Communities Secretary wins appeal over affordable housing and small sites
Court of Appeal finds for Secretary of State for Communities and Local Government, against councils in appeal over ruling that planning policy issued in relation to affordable housing and small-scale sites was unlawful
Judge rejects misfeasance in public office claim against council and employee
High Court judge dismisses claim for damages for misfeasance in public office brought against council and one of its employees, a senior street works engineer
Barnet chief exec exits and investigation launched after polling problems
Chief executive of London Borough of Barnet, Andrew Travers, to leave local authority in aftermath of last week’s problems at polling stations in area
High Court hears battle over fine for taking child on holiday during term time
Lord Justice Lloyd Jones and Mrs Justice Thirlwall hear – by way of case stated – latest stage in legal proceedings between father who took his daughter on holiday during term time and council which sought to enforce £120 fine against him
Councils who missed SEN plan deadline "could all face judicial review"
Extensive number of councils that have failed to meet deadline for producing final transition Education Health Care plan for children with SEN “could all face judicial review”, claimant law firm suggests
Court of Appeal backs decision to clear land of Romany Gypsy caravans
Judges rejected judicial review challenge to decision of local authority to use its planning enforcement powers to clear agricultural land in Green Belt of caravans occupied by Romany Gypsies
Court of Appeal upholds rejection of bid to register rights of common
In key decision affecting farming sector, county council successfully defends decision to refuse application to register rights of common under the Commons Act 2006
Cabinet at county backs development of business case for single unitary
Cabinet at Buckinghamshire approves development of business case for single unitary council for the area
|CLOSING DATES IMMINENT! Don't miss out:
MORE SUPERB OPPORTUNITIES:
Click here to see all posts.
ON THE MARKETPLACE
Bond Dickinson promotes four - including Jackie Gray - to partner
University names five law firms to £2.3m legal advice panel
Forestry Commission puts £2m in legal support work up for grabs
Boroughs to procure £540k in debt recovery, insolvency services
University kicks off tender for £125k legal services contract
Foot Anstey hires dispute resolution specialist Rhys-Jones
MORE NEWS STORIES....
Land Registry consults on rules for Local Land Charges Register Service
Land Registry launches consultation on proposed draft Local Land Charges Rules 2017, which are to provide framework for how Local Land Charges Register Service will work
NHS trust fined £180k over data breach affecting users of HIV service
Information Commissioner’s Office issues NHS trust with £180,000 monetary penalty over release of email addresses of more than 700 users of HIV service
Councils net power to issue on-the-spot fines for small-scale fly-tipping
Enforcement officers will from this month be able to issue on-the-spot fixed penalty notices of up to £400 on individuals who carry out small-scale fly-tipping
Crowd funding platform to back projects as well as legal challenges
Crowd Justice fundraising platform to be used for the first time to support a project, rather than individual legal action
Trade Union Bill receives Royal Assent
Legislation, which includes new turnout requirements for strikes to go ahead and six-month time limit for industrial action, receives Royal Assent
District to overhaul structures after residents back change in referendum
West Dorset to overhaul committee structures after residents back change in referendum on authority’s governance arrangements
Police and councils set to win new ‘legal highs’ enforcement powers
Police and local authorities will have new enforcement powers to tackle ‘legal highs’ from later this month (26 May), when Psychoactive Substances Act comes into force
Arrival of Origin brings Housing Associations Legal Alliance to 12 members
Origin Housing becomes latest housing association to join HALA (the Housing Associations Legal Alliance), bringing total number of members to 12 (ON PUBLIC LAW TODAY)
See all of our most recent news stories
New articles on Local Government Lawyer
Overage clauses and drafting issues
Kassra Powles reviews the main elements of agreeing overage agreements that local authorities need to take into account when agreeing overage terms.
Transition to education, health and care plans
LexisPSL Local Government, in partnership with Anita Chopra and Chris Barnett, set out a checklist for moving children from statements to the new regime of education, health and care plans.
The Public Contract Regulations 2015 and the Care Act 2014
Clair Ruskin-Brown looks at the issues raised by the interplay between the Public Contract Regulations and the Care Act when it comes to service provision.
A cautionary tale
A recent case underlines the importance of complying with Court directions in case management hearings for licensing appeals, writes James Rankin.
Costs in planning appeals and inquiries
How do you make a successful application for costs in a planning appeal? Jessica Swannell explains what is needed.
