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NEWS HEADLINES
 
Guide published for councils on making evidence-based decisions and countering 'fake news'
Solace, Centre for Public Scrutiny and Alliance for Useful Evidence (supported by Nesta) issue guidance for local government scrutineers aimed at helping councils make better, evidence based decisions

Landlords found guilty after housing 31 people in four-bed London home
Three family members who received £112,000 a year by housing 31 people in four-bedroom home in Wembley, found guilty of breaching landlord licensing rules

High Court judge throws out application to commit council housing officers
Man who unsuccessfully sought to make committal application against housing officers and accused lawyer of making false statement, sees judicial review application dismissed as without merit and is ordered to pay costs

Council in fresh consultation on late night levy after legal challenge
London borough halts plans to introduce late night levy from beginning of June, following judicial review challenge by Association of Licensed Multiple Retailers. Council will now run fresh consultation

Chief exec steps aside temporarily after arrests in joint venture investigation
City council’s chief executive arrested along with three other men as part of investigation into conspiracy to pervert course of justice and witness intimidation

Durham appoints new head of legal and democratic services
County council hires acting head of legal and democratic services and monitoring officer at Coventry
MUST-READ FOR PLANNING LAWYERS: The Suffolk Coastal case and local planning authorities
Hereward Phillpot QC considers the implications for local planning authorities from the Supreme Court’s judgment in the Suffolk Coastal District Council case.
Kent and 21 law firms named on national higher education legal panel
Kent County Council Legal Services, which will next month become alternative business structure Invicta Law, appointed alongside 21 law firms to new national legal services framework agreement for higher education sector worth potentially £70m a year. (On Public Law Today)

Drug company shares suspended after council appoints administrators
Shares in pharmaceutical company suspended from trading on AIM market of London Stock Exchange after city council appoints administrators over unpaid £2m loan

Agent claiming to be unaware property was HMO, loses appeal over fine
Lettings agent that claimed that it was unaware property was house in multiple occupation loses its appeal over £20,000 fine

Resident pursues judicial review in bid to halt development vehicle
Local resident to press ahead with legal challenge to London Borough of Haringey’s decision to select its preferred partner for development vehicle as it presses ahead with one of country’s largest regeneration schemes
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Law On Demand

Locum lawyers have consistently been the solution for local authorities in times of increased workload or staff shortages. And as most working in local government will know, from April 2017, IR35 is changing. This has now created a dilemma for many local authorities who rely on locums to provide additional support. Read more...


Matrix barrister named legal director at equalities watchdog
Elizabeth Prochaska appointed as new Legal Director for Equality and Human Rights Commission, shortly after chair of watchdog vows to create more "muscular regulator"

Lord Chief Justice appoints 21 Deputy High Court Judges
Barristers from 11KBW, 39 Essex Chambers and 1 Garden Court are among 21 new Deputy High Court Judges appointed by the Lord Chief Justice for single fixed four-year term

No5 Chambers pays tribute following death of family law barrister
Sara McCarthy, barrister in No5's Family Law Group who regularly acted for local authorities, died suddenly and unexpectedly in her sleep

Major care home providers refuse to sign contract with council in fees row
Dispute with group of care home providers over fee levels could affect more than half of county's care places

RTPI calls for reforms to Land Compensation Act 1961 to boost councils
Government should reform 1961 Land Compensation Act to allow local authorities to compulsorily purchase land at existing use value and capture increase in land value following public investment in infrastructure, Royal Town Planning Institute says
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MORE NEWS STORIES

Landmark Chambers names Rupert Warren QC as joint head of chambers

Set names planning law specialist Rupert Warren QC as joint Head of Chambers, after Richard Drabble QC’s term came to end

More Cornish parishes use neighbourhood plans in bid to limit second homes
Two more parishes adopt neighbourhood plans that seek to limit spread of second homes, following referenda

Social worker struck off after falsely claiming to have made case visits
County council agency social worker struck off for falsely claiming to have made case visits

