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North West local authorities to procure new £10m solicitors panels
North West Legal Consortium begins procurement exercise for new solicitors framework to replace its current arrangements, which end on 31 March 2016 [on Public Law Today]
Top judge orders fresh hearing in dispute between council and ex-lawyer
President of Employment Appeal Tribunal orders fresh hearing in dispute between Essex County Council and Evelyne Jarrett, a former senior lawyer at Essex Legal Services
Council goes to Court of Appeal over compliance with duty to cooperate
Court of Appeal grants Central Bedfordshire permission to appeal against judge’s decision to refuse permission for judicial review after planning inspector found that the authority had failed to comply with duty to cooperate when preparing its local plan
Farmer who built house behind straw bales given suspended jail sentence
High Court judge sentences man who refused to demolish 'castle' he built behind straw bales in the Green Belt to three months in prison, suspended for six months. Defendant must comply with all enforcement notices by 6 June 2016
Court of Appeal rules on liability of councils for foster care abuse
Judges hand down key ruling on whether councils owe non-delegable duty or can be vicariously liable for foster care abuse
Law Society concern over "complex" scheme to replace DoLS
Chancery Lane agrees that Deprivation of Liberty Safeguards (DoLS) should be axed but has expressed concern at potential complexity of Law Commission’s proposed replacement scheme, Protective Care
Court rejects claim that council tax reduction scheme was discriminatory
High Court judge rejects claims that London borough’s council tax reduction scheme was discriminatory on grounds of age or disability, but also finds that due regard not had to equality impact assessment
High Court judge rejects challenge to £27m "mini-Holland" cycling scheme
High Court judge dismisses judicial review challenge over the introduction of a so-called ‘mini-Holland’ cycling scheme in north-east London
Complaints to Ombudsman about adult social care up 18% in single year
Local Government Ombudsman received 2,803 complaints and enquiries about adult social care in 2014/15, up 18% on previous year
Leading housing management partner joins Capsticks team
TLT strengthens licensing practice with Skeens hire
Browne Jacobson boosts independent health practice with Auty hire
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MORE NEWS STORIES....
Defendants ordered to pay £50k-plus after running unauthorised car park
Council secures confiscation order with two defendants required to pay more than £50,000 after running unauthorised airport car park
Court gives permission for judicial review challenge over hospital downgrade
High Court gives group led by consultants and other staff permission to bring judicial review proceedings after hospital misses out on specialist status
Food hygiene enforcement actions fall as councils target higher risk venues
Total number of enforcement actions in relation to food hygiene and standards fell by 1.9% from 185,385 to 181,877, Food Safety Agency says
Government must strengthen local scrutiny arrangements for City Deals: MPs
Department for Communities and Local Government must work with local areas to strengthen local scrutiny and accountability arrangements as City Deals are implemented, Public Accounts Committee says
Welsh council defeats High Court challenge over library decision
Welsh council successfully defends judicial review challenge in latest High Court battle over future of library service
Law Society issues recommendation on minimum salary for trainees
Chancery Lane recommends minimum salary that providers of training contracts should pay their trainees "as matter of good practice"
DCLG eyes extending mandatory HMO licensing to smaller properties
Mandatory licensing could be extended to smaller and medium-sized houses in bid to improve standards in shared properties, discussion paper issued by Government suggests
See all of our most recent news stories
New articles on Local Government Lawyer
The new CPO Circular
The Department for Communities and Local Government has issued a new circular on compulsory purchase and the Crichel Down Rules. David Altaras and Marc Samuels review this key document for planning practitioners.
Mr Fidler’s castle
A long-running legal battle over a house built behind straw bales in the Green Belt reached a new stage this month with contempt of court proceedings. Martin Goodall examines the case.
Looked after children and deprivations of liberty
A judge has recently ruled that a local authority cannot consent to the deprivation of liberty for a Looked After Child, writes Harjinder Sandhu of Coventry City Council.
Costs awards in licensing appeals
A group of residents in Mayfair were recently ordered to pay the licensing appeal costs of another group of residents. Gary Grant explains why.
Tackling failing or 'coasting' schools
Rebecca Hazeldine sets out the key elements of the Government's proposed new approaching for addressing underperformance in schools.
Significantly higher fines could be imposed for health and safety offences under new guidelines from the Sentencing Council. Helen Devery looks at the likely impact on local authorities and their employees.
Reclassifying housing associations as public sector bodies
How will housing associations be affected by the recent decision by the Office of National Statistics to reclassify them as public sector bodies? Julie Cowan-Clark and Jonathan Turner offer some views on this development and other changes.
But you promised!
The High Court has found that a council breached the substantive legitimate expecation of a 21-year old man who was statemented and to whom it provided support. Tom Cross looks at the reasons why.
Comparing project management methodologies
LexisPSL Public Law and Andy Cooke of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile.
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The latest blogs...
NSIP drought lifts as latest decision made by Angus Walker
This entry reports on recent applications and a decision under the Planning Act 2008.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Local authorities and health services
The LexisPSL Local Government team and Ros Ashcroft examine local authority statutory functions with regard to the provision of health services.
Adult Social Services: The (indemnity) cost of getting it wrong
The Court of Protection team at 39 Essex Chambers analyse the award of indemnity costs against a local authority for breaching a disabled woman's rights.
