Local Government Lawyer
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JOB OF THE WEEK: Hertsmere is looking to hire a Head of Legal and Democratic Services. This is a great opportunity to lead the group and be a member of the council’s Senior Management Team. The role also carries the statutory responsibility of Monitoring Officer.

EVENT OF THE WEEK: Francis Taylor Building is holding a half-day Rating Seminar in London on 23 October. Also, don't miss the set's Licensing Seminar for Police and Local Authorities in Manchester on 3 October.

ProjectsMonitoring officers told to "step up to plate" post-Rotherham and mid-Staffs
Centre for Public Scrutiny says MOs must ensure constitution of their organisation functions correctly and protects those whom it is designed to protect

Government consults on regulations for new public procurement directive
Draft regulations also set out policy positions taken after discussions with stakeholders. Cabinet Office says its approach is to maximise flexibility in rules

Judge slams county council for depriving autistic woman of her liberty and breaching her human rights
Court of Protection judge hits out at "systemic failure" and "blatant disregard" of process of Mental Capacity Act

LGA issues guidance on 'community trigger' part of anti-social behaviour reforms
Guidance covers issues such as setting up local review procedures and approaching case reviews

Council to use new ASB powers over amplified busking near abbey
Local authority turns to Anti-Social Behaviour, Crime and Policing Act 2014 after abbey forced to abandon church service

Research finds major concern amongst children at court transparency plans
Study for Association of Lawyers for Children finds unanimous opposition to media attendance at hearings or reporters having access to court documents

Change to travellers definition "has potential for legal challenge"
Planning Officers' Society warns DCLG's proposed change would place an unnecessary burden on local authorities

Claimant to have application of JR of landlord scheme heard on 2 October
Landlord claims "strong grounds" of irrationality, unlawfulness and more

NW council to seek judicial review after inspector decision on 170-home site
Inspector overturned council's refusal of planning permission but authority says he failed apply correct approach to site

Returning officer mulls ban on use of council land for election posters
Move follows damage and de-facing of posters on street furniture during European elections. Council also said it had received numerous complaints

County council puts care home closures on hold following legal challenge
Court asked local authority to temporarily suspend closure programme pending resolution of legal proceedings

Watchdog puts four councils on monitoring list over FOI response delays
ICO to monitor Lambeth, Tower Hamlets, Warwick and Wigan between 1 September and 30 November for timeliness of responses

NEW ON LGL: Apply today for the post of Deputy Head of Legal Partnership (£55,044-£64,390 doe + £1,239 essential car user allowance) at Mid Kent Legal Services. Other great jobs on LGL include: LOCUM OPPORTUNITIES: There are some fantastic posts available across a range of practice areas including: Senior Civil Litigation Solicitor, Childcare Solicitor, Prosecutions Lawyer and Adults Lawyer. To see all roles on LGL, click here.

London borough prosecutes parent for forging document in school place bid
Mother fined after being prosecuted under Forgery and Counterfeiting Act in what is thought to be be the first case of its kind to come to court

Councils must remind schools of proper process on waiting lists: Ombudsman
Local Government Ombudsman upholds complaint against Lambeth Council after school offered place to child lower than another on list

Museums Association mulls throwing out council over sale of Egyptian statue
Ethics committee could ban authority from membership after £8m sale; council says funds to be used to expland town's museum and gallery

Taxi licensing changes "could put children at risk of sexual exploitation": LGA
Warning fired over Deregulation Bill provisions which mean licence holders can permit other people to use vehicle when off-duty

Health services regulator issues guidance on applying Competition Act 1998
Monitor says it takes responsibility for enforcing rules "very seriously"

London Pensions Fund Authority to back 200+ home development
LPFA says "innovative covenant" to help relieve pressure on capital's housing market

Landlord faces £140k confiscation order for renting flats without permission

City council fined £15k after litter picking employee hit by car on busy road

Nursery and Midwifery Council to set up legal advisory panel worth up to £3m

National Audit Office consults on draft code for auditing local public bodies

See all of our most recent news stories
KEY EVENTS AND COURSES: FEATURED SUPPLIER: Joanna North Associates is a training & therapeutic consultancy for children, adults & families. Also, an expert witness and Ofsted inspected adoption support agency .
New articles on Local Government Lawyer

NoonCharting a course
These are undeniably challenging times for the public sector but its lawyers should still be upbeat, Lawyers in Local Government President and Director of Essex Legal Services Philip Thomson tells Philip Hoult.

Cases involving concealment – where are we now?
Steven Bell of nplaw reports on a recent planning inspector's decision that may have clarified some of the key issues in cases of deliberate concealment.

Trading up
Rob Hann explores how local authorities considering trading can get started on the right track and stay there, and reports on a new pilot scheme from Local Partnerships.

Recording and recovering in-house legal costs in the Employment Tribunal
A recent case provides a reminder that in-house legal teams should take care to record their time and costs if they wish to recover their costs of litigation in the Employment Tribunal, write Rebecca Pallot and Simon Lambert.

Collaborative procurement
With the increased focus on joint procurement, Katie Bray of Essex Legal Services looks at some of the key issues public sector bodies need to bear in mind.

Damages for loss of personal data
A £20,000 award in damages for loss of personal data was recently upheld on appeal. Robin Hopkins analyses the judgment.

Housing and homelessness update
Christopher Knight reviews some of the key recent decisions in the field of housing and homelessness law.

