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The MIddle Level Commissioners – a statutory corporation responsible for flood risk management and navigation on the major ordinary watercourses within an area encompassing parts of Peterborough City Council and Cambridgeshire and Norfolk County Councils – are hiring a Clerk/Chief Executive (Competitive salary + essential user car allowance).
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Developer warns council of legal action over termination of £150m scheme
Claimant threatens judicial review proceedings against council over its decision to terminate development agreement for £150m city centre redevelopment
District decides not to contest legal challenge to neighbourhood plan
Aylesbury Vale District Council decides – “in response to new evidence and sound legal advice” – not to contest legal challenge made by developers to neighbourhood plan
Council defends its record on care applications after severe judicial criticism
City council rejects High Court judge’s criticism that it is “serial offender” in unnecessarily issuing late and urgent care applications
Judge rules council overcharged 37,000 tenants for water and sewerage
London borough overcharged approximately 37,000 tenants for water and sewerage services, High Court judge rules. Judgment said to have major implications for other councils and landlords
MUST READ FOR ALL ADULT CARE LAWYERS: Re: JM - Time to step up
A senior Court of Protection judge has handed down two hugely significant rulings on the procedural implications of the Cheshire West
judgment on deprivations of liberty. Sophy Miles
sets out the main findings.
Housing association to reinstate gas supply to residents after legal action
Peabody Trust agrees to reinstate gas to around 240 homes that have been without supply for several weeks, after it was threatened with legal challenge
Judge quashes permission for 85-home scheme after appeal by council
District council wins High Court appeal after inspector granted developer planning permission for 85 dwellings and associated works, in key ruling on operation of National Planning Policy Framework in relation to heritage assets
Council to hire provider for £4.25m advice contract for children’s services
Redcar & Cleveland to appoint single provider to £3m to £4.25m contract to deliver legal advice and support for its decision making in relation to children
MORE NEWS STORIES....
Resident uses crowdfunding to attack permission for cruise ship terminal
Campaigners tap crowdfunding in bid to challenge London borough’s grant of planning permission for international cruise liner terminal on River Thames
Research suggests Family Drug and Alcohol Courts make major savings
Family Drug and Alcohol Courts save the state money, with London FDAC alone generating estimated gross savings of £1.29m to public sector bodies over five years, research suggests
NHS trust withdraws redundancy notices after challenge to service closure
NHS trust withdraws redundancy notices sent to staff working for art psychotherapy service
London borough becomes first council to set up lettings agency
Haringey launches what is claimed to be first council-run lettings agency in country. See also: City council to consider setting up own letting agency
Information watchdog slaps MP with £5k penalty over nuisance calling
London MP hit with £5,000 monetary penalty by Information Commissioner’s Office after he instigated making of 35,629 calls over two days
ON THE MARKETPLACE
Affordable housing provider chooses six law firms for £5m panels
Ministry instructs BLM to audit prisoner compensation payments
SME investment agency in Wales to set up £1m legal panels
See all of our most recent news stories
TOP INTERIM ROLES: Principal Social Care Lawyer (South East), Contracts and Procurement Solicitor (West Midlands), NQ Property Solicitor (Northern Home Counties), Prosecutions Lawyer (East Midlands) and Senior Commercial Property Lawyer (London).
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New articles on Local Government Lawyer
Two into one….
Is it lawful to charge the Community Infrastructure Levy by treating two planning permissions as a single planning permission? Christopher Cant analyses a recent High Court ruling.
Enforcement of possession orders
Amy Just looks at the issues raised by enforcement of a possession order by High Court writ rather than County Court warrant.
Housing cases of interest
Andy Lane sets out the recent housing cases of interest over the last three months.
Plus ça change…
Ruth Smith and Tom Benjamin give five reasons why Brexit is unlikely to spell the end of procurement regulation in the UK.
School closure consultation
The High Court has rejected a legal challenge to a Welsh council’s plans to close a secondary school. James Goudie QC explains why.
The Supreme Court on vicarious liability
Two important Supreme Court judgments concerning vicarious liability were handed down last week. Kate Richmond reports.
Care home regulation
Is care and nursing home regulation and monitoring due for a shake up (or shake down)? Jonathan Auburn looks at the Government’s Cutting Red Tape review.
Article 8 and decision-making
Two recent decisions demonstrate the reach, applicability and importance of Article 8 of the European Convention on Human Rights in terms of the functions and decision-making of public bodies, write Peter Wake and Nick Peel.
The latest blogs...
National Infrastructure Commission issues first report, on energy
by Angus Walker
The National Infrastrucure Commission (NIC) was given its first task of examining three things back in October, to respond by the Budget, which is next Wednesday.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Community care and the PSED
Does the Public Sector Equality Duty apply to individual community care decisions? Jonathan Auburn
analyses the key issues.
