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NEWS HEADLINES

Westminster Council wins Hemming appeal at the Supreme Court
City of Westminster wins key victory in the long-running battle over the level of fees that local authorities can charge licensed premises


Family judge warns on cross-courting after councils express concern
Designated Family Judge for Cheshire and Merseyside issues warning to lawyers in area over ‘cross-courting’, after councils raised concerns that practice was resulting in their social workers being delayed at court for unacceptable periods

NW council suspends director of legal services as neutral act
Cheshire East suspended its Director of Legal Services and Monitoring Officer following meeting of its Investigation and Disciplinary Committee last week

Police and not council must pay for special advocates in family case: judge
Police and not local authority must pay for provision of special advocates in rare example of them being required for Family Court case, Cobb J rules

Borough persuades judge to quash decision on flats amalgamation
Royal borough successfully applies to High Court to have quashed decision by planning inspector to allow amalgamation of four flats into single dwelling

High Court quashes assessment that child was not 'in need'
Judge quashes assessment by London borough after it failed to re-assess whether child - following diagnosis of autism - was in need of assistance

Council eyes legal action after minister backs inspector on 100+ home site
Communities Secretary upholds planning inspector’s decision to allow housing development in Swindon, dismissing appeal by borough council which has threatened further legal action over issue

LGA to explore local government mutual to reduce cost of insurance
Local Government Association urges local authorities to become founding members of local government mutual aimed at reducing amount councils spend on insurance

Ombudsman slams failures on decision making for those lacking mental capacity
Some councils and care providers do not properly understand processes for making decisions on behalf of people who lack mental capacity, Local Government and Social Care Ombudsman says in report
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Judge refuses permission in latest state aid challenge over sports stadium
High Court judge refuses owners of Coventry City Football Club permission to seek judicial review in their latest state aid challenge over decisions taken by Coventry City Council

Sir Ian Burnett selected to be next Lord Chief Justice
Sir Ian Burnett appointed Lord Chief Justice of England and Wales from 2 October 2017, taking over role on retirement of Lord Thomas of Cwmgiedd

Home Office fined for breaching pay cap rules
Home Office heavily fined by Treasury over salary it agreed for chair of Independent Inquiry into Child Sexual Abuse

Court upholds parking charges on hospital staff
Cardiff and Vale University Health Board defends its staff car parking policy after employees were left with large bills when they lost court case on charge

School at centre of gender segregation court case forced to become academy
School in Birmingham at centre of court battle over gender segregation is set to be compulsorily turned into an academy byGovernment
READ OUR 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.
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MORE NEWS STORIES

Court rejects damages claim over alleged exposure to asbestos during tenancy

High Court judge rejects claim for damages brought by widow who argued that her husband had suffered malignant mesothelioma as result of exposure to asbestos during his tenancy of council-owned property

Taxi and PHV licensing legislation “inadequate and outdated”, LGA to tell MPs
Current legislation for licensing of taxi and private hire vehicles (PHVs) is “inadequate and outdated”, Local Government Association says in briefing prepared ahead of debate in Parliament this week

Judge dismisses judicial review challenge to planning permission for Stamford Bridge stadium works
High Court judge refuses to give permission for judicial review challenge to London Borough of Hammersmith & Fulham’s grant of planning permission for Chelsea’s Stamford Bridge stadium works that will bring capacity to 60,000

Electoral Commission calls for action on duplicate registration applications
Urgent action is needed to reduce both scale and administrative impact of duplicate registration applications ahead of future polls, Electoral Commission says

Competition authority lifts restrictions on Bristol bus operators
Obsolete competition undertakings that governed bus services in Bristol area lifted by Competition and Markets Authority

Fire Authority sets out opposition to Police Commissioner takeover
Cambridgeshire and Peterborough Fire Authority members object to plans from area’s police and crime commissioner to take over its responsibilities

See all of our most recent news stories
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Hyde Group to procure multi-million pound legal services panel
Lincoln House wins £1m GMC contract for interim orders advocacy
Mills & Reeve "comfortably outperforms" UK 100 average growth
DAC Beachcroft records rising turnover and profits per partner

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LOCUM JOBS ACROSS THE COUNTRY: Senior Adult Social Services Lawyer (East Midlands), Contracts Lawyer (South West), Housing Litigation Solicitor (East Midlands), Housing Lawyer (Leicestershire), Housing Lawyer (Yorkshire), Commercial Contracts Solicitor (East Anglia), Prosecutions Lawyer (London), Childcare Lawyer (Greater Manchester), Childcare Legal Oficer (Lincolnshire) and Property Paralegal (East Midlands).

