Local Government Lawyer
Editor's blog: Salary sacrifice

This week’s decision by the Solicitors Regulation Authority to scrap the minimum salary paid to trainees was always going to be controversial. And so it has proved.

The SRA Board concluded that it was not its role to decide what the market should pay and that setting a minimum salary above the minimum wage rate was “not in the public interest”. Indeed it is currently the only regulator to impose such a requirement. Read more...

Jobs update: Torridge District Council is looking for an assistant solicitor and a legal assistant/legal executive. Apply today!

New courses on Local Government Law.tv: The Court of Protection: Three Practical Problems and Article 5 and the Court of Protection by 39 Essex Street.

An annual subscription to Local Government Law.tv - providing unlimited access to all our courses - is just £199 +VAT. For an additional £150 +VAT you can attend a full day of face to face training on an LGG course. This means you can meet your full yearly CPD requirements for less than £350 +VAT.

News headlines

EqualityGovernment unveils plans to review public sector equality duty Ministers also intend to repeal socio-economic duty, reform Equality and Human Rights Commission

Council to prioritise local, working residents in new housing allocation scheme Hammersmith & Fulham also announces aim to break link between homelessness applications and social housing tenancies

London borough faces judicial review over day centre closures Lawyers for claimants allege inadequate consultation

Seizure by trading standards lawful despite CJPA breaches: High Court Judge pointed out that it was not suggested that the traders suffered any prejudice as a result

Council fends off bid in Court of Appeal to block demolition of eyesore
Row with property developer over fate of ICI's former headquarters

ICO fines councils £70k after social work information stolen from home of employee Decision significant in relation to handling of paper records

ICO to introduce revised model publication scheme in April 2013 But guidance specific to local government could be updated earlier

SRA to scrap minimum salary for trainees in August 2014 Fears of impact on women and BME groups

Personal budgets, mediation "part of biggest reforms of SEN for 30 years"  New legal right for parents to control personal budgets

OFT gets ad giants to change way contracts enforced with councils Publishes recommendations to local authorities on the way they award street furniture contracts

Defra consults on modernising process of recording rights of way

Council and care home providers both claim High Court victory in fees battle

Care applications: another month, another record

EHRC unable to establish if equalities duties met in 2010 spending review

Nightclub to pay £76k in costs after losing appeal over cut in opening hours

SRA sets advocates deadline to notify they will seek QASA accreditation

NAVCA rejects Government procurement pledge in favour of LGA draft

Scottish Government eyes 50p as minimum price per unit of alcohol

Ombudsman calls on council to pay up over waste station nuisance

See all of our most recent news stories (18)

New articles on Local Government Lawyer

RCJJudicial review, settlement and costs
The Court of Appeal has given clear guidance on the issue of costs in judicial review claims where a settlement is reached before trial, writes Catherine Rowlands.

Control, alt, delete?
The bulk of the First-Tier Tribunal’s most recent decisions under both FOIA and the EIR have concerned local authorities. Adequate searches, deleted emails and hard drives and listed building consent feature prominently. Robin Hopkins sets out some notable points from four of the decisions.

Exclusion zone
Satnam Virdi examines new statutory guidance issued by the Department for Education that will apply to school exclusions from 1 September 2012.

Capacity, consent and sexual relations
The question of the appropriate test to apply when considering whether someone has capacity to engage in sexual acts is one the courts have been wrestling with. Sally Gore looks at the lessons to be learned from the most recent judgments.  

Guiding hand
In the first of two articles Roy Light examines the changes brought in by the Home Office’s amended Guidance under the Licensing Act 2003 Part 1. 

When is an offer too good to be true?
David Hansom reminds contracting authorities of the issues when a bid needs to be investigated as an abnormally low tender. 

Easy does it
In the first of two case summaries over rights of way, Emma Humphreys reports on a dispute over a local authority car park.

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Featured Courses on Local Government Law.tv

All courses are CPD-qualifying. Your first course is FREE.

All courses now also available on DVD


Bircham Dyson BellInfrastructure Planning and the role of Local Authorities This course examines recent case law affecting how the courts will determine whether an individual is legally a child or not and provides guidance on what evidence should and should not be taken into account.

CornerstoneThe Police Reform and Social Responsibility Act The purpose of this course is to provide a general overview of the new provisions to enable licensing authorities and industry lawyers and operators to begin to prepare themselves for the impending changes.

