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EVENT OF THE WEEK
Supreme Court overturns key Court of Appeal decision on ordinary residence
The Supreme Court has rejected a Court of Appeal ruling on who has financial responsibility for the care of an adult with physical and learning disabilities, instead ruling that the local authority initially responsible for meeting his needs as a child should be responsible for his care after the age of 18.
HB Public Law set to grow again with potential district council deal
Shared legal service to expand again as Cabinet at Aylesbury Vale considers five-year deal to delegate its legal services provision
Law Commission urges replacement of Deprivation of Liberty Safeguards
Government’s law reform advisory body proposes axing “deeply flawed” Deprivation of Liberty Safeguards and introducing new system, to be called “Protective Care”
CrowdJustice funding platform unveils second potential case against council
CrowdJustice website details second potential legal action against local authority in matter of days
Ex-Tower Hamlets mayor has £350K assets frozen
Assets belonging to the former elected mayor of Tower Hamlets Lutfur Rahman have been frozen by the High Court.
Former councillor wins right to bring council tax JR
A former councillor has been granted permission to being a judicial review against the London Borough of Havering over its decision to charge a portion of council tax to all residents of working age.
High Court rejects challenge to planning permission on bowls site
The High Court has rejected a challenge to a district council’s grant of planning permission to develop a bowls club site.
Council defends decision to prosecute "orange peel" littering case
Broxbourne Borough Council has defended itself for unsuccessfully prosecuting a man who dropped orange peel in a street.
HB Public Law set to grow again with potential Aylesbury Vale deal
London councils to cut suppliers in re-procured £20m+ barristers framework
Wandsworth Council to appoint legal advisers to £6.8m contract
Costs lawyers framework extended for 12 months
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MORE NEWS STORIES....
Private landlords group launches JR of Croydon selective licensing scheme
A group of private landlords is to take the London Borough of Croydon to judicial review over its licensing scheme.
Costs lawyers framework extended for 12 months
Adverse Costs and Recovery of Costs panel extended for further year ahead of re-tender exercise in Spring 2016
Local authority fined £20k over theatre employee fall
Borough council fined £20,000 after incident at theatre in which worker suffered fractured bone in his back
Claimant in challenge over alleged failure by DCMS to investigate library cuts
A claimant has applied for permission to bring a judicial review challenge against the Department for Culture, Media & Sport over its alleged failure to conduct an inquiry into changes to library services in Sheffield.
Islington appeals to housing association to keep commune open
The London Borough of Islington has urged a social landlord not to close one of London’s last remaining housing communes.
Vulnerable women wins damages from Health Trust over damage to doll 'baby'
A woman with severe learning difficulties has won a settlement against a hospital including for a damage to a doll she believed to be her baby.
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New articles on Local Government Lawyer
The clampdown on severance payments
Sarah Lamont looks at how employers and employees should prepare for new government regulations on public sector severance payouts.
The Court of Protection recently considered a local authority's application for the revocation of a mother's deputyship in relation to her son. The Court of Protection team at 39 Essex Chambers analyse the outcome.
Extensions of time and the merits of the appeal
The Court of Appeal has examined for the first time the issue – when considering an application to extend time for an appeal – of what regard a judge in a family case relating to children should have to the merits of the proposed appeal. Laura Vickers reports.
Who hears appeals is important
The Employment Appeal Tribunal has shed light on the make-up of internal appeal panels, writes Phil Allen.
Prematurity back in its box again
A recent Planning Court ruling has drawn a line over the issue of prematurity, says Roy Pinnock.
Archaeology and human remains
Richard Harwood OBE QC looks at issues around viability and the law concerning human remains.
The Northern Ireland Court of Appeal has handed down a ruling on voluntary overtime and holiday pay that will impact on the policies of employers across Great Britain. Jacques Algazy QC explains why.
Planning solar PV projects
Patrick Sweeney provides a guide for local authorities to setting up solar PV projects.
CALLING ALL HEADS OF LEGAL: We are conducting a survey on the future of local authority legal departments. If you have not received a link to the questionnaire, please contact Derek Bedlow on 020 7239 4917 or by email.
On our sister publication Public Law Today (external site):
Director of fair access warns "stubborn" selective universities
Section 17 leave for treatment
Government defeats court challenge to framework agreement for supplying locum doctors
Holiday back pay limitation
Any claims in relation to historic holiday pay issued from 1 July are subject to important limitations under new statutory rules which are now effective, writes Udara Ranasinghe
Location, location, location
A recent Advocate General's opinion has cast doubt on a contracting body's ability to require delivery in a certain location, write Ruth Connorton
and Mary Mundy
Zero hours, whistleblowing and severance
sets out three of the most significant changes introduced through the Small Business, Enterprise and Employment Act 2015 about which NHS employers in particular should be aware.
Charging overseas visitors
On 6 April 2015 the new regulations on charging overseas visitors for NHS healthcare came into force. Georgia Ford
explains the background, the key changes implemented, and their potential effect.
The latest blogs...
NIPA conference considers regime extensions
On Thursday the National Infrastructure Planning Association (NIPA), the body set up five years ago to share knowledge and promote best practice in the Planning Act regime, had its annual conference.
Want to be a book reviewer? Local Government Lawyer
is soon to launch a new online bookstore and we are looking for practitioners to review the latest legal titles as they are published. Instant fame (and free legal books) guaranteed. Please contact Derek Bedlow at email@example.com
or 0207 239 4917 with details of your areas of interest.
Catch-up on recent articles on Local Government Lawyer:
Adult Social Services: Liberty and the home
considers recent judgments on how protection against a deprivation of liberty can interfere with the right to live at home.