Council wins injunction over occupation following unlawful land clearance
Borough secures extended injunction preventing further development on farmland in Chertsey which has been occupied by nearly 40 caravans

See all of our most recent news stories
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Trowers & Hamlins acts for Hackney on site acquisition from Tesco
Durham appoints new head of legal and democratic services
Matrix barrister named legal director at equalities watchdog
Landmark names Rupert Warren QC as joint head of chambers
Lord Chief Justice appoints 21 Deputy High Court Judges
Browne Jacobson promotes seven to partner, six to legal director

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DON'T MISS: Judical Review Conference: Developments in Public Law - 7BR. London, 6 June. Speakers include Sir Ross Cranston, the recently retired Lead Judge of the Administrative Court, and Richard Clayton QC, Head of public law at 7BR.

EVENTS:

This week's analysis

Legal owners lacking mental capacity to deal with land
LexisPSL Local Government, in partnership with Rebecca Sharpe of RJR Legal Ltd, examine the options where a legal owner lacks mental capacity to deal with land.
 
The role of the Returning Officer
Mark Heath examines the legal status of the Returning Officer for those running the General Election on 8 June.
 
The widening gap in the law in England and Wales
Huw Williams examines the increasing divergence between the law in England and Wales and considers what this means for local authorities.
 
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.
 
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.

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.

The extent of the Court of Protection's powers
The Supreme Court has handed down an important ruling on the limits of the Court of Protection’s powers, writes Ben Zurawel.
BLOGS: Service standards or service excellence?
Service standards could have the effect of lowering expectations of excellence when we should be raising them instead, writes Geoff Wild.

SUPPLIER OF THE WEEK: Act Now - expert training in Data Protection,Freedom of Information and Surveillance Law.


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

Adult Social Services: Who guards the guards?
The Court of Protection team at 39 Essex Chambers examine a recent case on responsibility for monitoring standard authorisations.

Adult Social Services: Funding the Deprivation of Liberty Safeguards
A High Court judge has refused to interfere with Central Government’s alleged underfunding of the Deprivation of Liberty Safeguards regime. James Goudie QC analyses the ruling.

Adult Social Services: At the limits of best interests
In a trilogy of judgments, a judge made findings of fact, determined mental incapacity, and made best interests decisions on behalf of a lady in her 60s with cerebral palsy. The Court of Protection team at 39 Essex Chambers reports.

Adult Social Services: DoLS and inquests - a change in the law
As a result of a new legislative provision, the law on when inquests are required for people lawfully deprived of their liberty either by the DoLS or the Court of Protection has changed, with effect from 3 April 2017. John Glendening, Robin Constable and Ken Slade report.


Adult Social Services: Top ups for local authority and CCG fees
Jonny Landau examines the issues for care home providers, local authorities and clinical commissioning groups in relation to topping up fees.

Adult Social Services: Claiming within time
A High Court judge recently refused to extend the limitation period for a £100,000-£150,000 damages claim against a local authority over an alleged deprivation of liberty. The Court of Protection team at 39 Essex Chambers explain why.

Children: Translating bundles: who pays the bill?
The Court of Appeal has sought to clarify which party should pay the costs of translating documents served in family public law proceedings. Jake Richards examines its conclusions.

Children: What is an ‘unrealistic option’ in the Re B-S context?
Ruth Cabeza analyses the issues raised by use of the phrase 'not a realistic option' in child care cases.


Children: Secure accommodation orders - children or young people placed in Scotland
English local authorities looking to place children in secure accommodation in Scotland have faced significant legal hurdles. Lucia Clark and Anna Forsyth explain how they have been overcome.

Children: Conduct powers over costs
A Family Court judge has recently handed down a key ruling for both local councils in respect of adverse costs orders in family and human rights litigation. Jessica Swanell reports.

Community Safety: Summary review, crime and disorder
The London Borough of Croydon recently defeated an appeal by a nightclub over reduced operating hours. Gary Grant explains why.

Community Safety: Before its time?
Can a local authority use the Anti-social Behaviour Crime and Policing Act 2014 in relation to incidents that occured before the Act commenced? Jonathan Manning reports.

