The Localism Act - Two Years On
Has the general power of competence inspired councils to innovate their way through austerity? What has been the effect of the revised standards regime? When will communities begin to assert their rights over services and assets? And what are the implications for legal teams?
Click here to read our exclusive supplement, produced in association with Freeth Cartwright LLP.
Key elements of Localism Act fail to live up to Government promises: survey Research finds general power of competence yet to make significant positive difference at vast majority of councils. One in four councils also report that revised standards regime has led to worse behaviour from members
C-section case shows need for radical changes on transparency: Munby "Many more judgments must be published," President of Family Division says
Court of Appeal issues key NPPF ruling in cases where no local plan yet Judges criticise ambiguity in drafting of paragraph 47 of the National Planning Policy Framework
Council sees off developer at Court of Appeal over retail park restrictions Developer sought to rely on later permissions for building operations to argue for release from restrictions limiting retail sale to bulky goods
Report from QC clears council and officers over waste incinerator contract No evidence that Cabinet exceeded its authority in authorising contract
Auditor says payments at council to buy out allowances "unlawful" One-off payments made to chief officers over car and leave allowances were intended to harmonise terms and conditions with other staff
Surrey authorities to set up legal panels worth £6-20m Framework to be accessible by local authorities in Surrey, East Sussex and Berkshire
Brussels publishes new public procurement thresholds But vagaries of exchange rates have major impact
Major blow for Law Society as motion of no confidence in leadership passed Criminal lawyers angry over Chancery Lane's negotiations with Ministry of Justice over legal aid reforms
GREAT JOBS ON LOCAL GOVERNMENT LAWYER - APPLY TODAY:
To see all roles on LGL, click here. There are locum roles across all practice areas: Legal Services Manager (South East), Civil Litigation Lawyer, Education Lawyer, Property Lawyer, Commercial and Procurement Solicitor, Planning Solicitor and Childcare Solicitor. Please let them know you saw the job on Local Government Lawyer.
ENJOY THE FESTIVE BREAK: This is the last newsletter of 2014, with the next issue coming out on 10 January. We will continue to keep the site updated over Christmas and New Year. Thanks for your continued support.
More news stories....
Spending watchdog issues damning report on use of confiscation orders NAO criticises lack of awareness within criminal justice system and Government's failure to produce coherent strategy. Report also says sanctions for non-payment are not working
Borough council becomes second authority to adopt late night levy Cheltenham to implement scheme in April 2014
Watchdog warns gambling businesses after half fail test purchase Many independent high street businesses do not have sufficient controls in place at premises
LGO urges admissions authorities to learn lessons of London appeal case Report finds council wrongly identified appeal as infant class size appeal, sent parents its response from a different case
Enshrine community benefits of fracking in law, says LGA Demand after Government publishes regulatory roadmap and strategic environmental assessment
North West housing association to set up £800k legal advice panels
Double raid on same market sees £7m+ of counterfeit goods seized
National agreement on behaviour of 'chuggers' sees fall in complaints
See all of our most recent news stories
LAST CALL: We are keen to find out what readers think of the site and what other features you would like to see. To complete the survey, click here. One respondent will receive a £50 John Lewis voucher in time for Christmas.
GET CPD AT YOUR DESK: Courses on Local Government Law TV include modules Procurement Challenges – Tactics, Timings and Remedies, An Introduction to the Data Protection Act 1998, The New EU Procurement Directives and Tenants in Trouble. Take out an individual or team subscription today. Or buy a course from as little as £25+VAT.
FEATURED SUPPLIER: Gibbins Costs Lawyers - one of the North's largest independent firms of costs lawyers and consultants, serving solicitors and legal practitioners nationwide.
New articles on Local Government Lawyer
Shared services and public to public cooperation under the new directive
Peter Ware examines the codification of the Teckal case through the new public procurement directive.
The Court of Appeal rules again on relief from sanctions
The Court of Appeal has issued its first ruling on relief from sanctions following the Mitchell/'plebgate' case. Gordon Exall considers the judgment.
Contracting out homelessness review decisions
The High Court has held that a local housing authority did not lawfully contract out its homelessness review decisions because the relevant authorisation should have been given by the Cabinet and not the Council. The authority had, however, retrospectively ratified the authorisation. Toby Vanhegan reviews the judgment.
Suspension of taxi drivers' licences
Roy LIght looks at the role suspension of a taxi driver's licence plays in the aftermath of a key High Court ruling in 2012.
Staying the course?
A High Court judge has granted an urgent 'out of hours' stay to prevent the closure of a lap dancing club in Leeds. Isabella Tafur explains the background to the case.
Clive Bleasdale looks at how local authority land can be used as a tool for promoting growth.
Dealing with industrial action short of a strike
With industrial action looming in the fire and rescue services, Allison Cook looks at ten key questions and sets out a checklist of things to consider.
Latest courses on Local Government Law TV
|Procurement Challenges – Tactics, Timings and Remedies
||This course outlines the main reasons for challenges to procurement decisions, the procedures which must be followed, the sanctions and remedies available and provides tips for contracting authorities on how best to respond to - and prevent - challenges.
|Managing Evaluation and Post Contract Changes
||This course analyses how the new EU Procurement Directives will change the way that public tenders are evaluated and post-contract changes enacted when the regime - expected by 2015 - is put into place.
|The New EU Procurement Directives
||This course analyses the provisions of the new EU Procurement Directives and assesses how - and when - they will affect contracting authorities. It also examines the main procedures that will be available to contracting authorities under the new regime.
|An Introduction to the Data Protection Act 1998
||This course provides an introduction to the main provisions of the Data Protection Act, outlines and examines the main principles of the Act and its definitions and explains how its provisions are applied in practical situations.
|Tenants in Trouble
||This course sets out the remedies open to public sector landlords when faced with commercial tenants in rent arrears or other breaches of their lease conditions and provides practical advice on when they are suitable and how they should be exercised.
