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Councils misled into paying thousands of pounds a week to unregistered school: Ofsted

Watchdog warns local authorities to make decisions about educational placements with due diligence, after investigation finds number of councils were misled into paying thousands of pounds of public money for children to be educated in unsafe, unregistered school for children with highly complex physical and mental health needs
 
Court has no power to require Cafcass to undertake work with non-subject child, judge rules
Recorder could not order Cafcass to appoint one of its officers, whether children's guardian or otherwise, to undertake any work with or play any role with non-subject, non-party child, Family Division judge finds
Council right not to facilitate man with learning disabilities to have contact with sex workers, says judge
P, who has diagnosis of moderate learning disabilities and autistic spectrum disorder, has lived at number of residential properties and during this time he was facilitated to access sex workers, and then on occasions, to travel to Netherlands; council made application for court to determine P's capacity and best interests, specifically with regard to contact with sex workers
Court of Appeal judge gives permission for judgment to be cited on approach when seeking review of suitability of housing out of time
Lord Justice Males issues his reasons for refusing application for permission to appeal in judicial review challenge over council’s refusal to conduct review of suitability of accommodation provided to applicant
Supreme Court to hear dispute over registration of part of port as town or village green
Supreme Court agrees to hear port operator’s appeal in dispute over Essex County Council’s decision to register part of port as TVG, it emerges; before Court of Appeal landowner had argued that effect of registration would be to criminalise its continuing use of the TVG for same commercial purposes as took place throughout 20-year period
Leading retail chain and distributor ordered to pay £580k over sale of unsafe baby and child car seats
Three-year investigation by Milton Keynes Council’s Trading Standards team had seen representatives from defendants, Mamas and Papas and Christine Mitchell, plead guilty at earlier hearings to supply of unsafe car seats, offence under General Product Safety Regulations 2005
National Procurement Service in Wales to engage with suppliers on plans for replacement solicitors framework
Welsh Government’s National Procurement Service is to hold supplier events in North and South Wales to discuss its planned implementation of replacement framework agreement for provision of solicitors services to Welsh public sector; two councils were appointed to current framework in 2015
MUST READ: Taxi licences, hearsay evidence and risk assessment

A private hire driver has unsuccessfully appealed after a council refused to renew his licence following the receipt of anonymous hearsay evidence. Matt Lewin explains why.
 
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CALLING ALL CHILDCARE LAWYERS: South London Legal Partnership is hiring an Advocate - Social Care and Education (to £59,425 incl. supplement of up to £7,000). Closing: 12:00 on 7 October. See also: APPLY TODAY:  There are a number of other outstanding opportunities on Public Law Jobs:

LLG publishes guidance on EU Exit Statutory Instruments with local government impact
Lawyers in Local Government publishes guidance, EU Exit Statutory Instruments with Local Government Impacts, that is designed to set out broad range of governance documents which underpin local authorities, and which may be affected by secondary legislation brought in by government
Complaints about support for special educational needs "at exceptional and unprecedented level": Local Government and Social Care Ombudsman
Complaints about support for children with special educational needs are being upheld in nearly nine out of ten cases investigated (87%), compared to uphold rate of 57% in all other investigations; Ombudsman Michael King empathises with difficulties authorities face, but says “there can never be an excuse for failing to meet the statutory rights of children”
Family courts hearing FGM cases do not have jurisdiction to injunct Home Secretary on asylym matters, rules senior judge
There is no jurisdiction for family court to make FGM protection order against Home Secretary to control exercise of her jurisdiction with respect to matters of immigration and asylum, President of Family Division concludes
Equalities watchdog sets up legal support project for transport discrimination claims
Equality and Human Rights Commission launches legal support project to help individuals with transport discrimination claims; watchdog says it will consider complaints involving range of disabilities, including invisible impairments such as mental health conditions
Cory-Wright and Harwood named new Joint Heads of 39 Essex Chambers
Planning and environmental specialist Richard Harwood OBE QC and clinical negligence specialist Charlie Cory-Wright QC are elected as new Joint Heads of 39 Essex Chambers.
MUST READ: Abandoning a procurement challenge - when can a contracting authority extinguish a challenge?

Lucy James looks at the legal effect of a decision to abandon a procurement exercise and whether it extinguishes an accrued cause of action a bidder may have against a contracting authority for breaches of the Public Contracts Regulations 2015.
 
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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).

Housing Secretary floats further refunds if councils take too long to decide planning applications, but also a review of fees
Robert Jenrick says accelerated planning green paper will be published in November; proposals include new tiered planning system, further extension of permitted development rights, and review of fees to ensure planning departments are properly resourced
NHS bodies urge scrapping of s.75 tendering rules and removing healthcare commissioning from Public Contracts Regulations
There is strong public and NHS staff support for scrapping section 75 of Health and Social Care Act 2012 and for removing commissioning of NHS healthcare services from jurisdiction of the Public Contracts Regulations 2015, NHS England and NHS Improvement say
Daniel Stilitz QC named joint head of chambers at 11KBW
Daniel Stilitz QC appointed as 11KBW’s Joint Head of Chambers, to serve with existing Joint Head James Goudie QC; move follows John Cavanagh QC's appointment as High Court judge
Chambers secures £2.25m contract to deliver childcare advocacy for city council
Liverpool City Council appoints single barristers’ chambers to provide advocacy in court for its children’s services in childcare cases
Boost your career: Being a legal locum in local government
An increasing number of legal professionals are becoming locums. Rayhaneh Tehrani and Laura Smith explain the reasons why this is the case, and set out what they think candidates should consider when looking for jobs in local government.
See all of our most recent news stories