Adult Social Services: The Court of Protection and CICA awards
What part must the Court of Protection play in the finalisation of an award to an incapacitated person that the Criminal Injuries Compensation Authority has decided should be held on trust? David Rees
Adult Social Services: Care Act conundrum: recovering care home fees
Has the Care Act granted an amnesty on care home fees? Jonathan Auburn
Adult Social Services: Nursing care in care homes: who pays?
The Court of Appeal was recently divided over the meaning of ‘nursing care by a registered nurse’ under s.49 of the Health and Social Care Act 2001. Richard Gordon QC
, Emily MacKenzie
and Tom Pascoe
Adult Social Services: Capping homecare funding
Has the Care Act changed the legality of policies which cap homecare funding? Jonathan Auburn
considers the issues faced by local authorities.
Adult Social Services: Constrained choice can be true choice
The Upper Tribunal has recently considered whether the threat of recall to hospital from the community meant that the patient’s consent was not free and therefore invalid. The Court of Protection team at 39 Essex Chambers
analyse the outcome.
Children: Section 20 of the Children Act 1989 – local authority duties
LexisPSL Local Government
and Claire Cousin
outline a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989, identifying the challenges a local authority may face including parental consent and capacity.
Children: Problems with a fact-finding hearing
The Court of Protection team at 39 Essex Chambers
look at the lessons from a Court of Appeal ruling that a judge’s fact-finding exercise was fatally flawed.
Education: The OIA and judicial review
, Deputy Adjudicator, sets out ten principles from ten years of legal challenges involving the Office of the Independent Adjudicator for Higher Education. (ON PUBLIC LAW TODAY)
Education: Academy sponsorship details and FOI
A recent case in the First-tier Tribunal has served as a pertinent reminder that certain information relating to the funding of academies may be disclosed under the Freedom of Information Act 2000. Richard Auton
reports. (ON PUBLIC LAW TODAY)
Education: Wearing the veil in schools
The debate on the wearing of the veil in school continues, with the head of Ofsted the latest to weigh in. Clive Sheldon QC
looks at the legal background.
Employment: Caring for your carers
The Supreme Court has handed down an important decision in the case of the duties employers owe to employees working outside in areas over which they have no control. Steven Conway
looks at the impact of the ruling.
Employment: Re-organisation in the public sector
explores some of the employment law pitfalls that arise when public sector bodies attempt to re-organise.
Employment: Complaints and an 'act extending over a period'
The Employment Appeal Tribunal has suggested that different complaints may be considered together in deciding whether there has been an 'act extending over a period'. Allison Cook
analyses the ruling.
Employment: Injury to feelings payments and tax
analyses an important Upper Tribunal decision on settlements and the tax treatment of injury to feelings payments.
Employment: Can you speak English please?
A recent Employment Appeal Tribunal decision revisited the question as to whether an employer can instruct employees not to speak in a foreign language at work. Sejal Raja
and Michael Pine
examine the judgment.
Governance: Is your Constitution due a health check?
With Annual Council only a few months away, now is the time to be checking your authority’s constitution, write Judith Barnes
and Frances Woodhead
Governance: Devolution Act gets Royal Assent
Legislation aimed at delivering the Government's devolution agenda has received Royal Assent. Judith Barnes
sets out the key measures.
Governance: The revised consultation principles
The Cabinet Office has issued a revised set of consultation principles. Stuart Thomson
looks at the key changes.
Governance: 15 years of the Human Rights Act
Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC
talks to LexisNexis
about the past, present and future.
Healthcare: A human rights cautionary tale?
A recent High Court judgment involving claims against an NHS trust and an ambulance service dealt with the legal test for liability, causation and victim status. Francesca O'Neill
reports on the outcome. (ON PUBLIC LAW TODAY)
Healthcare: Corporate manslaughter and public bodies
The first prosecution of an NHS Trust for corporate manslaughter collapsed. Tracey Longfield
and Colin Moore
explain what the case tells us. (ON PUBLIC LAW TODAY)
Housing: Failure to offer alternative accommodation
The High Court has recently considered two cases concerning the lawfulness of a council's failure to transfer two autistic children and their mothers to safe accommodation. Christopher Baker
reports on the outcome.
Housing: Principle versus pragmatism
Is it lawful for a Houses in Multiple Occupation licence to restrict the use of a bedroom to a particular occupier, such as students? Alex Campbell
analyses a recent Upper Tribunal ruling.
Housing: Money, money, money - councils make the world go around
What do councils need to consider when on-lending? Jon Coane
and Gurbinder Sangha
look at the key issues.
Housing: Occupational rights, terminating tenancies
The Court of Appeal has provided clarification on whether a spouse who remains in the matrimonial home has continued rights of occupation if their partner has left the home and terminated the tenancy. Bukola Aremu
analyses an important ruling for local authorities and housing associations. (ON PUBLIC LAW TODAY)
Housing: Housing associations and the Right to Rent
considers the impact on housing associations of the introduction of the "Right to Rent" checks, which became compulsory on 1 February 2016. (ON PUBLIC LAW TODAY)
Housing: Bedroom tax challenge success
The Court of Appeal recently ruled that the so-called 'bedroom tax' was unlawful in its impact on victims of domestic violence and disabled children. Michael Deacon
examines the judgment.
