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CALLING ALL ADVOCATES: Join the South London Legal Partnership's team of four advocates - it is hiring an Advocate - Social Care and Education (to £59,425 inclusive of supplement of up to £7,000).

JUST IN: Tameside is recruiting: Senior Adult Social Care Lawyer (to £50,417; closing: 19 September) and General and Adult Lawyer (to £41,675). See also:

High Court judge rejects legal challenge over Bromley Local Plan

Planning Court judge rejects claim that London Borough of Bromley’s Local Plan was invalid due to legal errors on part of planning inspector who determined its soundness
 
Barking & Dagenham legal team obtains interim borough-wide unauthorised encampment injunction for Thurrock
Legal Services team secures interim ‘borough wide unauthorised encampment injunction’ for Thurrock; move comes just months after case of Bromley v Persons Unknown, where High Court judge significantly reduced scope of interim injunction in that case to include prohibition on fly tipping only
High Court overturns election result where wrong person elected: report
Swindon Council, which admitted mistake, welcomes ruling that overturned election result which saw wrong person elected as councillor, it is reported
High Court rules district judge could make non-party costs award after licensing hearing, but allows appeal over procedure
District judge hearing licensing appeal had power under Licensing Act 2003 to make non-party costs award - but principles of natural justice must be observed, says High Court
NHS trust launches investigation into serious data breach at gender identity clinic
Tavistock and Portman NHS Foundation Trust says it is investigating data security incident reportedly involving Charing Cross Gender Identity Clinic
SRA launches resources for profession ahead of introduction of new regulations in November
Solicitors Regulation Authority publishes resources to help solicitors prepare for introduction of its new Standards and Regulation on 25 November; specific information for in-house practices, and new breed of ‘freelance solicitors’; Law Society also publishes practice notes
Civil Justice Council sets out recommendations for change in how courts deal with vulnerable witnesses and parties
Civil Justice Council launches consultation on series of recommendations it has made in relation to vulnerable witnesses and parties within civil proceedings
County council trainee legal executive wins 'Visionary Leadership' award
Nicholas Williams, trainee chartered legal executive at Lancashire Council, wins ‘Visionary Leadership’ category at CILEx National Awards Ceremony 2019
TOP ROLES: There are a number of outstanding opportunities on Public Law Jobs:
MUST-READ: Localism versus the CSPL review of ethical standards

Paul Feild examines the challenge to the Localism Act 2011 presented by the Committee for Standards in Public Life’s 2019 Review of Local Government ethical standards.
 

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DON'T MISS OUT: Essex is hiring a Supervising Associate Solicitor - Corporate and Commercial (to £60,000). Closing: 13 September. There are plenty of other great opportunities: UNIQUE OPPORTUNITY: The Falkland Islands Government is hiring: Crown Counsel - Lands, Contracts and Commercial (to £56,000 + gratuity, flights and relocation grant).

Campaigners bring legal action against clinical commissioning group in bid for new hospital
Clinical commissioning group facing legal action from local campaign group which, unusually, objects to three hospitals being kept open
Electronic signatures can be used to execute documents as long as usual rules are met: Law Commission
Electronic signatures can be used to execute documents, including where there is statutory requirement for signature, Government's law reform body says in report
Ombudsman criticises county over complaints policy in special educational needs investigation
Local Government and Social Care Ombudsman criticises way Worcestershire dealt with mother’s complaint about lack of alternative education provided for her son, when mainstream school was no longer suitable for him; council’s failings meant that, amongst other things, mother was denied right to challenge council through Special Educational Needs and Disabilities Tribunal
Kennedys hires historic abuse and local authority specialist as partner
Law firm recruits Kathryn Oldfield, historic abuse and local authority specialist, from Plexus Law
MUST-READ: Cleaning up the air we breathe

Rob Hann looks at the pressures on local authorities to push forwards at pace with their clean air initiatives.
 
SECURE A TRAINING CONTRACT: Basingstoke & Deane are hiring: Trainee Solicitor (£22,911 - £25,295).
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The Sheriffs OfficeHigh Court enforcement for local authorities
High Court enforcement services can be useful for local authorities in several circumstances. The Sheriff's Office outlines the main occasions when councils may need to use enforcement services and the procedures they will need to follow when they do (sponsored editorial).

