Local government legal jobs, news, analysis and events.
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Local Government Lawyer
Head of Legal, Royal Borough of Greenwich

AIM FOR THE TOP: We have some very senior roles this week:
There are 13 great posts at HB Public Law: Team Leader - Property, Senior Lawyer - Contracts, Procurement & Information, Senior Lawyer - Planning & Regeneration, Senior Lawyer - Property, Lawyer - Adult Social Care, Lawyer - Criminal Litigation, Lawyer - Contracts, Procurement & Information, Lawyer - Employment & Governance, Lawyer - Planning and Regeneration, Lawyer - Social Care, Lawyer - Property, Lawyer - Social Care, Legal Assistant: Commercial Team, Legal Assistant: Litigation and Social Care.

ALSO JUST IN:
Click here to see all posts.

DON'T MISS:
- Cornerstone Barristers' Selective/Additional licensing and HMOs Seminar in London on 26 February.
- The 11KBW Community Care Roadshow in Manchester on 29 February
- LexisNexis: Continuous Improvement - 24 February - London

NEWS HEADLINES
Plans put forward to integrate HB Public Law and Buckinghamshire legal teams
One of largest local authority shared legal services could be created later this year if proposed integration of HB Public Law and legal services department at Buckinghamshire County Council goes ahead

Shropshire Council to shut trading company next month over lack of profits
Cabinet decides to close high-profile trading company from the end of next month and bring all services it provides back in-house. Internal review found company was failing to deliver profits and had been saddled at outset with "huge overheads"
 
Ministers seek to stop procurement boycotts through new guidance
Public procurement should never be used as tool to boycott tenders from suppliers based in other countries, "except where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government”, says new Public Procurement Note, which is applicable to wide range of public bodies

District wins Planning Court appeal over 103-dwelling scheme
Council in Planning Court appeal success after inspector granted outline permission for 103-dwelling development

Ombudsman criticises council for lack of transparency in planning decision
Local Government Ombudsman criticises council after planning committee approved application against officer's recommendation but failed to give reasons for doing so

Minister sets deadline for council to decide on status of footpath to beach
Environment Secretary says prospective timescale of 2019 – for decision over whether council should modify its definitive map and statement of public rights of way so as add footpath to beach on Portland Harbour – was "not reasonable"

Communities Secretary directs return of limited powers to Rotherham
Greg Clark issues directions returning some functions – including legal and democratic services – to Rotherham Metropolitan Borough Council

Council nets £575k confiscation orders after its largest timeshare fraud case
Trading Standards Service at Warwickshire secures confiscation orders worth more than £575,000 against company and one of its directors following its largest ever timeshare fraud case
MORE FANTASTIC JOB OPPORTUNITIES: Leicester City Council has a range of positions available. It is looking for a Principal Lawyer - Contracts plus qualified lawyers in ProsecutionsContractsChild Care and Adult Social Care.

There are other great roles - but watch out, some closing dates are imminent:
KEY EVENTS: Cornerstone Barristers is holding Health & Social Care 360° in London on 26 March and Selective/Additional licensing and HMOs Seminar in London on 26 February.

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MORE NEWS STORIES....

Government issues call for evidence as part of Rural Planning Review
DCLG and DEFRA issue call for evidence as part of ‘Rural Planning Review’ which will “look to reduce regulatory burdens in support of new homes, jobs and innovation” 

Council to fight grant of permission by inspector for 100-home scheme
Borough council to bring High Court challenge on two grounds over planning inspector’s decision to grant appeal by developer

Judge rejects bid to have permission for 90-home scheme quashed
West Berkshire Council says it will accept High Court judgment dismissing its appeal over inspector's grant of planning permission for development with 90 dwellings

Home Office to fund employee whistleblowing helpline over child protection
NSPCC to run new national helpline to advise employees who feel unable to speak out about child protection failures or who feel they have exhausted all avenues with their employer directly

MPs warn on oversight of fire and rescue authorities as further cuts loom
Oversight of fire and rescue authorities must be strengthened as they face prospect of further funding cuts from 2016/17, influential committee of MPs warn

