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NEWS HEADLINES

Developers pursue legal action over policy change on neighbourhood plans
Housebuilders and land promoters to press ahead with judicial review challenge over Government plans to alter policy on neighbourhood plans

Council settles judicial review over "unlawful" application of Prevent strategy
Council apologises after admitting racially discriminating against two young boys and having breached their human rights

Court of Appeal rejects council appeal in parking case over non-participation
London borough prevented from appealing in parking test case after its "total non-participation" in earlier proceedings before Administrative Court, judges rule

Council and developer reach deal after injunction over highways issues
District reaches legal agreement with Persimmon Homes after it served injunction requiring developer to cease work on site until it resolved highways issues

Underfunding will make it impossible to meet Care Act legal duties: councils
Care Act will fail unless Government announces new money for social care, Local Government Association claims

Court has no jurisdiction to hear challenge to Heathrow decision: judge
High Court judge rejects judicial review challenge brought by four local authorities over Transport Secretary’s decision to back third runway at Heathrow Airport

West Yorkshire councils to procure new legal services panel
West Yorkshire local authorities and City of York Council beginprocurement of new legal services framework

Clyde & Co boosts procurement with hire of public sector head at VWV
Clyde & Co bolsters its public procurement practice with hire of David Hansom
MUST-READ: Public complaints—introducing the draft Public Service Ombudsman Bill
In this interview with LexisPSL Public Law, Ros Foster and Patrick O’Connell outline the draft Public Service Ombudsman Bill recently laid in Parliament, which aims to introduce a Public Service Ombudsman (PSO) with improved access, structure and powers.
Six Dorset councils press ahead with unitary plan despite rejection by others
Six councils to press ahead with asking communities secretary Sajid Javid to reorganise local government in Dorset, despite remaining three opposing idea

Court overturns indefinite ban imposed on headmaster
Judge overturns teaching ban on ‘superhead’ who channeled work to company with which he was associated

Council website hijacked by computer hackers
City council calls in police after its website was hacked last weekend apparently by group based in Algeria

Council defeats appeal by boat owner convicted of breaching byelaws
Owner of boat loses appeal over validity of council’s byelaws which made it criminal offence to moor boat against specified land for longer than maximum period specified, judges rule

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MARKETPLACEKennedy Cater

West Yorkshire councils to procure new legal services framework
Bevan Brittan recruits healthcare property partner to Leeds office
Clyde & Co boosts procurement with hire of VWV public sector head

MORE NEWS STORIES

Claimant lawyer struck off for misconduct over claims against soldiers

Professor Phil Shiner of Public Interest Lawyers, claimant law firm that brought number of legal challenges against councils, struck off by Solicitors Disciplinary Tribunal for professional misconduct in Al-Sweady Inquiry

LLG brings in Centre for Public Scrutiny for governance review
Lawyers in Local Government appoints Centre for Public Scrutiny to undertake governance review following competitive tendering process

Law Society hires ex-housing association chief as interim chief executive
Chancery Lane appoints former chief executive of housing association as its interim chief executive, after predecessor resigned over pace of governance reforms

Home Office names 33 regions for phase two of Local Alcohol Action Areas
Second phase of local alcohol action areas programme unveiled, with 33 new regions coming on board

See all of our most recent news stories
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MORE NEWS STORIES

Campaigners win permission for JR over visitor centre near landmark
Judge gives permission for crowd-funded judicial review challenge to grant of planning permission for visitor’s centre near landmark in York

DH consults on fixed recoverable costs for lower-value clinical negligence claims
Department for Health launches consultation on proposals for mandatory system of fixed recoverable costs for lower value clinical negligence claims in England and Wales (On Public Law Today)

Tribunal fees having "chilllng effect" on employment disputes: Law Society
Law Society rejects government claim that imposing fees for taking cases to employment tribunals has helped large numbers of workplace disputes to be settled

BT fined £10k after council brings prosecution over roadwork safety failings
BT fined £10,000 for failing to provide pedestrian footway and introduce proper traffic lighting system when carrying out roadworks
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Objective Connect
This week's analysis

Using compulsory purchase powers to bring forward development on allocated sites
In the third article in a series on CPOs, Chris Skinner examines the use of compulsory purchase powers to bring forward development on allocated sites.
 
Insourcing: what do you need to know?
Mike Pierides and Caron Gosling look at the issues for local authorities considering bringing services back in-house.

Defeating substantive legitimate expectation claims
In the second in a two-part series on substantive legitimate expectations, David Sykes analyses the courts' approach to judicial review challenges and examines how such claims can be defeated.
 
An unprotected species?
Simon Goacher considers the recent legislative changes around local authority governance arrangements.
 
Statutory charge and Article 8 damages
The Court of Protection team at 39 Essex Chambers examine a recent case that, although not a CoP one, is interesting and relevant for what is said about the legal aid statutory charge in a claim for damages for breach of Article 8 ECHR.
 
S.20 and parental consent
A landmark Court of Appeal ruling permits local authorities to accommodate children under s. 20 of the Children Act without parental consent, writes Eirwen Pierrot.
 
