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DON'T MISS: How to evict residential tenants under a writ of possession - High Court Enforcement (Online, 22nd Nov)
 
NEWS HEADLINES

Southampton and Fareham Partnership named Legal Team of the Year
Southampton and Fareham Legal Services Partnership wins Local Government Legal Team of the Year at LLG Legal Awards for 2018, while Jayne Francis Ward is recognised for significant contribution to local government; click here for all the winners

Councillors at district council at loggerheads over whether seat should be declared vacant
Councillors at district locked in legal dispute over whether or not seat should be declared vacant; monitoring officer reported to have said council had legal obligation to declare vacancy and that if unlawful decision was made, he would have to consider his duty to prepare report under Section 5 of Local Government and Housing Act 1989
 
ICO hits Met Police with enforcement notice over use of Gangs Matrix
Information Commissioner’s Office serves enforcement notice against Metropolitan Police Service after investigation found that its use of ‘Gangs Matrix’ database had led to multiple and serious breaches of data protection laws; watchdog also reveals that it will be be launching second investigation that focuses on how partners of police handle information, such as that provided through the Gangs Matrix; ICO already investigating data breach at one London borough
 
Council criticised after heavily pregnant woman left to ‘sofa surf’
Homeless woman left to ‘sofa surf’ by London borough while heavily pregnant and then after birth of her child has now been given permanent accommodation

High Court agrees to hear challenge over voting device for blind people
Court grants permission for legal challenge brought by Rachael Andrews, who is blind, over Government’s choice of device to enable blind people to vote without assistance

Minister in call for evidence on specialist Housing Court in England
Communities Secretary issues call for evidence on possible introduction of specialist Housing Court in England

Grant of environmental permit for energy recovery site upheld despite error being conceded
High Court judge rejects judicial review challenge to Environment Agency’s decision in January this year to grant environmental permit for energy recovery site in Bedfordshire

District wins High Court battle with town council over ownership of former allotment land
Deputy High Court judge decides in favour of Thanet that certain land was no longer held as allotment land and therefore not transferred to town council when latter was created

Organising committee for Commonwealth Games to appoint legal provider
Organising Committee for 2022 Commonwealth Games in Birmingham is to appoint official legal services provider to contract worth estimated £2m (on Public Law Today)
LOOKING FOR A TRAINING CONTRACT? Warwickshire is hiring.

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County rapped for failing to meet promises to boy with SEN
Local Government and Social Care Ombudsman hits out at county council over its failure to do what it promised following previous complaint to do for boy with special educational needs

Owner of unauthorised scrap yard hit for £200k in fines, costs and confiscation
Landowner in South Staffordshire is fined £24,000 and ordered to pay court costs of £28,280 at Birmingham Crown Court, having already been subject to £150k confiscation order

Minister confirms estate regeneneration CPO following re-hearing
Secretary of State for Housing, Communities & Local Government, James Brokenshire, confirms Southwark Council’s compulsory purchase order for part of Aylesbury Estate; decision follows re-hearing after council brought judicial review over Sajid Javid's refusal to confirm CPO

NHS Digital ends agreement to share migrant patient data with Home Office
NHS Digital confirms that it will completely withdraw data-sharing agreement that allowed Home Office to request non-clinical patient data to target people for deportation

Tests see 90% of pubs fail to stop children accessing 18+ gaming machines
Tests on sample of pubs in England indicate that almost 90% failed to prevent children accessing 18+ gaming machines, Gambling Commission reveals
 
NHS Commercial Solutions to procure £40m legal services panel
NHS Commercial Solutions to procure legal services framework agreement worth estimated between £25m and £40m over five years (on Public Law Today)

See all of our most recent news stories
SENIOR OPPORTUNITIES: Apply today: DON'T MISS OUT: Some closing dates are imminent, so apply today: SIGN UP TO RECEIVE JOB ALERTS: TOP LOCUM ROLES: Democratic Services and Governance Locum (North West), Assistant Property Team Leader (London) and Planning & Highways Lawyer (East Midlands).