Housing Minister kicks off review of Homes and Communities Agency
Brandon Lewis launches review of national housing, land and regeneration agency and social housing regulator

LGO and Care Quality Commission reach Information Sharing Agreement
Local Government Ombudsman and Care Quality Commission conclude updated Information Sharing Agreement that will further develop practice of 'warm transfers'

Directors call for public health objective in revamped Licensing Act
Nine out of ten Directors of Public Health at local authorities want public health objective to be included in revamped Licensing Act, according to survey carried out by Local Government Association

See all of our most recent news stories
TOP INTERIM ROLES: Senior Planning Lawyer (London), Adult Social Care Locum (West MIdlands), Contracts and Procurement Locum (West Midlands), Childcare Solicitor (Merseyside), Planning Locum (East of England) and Senior Lawyer - Planning and Regeneration (Middlesex).

Click here to see all roles and here to sign up to our job alert.

 
KEY EVENTS: The 11KBW Community Care Roadshow in Manchester on 29 February, Newcastle on 4 March and London on 9 March. Speakers include: Charles Bourne QC, Andrew Sharland, Jonathan Auburn.

See also:
Click here to see all training and events or click here to join the mailing list.

European State Aid Law and Policy Third Edition Conor Quigley
New articles on Local Government Lawyer

Money, money, money - councils make the world go around
What do councils need to consider when on-lending? Jon Coane and Gurbinder Sangha look at the key issues. 

Kept in suspense
Jenny Beresford-Jones looks at an early ruling in one of the first disputes where the Court has had to consider the Public Contracts Regulations 2015.
 
EIA trumping
John Pugh-Smith looks at the consequences when a planning decision was made while the Secretary of State’s EIA screening direction process was still pending.
 
CIL Review - can we fix it?
Roy Pinnock sets out ten potential reforms to the Community Infrastructure Levy

The Court of Protection and CICA awards
What part must the Court of Protection play in the finalisation of an award to an incapacitated person that the Criminal Injuries Compensation Authority has decided should be held on trust? David Rees reports. 
 
Injury to feelings payments and tax
Linda Glover analyses an important Upper Tribunal decision on settlements and the tax treatment of injury to feelings payments.
 
ON PUBLIC LAW TODAY
 
The OIA and judicial review
Felicity Mitchell, Deputy Adjudicator, sets out ten principles from ten years of legal challenges involving the Office of the Independent Adjudicator for Higher Education.
 
Academy sponsorship details and FOI
A recent case in the First-tier Tribunal has served as a pertinent reminder that certain information relating to the funding of academies may be disclosed under the Freedom of Information Act 2000. Richard Auton reports.
 
A human rights cautionary tale?
A recent High Court judgment involving claims against an NHS trust and an ambulance service dealt with the legal test for liability, causation and victim status. Francesca O'Neill reports on the outcome.


Visit the LexisNexis Hub
The latest blogs...
Palm Paper is 50th DCO decision - by Angus Walker
On Thursday the Government gave consent for the Palm Paper generation project – like the Tata Steel project a couple of weeks ago, generation mainly for the promoter’s own industrial processes.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: Care Act conundrum: recovering care home fees
Has the Care Act granted an amnesty on care home fees? Jonathan Auburn reports

Adult Social Services: Nursing care in care homes: who pays?
The Court of Appeal was recently divided over the meaning of ‘nursing care by a registered nurse’ under s.49 of the Health and Social Care Act 2001. Richard Gordon QC, Emily MacKenzie and Tom Pascoe report.

Adult Social Services: Capping homecare funding
Has the Care Act changed the legality of policies which cap homecare funding? Jonathan Auburn considers the issues faced by local authorities.

Adult Social Services: Constrained choice can be true choice
The Upper Tribunal has recently considered whether the threat of recall to hospital from the community meant that the patient’s consent was not free and therefore invalid. The Court of Protection team at 39 Essex Chambers analyse the outcome.

Children: Section 20 of the Children Act 1989 – local authority duties
LexisPSL Local Government and Claire Cousin outline a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989, identifying the challenges a local authority may face including parental consent and capacity.
 