Housing associations and exchange of tenancies
John Murray looks at an application for judicial review of a housing trust's decision not to provide consent to an exchange of tenancies.
Council tax reduction and the Denton Principles
The High Court has recently applied the Denton Principles in a council tax reduction appeal. Richard Hanstock explains why.
The Light Touch Regime: tips and tricks
In the second in a two-part series on the 'Light Touch Regime' in public procurement, Chris Brennan sets out some tips and tricks for designing a compliant process.
Whistleblowing takes centre stage
Whistleblowing is in the spotlight again. Victoria McMeel and Jodie Sinclair look at where we are on new standards recently introduced and the latest case law on a 'public' interest disclosure.
Academies and public law: Pt 2
In the second in a two-part series, Mark Johnson looks at what academies should consider when carrying out consultation. (ON PUBLIC LAW TODAY)
The CoP and reporting restrictions after death
The Court of Protection has recently considered whether reporting restrictions in a case should continue after the individual's death. Rosalind English reports.
TOP INTERIM ROLES: Senior Solicitor/Deputy Monitoring Officer (Buckinghamshire), Senior Planning Lawyer (Surrey), Planning Lawyer (South West), Planning and Highways Solicitor (London) and Property Lawyer (Hertfordshire) .
FEATURED SUPPLIER: Bristol Legal is a highly regarded innovative team of in-house lawyers providing cost effective legal advice to a range of public sector and not-for-profit sector clients. Find out more about us..
CORNERSTONE ON....The practical guides - now you can have their skills with you, even when they're not.
National Infrastructure Commission programme outlined by Angus Walker
On Wednesday I attended a conference on the National Infrastructure Commission that included presentations from its chief executive Phil Graham and one of its commissioners Sir John Armitt.
FREE WEBINARS FOR MEMBERS OF LAWYERS IN LOCAL GOVERNMENT:
- Neighourhood Planning: A Legal Perspective: John Pugh-Smith and Daniel Stedman Jones of 39 Essex Chambers look at how lawyers can square the circle of greater localism in the planning system and the need for more housing and infrastructure development.
- Human Rights, the Equality Act and Social Housing: This course from Ryan Kohli of Cornerstone Barristers looks at the arguments faced by public authorities and social landlords when faced with claims based on the Equality Act 2010 or the Human Rights Act 1998 and outlines some of the defences and tactics available to defend them.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Reasons challenges to charging and care home fees decisions
examines a High Court ruling on whether reasons challenges can be brought against local authority charging and care home fees decisions.
Adult Social Services: Sex and the simple test
Alex Ruck Keene
analyses the latest ruling on an individual’s capacity to have sexual relations and to marry.
Adult Social Services: Changes made to the Care Act Guidance
highlights the key changes that the Department of Health has made to the Care Act Guidance.
Children: Age assessment and litigation fairness
The Court of Appeal has handed down a wide-reaching judgment that directly concerns age assessment cases, but the principles enunciated apply to all litigation (private and public), writes Peter Oldham QC
Children: Section 17 and Child Arrangements Orders
sets out some practice points arising out of a recent case involving section 17 and Child Arrangements Orders.
Community Safety: PCCs - end of term report
With elections just round the corner, what impact have Police and Crime Commissioners had since their introduction? Sarah Ellson
and David Northfield
Education: Public law pitfalls for academies
In the first of a two-part series, Mark Johnson
looks at issues around inadequate consultation and other public law pitfalls for academies.
Education: Educational Excellence Everywhere?
The Government has recently published a white paper that is essential reading for those in education. Rachel Kamm
examines the key proposals.
Education: Criminal records disclosure
and Trish D’Souza
report on a recent successful judicial review challenge against the criminal records disclosure scheme.
Employment: Harassment by members of another union
The Court of Appeal has found that a trade unionist was subjected to a detriment when his employer failed to prevent harassment at work by members of another union. Nicholas Le Riche
Employment: Bad news for malingerers
The Employment Appeal Tribunal has made it easier for ‘malingerers’ to be dismissed. Sarah Maddock
Employment: Wasteney: the case of a Christian giving a Muslim a book
considers the difficulties for employees and employers in dealing with proselytising at work.
Employment: Gagging orders and settlement agreements
What are the rules on gagging orders and settlement agreements in local government? Athelstane Aamodt
Governance: Electoral law case update
With elections taking place this week, Tom Tabori
looks at the lessons to be learned from recent cases on electoral law.