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This week's analysis

Dismissing senior public servants and officers
Susan Belgrave sets out the lessons to be learned from a judicial review of the dismissal of a chief constable.

Consortium bidding in public procurement - examining the opportunities and the risks
This LexisPSL Public Law analysis by Peter Ware and Jennifer Grigg of Browne Jacobson LLP examines the opportunities and risks of consortium bidding in public procurement.

Local authority housing company funding: no one size fits all
Imogen Fisher sets out some of the key considerations when local authorities fund wholly-owned housing companies.

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.

Summary reviews: sometimes a sledgehammer to crack a nut?
Are expedited reviews the only tools available for dealing with problem premises, or should they be reserved for only the worst-offending premises? Paddy Whur considers the best approach.

Duties in relation to falls causing serious injury
Following the judgment of the Court of Appeal in Edwards v Sutton London Borough Council the Courts have again considered the question of the duties of occupiers and highway authorities in relation to a fall causing serious injury. Lea Brocklebank and David Williams report.

Reference ruled discriminatory
An employment tribunal has ruled that a reference given by an employer was unfair and amounted to disability discrimination and victimisation. Harmajinder Hayre explains why.

Age assessment and withdrawal of support
A judge has considered the lawfulness of a council’s policy of withdrawing services from someone claiming to be an unaccompanied child asylum seeker at the same time as giving summary reasons for its decision that they were not under 18. Joshua Swirsky reports.
BLOGS: Understanding the objectives of clients
What will make your clients relish the opportunity to work with you again: content or delivery? Geoff Wild considers the issues.

SUPPLIER OF THE WEEK: If you are involved in cases that require DNA relationship testing or Hair Drug & Alcohol analysis contact us today to learn how we can help. With three decades at the forefront of DNA paternity testing, a leading Hair Drug & Alcohol testing service and as one of the largest forensic laboratories in the UK, Cellmark is a name you can trust.


Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: The role of the Care Quality Commission
LexisNexis Local Government, in partnership with Tim Spencer-Lane, sets out the role, powers and functions of the Care Quality Commission (CQC).

Adult Social Services: Litigation capacity under the spotlight
The Court of Protection team at 39 Essex Chambers examine a recent case where the law relating to litigation capacity was applied in practice.

Children: Placement for adoption and procedural fairness
A recent High Court ruling that quashed a placement for adoption makes important reading for all local authorities, writes Sarah Tyler.

Children: The continuing duty under s.17 Children Act 1989
Natalie Connor examines a recent Administrative Court ruling on whether a council had complied with its duty under s.17 Children Act 1989.

Children: Managing professional differences for children’s safeguarding decisions
Deborah Jeremiah looks at the important role escalation processes play in safeguarding children and young people.

Children: The Children and Social Work Act 2017
Jonathan Auburn looks at the impact on local authorities of the significant changes to be introduced by the Children and Social Work Act 2017.

Children: Section 20 of the Children Act 1989 – local authority duties
LexisPSL Local Government, in partnership with Claire Cousin, provide a comprehensive guide to local authorities' duties under section 20 of the Children Act 1989.

Children: Age disputes and interim accommodation
What happens young people whose age is questioned approach a local authority as homeless? Must they be accommodated as children, or can they be accommodated in temporary adult accommodation until their age is determined by the local authority? Jonathan Auburn reports.

Dispute Resolution: Affordability after Well-Managed Highway Infrastructure
Steven Conway examines a key concept being introduced to Well-Managed Highway Infrastructure - affordability.

Dispute Resolution: Costs budgets and detailed assessment
The Court of Appeal has handed down judgment in an important costs budgeting case involving a NHS trust. Roger Mallalieu sets out its findings.