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Defendants ordered to pay £25k for planning breach when building extension as separate unit
Defendants never built what they had permission for but instead built completely separate unit that was then rented out; local authority says it was first time its planning enforcement team had used Proceeds of Crime Act
City council secures £40k fine over dangerous and unlicensed House in Multiple Occupation
City of Lincoln Council secured imposition of its second largest fine on rogue landlord; repairs needed would have only cost £6k to carry out
Caravan site business ordered to pay £100k+ following council-led prosecution over swimming pool incident
Business in Norfolk ordered to pay fines, costs and victim surcharge totalling £103,120 after swimmer was pulled unconscious from swimming pool; health and safety adviser also fined
FE colleges to seek legal professional advisers for proposed merger
Two further education colleges are to procure providers of legal due diligence services for their proposed merger.
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)

National Procurement Service in Wales to engage with suppliers on plans for replacement solicitors framework
Daniel Stilitz QC named joint head of chambers at 11KBW
Chambers secures £2.25m contract to deliver childcare advocacy for city council
Cory-Wright and Harwood named new Joint Heads of 39 Essex Chambers
FE colleges to seek legal professional advisers for proposed merger
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Governance of fire and rescue authorities

A recent case has considered the process where Police and Crime Commissioners seek to take over responsibility for the governance of their local fire and rescue authority. Mark Heath and Allison Cook analyse the ruling.
 
Exploring the limits of a public authority's liability for children
Duncan Fairgrieve and Jim Duffy, barristers at 1 Crown Office Row, examine the Supreme Court’s decision in Poole Borough Council v GN and another that the respondent local authority did not owe a common law duty of care to exercise its functions under the Children Act 1989 to protect the appellants, who were children of a family which it had housed, from harm at the hands of anti-social neighbours.
Biodiversity Net Gain - what are the key features?
The government is to introduce a requirement for development to deliver 'biodiversity net gain'. Liz Dunn provides an overview for local authorities, landowners and developers.
Flexible tenancy renewal
How can landlords deal with the inflexibilities of the flexible tenancy scheme? Jon Holbrook explains. (From our latest housing law newsletter)
The Court of Appeal on the CIL Regulations
The Court of Appeal has for the first time considered the interpretation of the Community Infrastructure Levy Regulations 2010. Tim Buley QC examines the outcome.
Workplace shoulder massages and harassment
Did a workplace shoulder massage amount to sex-related harassment? Charles Pigott reports on a recent Employment Appeal Tribunal ruling.
What now for shared ownership?
John Murray analyses the Government’s latest thinking in its consultation on shared ownership reform. (From our housing law newsletter)

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.
Being a legal locum in local government
An increasing number of legal professionals are becoming locums. Rayhaneh Tehrani and Laura Smith explain the reasons why this is the case, and set out what they think candidates should consider when looking for jobs in local government.
Making the right choice
Jennifer Mellani writes about her journey to being a local government lawyer specialising in health and social care.
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.
Re D - the Supreme Court, 16-17 year olds and confinement
The Supreme Court has handed down a much-anticipated judgment on 16-17 year olds, deprivations of liberty and parental consent. Alex Ruck Keene explains the ruling and sets out some practical implications.
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.
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.
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.
A "Purdie" big mess
A delay in the claimant's proceedings recently lead to a personal injury case against a council being dismissed entirely. Catherine Kearney 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.
'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.
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.
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.
General elections - the role of the Acting Returning Officer
Ben Standing sets out some of the steps Acting Returning Officers should be taking now, with another general election seemingly around the corner.
Electoral Petitions: the Law Commission's proposals for reform
Timothy Straker QC and Amrit Kaur Dhanoa make a case in favour of the Law Commission’s proposals for reform of electoral petitions.
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.
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.
Modular housing: key considerations
Tiffany Cloynes and Chris Hawrylak identify the issues for local authorities to consider when it comes to modular housing. (From our latest housing law newsletter)
The Tenant Fees Act: Does it have any teeth?
Katrina Mather assesses the likely impact of the Tenant Fees Act and the role of local authorities in its enforcement. (From our latest housing law newsletter)
Brexit and data protection
Damien Welfare sets out what you need to know when it comes to Brexit and data protection.
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.
Licensing: third party costs order
In the first High Court judgment on third party costs orders in licensing cases, the High Court has overturned a costs decision of a District Judge. Philip Kolvin QC explains why.
Compliance with conditions on a licence - You can't pick and choose
Paddy Whur looks at the consequences of a failure to comply with the conditions on a premises licence.
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.
Planning appeals and air quality
The Court of Appeal has ruled on air quality considerations in planning appeals. Ashley Bowes analyses the outcome.
CIL Pools and the latest changes (in England)
Rachel Sykes analyses the impact on local authorities of the latest changes to the Community Infrastructure Levy regime that came into force at the beginning of September.
Contract drafting and Brexit
Anja Beriro sets out some key considerations for local authorities drafting contracts as Brexit nears.
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.
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.
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.
Gypsy and Traveller site allocation policy defended
A city council recently successfully defended a judicial review challenge over its Gypsy and Traveller site allocations policy. Adrian Davis analyses the judgment.
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.
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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