Dispute Resolution: Historic abuse claims: when is too late?
Six reported cases in three months give clear judicial guidance on when the court should/should not disapply the limitation period, argue Paul Donnelly and Samantha Chambers.

Dispute Resolution: Costs in Court of Protection proceedings
Alistair Cantor considers a case which serves as a cautious reminder that the general rule that parties bear their own costs in Court of Protection proceedings, can be displaced in cases of unreasonable conduct.

Dispute Resolution: Personal injury and s.41(1A) Highways Act 1980
Andrew Clarke examines a ruling that a defendant highway authority was not liable for a claimant’s fall caused by ice on a footway which had not been treated.


Dispute Resolution: LASPO and recovery of success fees and ATE premium top-ups
Claimants have secured a huge win in the Supreme Court in relation to success fee and after the event legal expenses insurance premium recovery, writes Caroline Cousins.

Dispute Resolution: The effects of Merrix on a paying party
A recent High Court decision on costs has caused significant concern among paying parties, writes Emma Robinett.

Dispute Resolution: Repairing potholes: the Court of Appeal view
The Court of Appeal recently issued an important ruling on the approach highways authorities should take towards repairing potholes. Steven Conway considers the implications.
 
Dispute Resolution: Defending a claim for judicial review
This LexisPSL Public Law checklist, produced in partnership with Stephen Hocking of DAC Beachcroft highlights the key steps and considerations for defending a judicial review claim including preliminary assessment, acknowledgement of service and skeleton arguments.

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: Robots for hire? AI and your workforce
A recent report revealed that approximately 30% of UK jobs could be automated within the next 15 years. Anne Palmer asks: what does the growth of AI mean for HR and your workforce?

Employment: The Supreme Court on indirect discrimination
In indirect discrimination the reason why is not relevant, the Supreme Court has said. Phil Allen looks at the implications of the ruling for employers.
 
Employment: Paint a picture - do you see an employee or a contractor?
Responsibility for determination of employment status under IR35 shifts from off-payroll workers to public bodies this week. Azhar Ghose analyses what is a significant shift for legal services.

Employment: When does notice of termination take effect?
The Court of Appeal recently ruled that where an employment contract is silent on the point, notice takes effect on actual receipt of the notice by the employee. Jenny Marley analyses the judgment.

Employment: Dismissal on grounds of ill health
Harmajinder Hayre looks at the lessons to be learned from a Court of Appeal ruling in an employment case which involved dismissal on the grounds of ill health.

Governance: The law behind the General Election on 8 June
Mark Heath sets out where the law can be found underpinning the forthcoming General Election on 8 June and where those running the election or giving electoral law advice should look to find guidance and assistance.

Governance: The future shape of local authorities
What sorts of characteristics will the local authorities of the future display? Tiffany Cloynes reports.

Governance: English devolution
Richard Clayton QC analyses the complex scheme for the establishment of combined authorities under the Local Democracy, Economic Development and Construction Act 2009 and considers the lessons from the Derbyshire County Council case.

Governance: Any port in a storm?
Local authorities that manage municipal ports need to consider a wide range of legal issues, writes Lara Moore.

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: Part VII, civil rights and review decisions: Poshteh in the Supreme Court
Christi Scarborough discusses the recent Supreme Court housing case of Poshteh v RBKC, addressing the overlap between the Part VII procedure and Article 6 ECHR as well as the discretion given to reviewing officers.

Housing: Contracting out homelessness decisions
Peggy Etiebet examines how issues over local authorities contracting out their homelessness functions continue to rumble on.

Housing: The High Court upholds discriminatory housing allocations scheme
In partnership with LexisPSL Local Government, Alex Campbell, barrister at Arden Chambers, considers a recent case where a High Court judge considered a housing allocations scheme giving preference to those who work or volunteer in the community.

Housing: The Homelessness Reduction Act 2017: Challenges, Opportunities
The Homelessness Reduction Act 2017 provides a real opportunity for local authorities, writes Matt Lewin.