Dispute Resolution: Roberts v Johnstone in a time of a negative discount
Andrew Parker, Paul Taylor and David Williams analyse a recent High Court ruling on the impact of a recent change in the discount rate on a Roberts v Johnstone claim for accommodation.

Dispute Resolution: Recovering costs – helpful hints (private law)
James E. Petts sets out some key considerations for local authorities looking to recover their costs.

Dispute Resolution: Bouldering claim falls over obvious risks
The duties of organisations providing sporting activities which include a risk of injury, and the extent to which a participant's acceptance of the inherent risks should impact on a subsequent injury claim, has again been considered by the courts. David Williams and Richard Rowe examine the latest case.

Education: Getting schooled by the Supreme Court
The Isle of Wight Council, backed by the Government, recently won a high-profile appeal to the Supreme Court in a case on unauthorised school absence. Alexander Campbell analyses the judgment.

Education: The Upper Tribunal on Education, Health and Care plans
The Upper Tribunal has issued an important ruling on the education of young people with special educational needs. Tom Tabori highlights the key findings.

Employment: The Taylor Review into 'gig' working
Matthew Taylor's much anticipated report on modern employment practices has been published this week. Sarah Maddock sets out the key findings.

Employment: Context is all
Jodie Sinclair looks at fair redundancy following absence for cancer treatment.

Employment: Employee misconduct and LGPS pension forfeiture
Doug Mullen examines the ability to confiscate an employee’s pension for misconduct or negligence during employment.

Employment: No bans on local authority disinvestment decisions
The High Court recently heard a challenge to government guidance on the investment strategy for the local government pension scheme that sought to prevent boycotts, divestment and sanctions against foreign nations and UK defence industries. David Hart QC analyses the outcome.

Employment: A warning for all multiple claims
Daphne Romney QC considers a recent Employment Appeal Tribunal decision whose impact goes far beyond equal pay claim.

Governance: Standards and investigating councillor misconduct
The High Court has dismissed a challenge to a council standards procedure. James Goudie QC, Peter Oldham QC and Ronnie Dennis set out why.

Governance: Councillors, council tax arrears and FOI
Ibrahim Hasan looks at how local authorities have responded when faced with FOI requests asking for the names of councillors in arrears over their council tax.

Governance: The impact of becoming British on EU rights
An Advocate General has recently concluded that becoming British does not mean the end of an EU citizen’s EU rights. George Peretz QC reports.

Governance: Election challenges
With the 2017 UK parliamentary general election this week, returning officers and their teams may be considering what options are open to the disgruntled candidate or elector who seeks to challenge the result of an election. Emyr Thomas explains.

Health: Putting yourself in the shoes of P
The Court of Protection team at 39 Essex Chambers analyse a case of standing in the shoes of P in a difficult decision as to cancer treatment.

Health: Deprivation of liberty on discharge: conditional discharge and CTOs
The Court of Appeal has handed down an important ruling in relation to deprivations of liberty, conditional discharge and community treatment orders. Louise Wilson analyses the judgment.

Highways: Outsourcing highway maintenance
James Fawcett examines the challenges of outsourcing highway maintenance in the new world of a ‘risk-based approach’.

Housing: Homelessness appeals and dependent children
Stefan Liberadzki discusses a court’s decision that a homelessness appellant’s children could not count as ‘dependent children’ because they were not 18 years of age or under.

Housing: Local authority employees, tied accommodation and Article 14 challenges
The High Court has rejected an Article 14 challenge regarding security of tenure for local authority employees occupying ‘tied accommodation’. Andrew Lane and Tara O'Leary explain why.

Housing: Preference for existing social housing tenants
A High Court judge has ruled that a London borough's housing allocation scheme preferring existing social housing tenants was not unlawfully discriminatory, but that the operation of a system of direct offers was unlawful. Christopher Baker and Richard Granby explain why.
 
Housing: Revisiting decisions on eligibility for homelessness assistance
A High Court judge has ruled that a London borough was not entitled to revisit a decision that an individual was eligible for homelessness assistance. Alice Richardson explains why.