Court of Appeal hearing in London Stadium row to be livestreamed
Dispute about seating in former London 2012 Olympic Stadium will be first Court of Appeal hearing to be live-streamed in full; If pilot is judged successful, Master of the Rolls says he will seek to extend live-streaming to family appeals, move supported by senior judges

Safety measures for private sector must apply to social housing: Law Society
New safety measures in private rented sector should also apply to social housing, Law Society says, arguing that “there is no logic for having different safety standards between private and social housing”

Browne Jacobson acts for London borough on £53m retail park acquisition
Law firm Browne Jacobson advises Croydon on £53m acquisition of Colonnades Retail and Leisure Park on Purley Way (on Public Law Today)

Court of Appeal agrees to hear dispute over hospital bed closures
Campaign group Keep the Horton General given permission to appeal against dismissal of their judicial review challenge over bed closures

Campaigner ends legal action after Highways England consults again on bypass
Environmental campaigner withdraws her judicial review challenge to Highways England’s proposal for new bypass near Arundel in West Sussex, after agency agrees to undertake fresh consultation
MARKETPLACE: Kennedy Cater
Browne Jacobson acts for Croydon on £53m retail park acquisition
Commonwealth Games committee to appoint legal provider
NHS Commercial Solutions to procure £40m legal services panel
Weightmans strengthens social housing team with Wilson hire

 
EVENTS:

This week's analysis

Electoral law: unfit for the 21st century?
With democracy at risk there is no excuse for legislative inaction, argue Alison Foster QC, Tom Tabori and Gethin Thomas who make the case for reform and put forward proposals for change.

Trimega test results – an update
Rebecca Cross examines the lessons for practitioners from the ongoing investigation into tests carried out by a forensic toxicology company over a four-year period.

A mentally healthy workplace
Yasmin Allan considers the legal and practical issues linked to the employee wellbeing agenda.

All bidders are equal, but are some ‘more equal’ than others?
Jenny Beresford-Jones reports on a recent European procurement case on incumbent providers and the need for a level playing field.

Rights under the Electronic Communications Code
The Upper Tribunal has given the first judgment imposing interim Electronic Communications Code rights. Jonathan Wills reports on the outcome.

Housing supply
A High Court judge recently rejected a council's application for an order quashing a planning inspector's grant of permission for a 29-dwelling development. James Goudie QC explains why.

READ THE RESULTS OF OUR EXCLUSIVE RESEARCH: Monitoring Officer Report

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: Costs out of all proportion – and the problem for litigants in person
The Court of Protection team at 39 Essex Chambers look at a judge's frustration over the level of costs in a case where there were financial safeguarding concerns in relation to a young man with a severe learning disability.
 
Adult Social Services: 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.

Children: The 26-week time limit and purposeful delay
Has the 26-week time limit in child care proceedings eliminated purposeful delay? Eleanor Marsh reports on a significant Court of Appeal ruling.

Children: Looked after children and medical treatment
Eleanor Derry and Deborah Jeremiah consider the issues around obtaining consent for the provision of medical treatment to looked after children.

Children: Deprivations of liberty, young persons and the inherent jurisdiction
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.
 
Community Safety: Gang injunctions, human rights and standards of proof
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.

Dispute Resolution: The dangers of one-size-fits-all tree inspection regimes
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.

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: Filming public officials
Does filming a public official performing their job constitute journalism? Matt Collins analyses an Advocate-General’s opinion on the issue.

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.

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
Rory Alexander looks at the opportunities - and challenges - for local authorities as a result of the Scottish Government's decision to enforce the Fairer Scotland Duty.

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.

Housing: Defences in 'second succession' cases
A recent High Court case considered the extent to which Articles 8 and 14 of the ECHR can provide a defence to the children of secure tenants in ‘second succession’ cases. Niamh O’Brien reports on the outcome.

Housing: What is an introductory tenancy?
LexisPSL Public Law, in partnership with Chris Bryden of 4 King’s Bench Walk analyse the key features of introductory tenancies.

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: 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: New RIPA Codes of Practice
Ibrahim Hasan looks at the key changes in the new RIPA Codes of Practice for Surveillance and Covert Human Intelligence Sources (CHIS).

Licensing: 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.

Licensing: Court directions and appeals against licence revocations
A modern slavery appeal has been summarily dismissed for non-compliance with court directions. Gary Grant sets out why.