Housing: Housing allocations and prioritising working households
A London borough has successfully defended its policy of giving priority in its housing allocation scheme to working households. Christopher Baker explains how.


Housing: Introductory tenancies and service of s.128 notices
The Court of Appeal recently considered whether a notice under s.128 of the Housing Act 1996 was valid. Sarah Salmon looks at the lessons from the ruling.

Housing: Human rights challenges and the social housing rules
The Court of Appeal has rejected a challenge under the Human Rights Act 1998 to the legislation governing the right to succeed to a secure tenancy. Ben Lask explains why.

Housing: Do actions speak louder than words?
Ben Gant examines a recent case where a city council arranged for a company to place 'guardians' in a former care home it owned.

Housing: HMO licence conditions and types of occupier
Can HMO licence conditions restrict occupation to a type of occupier, such as a student? Sarah Salmon reports on a recent Court of Appeal case.

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.

Information Law: Yet another subject access judgment…
Anya Proops QC analyses the latest ruling on subject access requests, this time from the Court of Appeal.

Information Law: GDPR: goodbye notification, hello fees
Ibrahim Hasan looks at how the Government intends to ensure the Information Commissioner's Office is funded when the General Data Protection Regulation replaces the Data Protection Act.

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.

Licensing: Licensing procedure – traps for the unwary
Ian de Prez examines some of the procedural issues faced by licensing sub-committees, and considers a House of Lords committee's proposal that their responsbilities be transferred to planning committees.

Licensing: Immigration and licensing applications
Paddy Whur sets out the new measures on immigration status and right to work and their impact on licensing applications.

Licensing: Winning at altitude
In what is thought to be a first, an appellant has succeeded in overturning a revocation decision of Westminster City Council on appeal, writes Philip Kolvin QC.

Licensing: Big changes afoot for summary licence reviews
Anna Mathias discusses significant changes to the summary reviews procedure which will come into force on 6 April.

Licensing: Streets ahead?
Trade objectors recently tested the definition of a “street” in a betting office application case. Andy Woods examines the outcome.

Licensing: When can premises be closed by the council or the Police?
Kuljit Bhogal surveys the powers available to close commercial premises that are the source of anti-social behaviour.

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: You can’t park here!
Caroline Bywater looks at the ability of planning authorities to demand restrictions on applications for parking permits.

Planning: Conditions and PD rights
When does a condition restricting use remove permitted development rights? Roy Pinnock provides an update following a recent Court of Appeal ruling.

Planning: Standing and substituting claimants in statutory planning appeals
A Planning Court judge has recently considered the approach taken to the issue of standing and the substitution of parties in statutory planning appeals. Sarah Sackman reports.

Planning: Permissions in principle and brownfield land
The Town and Country Planning (Permission in Principle) Order 2017 has come into force, allowing "permission in principle" to be granted for housing-led developments on brownfield land. Chris Bowes and Rebecca Roffe look at the key provisions and the effect the Order may have on developments on brownfield sites.

Planning: The Lancashire fracking challenge
The High Court recently considered a legal challenge to planning permissions granted by the Communities Secretary to a fracking company. Yaaser Vanderman explains the outcome.


Planning: The interpretation of conditions and restriction on GDPO
Alistair Mills report on a signification Court of Appeal ruling on the interpretation of a planning condition.

Planning: Demolitions in Conservation Areas
The High Court has decided what the judge described as a “small but important point” regarding the proper approach to the demolition of walls in Conservation Areas. Isabella Tafur explains the outcome.

Planning: Care needed in applying local green belt policies
The Court of Appeal has quashed planning permission for a power installation on metropolitan open land. Roy Pinnock explains why it disagreed with the High Court.
 
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.

Procurement: Correcting obvious errors in procurement bids
Does a contracting authority have an obligation to allow a bidder to correct an obvious error in its bid after the bid deadline has passed? Helen Prandy reports.

Procurement: A 'sufficiently serious' breach?
What is a 'sufficiently serious' breach justifying damages in a public procurement claim? Stephen Pearson examines a case that went all the way to the Supreme Court.

