DON'T MISS: How to deal with complex procurement issues - Thomson Reuters - 9th March
- nplaw: Senior Lawyer (Planning – CPO Specialist) (£39,561 - £43,188), Lawyer (Commercial) (£33,966 - £37,854) and Lawyer - Adult Safeguarding and Community Care (£33,966 - £37,854)
- Tri-Borough Shared Legal Services: Solicitor (Planning) (£37k to £50k plus PRP) and Solicitor (Employment)
£37k to £50k plus PRP
- Shelter: Solicitor (Slough, £28,471-£34,296)
- Southampton: Contracts Commercial Officer (£41,551 - £47,010)
- Eastleigh: Property Paralegal (£23,130 to £25,054)
- North Norfolk: Local Government Lawyer (£29,854 to £33,106)
- City of London Corporation: Principal Legal Assistant - 12 month fixed-term contract (£45,490 - £51,870)
- Falkland Islands Government: Head of Legal Services ( £69,850 to £86,208)
Councils under pressure to fix potholes immediately after CoA ruling
Majority decision in Court of Appeal finds against borough council over claim by jogger that pothole should have been fixed immediately it was discovered
Councils told to publish ‘realistic’ house-building plans as DCLG publishes White Paper
Up to 60% of English councils are on course to have housing plans imposed on them by Whitehall next year, under reforms proposed in housing White Paper from Department for Communities and Local Government
Barnet wins best interests vaccine battle in High Court
Judge backs decision of London borough to vaccinate looked after baby against wishes of his mother
CoA gives guidance on fixed costs regime
Court of Appeal decides what judges called “a short but important point of interpretation of the Civil Procedure Rules” which originated in claim against Leeds City Council by pedestrian who was injured after tripping on footpath
BBC commits £8m for 150 local democracy reporters to cover council meetings
Broadcaster to fund 150 news reporters to cover council and public meetings across UK to enable better scrutiny of council proceedings and decisions
ICO warns schools of ‘high bar to clear’ over body cameras for teachers
The Information Commissioner’s Office (ICO) warns schools that they must carry out privacy impact assessments if they are considering fitting their teachers with body cameras
Redbridge seeks approval to extend selective licensing scheme
The London Borough of Redbridge implements selective licensing scheme in two of its wards but is set to seek ministerial permission for a much larger scheme
MUST-READ: The cost of compulsorily acquiring land
How much does it cost a local authority to compulsorily acquire land? Chris Skinner
explains in his latest article on CPOs.
LGO raps councils for “unfair” approach to traffic enforcement
Councils in England should do more to make Penalty Charge Notices fairer, Local Government Ombudsman says in new report analysing complaints received about traffic and parking fines imposed by local authorities
Crowd-funded PCR test case kicks off in High Court
Administrative Court this week hears arguments on whether anyone other than ‘economic operators’ can invoke Public Contracts Regulations in judicial review proceedings
Coventry faces second judicial review over stadium
City council informed that it is to be taken to second judicial review regarding its involvement with Ricoh Arena, home of Coventry City Football Club and Wasps RFC
MPs claim that Oxfordshire unitary plan “fails DCLG criteria”
Three Conservative MPs and one Labour challenge initiative to set up a "super council" for Oxfordshire.
Capsticks expands housing practice with new partner and team from Clarke Willmott
Spencer Vella Sultana joins Capsticks' housing team as Development Partner from Clarke Wilmott, together with other team members and will be joined by further partners and colleagues due to make move to Capsticks later this year (On Public Law Today)
Housing association offers to buy back problem properties as MP calls for tighter regulation
The Clarion Housing Group offers to buy back 58 leasehold and freehold properties from residents of Orchard Village in Rainham
Social housing group eyes £1.5m legal advice panel
Capsticks expands housing with partner, team from Clarke Willmott
MORE NEWS STORIES
Health and social care integration plans at ‘significant risk’, says NAO
Process of integrating health and social care sectors could take years to lead to positive results and has not eased pressures so far, according to National Audit Office
Homeowner awarded £15k in knotweed test case
National Rail ordered to pay £15,000 and legal costs in what is being seen as test case on properties blighted by Japanese knotweed
Children seek damages from council after being left with neglectful parents
Official Solicitor takes legal action against Swansea Council over case where children were not taken into care but left with neglectful parents
HCA to strengthen standard on tenant involvement
Homes and Communities Agency launches a consultation on proposed amendments to its Tenant Involvement and Empowerment Standard ahead of de-regulation
See all of our most recent news stories
MORE NEWS STORIES
Taxi drivers face fines of £1000 for discriminating against wheelchair users
Taxi drivers will from 6 April be prohibited from discrimination against wheelchair users, Government announces
RSPCA retains prosecution powers despite parliamentary criticism
Royal Society for the Prevention of Cruelty to Animals is to keep its powers to prosecute in animal welfare cases despite parliamentary committee calling for these to be removed
Gambling Commission nets first virtual currency convictions
Watchdog secures two convictions in first prosecution involving virtual currencies, leading to fines and costs exceeding £250,000
Croydon launches POCA claim against benefits fraudster
London borough initiates proceeds of crime proceedings against benefits fraudster who was sentenced to seven years imprisonment in November
This week's analysis
Fresh points on Assets of Community Value
Christopher Cant examines the key learning points from the latest batch of rulings in relation to assets of community value.
Air quality, habitats and alternative sites
The Court of Appeal has issued a ruling in an air quality and habitats challenge relating to Ashdown Forest. James Maurici QC explains the outcome.
Pay grades and contractual rights
Claire Booth reports on a Court of Appeal ruling on whether a council employee had a contractual right to be paid whatever salary was attached to a particular grade in all circumstances.
A High Court judge has overturned an indefinite teaching ban on a ‘superhead’ who channeled work to a company with which he was associated. James Goudie QC looks at the reasons why.
Parental consent not required for section 20 accommodation
Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent? Jonathan Auburn looks at the Court of Appeal's answer to this question.
The right to data portability under GDPR
Ibrahim Hasan considers the new right to data portability under the GDPR and examines its impact on the public sector.
Settlement agreements and the procurement rules
Daniel Milnes examines a Court of Justice of the European Union case on whether a settlement agreement can amount to a regulated modification of a contract.
What the Housing White Paper means for infrastructure - by Angus Walker
A long-awaited white paper on housing, Fixing our broken housing market
, has been published. A bold title, considering that roughly the same party has been in power for getting on for seven years.
Draft airports national policy statement published
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: 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.
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
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
Children: 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
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
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
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
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.
Education: Grammar schools: back to the future?
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
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
Governance: 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.
Governance: An unprotected species?
considers the recent legislative changes around local authority governance arrangements.
Governance: 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.
Governance: Promises, promises
In the first in a two-part series David Sykes
analyses recent developments in relation to substantive legitimate expectations.
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
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: 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
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
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.
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
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
Planning: Restrictive covenants and planning permission
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
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: Insourcing: what do you need to know?
and Caron Gosling
look at the issues for local authorities considering bringing services back in-house.
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
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
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
examines how local authorities can provide local aid without falling foul of rules on state aid.
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?
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: 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.
Property: Housing estate regeneration and CPOs
examines the vital role for compulsory purchase in the regeneration of housing estates.
Property: CPOs and run-down listed buildings
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.
Regulatory: Accidents and control of premises
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.