Children: Problems with a fact-finding hearing
The Court of Protection team at 39 Essex Chambers look at the lessons from a Court of Appeal ruling that a judge’s fact-finding exercise was fatally flawed.

Education: Wearing the veil in schools
The debate on the wearing of the veil in school continues, with the head of Ofsted the latest to weigh in. Clive Sheldon QC looks at the legal background.

Education: Loans and students not settled in UK
Rachel Kamm reports on the latest instalment in a long-running tale about students who are not eligible for student loans because of their immigration status. (ON PUBLIC LAW TODAY)

Education: Unauthorised absence from school
What happens if a parent refuses to pay a penalty notice for their children's unauthorised absence from school? The LexisPSL Local Government team sets out the key points.

Employment: Can you speak English please?
A recent Employment Appeal Tribunal decision revisited the question as to whether an employer can instruct employees not to speak in a foreign language at work. Sejal Raja and Michael Pine examine the judgment. 

Employment: On message?
The European Court of Human Rights has found that an employer was entitled to access an employee’s private Yahoo! messages (and to sack him). Robin Hopkins analyses what the ruling means in practice.

Employment: TUPE and tasks of short-term duration
The EAT has provided guidance on whether post-transfer events can be taken into account when deciding whether to apply the exemption from the TUPE Regulations for tasks of "short-term duration". Anne Palmer reports.

Governance: Devolution Act gets Royal Assent
Legislation aimed at delivering the Government's devolution agenda has received Royal Assent. Judith Barnes sets out the key measures.

Governance: The revised consultation principles
The Cabinet Office has issued a revised set of consultation principles. Stuart Thomson looks at the key changes.

Governance: 15 years of the Human Rights Act
Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC talks to LexisNexis about the past, present and future.

Healthcare: Corporate manslaughter and public bodies
The first prosecution of an NHS Trust for corporate manslaughter collapsed last week. Tracey Longfield and Colin Moore explain what the case tells us. (ON PUBLIC LAW TODAY)

Healthcare: Capacity at the limits
A Court of Protection judge recently had to rule on whether a woman had capacity to decide whether or not to accept life-saving renal dialysis. The CoP team at 39 Essex Chambers examine the judgment. (On Public Law Today)

Healthcare: When medical treatment becomes a crime
A recent case highlighted the rare circumstances in which a doctor can be convicted of gross negligence manslaughter. Majid Hassan, Joanna Bower and Ed Mellor consider the criteria needed to establish this offence. (ON PUBLIC LAW TODAY)

Housing: Occupational rights, terminating tenancies
The Court of Appeal has provided clarification on whether a spouse who remains in the matrimonial home has continued rights of occupation if their partner has left the home and terminated the tenancy. Bukola Aremu analyses an important ruling for local authorities and housing associations. (ON PUBLIC LAW TODAY)

Housing: Housing associations and the Right to Rent
John Murray considers the impact on housing associations of the introduction of the "Right to Rent" checks, which became compulsory on 1 February 2016. (ON PUBLIC LAW TODAY)

Housing: Bedroom tax challenge success
The Court of Appeal recently ruled that the so-called 'bedroom tax' was unlawful in its impact on victims of domestic violence and disabled children. Michael Deacon examines the judgment.

Housing: EEA nationals and social assistance
The Supreme Court has issued a ruling on claims brought by two EEA nationals to claim social assistance in the UK. Riccardo Calzavara analyses the judgment. 

Information Law: Data breach notification and the new EU Data Protection Regulation
Ibrahim Hasan looks at what the new EU Data Protection Regulation says about data breaches and the need for data controllers to notify.

Information Law: In theory - local authority data retention
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.


Licensing: Fuel on the fire
A restauranteur has recently lost an appeal over the revocation of the licence for a venue that was previously a petrol station. Philip Kolvin QC explains why.

Licensing: The cumulative impact policy in Leeds
Is Leeds’ new Cumulative Impact Policy the way forward? Paddy Whur reports.