Procurement: Not having your cake and eating it
Andrew Millross highlights a recent opinion of the Advocate General about procurement obligations and the subsidiaries of contracting authorities.

Procurement: Clear as day – procurement and transparency
Jenny Beresford-Jones examines the latest version of the transparency principles for procurement issued by the Crown Commercial Service.

Procurement: Judicial review and procurement challenges
Is there a place for judicial review in procurement challenges? Colin Ricciardiello reports on an important case for contracting authorities.


Procurement: The essential activities test
A recent Court of Justice of the European Union ruling relating to the Teckal exemption will be of interest to contracting authorities considering alternative delivery structures and shared services, write Melanie Pears and Tim Care.

Procurement: A third way?
A recent Court of Justice of the European Union ruling suggests potential new avenues for public to public co-operation, write James Clayton and Mark Fitzgibbon.

Projects: Lessons from Edinburgh Schools PFI
A recent report into the Edinburgh Schools PFI contains important lessons for public sector clients, writes Louise Jobling.

Property: Service charges and third party contributions
The Court of Appeal has handed down an important ruling on costs, service charges and right to buy leases. Christopher Baker explains the outcome.

Property: Rateable values and the appropriate day
The Upper Tribunal recently considered the correct approach in ascertaining the ''appropriate day'' for calculating the rateable value of a house as part of an enfranchisement claim under the Leasehold Reform Act 1967 following the conversion of a building from two flats into one house. Richard Alford and Piers Harrison analyse the ruling.

Property: Borrowing money and investing in property
Is it lawful and, if lawful, is it prudent for the local authority to borrow money to invest in land? Alec Samuels analyses the issues.


Property: Refurbishment works and business rates
In a decision that will be welcomed by developers and property owners, the Supreme Court has held that a commercial property undergoing extensive refurbishment works was effectively exempt from business rates. Petra Billing and Ian Brierley report.

Regulatory: Environmental civil sanctions
The Upper Tribunal Administrative Appeals Chamber has given its decision on the first appeal to the Upper Tribunal against a stop notice served under Schedule 3 of the Environmental Civil Sanctions (England) Order 2010. James Maurici QC reports.

Regulatory: Prosecution of fly tipping
Jeremy Asher and Stephen Sadler examine the rise in fly-tipping incidents and the tools available to local authorities to tackle the issue.


Transport & Highways: Standards of highway maintenance
This LexisPSL Local Government article, produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
Test Valley - Head of Legal & Democratic Services

Southend - Assistant Director
Cheshire West and Chester
Cheshire West and Chester
Cheshire West and Chester


Cornwall - Senior Legal Officer Planning
Cornwall Council
Senior Legal Officer - Planning

Ceredigion County Council
Ceredigion County Council
Solicitors - one contentious and one non-contentious

nplaw
nplaw
Lawyer - Adult Safeguarding and Community Care

Surrey County Council
Surrey County Council
Team Lawyer - Property

South London Legal Partnership
South London Legal Partnership
Advocate - Social Care and Education x2

Sheffield City Council
Sheffield City Council

Childcare Lawyers x3
Knowsley Council
Knowsley Council

Assistant Solicitor - Regeneration
IPSEA CEO
IPSEA

Chief Executive Officer
Reigate & Banstead
Reigate & Banstead

Assistant Company Secretary
Derbyshire County Council
Derbyshire County Council
Solicitor - Adult Care
Solicitor - Employment

Birmingham City Council
Birmingham City Council
Solicitor (for Acivico)

Senior Solicitor - Children's Legal Team
Legal Assistant - Litigation

Hampshire County Council
Hampshire County Council

Adult and Education Solicitor
Herefordshire Council
Herefordshire Council

Senior Children's Solicitor x4
Children's Solicitor

Legal Services Lincolnshire
Legal Services Lincolnshire

Senior Lawyer - Commercial
LGSS Law
LGSS Law
Principal Paralegal - Litigation


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