The Care Act: capping costs
The Community Care Team at 39 Essex Street examine the likely impact of the cap on care costs contained in the Care Act 2014.

The way forward for health and social care?
A bold vision for the future of health and social care has been published by the Commission for the Future of Health and Social Care in England, chaired by Kate Barker. Anne Crofts and Judith Barnes look at the key findings.

New courses on Local Government Law TV

All courses are CPD-qualifying. Your first course is FREE.

Local Government Finance for Lawyers £25.00 This presentation provides an overview of the structure of local government finance, the budget-setting processes of local authorities and the respective responsibilities of members and officers in deciding and monitoring spending.
Recent Developments in Information Rights Law and Practice 2014 £25.00 In this presentation, the Deputy Information Commissioner Graham Smith provides an update on some of the key issues in freedom of information and data protection law.

Departmental subscriptions from £249 + VAT for 12 months unlimited access (LLG members). Click here for details.

The latest blogs...
Technical consultation on planning draws to a close by Angus Walker
This entry reports on the 'technical consultation on planning', focusing on infrastructure planning.

The first 25 NSIP decisions

Been away? Features on Local Government Lawyer recently include:

Adult Social Services: Support and the capacity assessment
A recently-published Court of Protection ruling is helpful for capacity assessors as to what is relevant and not relevant when assessing an individual's capacity to make certain decisions. The CoP team at 39 Essex Street explain why.

Children: Are you ready for the Children and Families Act?
Clinical commissioning groups and councils must now work together on commissioning services for children and young people with disabilities and special educational needs. David Owens and Madeline Moore look at the key issues for CCGs in particular.

Employment: Disabled employees: Employers need to be proactive
A disabled employee of a London borough who was unable to attend administrative meetings has recently had his claim for disability discrimination upheld. Martin Cheyne and Emma Laing analyse the case and look at the lessons to be learned.

Governance: Submitting to a data protection audit
The Information Commissioner’s Office must ensure parity of treatment when it comes to local government data protection audits, writes Jonathan Baines.

Healthcare: Pregnancies and capacity to make decisions
The Court of Protection has recently issued guidance on obstetric cases for patients with mental disorder, illness or impairment. Stuart Marchant and Hannah Taylor analyse the ruling.

Housing: Capacity and tenancy agreements
The Court of Protection team at 39 Essex Street review one of the very few publically available judgments in which the elements of the capacity to enter into a tenancy agreement are considered.

Licensing: Super strength?
Paddy Whur considers the importance of the Superintendent's Certificate when it comes to summary reviews of premises licences.

Litigation: Ex tempore judgments - did you know?
A recent speech by Lord Neuberger has highlighted how – following an ex tempore judgment – changes can be made to an approved transcript. Jasmine Murphy looks at the challenges this presents.

Management: Local authority ABS or bust?
Azhar Ghose examines the reasons for local authority legal departments to establish an alternative business structure, and examines some of the alternatives that are available.

Planning: The NPPF - what does it mean?
There has been a recent flurry of decisions relating to the National Planning Policy Framework. Heather Emmerson reviews the judgments.

Procurement: Directly-awarded public contracts and transparency notices
A recent ruling has shown that a pre-contract OJEU transparency notice will only offer protection if used “legitimately”, writes Brendan Ryan.

Projects: The last PFI project…but not the end of PFI
With the local authority PFI programme ending, Rob Hann looks back at what has been achieved.

Property: Setting up local authority property companies
Scott Dorling looks at the opportunities and challenges presented by local authority property companies.

Snap judgement: Do you expect to be employed within an Alternative Business Structure in five years' time?
- Yes
- No

Click here to vote now

Local Government Law.tv

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

  • 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
 Who can take the training?
  • 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.
What is the cost?
  • 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.
  Lawyers in Local Government  (LLG) member authorities Non-LLG Members
Individual subscription £99 (+VAT) £199 (+VAT)
Local authority with up to 10 registered users £249 (+VAT) £495 (+VAT)
Local authority with 11 – 30 registered users £495 (+VAT) £995 (+VAT)
Local authority with more than 30 registered users £649 (+VAT) £1295 (+VAT)
Law firms with up to 20 registered users n/a £1750 (+VAT)
Law firms with 20+ registered users n/a £2495 (+VAT)
 How to register for a corporate subscription
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 derek.bedlow@localgovernmentlaw.tv 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.
Alternatively, 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)

The Coal Authority

Head of Legal and Democratic Services

Deputy Head of Legal Partnership
Mid Kent Legal Services

Local Government Lawyers (x2)

Property Lawyer
Closing: 3 October

Contracts Solicitors
Commercial Property Solicitors

Planning & Highways Solicitors
Closing: Midnight, 29 September

Assistant Head of Legal
Lawyers (eight)
Closing: 30 September

Solicitor and Monitoring Officer
Closing: midday, 1 October

Procurement & Contracts Lawyer
Thurrock Council
Closing: 28 September

Jobs of the week

Prosecutions Lawyer (South West)

Senior Housing Lawyer (London)

Childcare Lawyer (Yorkshire)

Commercial Property Locum (West Midlands)

Commercial Property Lawyer (Northern Home Counties)

Childcare Solicitor (East of England)

Adult Care Lawyer (North West)

Property Lawyer (London)

Contracts and Procurement Lawyer (South East)

Planning Lawyer - private practice (South Wales)

Projects Lawyer - private practice (South West)

Legal Assistant (Northamptonshire)

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MBL Seminars
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