Parental Bereavement (Pay and Leave) Bill
The Parental Bereavement (Pay and Leave) Bill had its second reading in the House of Commons on 20 October and its provisions should make life easier for bereaved parents at a very difficult time, writes Fiona Anthony.

Employment: Thoroughness of disciplinary investigations
Can a disciplinary investigation ever be too thorough? Gemma Cawthray examines a recent Employment Appeal Tribunal ruling.

Governance: Devolution is a process not an event
As local government in England is handed additional powers and responsibilities, Lynda Towers, former Solicitor to the Scottish Parliament, gives her perspective on devolution and the lessons to be learned.

Governance: Getting tough on councillor misconduct
A DCLG consultation on proposals to update the criteria that bar individuals from becoming or being a local councillor or directly-elected mayor represents a missed opportunity, writes Judith Barnes.

Health: Introduction to CTO Recall: Part 1
In the first in a two-part series, Clementine Robertshaw considers the law and procedure of the recall process for community treatment orders.

Health: Withdrawal of CANH and the need for legal proceedings
Natasha Partos comments on the latest Court of Protection case on best interest decisions and the requirement for legal proceedings.

Health: Learning from deaths
Every NHS organisation should be collecting data about the number of deaths, conducting 'case record reviews' and getting ready to publish the results. Gemma Brannigan looks at the issues involved.

Housing: Homelessness update
Sarah Salmon looks at recent Court of Appeal decisions that provide guidance on vulnerability under section 189(1)(c), Housing Act 1996; contracting out and the Public-Sector Equality Duty (PSED); and intentional homelessness - breaking the causal link.

Housing: Homelessness and vulnerability
The Court of Appeal has held that whether a person has a priority need for accommodation by reason of vulnerability requires consideration of whether he is “significantly” more vulnerable in a way that is relevant to his ability to deal with the consequences of homelessness; the question is qualitative, not quantitative, writes Riccardo Calzavara.

Housing: The absolute ground and requests for a review
The Court of Appeal has handed down an important ruling on the timescales for the absolute ground for possession. Tina Conlan reports.

Housing: Housing association constitutions
Major changes are proposed to housing association constitutions. Matthew Waters reports on their likely impact, including in relation to councils.

Information Law: 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.


Licensing: Gambling and local risk assessments
Are local risk assessments in relation to gambling being taken seriously? Andy Woods examines the issues.

Licensing: S.182 guidance – not the easiest read
Andy Woods 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.
 
Management: Striking a balance
At a time when local government legal departments are entering uncharted territory, Helen Edwards looks at how the expertise in private practice firms can be utilised without breaking the bank.

Management: Making connections
Paul Phelan reports on the South London Legal Partnership’s digitised courtroom pilot scheme with the Family Court, a first step towards the development of online courts.

Management: Reliable and trustworthy or innovative and inflexible?
Offering a one-size-fits-all approach will inevitably undermine the relationships we have with our clients, writes Geoff Wild.

Planning: "Up to 6" does not meet 5
The Court of Appeal quashed a Somerset planning permission for affordable housing, in a case concerning the correct interpretation of a development plan policy. Stephen Whale explains why.

Planning: Permission in principle for brownfield sites: what are the key points?
Government guidance on permissions in principle for brownfield sites was published on 28 July and further guidance on 10 October. Liz Dunn and Sarah Sutherland look at the key points for local authorities and developers.

Planning: Direct action: natural justice
James Goudie QC examines a recent Planning Court challenge to a council's decision to take direct action under s.178(1) TCPA in order to demolish the claimants' dwelling house.

Planning: Green space borough-wide preventative injunctions: the next stage
Where one local authority obtains protection in the form of a borough-wide  injunction to prevent incursions onto its green spaces, a neighbouring borough becomes vulnerable to an increase in incursions. Steven Woolf explains what they should do.

Planning: Implying terms into planning conditions
Can a whole new term be implied into a planning condition? Sasha Blackmore reports on a significant Planning Court ruling.