GDPR and the role of the Data Protection Officer
The data protection officer is set to play a key role when the EU General Data Protection Regulaton comes into effect. Ibrahim Hasan explains why.



BLOGSAngus Walker

Heathrow JR struck out for NPS reasons - by Angus Walker
This entry looks at the judgment on the judicial review of the decision to allow Heathrow to build a third runway.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: Dismissing or withdrawing?
The Court of Protection team at 39 Essex Chambers consider the first reported judgment to consider the new Rule 87A on obtaining the court's permission to withdraw proceedings.

Adult Social Services: When to commit
The Court of Appeal recently expressed deep concern at the jailing of a woman who refused to comply with a welfare order in relation to a man she moved to Portugal. The Court of Protection team at 39 Essex Chambers reports.

Adult Social Services: Applications to the Court of Protection and s.21A MCA
When is an application to the Court of Protection under s.21A of the Mental Capacity Act required? Baker J has answered this question and provided some practical guidance in a long-awaited judgment. Claire Leonard reports.

Adult Social Services: The Care Act and the need for accommodation
The High Court has confirmed that a need for accommodation alone does not amount to a need for care and support under the Care Act 2014. Eleanor Sibley examines the ruling.

Adult Social Services: The Court of Appeal on state imputability and 'private' deprivations of liberty
A local authority has successfully resisted a Court of Appeal challenge brought by the Justice Secretary in a state imputability case. Nageena Khalique QC explains the ruling.

Children: Honour-based violence and forced marriage in public law proceedings
Practitioners should be alert to issues that may arise in cases where honour-based violence is considered a risk by the local authority, particularly when forced marriage is considered to be a real possiblity, write Francis Wilkinson and Lauren Suding.

Children: Unaccompanied asylum-seeking children – the local authority conundrum
Ken Slade and Morris Hill examine local authorities’ statutory obligations around the complex and highly-sensitive issue of unaccompanied asylum-seeking children.

Children: Section 20 and accommodating children in need with their grandparents
The Court of Appeal recently considered the issue of whether local authorities are required to fund placements of children with relatives where the child’s parents are, for whatever reason, unable to look after them. Andrew Swarland reports.

Children: Age assessments and dental development
The Upper Tribunal has given general guidance on the use of evidence of dental development in age assessment cases. Joshua Swirsky explains the ruling.

Community Safety: Before its time?
Can a local authority use the Anti-social Behaviour Crime and Policing Act 2014 in relation to incidents that occured before the Act commenced? Jonathan Manning reports.

Dispute Resolution: Settling public law claims
A recent High Court judgment on the settlement of public law claims and which party should pay costs is a victory for common sense, writes David Lintott.
 
Dispute Resolution: Defending a claim for judicial review
This LexisPSL Public Law checklist, produced in partnership with Stephen Hocking of DAC Beachcroft highlights the key steps and considerations for defending a judicial review claim including preliminary assessment, acknowledgement of service and skeleton arguments.

Dispute Resolution: Commencing proceedings and limitation
A recent decision serves as a timely reminder of the strict approach of the Court to the rules surrounding service of proceedings and limitation, writes Sharon Dysart.

Dispute Resolution: Obvious risks and occupiers' duties
The Court of Appeal recently allowed an appeal by a local authority over an order that it should pay compensation to a claimant injured in a public park. David Williams examines the case.

Education: Grammar schools: back to the future?
Satnam Virdi reviews recent evelopments in relation to grammar schools, including the Government's latest proposals.

Education: Segregation of sexes in school
What are the obligations of schools under the Equality Act 2010? Mark Blois talks to LexisNexis about how a recent high-profile court case has made no change to the core obligations schools are under.

Education: SEN statements and choice of school
What should happen when parents cannot agree on the choice of school in a statement of Special Educational Needs? Joanne Clement looks at recent guidance from the Upper Tribunal.

Employment: Procedural failings and gross misconduct
Brian Gegg examines a recent Employment Appeal Tribunal ruling on the impact of procedural failings on the fairness of a dismissal for gross misconduct.

Employment: Disclosing information on TUPE-transferred staff
Can you be ordered to disclose information about staff who have TUPE transferred to another employer? Allison Cook reports on a recent Employment Appeal Tribunal ruling.

Employment: Discrimination arising from disability
A recent Employment Appeal Tribunal ruling in a case involving a school run by a city council should act as a warning for employers, writes Eleanor Boyd.

Employment: Officers, relatives and apparent bias
A High Court judge has found decisions tainted by apparent bias where an officer’s husband worked for a rival developer. John Hunter reports.

Employment: Reforms to IR35 for public sector engagers
Lizzie Stone and Ben Watson examine the latest developments in relation to the intermediaries rules and the public sector.

Governance: Promises, promises
In the first in a two-part series David Sykes analyses recent developments in relation to substantive legitimate expectations.

Governance: Devolution and local growth: borrowing powers
There have been suggestions that next week's Autumn Statement may deliver greater flexibility for combined authorities when it comes to borrowing. Judith Barnes looks at the benefits this would bring.