Information Law: Public health funerals and FOI
examines the issues surrounding public health funerals, heir hunters and freedom of information.
Information Law: Data breach notification and the new EU Data Protection Regulation
looks at what the new EU Data Protection Regulation says about data breaches and the need for data controllers to notify.
Licensing: Step changes proposed to summary reviews
and Josef Cannon
consider the implications of the recently proposed changes to the Summary Review procedure in the Licensing Act 2003.
Licensing: Bingo in pubs: the Greene King case
considers the recent decision of the Upper Tier Tribunal in favour of the Gambling Commission in its appeal in the Greene King case concerning bingo in pubs.
Licensing: Fuel on the fire
A restauranteur has recently lost an appeal over the revocation of the licence for a venue that was previously a petrol station. Philip Kolvin QC
Licensing: The cumulative impact policy in Leeds
Is Leeds’ new Cumulative Impact Policy the way forward? Paddy Whur
Licensing: Exempt lotteries and deregulation
The long-awaited relaxation of rules on exempt lotteries has finally been announced, writes Anna Mathias
Litigation: Early neutral evaluation
Changes to civil procedure rules mean greater use could be made of Early Neutral Evaluation, writes Marie-Claire O'Hara
Litigation: When experts go wrong
and Michael Fallow
report on a sorry tale from the Technology and Construction Court about when being an expert goes horribly wrong.
Management: Selling your services
deals with the question of what is permissible under the SRA's Handbook and the Legal Services Act 2007 for those local authorities looking to sell their services more widely.
Management: Shared services: key issues
LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.
Planning: The pooling restriction and infrastructure shortfalls
considers how councils can cope with a potential infrastructure shortfall due to the pooling restriction.
Planning: EIA trumping
looks at the consequences when a planning decision was made while the Secretary of State’s EIA screening direction process was still pending.
Planning: CIL Review - can we fix it?
sets out ten potential reforms to the Community Infrastructure Levy.
Planning: Retail planning conditions and the Trump case
A High Court judge has upheld a retail planning condition and examined the application of the Trump
case in the Supreme Court. Douglas Edwards QC
and Sarah Sackman
look at the key issues.
Procurement: Bidders supported by other entities
Can a contracting authority require a bidder that wants to rely on another entity’s expertise in making its bid enter into a contract with that other entity? Nathan Holden
considers the issues.
Procurement: The NHS Procurement Regulations: first case
The High Court has heard the first case considering NHS Procurement Regulations. Patrick Parkin
and Richard Binns
consider the outcome. (ON PUBLIC LAW TODAY)
Procurement: Kept in suspense
looks at an early ruling in one of the first disputes where the Court has had to consider the Public Contracts Regulations 2015.
Procurement: The ESPD: what do you need to do?
The European Single Procurement Document came into force from 26 January 2016. Ruth Smith
explains what it entails and the issues that remain unresolved.
Projects: Sweating your assets
How can local authorities get more from their assets without selling off the family silver? Owen Willcox
Projects: State aid - beware compound interest!
A recent case from the European Court of Justice (CJEU) serves as a useful reminder of the risks of getting state aid wrong and the consequences of a recovery order, writes Robert Prater
Projects: Comparing project management methodologies
LexisPSL Public Law
and Andy Cooke
of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile.
Property: Legal costs and service charges
When it comes to the recovery of legal costs as a service charge, what has changed since the Supreme Court ruling in Arnold v Britton? Howard Lederman
Property: Real estate and smart property management
What does the 'one public estate' concept mean in practice? Clive Bleasdale
and Nathan East
set out some of the key considerations.
Property: Public law defences and sales of land
explores the availability of public law defences and promissory estoppel in the context of a contract for the sale of land.
Property: Breaking point
The Supreme Court has put an end to the confusion over break clauses, apportionment and implying contractual terms. Martin McKeague
and Emma Porritt
look at the key lessons from the ruling.
Regulatory: Environmental damage: What does this really mean?
For the first time, the High Court has considered in detail the scope of the concept of "environmental damage" under the Environmental Liability Directive and its associated regulations. Emma Duffy
and Rebecca Roffe
report on the outcome.
Transport: TfL and roads in the capital
A High Court judge has ruled on a dispute over the extent of Transport for London’s interests in London’s roads. Charles Banner
reports on the outcome.
|Housing: Key Developments in 2015
||Ranjit Bhose QC, Dean Underwood and Tara O’Leary present an update on key developments in housing law, focusing on recent changes to the right-to-buy regime, judicial alterations to allocations policies and welfare reforms.
|Implementing the Care Act: Legal issues for local authoritie
||This presentation looks at potential consequences of a number of key aspects of Care Act 2014 and outlines how local authorities can avoid or mitigate the potential issues it creates.
|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.