All courses are CPD-qualifying. Your first course is FREE.
Departmental subscriptions from £495 + VAT for 12 months unlimited access. Click here for details.
The latest blogs...
Infrastructure planning review of 2013 and a competition by Angus Walker
As this is the last entry for 2013, it is time for a retrospective. Back in January I made ten predictions about 2013 - how accurate were they?
Shortlist of first nationally significant airport projects published
Compulsory pre-application consultation introduced for tiny wind farms
Snap judgement: Are Alternative Business Structures...
...the future for local authority legal practices in an outsourced world
...only suitable for specific situations
...the beginning of the end for in-house teams
Click here to vote now
And some you may have missed....
Adult Social Services: The Court of Protection and declarations of capacity
When should the Court of Protection decline to make a declaration as to capacity? The CoP team at 39 Essex Street
report on an important ruling.
Children's Services: Consent orders and school exclusions
The High Court has provided useful guidance on settlement of school exclusion cases where all parties are agreed on the desired outcome. Alexander Campbell
analyses the judgment.
Community Safety: Tenancy agreements and gang membership
considers how tenancy agreements can be amended to prevent tenants being members of a gang.
Employment: Settlement agreements and the risk of accidental contracts
looks at the practical lessons to be learned by public bodies from a High Court decision on pre-contract negotiations, and analyses the new legislative approach to settlement agreements.
Governance: Changes to defamation law from 1 January 2014
looks at the key provisions in the Defamation Act 2013 for entities that provide public services or perform public functions and who are seeking to protect their own reputation or that of officers and employees, and also for those organisations who receive a defamation claim.
Housing: Major housing reforms unveiled in Wales
examines the key proposals in the Welsh Government's Housing (Wales) Bill.
Licensing: A matter of policy
A High Court judge has ruled as to which licensing policy applies if a new policy is issued after the date when the application is made but before the date of the hearing by the licensing sub-committee or the Magistrates' Court on appeal. Philip Kolvin QC
explains the ruling.
Litigation: The Supreme Court on "prohibitively expensive" costs: Aarhus again
David Hart QC
looks at the latest Supreme Court ruling in a long-running case on the costs of environmental litigation.
Planning: Pushed to the limit
The Court of Appeal has ruled that the time limits in s. 171B of the Town and Country Planning Act 1990 are not incompatible with the Environmental Impact Assesment Directive. Mary Cook
explains the ruling.
Procurement: How to succeed in Competitive Dialogue
What are the key issues that contracting authorities should bear in mind when looking to achieve a successful and efficient procurement using competitive dialogue? Craig Griffiths
Procurement: Rescues, restructuring and state aid
highlights the key issues from a European Commission consultation on guidelines for state aid and rescues of 'non-financial' undertakings.
Projects: A huge day for infrastructure planning
reports on three significant developments affecting the Planning Act 2008 regime for nationally significant infrastructure.
Property: Competence power strays into Harrogate and Convention Rights....
The general power of competence is back in the news thanks to a High Court case on its application and the DCLG consulting on Harrogate Council's proposed use of it to stage the Tour de France. Nicholas Dobson
We are pleased to announce the introduction of an annual corporate subscription that will provide access to a full year of CPD accredited legal training for your lawyers and your client departments.
What is included?
Who can take the training?
- unlimited access to the full library of webinar content for 12 months
- the option to purchase DVD copies of the webinar training
- discounted rates offered to attend LGG training courses
What is the cost?
- lawyers and other professionals within your team, each of whom will be provided with personal login to enable them to earn and keep a record of their individual CPD credit.
- members of your client departments, such as the child protection team, trading standards officers, planners, procurement professionals or social workers. On purchasing a corporate subscription, a client account login will be provided for use by your client departments to view online content at no extra charge.
- the cost relates to the numbers of individual registered users per authority, excluding those who use the client account. These users will be registered for the full year of the subscription with the option to replace a registered user if somebody leaves the authority during the year of subscription. Option 1 below
- a DVD option will supply a DVD for every webinar booked – Option 2 below
- in addition to option 1 a DVD can be purchased for an individual webinar at an additional £15 + VAT if required. This can be ordered when booking the webinar
- for a shared legal service serving more than one authority area, references to the number of registered users are to the combined aggregate number of users from the relevant authorities
- registered users of a corporate subscription will benefit from discounted offers to attend LGG training events during the 12 months.
How to register for a corporate subscription
Online + DVD
|Local authority with up to 10 registered users
|Local authority with 10 – 30 registered users
|Local authority with more than 30 registered users
|Law firms with up to 20 registered users
|Law firms with 20+ registered users
Individual subscriptions can be purchased online at www.localgovernmentlaw.tv
To set up a corporate account please contact Derek Bedlow on 0207 239 4917 or email@example.com
giving details of your authority, the number of users you would like to register and if you would like to take the DVD option for all booked webinars.
We will then contact you within 24 hours to confirm this subscription has been set up. The corporate subscription members will then be able to register on the site and instantly access the webinar training.
, if you would like to pay-as-you-go
for webinar training by setting up a corporate pay-as-you-go account for your authority a monthly invoice will be produced and a 10% discount will be applied to all purchases by members of your authority.
There is also the option to take a free trial of a webinar
(which includes CPD credit). Register as a user on www.localgovernmentlaw.tv
and add your preferred course to the cart. During the checkout process, enter FREE TRIAL in the box where indicated (don't forget to click 'Submit'), and the cost of your course will be reduced to zero. Complete the process and your course will be instantly available to view and you can watch it as many times as required for 30 days, from any computer or most mobile devices.
Click here to see all courses on Local Government Law.tv (119)