Housing: Discretionary Housing Payment Policies: Long-term awards and relevant considerations
Jed Meers examines the lessons for local authorities on a key ruling in relation to discretionary housing payment policies.

Information Law: Don’t mention the bigger picture
Peter Lockley analyses an important Court of Appeal ruling on 'environmental information'.

Information Law: Subject access requests: the ICO revises its guidance
The Information Commissioner's Office has changed its guidance in relation to subject access requests. Robin Hopkins sets out the key points.

Information Law: Implementing the GDPR in the UK: lessons from Germany?
Can we learn from Germany's approach when it comes to implementation of the GDPR this time next year? Robin Hopkins looks at the lessons.

Information Law: Local government GDPR readiness: good and will get better
Press reports on recent research by the Information Commissioner's Office into councils' preparations for the General Data Protection Regulation suggested a lack of readiness. Ibrahim Hasan goes behind the headlines.

Licensing: A new enforcement strategy at the Gambling Commission
The Gambling Commission has unveiled a new enforcement strategy. Anna Mathias looks at the key points.

Licensing: Licensing: the negative side of “Positive Partnerships”
Partnership working may be the current preoccupation in licensing but it is not the solution to all its ills, warns Gerald Gouriet QC.

Licensing: A spent conviction by any other name
There has been a significant change to the law regarding the convictions and cautions that can be taken into account when assessing whether someone is 'fit and proper' to hold a Hackney Carriage / Private Hire driver licence, which is leaving councils in the dark and unable to have regard to the totality of a person's criminal conduct, writes Tim Briton.

Licensing: Bingo in pubs
In a key judgment, the Court of Appeal has ruled on the power of the Gambling Commission to refuse operating licences for bingo in pubs. Philip Kolvin QC explains the outcome.

Licensing: Unlawful plying for hire – where now following Sajjad?
Tim Briton analyses an important High Court ruling on unlawfully plying for hire and driving without insurance, and discusses the options for licensing authorities.

Management: Have your cake, eat it … and lose weight
Who do local authority clients prefer to work with, in-house lawyers or external law firms? Geoff Wild looks at the relative attractions.


Planning: Local authorities and DCOs
Paul Irving and Jane Wakeham analyse the role of the local authority in the Development Consent Order process.

Planning: The Court of Appeal on the presumption in favour of sustainable development
The Court of Appeal has resolved conflicting judgments on paragraph 14 of the National Planning Policy Framework and the presumption in favour of sustainable development. Gwion Lewis explains how.

Planning: What happens to old planning applications?
Georgina Reeves sets out how local planning authorities can deal with old planning applications.

Planning: The proper approach to development plan policy
The High Court’s dismissal of a challenge to the grant of planning permission for a crematorium is significant when it comes to the approach to development plan policy, writes Zack Simons.

Planning: The correct approach to 'setting'
The Planning Court has endorsed a broad approach to 'setting'. Emma Dring explains the ruling.

Planning: The Court of Appeal on certificates of lawfulness
In a case involving a basement development next to the French Embassy, the Court of Appeal has clarified the law relating to certificates of lawfulness of proposed use or development, write Tom Cosgrove QC and Robert Williams.

Procurement: Managing public procurement claims in the TCC
HM Courts & Tribunals Service is due to issue guidance for lawyers bringing complex public procurement claims to the Technology and Construction Court (TCC). As we await publication of the updated TCC Guide, Will Thomas and Peter Ware look at what the new protocol on public procurement cases will mean in practice.

Procurement: Approaches to the experience of tenderers
Melanie Pears and Tim Care provide an overview of a recent Court of Justice of the European Union decision that offers useful guidance to contracting authorities on the approach which can be taken to tenderers' experience both when creating a procurement specification and when seeking to clarify documents provided by a tenderer.
 
Procurement: Procurement and information security
Melanie Pears and Tim Care provide an overview of the importance of "information security" (which includes but is not limited to cyber security) in the context of public procurement practices.

Procurement: Errors in major public procurement projects
In association with LexisNexis Public Law, Richard Hanstock considers the lessons from a high-profile dispute over the procurement of a contract to decommission nuclear facilities.