Children's Guardians body and Cafcass in dispute over website content
Row breaks out between Nagalro, professional association for Family Court Advisers, Children’s Guardians and Independent Social Workers, and Cafcass over information on latter’s website
Modernisation programme for courts and tribunals making progress but behind schedule, says spending watchdog
HM Courts & Tribunals Service has “made progress, but is behind schedule with its ambitious plan to reform the justice system to make it simpler and cheaper to run”, National Audit Office warns; Bar Council says modernisation programme “must not become the HS2 of the justice system”
Marine Management Organisation defeats judicial review over permission for dredging off Kent coast
Defendant Marine Management Organisation made no legal error when it permitted dredging on Goodwin Sands, High Court rules
Law firm secures £7.5m contract to provide planning law advice on Parliamentary estate
Boutique practice Town Legal secures £7.5m contract to support Strategic Estates team at Parliament with planning law advice
Boost your career: Making the right choice
Jennifer Mellani writes about her journey to being a local government lawyer specialising in health and social care.
See all of our most recent news stories

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CLOSING DATES APPROACHING: Don't miss out - SIGN UP TO RECEIVE JOB ALERTS: TOP LOCUM ROLES: Monitoring Officer (East Midlands; £450 to £650 umbrella per day), Senior Childcare Lawyer (London; to £40/hr), Litigation Lawyer (Wales; central government; to £30/hr) and Adult Care Lawyer (North East; to £45/hr).

Law firm secures five-figure payout for survivor of abuse at council-managed residential school
Leigh Day says that it has won five-figure sum in compensation for survivor of abuse at now-closed school managed by London borough
Single person discount fraud costing councils £16m a year, research finds
False claims for Single Person Discount cost local authorities nearly £16m a year and is third most prevalent type of fraudulent activity carried out by British adults, research by not-for-profit fraud prevention service Cifas finds
Councils welcome confirmation Domestic Abuse Bill will be in Queen's Speech
Local Government Association welcomes Prime Minister’s confirmation that domestic abuse legislation will be part of Queen’s Speech; previous Bill, which imposed legal duty on councils to deliver support to survivors of domestic abuse in accommodation-based services, fell away on prorogation
Upper Tribunal upholds order requiring school to reinstate unlawfully excluded pupil
First-tier Tribunal had jurisdiction to make order compelling independent prep school to reinstate pupil with ADHD that it had unlawfully excluded, Upper Tribunal rules
The Great Bundle Takeaway Debacle
On 4 April 2019 new rules came into effect for the removal of court bundles in what’s now earned the name of “The Great Bundle Takeaway Debacle.” The debate itself is notable for how little of it is focused on a digital solution...(Sponsored editorial)

Law firm secures £7.5m contract to provide planning law advice on Parliamentary estate
Lancashire County Council trainee legal executive wins ‘Visionary Leadership’ award at CILEx Awards
Kennedys hires historic abuse and local authority specialist as partner
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LOCUM ROLES: Senior Planning Lawyer (London), Commercial Property Solicitor (Wiltshire), Litigation Lawyer (South East), Information Governance Lawyer (West Midlands), Commercial Contracts Lawyer (East Midlands), Employment Solicitor (London; trade union), Property & Planning Solicitor (Northamptonshire; part time) and Social Care Legal Assistant (London).

Digital duties

Monitoring Officers must ensure good governance over data and social media, writes David Kitson.
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Procurement challenges, later matters and limitation
Cornwall Council recently defeated procurement and judicial review claims brought by an incumbent NHS trust over the provision of sexual health services in the county. Joseph Barrett sets out the wider points of principle from the High Court ruling.
Brexit and data protection
Damien Welfare sets out what you need to know when it comes to Brexit and data protection.
Public Space Protection Orders, abortion clinics and buffer zones
The Court of Appeal has upheld the legality of the UK’s first ‘buffer zone’ outside an abortion clinic. Ranjit Bhose QC, Kuljit Bhogal and Tara O'Leary explain why.
Pensions and ill-health entitlement
A council’s inactivity was recently found by the Pensions Ombudsman to be “tantamount to maladministration”. Alice Kinder looks at the implications.
Heritage assets, demolition and future benefits
The High Court has interpreted paragraph 196 of the National Planning Policy Framework on the protection of heritage assets. Matthew Fraser explains the outcome.