Licensing: Exempt lotteries and deregulation
The long-awaited relaxation of rules on exempt lotteries has finally been announced, writes Anna Mathias.

Litigation: Early neutral evaluation
Changes to civil procedure rules mean greater use could be made of Early Neutral Evaluation, writes Marie-Claire O'Hara

Litigation: When experts go wrong
Marie-Claire O'Hara and Michael Fallow report on a sorry tale from the Technology and Construction Court about when being an expert goes horribly wrong.

Management: Selling your services
Iain Miller deals with the question of what is permissible under the SRA's Handbook and the Legal Services Act 2007 for those local authorities looking to sell their services more widely.

Management: Shared services: key issues
LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.

Planning:
Retail planning conditions and the Trump case
A High Court judge has upheld a retail planning condition and examined the application of the Trump case in the Supreme Court. Douglas Edwards QC and Sarah Sackman look at the key issues.

Planning: Pooling contributions
Graham Cridland examines some of the issues around Regulation 123 of the Community Infrastructure Levy Regulations 2010.

Planning: How simple are Simplified Planning Zones?
Sheridan Treger examines why some local authorities promote Simplified Planning Zones and what this means for buyers and lenders of property.
 
Planning: Drafting enforcement notices
The High Court recently quashed an inspector’s decision to uphold an enforcement notice relating to the disposal of waste. Jack Parker explains the importance of the ruling.

Planning: The trials and tribulations of planning challenges
Antonia Murillo and Sara Wex look at planning statutory reviews and how they differ from judicial reviews

Procurement: The ESPD: what do you need to do?
The European Single Procurement Document came into force from 26 January 2016. Ruth Smith explains what it entails and the issues that remain unresolved.

Procurement: Conflicts of interest and procurements
A Court of Justice of the European Union ruling provides local authorities with some useful hints and tips for dealing with any conflicts that arise in their own procurement exercises. Carroll Dodd explains.
 
Projects: Sweating your assets
How can local authorities get more from their assets without selling off the family silver? Owen Willcox explains.

Projects: State aid - beware compound interest!
A recent case from the European Court of Justice (CJEU) serves as a useful reminder of the risks of getting state aid wrong and the consequences of a recovery order, writes Robert Prater.

Projects: Comparing project management methodologies
LexisPSL Public Law and Andy Cooke of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile. 

Property: Public law defences and sales of land
Amanda Eilledge explores the availability of public law defences and promissory estoppel in the context of a contract for the sale of land.

Property: Breaking point
The Supreme Court has put an end to the confusion over break clauses, apportionment and implying contractual terms. Martin McKeague and Emma Porritt look at the key lessons from the ruling.
 
Regulatory: Environmental damage: What does this really mean?
For the first time, the High Court has considered in detail the scope of the concept of "environmental damage" under the Environmental Liability Directive and its associated regulations. Emma Duffy and Rebecca Roffe report on the outcome.

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.
Name Price (ex-VAT)   Description
Housing: Key Developments in 2015 £25.00 Ranjit Bhose QC, Dean Underwood and Tara O’Leary present an update on key developments in housing law, focusing on recent changes to the right-to-buy regime, judicial alterations to allocations policies and welfare reforms.
Implementing the Care Act: Legal issues for local authoritie £25.00 This presentation looks at potential consequences of a number of key aspects of Care Act 2014 and outlines how local authorities can avoid or mitigate the potential issues it creates.
The Importance of Judicial Review £25.00 This presentation draws on legal and empirically based research on the use and effects of judicial review (JR) to consider why and how this process matters to local authorities and whether the process improves the quality of decision-making.
Achieving Better Ethics Across Public Service Provision £25.00 David Prince CBE, independent member of the Committee on Standards in Public Life, outlines his organisation's proposals for ensuring that outsourced providers of public services are subject to the same ethical standards as public sector organisations.
Procurement and State Aid Reforms – The Commercial Impact £25.00 This course investigates how the new procurement rules and changes to the state aid regime will practically affect local authorities investors in public service delivery, trade in services or generally act as a catalyst in economic development.

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