Governance: Community engagement and social media
How can local government minimise the risks when using social media to boost community engagement? Dan Read
Governance: Combined authorities – accountability is key
With the drive to greater regional devolution, combined authorities, local authorities and other key stakeholders will need to address significant issues around accountability, writes Anja Beriro
Governance: 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 a
nd Nick Peel
Governance: Audits and auditors - England
In partnership with Stephen Sheen
, the LexisPSL Local Government
team highlights key features of external audit and internal audit in England.
Healthcare: Anorexia and the CoP: the difficult line
Cases where clinicians and others exercising roles under the Mental Health Act 1983 seek to use the Court of Protection to ratify their decisions raise complex issues, writes the CoP team at 39 Essex Chambers
Healthcare: Equality claims and health regulators
The Court of Appeal has ruled that the availability of judicial review did not oust the jurisdiction of the Employment Tribunal to hear an alleged discrimination claim against a health regulator, writes Jeremy Hyam QC
Housing: Registered providers and commercial assets
Registered providers of social housing could receive a much-needed injection of income if they make better use of their commercial assets, write Kary Withers
and Aaron Macauley
Housing: Housing associations and judicial review
A recent High Court ruling shows that you cannot judicially review all housing association decisions, writes Jon Holbrook
Housing: Income generation: housing delivery vehicles
Are housing delivery vehicles the solution when it comes to councils generating income? David Isaacson
looks at the key considerations when setting them up.
Housing: The latest on 'Pay to Stay'
The Government is pressing ahead with its controversial 'pay to stay' policy in social housing. John Murray
looks at the latest development.
Housing: Declaring a property as an HMO
A local authority has won an Upper Tribunal appeal after its declaration that a property was a house of multiple occupation was revoked by the First-tier Tribunal. Harriet Holmes
Information Law: Information requests, purdah and the pre-election period
considers the approach public bodies should take to dealing with freedom of information requests during the pre-election period.
Information Law: FoI - how to recognise a vexatious request
considers the approach public bodies should take towards dealing with vexatious freedom of information requests.
Licensing: Licensing and illegal workers
Philip Kolvin QC
reports on an important High Court ruling after a restaurant owner appealed the revocation of his premises licence over the employment of an illegal worker.
Licensing: Children gaming
A district judge recently considered issues around the criminal liability of a betting operator where a child played a fixed odds betting terminal without challenge. Philip Kolvin QC
Licensing: The LGA on licensing fees, public health
The Local Government Association has responded to a recent Institute of Alcohol Studies report on the Licensing Act 2003. Paddy Whur
examines what they had to say.
Litigation: Standard of review in Aarhus cases
David Hart QC
examines the latest Aarhus Convention point to come before the domestic courts, in a case involving a city council.
Litigation: Key costs cases in Q1 2016
, Victoria James
and Dr Catriona Wolfenden
round up the major costs cases in the first three months of 2016.
Litigation: Non-domestic rate collection: never too late?
In the first of his three-part series on debt recovery, Marc Samuels
revisits the circumstances in which local authorities can issue late demands for non-domestic business rates.
Litigation: Moss and algae on the highway
Are councils under a duty to remove moss from the highway? Sarah Wilkinson
reports on a High Court ruling.
Litigation: McGeown, Young and slippery bridges
reports on the successful defence of a claim brought against a local authority after the claimant slipped on a wooden footbridge.
Planning: Housing land supply
analyses a ruling by a High Court judge on housing land supply, deliverable sites and housing market areas.
Planning: Repealing Sections 106BA to BC
Is repealing Sections 106BA to BC yet another example of the law of unintended consequences? John Pugh-Smith
reports on the implications for planning.
Planning: Breach of condition notices
The Court of Appeal has recently upheld a breach of condition notice issued by a council in relation to the hours of operation of a sui generis coach depot. Wayne Beglan
Planning: The meaning of “housing supply policies”
The Court of Appeal may have brought clarity to what are relevant housing supply policies (at least until the Supreme Court has its say), but it is not open season for housebuilders, argues John Pugh-Smith
Planning: Screening opinions and reasons
The High Court has recently examined whether a failure to give adequate reasons for a screening opinion automatically gives rise to a presumption that a planning permission should be quashed. John Hunter
looks at the judgment.
Planning: Sustainable development and heritage assets
A Planning Court judge has given guidance on the interaction between the presumption in favour of sustainable development and the restriction on development affecting heritage assets. Brian Hurwitz
analyses the ruling.