Catch up on recent articles on Local Government Lawyer and Public Law Today:
The extent of the inherent jurisdiction
Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.
The MHA and the MCA in the community
The Court of Protection team at 39 Essex Chambers report on the outcome of a ruling dealing with streamlined Re X applications made by two local authorities.
Fluctuating capacity - micro vs macro decisions
Alex Ruck Keene looks at the lessons to be learned from the latest Court of Protection to address the issue of fluctuating capacity.
Firm foundations
Are you intrigued about working in local government but hesitant to take the plunge? Real estate lawyer Matthew Dineen explains how he overcame his initial doubts and never looked back.
Home truths
What is it like to work as an in-house solicitor for a registered provider for social housing or housing association? Radian’s Scott Greenwood sets out the attraction and advantages, how the sector differs from private practice and how the transition can be made by those who may be considering a move.
Family proceedings and the police
The “long arm” of the police - how “confidential” are family proceedings? “Not very” seems to be the answer in a recent Court of Appeal decision, writes Adam Smith.
Accommodation under s20 Children Act and the wishes of the child
The Royal Borough of Greenwich recently successfully defended a Children Act judicial review. Tony Harrop-Griffiths explains how.
Crisis, not crisis?
Phil Booth summarises a Family Division working party's interim recommendations relating to public law and its comments on the role of local authority lawyers.
Automated facial recognition, privacy and data protection law
The Divisional Court has found that police use of automated facial recognition was a justified privacy intrusion. Robin Hopkins sets out the key findings in a landmark case.
PSPO challenges and legal aid
Human rights organisation Liberty has failed to secure legal aid for a challenge to a public spaces protection order. Kuljit Bhogal explains why.
Withdrawal of pre-action admissions
A High Court judge has ruled in a case involving a local authority that when it comes to whether or not to allow the withdrawal of pre-action admissions, judges should resist the temptation to conduct a mini-trial. Bronia Hartley analyses the ruling.
Experts in Human Rights Act claims
Are human rights experts necessary in Human Rights Act claims? David Maggs examines the status of their evidence.
'Funding crisis' - a detailed look at the funding shortage in UK schools
According to campaigners, more than 200 schools in England are cutting their school weeks short due to funding shortages. This raises questions over legal ramifications and the responsibility of the government. Jean Tsang, associate at Bates Wells and governor of a maintained primary school, addresses these questions for LexisPSL and looks at the worrying effects of this ‘funding crisis’ on the ‘most vulnerable children’ in the educational system.
Judicial review challenge over closures of children's centres defeated by local authority
The case of R (on the application of L, an infant (by his mother and litigation friend)) v Buckinghamshire County Council represents the first time when the High Court considered in detail the meaning of the ‘sufficiency duty’ in section 5A of the Childcare Act 2006 (ChA 2006) in the context of whether a council’s consultation on the closure of a number of children’s centres was unlawful or not. James Goudie QC examines the background to and the practical implications of the judgment.
Facebook postings and vicarious liability of employers
Charles Pigott examines an Employment Appeal Tribunal ruling that racially offensive Facebook posting was not done in the course of employment.
Whistleblowing - expanding protection to anticipated protected disclosures
A claimant recently successfully argued at first instance that it is unlawful to subject an individual to a detriment on the grounds that the employer perceived them to be considering making a protected disclosure. Jennifer Danvers considers the judgment and potential ramifications.
Distrinctly average: statistics, rate of pay and shifting burden of proof in equal pay cases
The Court of Appeal has recently held that when determining particular disadvantage in non-binary situations, Tribunals should look at male and female average pay, not the distribution of male and female pay within a band.  Daphne Romney QC explains the judgment.
How does a local authority establish a market?
The LexisPSL team outline the powers available to local authorities looking to establish a new market.
Community governance reviews and abolition of local councils
Two parish councils recently succeeded in a legal challenge to their proposed abolition. Chris Brown explains how one of the parishes did it and considers the lessons for public authorities arising from the case.
Court rejects implied duty to report change of address for council tax purposes