Projects: The pitfalls of contractual joint ventures
Rebecca Hazeldine looks at some of the opportunities and pitfalls of joint ventures.

Property: The significance of heritage assets
The Planning Court has considered the correct interpretation of a paragraph of the National Planning Policy Framework on heritage assets for the first time – and has rejected the "literal meaning" of the Framework, writes Emma Dring.

Property: Relevant defects: functionality is not the test
The Court of Appeal recently considered whether the freeholders of a building were potentially liable under section 4 of the Defective Premises Act 1972 for injuries sustained by a man who fell down its stairs. Matthew Hyam and Simon Jones examine the outcome.

Property: The High Court clarifies the meaning of residential curtilage
The Planning Court has recently considered again the meaning of "residential curtilage". Estelle Dehon and Ashley Bowes report.

Property: Service charges: estimates, service and waivers
A London borough has successfully appealed a First Tier Tribunal ruling on service charges. Richard Alford explains why.

Property: Service charges, double recovery and third-party funding
Christopher Baker analyses a singular service charge case about double recovery and third-party funding and warns of increased uncertainty following a Court of Appeal ruling.

Regulatory: Eradicating hazards
The Court of Appeal has considered who should be served with improvement notices and what should be contained in them. Michael Paget examines its guidance.

Regulatory: Confiscation orders and S.10A POCA
Barnaby Hone examines the role of section 10A of the Proceeds of Crime Act 2002 in the enforcement of confiscation orders – a useful tool for local authorities to get it right first time.

Regulatory: Enforcement of confiscation orders
Barnaby Hone sets out some key considerations when it comes to ensuring confiscation orders are enforced.

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.
Enfield Council - Director Law & Governance



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Waltham Forest - Litigation Lawyer
Waltham Forest Council
Warwickshire County Council
Bond Dickinson - Procurement Lawyer
Bond Dickinson - Projects Lawyer
Croydon Council
Croydon Council
SEN Solicitor
Litigation/Prosecutions Lawyer

nplaw
nplaw
Senior Lawyer - Child Protection

Leicestershire County Council
Leicestershire County Council
Solicitor - Adult Social Care and Education

Portsmouth City Council
Portsmouth City Council
Senior Lawyer - Planning, Highways and Regeneration
Lawyer - Planning and Highways

Brighton and Hove City Council
Brighton and Hove Council
Civil Litigator - Debt Recovery for Adult Social Care

Lincolnshire Legal Services
Legal Services Lincolnshire
Principal Legal Officer - Information Governance

Warwickshire County Council
Warwickshire County Council
Legal Services Manager
Solicitor - Corporate and Commercial
Solicitor - Planning & Litigation PT

Reigate & Banstead Council
Reigate & Banstead Council
Legal Manager - Commercial and Litigation
Senior Lawyer - Property
Lawyer - Procurement and Commercial
Law Clerk - Litigation

Kettering Borough Council
Kettering Borough Council
Litigation Lawyer

Bolsover District Council
Bolsover District Council
Legal Team Manager/Solicitor - Contentious

Birmingham City Council
Birmingham City Council
Senior Solicitor - Adult Services and Human Rights

East Sussex Council / Orbis
Orbis/East Sussex County Council
Solicitor/Barrrister - Property Law
Solicitor/Barrister - Property, Planning, Highways
Legal Officer - Litigation and Infrastructure

Guildford Borough Council
Guildford Borough Council
Principal Solicitor - Contracts, Property & Procurement

Iken
Iken
Contracts Advisor

Newark & Sherwood District Council
Newark & Sherwood Council
Senior Legal Officer

Tower Hamlets Council
Tower Hamlets Council
Senior Planning Lawyer

Cornwall Council
Cornwall Council
Adult Social Care Lawyer
Legal Assistant x2

Dover District Council
Dover District Council
Commercial Lawyer

IPSEA
IPSEA
Legal Team Manager

Spelthorne Borough Council
Spelthorne Borough Council
Local Government Lawyer

Environment Agency
Environment Agency
Senior Lawyers - Property
Lawyer - Property

Herefordshire Council
Herefordshire Council
Senior Children's Solicitors x4
Children's Solicitor

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