Planning: A growing reluctance to quash?
analyses a recent trend amongst the judiciary not to quash planning permissions, even where there has been an acknowledged legal error.
Procurement: Lightness of touch
In the first in a two-part series Chris Brennan
examines the background to the ‘light touch regime’ in public procurement and the statutory regime that governs it.
Procurement: Procurement for donkeys
What would a 'leave' vote in the EU referendum in June mean for procurement law? Michael Mousdale
Procurement: New company and LLP transparency rules
New rules have come into force requiring companies and LLPs to identify people with significant control. Richard Hiscoke
looks at the implications for local authorities.
Procurement: Setting up a trading company
examines some of the key legal issues that local authorities need to consider when setting up a trading company.
Procurement: Procurement - new draft regulations published
and Robert Prater
report on the latest developments in relation to the UK transposition of the Utilities and Concession Directives.
Procurement: The new procurement rules - one year on
New procurement rules were introduced with much fanfare a year ago. Alison Walton
, Tim Dennis
and Victoria Fletcher
examine their effect.
Procurement: Wrangling with TUPE in procurement documents
and John Houlden
analyse the issues raised for bidders and purchasers by TUPE in procurement.
Projects: When PFI contractors fail to perform
What rights and remedies do you have when PFI contractors fail to perform? David Hunter
Projects: Devolution and regeneration investment
The Cities and Local Government Devolution Act 2016 is the latest measure to implement an enhanced devolution agenda. It must also be viewed as an important tool to stimulate investment in regeneration, writes Alan Aisbett
Property: Dealing with mistakes in registered land
examines a recent High Court case involving a London borough and the mistaken inclusion of a basement within the registered title for a ground floor property.
Regulatory: Game of drones – the law
examines the issues that local authorities may face as a result of the use of drones.
Regulatory: Contaminated land - one to watch
Stephen Tromans QC
and Victoria Hutton
provide an overview of a Part 2A Inquiry concerning a remediation notice served by a local authority.
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.
|Neighbourhood Planning: A Legal Perspective
||John Pugh-Smith and Daniel Stedman Jones look at how lawyers can square the circle of greater localism in the planning system and the need for more housing and infrastructure development.
|Housing and Local Plans
||Peter Village QC and Rose Grogan analyse the key features of the Housing and Planning Bill and outline some of the problems and pitfalls created by Local Plans as identified by recent case law.
|Human Rights, the Equality Act and Social Housing
||This course looks at the arguments faced by public authorities and social landlords when faced with claims based on the Equality Act 2010 or the Human Rights Act 1998 and outlines some of the defences and tactics available to defend them.
|Social Housing Eligibility Update 2015
||This course looks at which groups of people subject to immigration control are and are not eligible for social housing in the light of changes to welfare and immigration rules and recent case law.
|Possession Claims Update 2015
||This presentation provides an update on new housing legislation, regulation and case law before going on to look at the issues faced by social landlords as the first flexible tenancies granted under the Localism Act 2011 begin to expire.
|Local Government Law Update 2015
||Recorded in April 2015, leading barrister Richard Clayton QC outlines and analyses the key local government cases of the preceding 12 months across a range of disciplines. Includes a comprehensive downloadable paper.
|The Commercial Council
||Michael Mousdale and Bradley Martin provide a practical and legal guide for council officers and lawyers looking to establish local authority trading companies.
|Information Law Update 2015
||Steve Wood, Head of Policy Delivery at Information Commissioner’s Office, outlines and discusses the implications of some of the key developments surrounding Freedom of Information, the Data Protection Act and the Environmental Information Regulations.
|FOI and Data Protection Update 2016
||This presentation reviews the main changes in the past 12 months in the fields of Freedom of Information and Data Protection, with an extended look at Monetary Penalty Notices and an overview of the latest developments in relation to property search charges.
|Social Housing Fraud
||This presentation identifies the main types of social housing fraud committed, the remedies available to tackle it and provides guidance on which are most suitable for particular types of fraud.
|Governance and Monitoring
||This presentation focuses on four topical areas of local authority governance: employee surveillance (including on social media), decision-making (pecuniary interests, bias, and committee make-up), whistleblowing and the counter-terrorism Prevent duty.
|Managing Cuts Lawfully
||This presentation looks at how legal challenges to decisions resulting from budget cuts can be avoided, mitigated and defended, focusing on the two grounds of challenge which appear most frequently unlawful consultation and breach of the PSED.