Samuel Genen, solicitor at Steel & Shamash, comments for LexisPSL on a Court of Appeal ruling that a failure to notify the local council of a change of address for the purpose of council tax did not constitute a criminal offence under the Fraud Act 2006. (Registration required)
Segregation on mental health wards
The Care Quality Commission recently published interim findings about the segregation in mental health wards of young people and people with a learning disability or autism. Holly Bridden looks at the lessons to be learned.
Airbnb and social tenancies
Andrew Lane sets out the key considerations where tenants advertise social housing properties through holiday let companies such as Airbnb.
Service charges and additional provisions
The Upper Tribunal has considered whether a tenancy agreement allowed a social landlord to charge for additional services. John Murray reports on the outcome.
Making the most of commercial assets
How can housing associations make the most of their commercial assets? Jo Judge explains. (From our latest housing law newsletter - sign up here)
Housing case law update: July 2019
Charlotte Rawson and Ian Larkins round up the latest housing law cases, including judgments on housing policies supporting people with protected characteristics, alleged discrimination in not offering housing, and homelessness following shortfalls in benefits. (From our latest housing law newsletter - sign up here)
GDPR: one year on
What have we learned from the 12 months that the General Data Protection Regulation has been in force? Ibrahim Hasan reports.
Making an exception to a cumulative impact policy
Southwark Council recently granted a 3am premises licence for a new live music venue as an exception to its cumulative impact policy. Gary Grant examines the reasons why.
Court finds judge in Uber licensing case was not biased
Philip Kolvin QC examines for LexisPSL the High Court’s decision in R (United Cabbies Group) v Westminster Magistrates’ Court to dismiss the claimant’s application for judicial review of a district judge’s grant of an operator’s licence for London private hire vehicles to the third interested party, Uber.
Selling local authority legal services
Tiffany Cloynes and Clare Hardy examine how local authorities can go about generating additional income by selling their legal services.
Section 73 permissions and the new CIL Regulations
Christopher Cant assesses the application of the Community Infrastructure Levy regime to planning permissions granted under section 73 in relation to post-CIL parent permissions.
People over Wind: still blowing through planning guidance and the High Court
Michael Dempsey analyses the latest developments in relation to Habitat Regulations Assessment and appropriate assessment.
Planning permissions and the duty to give reasons
A High Court judge has shed further light on the duty to give reasons for grants of planning permission and has disagreed in part with another recent decision. Jenny Wigley explains why.
Bidders and legal entities
Is it obligatory for bidders to remain as the same legal entity between pre-selection and submission of tenders? Tim Care and Melanie Pears comment on a CJEU judgment.
Declarations of ineffectiveness and the Public Contracts Regulations 2015
A recent procurement case has brought into into focus the circumstances when the remedy of a declaration of ineffectiveness may be available under the Public Contracts Regulations 2015, write Richard Collins and Kathrine Eddon.
In the frame
Anja Beriro and Peter Ware analyse some of the key considerations around the use of frameworks in public procurement.
Local authorities and governance - LLG's Codes of Practice
Rob Hann looks at the Lawyers in Local Government’s Codes of Practice for Local Authority Companies.
Local authority companies - the importance of good governance
James Hawkins and Scott Dorling consider the key issues that councils must consider when setting up local authority companies.
Transfer agreements and overage payments
A local authority recently succeeded in a summary judgment application in relation to overage payments due under a transfer agreement. Lina Mattsson explains how.
Redevelopments and rating
The Upper Tribunal has clarified the law on rating of buildings undergoing redevelopment. Dan Kolinsky QC and Luke Wilcox analyse the ruling.
The changing landscape of local authority Trading Standards prosecutions?
Richard Heller considers for LexisPSL Local Government the potential impact the case of Qualter and others v Crown Court at Preston [2019] could have on the way regional Trading Standards services investigate and prosecute criminal offences. (registration required)
Highways maintainable at public expense
If a highway authority built a highway, it is highway maintainable at public expense. Matthew White reports on a significant High Court ruling for local authorities.
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