Adult Social Services: Best interests in the real world
The Court of Protection team at 39 Essex Chambers consider the lessons for local authorities from a recent best interests case involving a 74-year-old woman with a diagnosis of dementia.
Children: Damages for human rights breach
reports on a High Court case where a children’s guardian notified a local authority that she intended to issue proceedings in respect of its multiple breaches of a young boy's human rights.
Community Safety: The High Court on selective licensing
A council has successfully defended a High Court challenge to its decision to implement mandatory selective licensing in certain areas of the borough. Jonathan Manning
and Justin Bates
Education: Plus ça change
The election of a majority Conservative government appears to have taken everyone by surprise, including perhaps the party itself. But what does it mean for schools and academies? Simon Ramshaw
takes a look at four headline issues.
Education (on Public Law Today): Student accommodation and housing supply
The High Court has ruled on the approach to be taken under the NPPF and PPG to whether student accommodation should be included in a local planning authority’s housing land supply. Charles Banner
Employment: The rise of spinouts
The Conservatives’ general election victory could create further momentum in the move towards mutualisation and other spin-outs of public services. Bridgette Wilcox
and Paul Pugh
consider the implications.
Employment (on Public Law Today): Whistleblowing protection
considers the implications of a recent Employment Appeal Tribunal decision on the meaning of “in the public interest” in the context of whistleblowing legislation.
Governance: Information, documents or both – what is available under FOI?
reviews a Court of Appeal ruling relevant to public authorities who maintain that freedom of information is about access to information, not documents.
Healthcare (on Public Law Today): Giving evidence in a criminal trial
Attending court as a witness to give evidence in a criminal trial can seem like a daunting prospect. Hannah Taylor
provides a practical steer for health and social care professionals so that they know what to expect and what they should be doing.
Housing (on Public Law Today): The Supreme Court on vulnerability
discusses the Supreme Court's interpretation of vulnerability in relation to homelessness in the three linked appeals of Hotak, Kanu and Johnson.
Housing: A narrow distinction
A recent Supreme Court ruling on ‘intentional homelessness’ could have major consequences for local housing authorities, writes Alexander Campbell
Licensing: What's in store for charity lotteries?
Relaxation of regulation could open the way for more charity lotteries, write Sarah Payne
and Lucinda Ellen
Litigation: The Upper Tribunal on invalid decisions
The Upper Tribunal recently concluded that decisions taken by the Secretary of State for Work and Pensions in relation to Employment Support Allowance were so flawed as to be invalid. Morayo Fagborun Bennett
Litigation: Costs in Children Law Cases
looks at the effect of a recent Supreme Court decision on the liablitity of local authorities to pay a father's costs in placement orders cases.
Planning: Viability of developments
When is a development to be treated as viable? John Pugh-Smith
reports on a planning inspector's conclusions.
Planning: Key changes to EIA and CIL
Important changes in relation to environmental impact assessments and the community infrastructure levy came into force this week. Victoria Hutton
explains their signficance.
Procurement: The importance of record-keeping
A recent High Court decision has emphasised the importance to contracting authorities of creating a clear document trail when evaluating tenders in accordance with the Public Contracts Regulations 2015, writes Emma Butcher
Procurement: Options for local government trading
Interest in the opportunities presented by local government trading has never been higher. Rob Hann
examines the various delivery models and the challenges they bring.
Property: Dedication of a highway and interruption
examines a recent High Court ruling in a case where a landowner claimed that the dedication of a way as a public right of way had been interrupted by its closure over the Christmas period.
Property: Ground (f) and enforcement appeals
The High Court has clarified the extent of ground (f) in enforcement appeals under the Town and Country Planning Act 1990. Estelle Dehon
explains the ruling.
|The Importance of Judicial Review
||This presentation draws on legal and empirically based research on the use and effects of judicial review (JR) to consider why and how this process matters to local authorities and whether the process improves the quality of decision-making.
|Achieving Better Ethics Across Public Service Provision
||David Prince CBE, independent member of the Committee on Standards in Public Life, outlines his organisation's proposals for ensuring that outsourced providers of public services are subject to the same ethical standards as public sector organisations.
|Procurement and State Aid Reforms – The Commercial Impact
||This course investigates how the new procurement rules and changes to the state aid regime will practically affect local authorities investors in public service delivery, trade in services or generally act as a catalyst in economic development.
|Procurement Masterclass - The Tyranny of the "Sausage Machine"
||Michael Bowsher QC provides a personal view of some of the problems that the process-focused approach to public procurement is creating, and suggests some ways that lawyers can help achieve some of the social benefits it was intended to provide.
|The New Governance Landscape
||This presentation looks at how local authority lawyers can accomodate rapidly changing local government structures and delivery models against a legislative backdrop designed for another era.
|Lessons for Scrutiny from Rotherham and Mid-Staffs
||This presentation looks at the role that scrutiny - or the lack of it - played in the problems that came to light in Mid-Staffordshire NHS Trust and Rotherham Council and looks at how the effective systems of scrutiny can be designed and encouraged to pr
|New Delivery Models: Managing Governance in a Diverse Landscape
||As the number of new, and proposed, models for the delivery of public services continue to multiply, this course looks at the governance issues they create and how local authority lawyers and senior managers can manage an increasingly diverse landscape.
|Top Local Government Cases 2014
||Leading public law barrister James Goudie QC outlines and analyses the most important judicial decisions of 2014 as they affect local authorities.
|The Care Act 2014
||As the implementation of the Care Act 2014 fast approaches, this presentation identifies and explains the key elements of the Act that local authority lawyers need to be aware of.
|Equality Act Defences
||This course looks at the defences and tactics available to public authorities when faced with claims based on the Equality Act 2010 and provides an overview of how to prevent claims arising in the first place through an examination of the case law.