Planning: Planning applications, enforcement notices and certificates of lawfulness
Phillip Hopkins examines some conundrums created by the Town and Country Planning Act 1990 in relation to planning applications, enforcement notices and certificates of lawfulness of existing use or development.

Planning: The Planning Court on Grampian conditions
A Planning Court judge has recently handed down an important ruling on Grampian conditions. Dalee Kaur and Rachel Holt analyse the outcome.

Procurement: If you snooze you lose – a story of railway sleepers
A recent Technology and Construction Court ruling has emphasised how an unsuccessful bidder must have a good reason if an extension of time is to be granted. Helen Prandy reports.

Procurement: IObtaining interim relief
Melanie Pears and Tim Care look at a recent court decision in of the European General Court, in response to a claim brought against the European Central Bank (ECB), for the award of a contract to a third party instead of the applicant.

Procurement: Local authorities, VAT and outsourced management contracts
Simon Randall and Scott Harwood consider the implications for local authorities of a recent Court of Justice of the European Union decision in a VAT case involving the London Borough of Ealing.

Procurement: Deadlines and supplementary information
Allowing supplementary information after the deadline for bid submissions – how far can you go? Fran Mussellwhite reports.

Procurement: Exclusion of tenderers
Melanie Pears and Tim Care consider a Court of Justice of the European Union (CJEU) ruling that Directive 2004/18/EC does not preclude national rules for automatic exclusion of a tenderer in circumstances in which a member of a bidding consortium loses accreditation.

Procurement: Public procurement after the UK's EU departure
Simon Randall CBE has written a paper for the Society of Conservative Lawyers on public procurement after Brexit. Here he puts forward some of the key points.

Projects: Should PFI projects be brought back in-house?
Rob Hann, who led the 4ps/Local Partnerships legal team throughout the PFI programme in local government, takes a look at Labour’s recent pledge that it will bring PFI contracts back in house if it gets into power.

Projects: Ensuring compliance with EU grant funding terms
Would your compliance with EU grant funding terms stand up to scrutiny? Tiffany Cloynes looks at the potential issues.

Property: Challenge to CPO dismissed
The High Court has dismissed a statutory challenge to a compulsory purchase order. George Mackenzie looks at the judge’s approach.

Property: Making demands for a service charge
A recent Court of Appeal case demonstrates how care is needed when making demands for a service charge, writes Sian Evans.

Property: TPOs and compensation
The Court of Appeal recently allowed a council's appeal over an Upper Tribunal judgment on tree preservation orders and compensation payable to a landowner. Claire Booth explains 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.

Transport & Highways: The Bus Services Act 2017
Rob Hann looks at major changes in the bus industry following the introduction of new legislation, and considers the opportunities they bring for local authorities.

South London Legal Partnership
South London Legal Partnership
Legal Assistant - Social Care and Education

Sandwell Council
Sandwell Council
Principal Advocate - Childcare

Independent Police Complaints Commission
Independent Police Complaints Commission
Lawyer

West Berkshire Council
West Berkshire Council
Solicitor - Contracts & Procurement
Solicitor - Planning
Legal Executive - Planning

Tameside Council
Tameside Council
Principal Lawyer - Environment

Manchester City Council
Manchester City Council
Principal Lawyer - Property

Rotherham Council
Rotherham Council
Solicitors - Child Care
Litigation Solicitor

Southampton City Council
Southampton Council
Solicitor - Child Care
Legal Assistant

Cheshire East Council
Cheshire East Council
Contracts Lawyer
Employment Lawyer

Hillingdon Council
Hillingdon Council
In-House Advocate - Child Care

Knowsley Council
Knowsley Council
Assistant Solicitor / Lawyer - Litigation

Cheshire West & Chester Council
Cheshire West & Chester Council
Lawyer - Property

Stockport MBC
Stockport Council
In-House Advocate - Child Care

Rugby Borough Council
Rugby Council
Principal Lawyer

Stafford Borough Council
Stafford Council
Property Lawyer

Herefordshire Council
Herefordshire Council
Senior Children's Solicitor X4

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