Children: Children, consent to medical treatment and deprivation of liberty
Stuart Marchant and Emma Timmons provide an update on children, consent to medical treatment and deprivation of liberty.
Children: Transparency in the Family Court
A judge recently allowed publication of certain details about child proceedings. Rosalind English looks at the reasons.
Education: Grammar school expansion
Rachel Kamm considers the legal issues surrounding the Education Secretary's decision to back a new annex proposed by a grammar school.
Education: Transparency and professional lives
Morris Hill and Adam Morrison examine the latest FOI decision – this time involving the headteacher of a school – where the tribunal had to balance personal and professional lives.
Employment: Thinking caps on
Huw Rolant Jones, Shirley Hall and Gary Delderfield examine the potential implications for employers of capping public sector exit payments.
Employment: Who hears appeals is important
The Employment Appeal Tribunal has shed light on the make-up of internal appeal panels, writes Phil Allen.
Governance: Harassment and injunctions
Wesley O'Brien and Jonathan Moore review a recent example of the court's approach to what amounts to harassment in the context of communications with, and criticism of, local authority members and staff.
Healthcare: Conditional discharge and DoL
An Upper Tribunal judge has handed down a key ruling on conditional discharges and deprivations of liberty that has wider implications. The Court of Protection team at 39 Essex Chambers report.
Healthcare: Producing reports for children proceedings: a practical guide
Jane Bennett outlines some of the areas of focus for healthcare professionals asked to prepare a report for children proceedings.
Housing: Residential service charge challenges
Errors by the court have left a tenant in difficulties in a recent residential service charge challenge, reports Karl Anders.
Housing: Affordability of previous accommodation
The Court of Appeal has analysed what local authorities can take into account when considering the affordability of previous accommodation for the purposes of deciding whether a person is intentionally homeless for failing to pay the rent. Jonathan Manning and Emily Orme report.
Information Law: In theory - local authority data retention
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.
Information Law: Charging ahead under the EIR
Christopher Knight examines this week's key Court of Justice of the European Union ruling on local authorities' ability to charge for providing environmental information.
Licensing: Christmas Day Off-Sales
Professor Roy Light looks at some of the issues raised by restrictions on alcohol off-sales on Christmas Day.
Licensing: The interaction between the planning and licensing regimes
A recent ruling serves as a useful reminder to food and drink retailers not to place undue reliance on the licensing regime to assist in obtaining planning permission, writes Matt Gilks.
Litigation: Vulnerable parties, witnesses and children in the family courts
With a consultation on new rules having just closed, Amanda Johnson and Kate Tompkins provide a useful reminder of the factors to be taken into account when approaching the multiple problems arising from cases involving vulnerable witnesses.
Litigation: A respondent's right to a fair committal application
Toby Huggins sets out some of the key provisions to be borne in mind if committal applications are to succeed.
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.
Management: An alternative view
Sam McGinty reports how he has been persuaded that local authority-owned alternative business structures might work in certain circumstances, although he is yet to be fully won over.
Planning: New dwellings - 4 year or 10 year rule?
Izindi Visagie analyses the options for planning authorities to take enforcement action where outbuildings are built as dwellinghouses.
Planning: The appearance of bias
A High Court judge recently quashed a grant of planning permission on the ground that there was an appearance of bias on the part of a councillor. Simon Goacher examines the ruling.
Planning: Procedural changes to planning statutory review
Significant changes to the procedural aspects of statutory planning related challenges have come into force, writes Stephen Morgan.
Procurement: 2, 4, 6, 8, who do we appreciate? (how do we evaluate?)
Mark Cook looks at the likely impact of much-heralded changes to the use of evaluation criteria.
Procurement: State aid and community transport organisations
A recent European Commission decision about alleged State aid in the form of grants from local authorities to community transport organisations is useful reading for those seeking to rely on the exemption for funding for services of general economic interest. Edward Reynolds reports.
Procurement: Being upfront
When it comes to publishing the ‘procurement documents’ electronically, what do contracting authorities need to publish and when? Jenny Beresford-Jones looks at a new steer given by the Crown Commercial Service.
Projects: Local authority bonds and private placements
As funding streams for local authorities decline and cuts continue to be on the horizon, bonds and private placements are certainly in the thoughts of local authorities once again. But is a bond or private placement right for you? Natalie Singh reports.
Projects: A question of place
Chris Plumley and Alex Tindall look at the nature of council engagement with developers.
Property: Tackling the love activists
Andrew Williams looks at how local authorities can respond when their land or buildings are invaded by groups such as the 'Love Activists'.
Property: Register of Assets - whose land is it anyway?
Kary Withers, Simon Day and Aaron Macauley examine the recently introduced requirement for registered providers to have maintain a register of their assets.
Property: Residential service charge recovery
Steven Eccles reviews two important rulings affecting the recovery of residential service charges by local authorities and housing associations.
Property: ACV appeals and inspector decisions
Christopher Cant looks at the guidance to be gleaned from Assets of Community Value appeals and Planning Inspectors’ decisions.
Transport: When is a highway not a highway?
Thom Wood examines a recent High Court case where a local authority was found to have been negligent in its response to a property search about whether a parcel of land formed part of a public highway.
|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.