Act Now TrainingCloud Computing and Data Protection Many organisations are contemplating using Cloud computing. But what happens to Data Protection when you surrender your data to the cloud? How can you ensure that you are complying with the Data Protection Act?

PannoneAge Assessments This course examines recent case law affecting how the courts will determine whether an individual is legally a child or not and provides guidance on what evidence should and should not be taken into account when making anassessment.

ITCPsychological First Aid: Mental health in the workplace Next to back injury, stress is responsible for more sick leave than anything else in modern times. This is an issue, which cannot be ignored!

TPPSuccessfully Resolving Workplace Conflicts Workplace disputes can be time consuming and costly. This course provides guidance on disciplinary and grievance procedures including an explanation of relevant case law and legislation.

LGLtvUnlimited access for 12 months Unlimited access to all online content on Local Government Law.tv gor just £199 + VAT with the option to add a full day LGG course for £150 +VAT, covering all of your annual CPD needs for less than £350 (+VAT).

Click here to see all courses on Local Government Law.tv (72)

BlogsThe latest blogs...

Changing Horses by Nicholas Dobson
The proverb about not changing horses in midstream seems applicable to Basingstoke and Deane Borough Council, which acquired a plot of land for housing development and subsequently took decisions inconsistent with this purpose.

Snap judgement: Are 'Regional Hubs', as suggested by Kent CC's Geoff Wild, the future for local government legal services?

...Yes, economies of scale are crucial

...No, councils need their own legal teams

Click here to vote now

And some you may have missed....

The General Power of Confidence - a new hope?
The general power of competence has been designed to give councils the confidence to act, using the power as their primary tool, without need to refer back to central government. The question is: will the new power deliver? Read Nicholas Dobson's in-depth report.

Changing of the guard
Graham Richardson looks at recent developments in relation to the complex issue of TUPE and service provision changes. 

Are you ready for the Public Services (Social Value) Act 2012?
Deborah Ramshaw examines the potential impact of the Public Services (Social Value) Act 2012 and provides tips on how local authorities can prepare.

Making the link
The High Court has given useful guidance on the construction of the EIA Regulations for functionally interlinked development under separate planning applications, says Ned Helme.

Charging, trading and the Localism Act
Rob Hann considers the impact of the Localism Act 2011 - and in particular the General Power of Competence - on the ability of councils to charge for services.

Making a statement
Sarah Pearson looks at developments in the drive to tackle anti-social behaviour, including the new Community Harm Statement.

Failing to assess SEN
The Upper Tribunal has handed down a significant ruling in refusal to assess SEN cases. Tom Cross explains why the judgment is likely to be relied upon by appellants.

Control test
Many organisations own or lease buildings which may contain asbestos. Anyone responsible for the maintenance or repair of such premises should be aware of the incoming changes to legislation, argue Tim Hill and Katharine Vickery.

Practice area pages:  Adult social services, Children's services, Community safety, Employment, Governance and risk, Healthcare, Housing, Licensing, Litigation, Planning, Procurement and contracts, Projects, Property and assets, Transport, Management

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Featured jobs
Torridge District Council
Assistant Solicitor
You will primarily be responsible for dealing with property and planning related matters.

Legal Assistant/Legal Executive
You will possess a relevant legal qualification (Solicitor or Legal Executive) or relevant experience and have sound knowledge of planning obligations, enforcement and planning appeals and with property related matters.

Only a week until the closing date!

NQ Childcare Solicitor
Our local authority client is looking to take on an NQ with experience of Childcare law to work with them for at least six months.

Property Locum
An excellent opportunity has arisen for a Property Locum to join a local authority in East Anglia for six months.

Civil Litigation

This London Borough which is centrally located is seeking for two Civil Litigation lawyers to join their team for one - two months initially.

Contracts Solicitor
Our client, a local authority based in Northamptonshire, is looking for a Contracts Solicitor to join its legal services team on a locum basis.

Immigration Solicitor
A not-for-profit organisation offering advice on a full range of legal issues is keen to recruit a part-time immigration solicitor to cover a period of maternity leave.

Childcare Lawyer
An exciting opportunity has arisen for a Locum/Contract Child Care Lawyer in the Greater Manchester area.

Head of Legal
Our client is looking for a pragmatic Head of Legal to lead the internal team through what is an exciting period.

Commercial Litigator
A PLC, with offices in the North West, is looking for a commercial litigator with 5 years plus PQE.

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