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.

Planning: Appealing planning permission refusals
Stuart Evans sets out some practical considerations in cases where planning committees refuse planning permission despite officers' recommendations for approval.

Planning: The Interpretation Act and discharge of affordable housing obligations
Richard Moules considers the outcome of a Planning Court case on whether the Interpretation Act 1978 preserved jurisdiction to modify or discharge affordable housing obligations.

Planning: Controlling outdoor advertising
The Court of Appeal has issued a ruling on the ability of local planning authorities to control advertisements. Tim Buley explains the outcome.

Planning: Enforcing s106 agreements
What can you do if in relation to s.106 agreements things don’t work out as planned? Gary Soloman explains.

Procurement & Contracts: The Sky Blue saga continues
The Court of Appeal has recently handed down a judgment in a dispute over whether Coventry City Council provided unlawful state aid in relation to the Ricoh Arena. Paul O'Sullivan considers the lessons from the ruling.

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.

Projects: Social Impact Bond schemes
Craig Elder examines the opportunities provided by social impact bonds - and how to overcome the barriers to their successful implementation.

Projects: Budget 2018 - whither PFI?
In the light of the Chancellor of the Exchequer’s announcement this week, David Kilduff considers - what next for public/private contracting?

Projects: Who will meet local government’s investment needs now the PFI has gone?
Rob Hann 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.
 
Property: Possession claims and public law duties
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 reports.

Property: Residential extensions and CIL
Action needs to be taken over exemption for residential extension from the Community Infrastructure Levy, writes Christopher Cant.

Regulatory: A valuable alternative to prosecution: the Environment Agency and civil undertakings
Civil sanctions in environmental law: what are they and why do they matter? Tim Green and Gus Baker explain.

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 report.

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.

Rotherham Metropolitan Borough Council
Test Valley - Contracts & Procurement Lawyer
Test Valley - Litigation Lawyer
Test Valley - Data Protection Lawyer
Gateshead Council
Gateshead Council
Service Director - Legal & Democratic Services
Southampton & Fareham Legal Services Partnership
Southampton & Fareham Legal Services Partnership
Solicitor - Child Care
Senior Legal Assistant - Child Care

Ealing Council
London Borough of Ealing
Contracts Lawyer
Reading Borough Council
Reading Borough Council
Solicitor/Legal Executive - Housing Litigation
Sevenoaks District Council
Sevenoaks District Council
Principal Planning Lawyer
West Sussex
West Sussex County Council
Legal Assistant

Optivo
Optivo
Head of Legal Services - Property & Contracts
London Borough of Islington
Islington Council
Contracts Lawyer
Scarborough Council
Scarborough Council
Governance Officer
Essex County Council
Essex County Council
Solicitor - Corporate and Commercial (1 year FTC; maternity cover)
West Suffolk Council
West Suffolk Council
Specialist Lawyer - Projects
Lawyer - Planning
Lawyer - Litigation & Licensing

Caerphilly / Caerffili Council
Caerphilly / Caerffili Council
Solicitors x2 - Welfare / Child Care
LGSS Law
LGSS Law
Lawyer - Children's Social Care (Shefford)
Lawyer - Children's Social Care (Northampton)

Buckinghamshire County Council - Head of Legal & Compliance
Buckinghamshire County Council
Head of Legal & Compliance
District Law Shared Service
District Law Shared Service
Senior Property Lawyer
Planning Lawyer
Property Lawyer

Manchester City Council
Manchester City Council
Senior Lawyer x2 - Children's Services
Derbyshire County Council
Derbyshire County Council
Lawyer - Children's Services

Warwickshire County Council
Warwickshire County Council
Trainee Solicitor

Dartford Borough Council
Dartford Borough Council
Independent Persons
Solihull Metropolitan Borough Council
Solihull Council
Senior Solicitor - Planning
Leicester City Council
Leicester City Council
Paralegal - Social Care & Safeguarding


Invicta Law
Childcare Lawyer
Planning Lawyer
Commercial Property Lawyer

Legal Services Lincolnshire
Legal Services Lincolnshire
Senior Lawyer - Property

 

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