Health: Tackling bed blocking
With a hospital recently forced to obtain a court order to evict a patient, Kiran Bhogal, Emma Stockwell and Joanna Trewin consider the legal issues around bed blocking.

Health: The power to commission PrEP
A Court of Appeal ruling that NHS England had power to commission the anti-retroviral drug PrEP will be welcomed by councils. Monica Blades-Chase explains the judgment.

Housing: Homelessness decisions and the PSED
A recent Court of Appeal ruling on homelessness decisions and the public sector equality duty is a victory for substance over form, argue Kelvin Rutledge QC and Ryan Kohli.

Housing: Moving on out
The Court of Appeal has upheld a ruling on whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended. Justin Bates sets out the background to the case.

Housing: Out of the Blue
Scott Greenwood looks at the ramifications for social landlords' use of suspended possession orders after the Court of Appeal's decision in Cardiff County Council v Lee.

Information Law: New directions for Article 10
The European Court of Human Rights has reversed the Supreme Court’s ruling in the Kennedy case on rights of access to information. Richard Clayton QC explains why.

Information Law: The value of FOI
LexisPSL Public Law speaks to Adam Chapman, partner and head of public law at Kingsley Napley, about the potential expansion of the UK’s freedom of information (FOI) regime.

Information Law: Stay ahead of data protection trends
It has been a busy year for anyone looking to stay on top of data protection and privacy law. What are the key risks and developments that public authorities should be keeping in mind going forward? Andrew Gallie explains.

Licensing: The Alchemist of the North
A recent court case has provided a reminder that cumulative impact policies should generally act as a filter and not a bar, writes Philip Kolvin QC.

Licensing: Shisha smoking – a hot topic
Anna Mathias looks at Westminster City Council's approach to controlling shisha smoking and reports on an appeal where the authority has sought to use planning legislation.

Licensing: Licensing and Planning
The operation of premises for licensable activities requires both planning and licensing authorisations. There will be overlaps as issues such as noise nuisance may be considered by both planning and licensing committees when deciding whether to grant authorisations and any conditions to be attached. Prof Roy Light explains.

Management: Better than ever
Jayne Francis-Ward, head of EMLawShare, sets out the highlights from the legal services consortium's fifth conference.

Planning: Restrictive covenants and planning permission
Brendon Lee analyses the role of planning permissions in the removal of restrictive covenants.

Planning: Outline applications for planning permission
How wide is the scope of an outline application for planning permission? John Pugh-Smith looks at the issues.

Planning: Neighbourhood plans – here to stay
Martin Edwards provides an update on the growing significance of neighbourhood plans.

Planning: Down to basics!
A High Court judge has recently considered a question about the extent to which subterranean development can be carried out relying on the current regime of permitted development rights. John Pugh-Smith analyses the case.

Procurement: Engaging consultants for public contract specification
What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification? LexisPSL Public Law, in partnership with Peter Ware of Browne Jacobson LLP, explain.

Procurement: Procurement breaches changing the tender outcome
In this LexisPSL Public Law analysis, Fiona Scolding, barrister at Outer Temple Chambers, considers a recent case in relation to damages to be awarded on a procurement claim if the breach would have made a difference to the outcome of the tender.

Procurement: Termination clauses and the Public Contracts Regulations 2015
This LexisPSL Local Government article, produced in partnership with Mark Bassett of Dentons addresses the question of whether contracting authorities need to redraft their standard termination clauses for contracts subject to the Public Contracts Regulations 2015.

Procurement: Local aid is not State aid
Bethan Lloyd examines how local authorities can provide local aid without falling foul of rules on state aid.

Procurement: Trends in procurement
Procurement law continues to develop apace. David Hansom and Robert Prater highlight two significant cases over the past 12 months.

Projects: Estate regeneration and the right to buy
A High Court judge recently dismissed a legal challenge over a Cabinet’s authorisation of the redevelopment of a large housing estate. James Goudie QC explains the ruling, including an important issue in relation to the Right to Buy.

Projects: Time for a review?
Alex Lawrence provides some top tips on how local authorities can go about evaluating the effectiveness of their alternative delivery vehicles.

Projects: Regeneration X: Failed CPOs
The Communities Secretary earlier this month refused to confirm a compulsory purchase order for a key regeneration scheme in London, prompting Southwark Council to announce a judicial review challenge. Simon Ricketts analyses the minister's decision.

Property: Housing estate regeneration and CPOs
Chris Skinner examines the vital role for compulsory purchase in the regeneration of housing estates.
 
Property: CPOs and run-down listed buildings
Chris Skinner examines how effective use can be made of compulsory purchase orders to deal with run-down listed buildings.

Property: Clarity and conduct
The RICS has issued a new edition of its dilapidations guidance note. Sarah Pope examines the key changes.

Property: The rise of the place shapers
Chris Plumley examines the resurgence in public sector real estate.

Regulatory: Accidents and control of premises
James Buchanan and Lewis MacDonald analyse a recent case where the Health & Safety Executive brought proceedings against the freeholders of commercial properties where accidents had occurred.

Transport & Highways: Standards of highway maintenance
This LexisPSL Local Government article, produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
 

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