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LOOKING FOR VARIETY AND CHALLENGE? The Royal Borough of Greenwich is hiring a Senior Planning Lawyer (to £47,511). Also recruiting:

Family President consults on reforms amid "unsustainable" volume of cases relating to children
Sir Andrew McFarlane launches consultation on reform in family courts, in bid to tackle what he said was “an unprecedented and, on current resources, unsustainable volume of cases relating to children”; consultation launched on back of report from public law working party with 57 recommendations
 
County council admits flawed practice of turning homeless children away, settles judicial review challenge: report
Essex County Council settles judicial review challenge brought on behalf of 16-year-old homeless child, admitting that it had operated unlawful practice of turning homeless children away from care in breach of section 20 of Children Act 1989; claimant’s challenge concerned Essex Young People’s Partnership, housing gateway
London borough wins Supreme Court battle over retail store and restrictions on use
Judges unanimously allow appeal by London Borough of Lambeth in dispute over whether use restrictions continued to apply to retail development
Supreme Court refuses to grant permission to appeal in row over major development and air quality
Panel of judges refuse two local residents in Canterbury permission to appeal in dispute over whether Communities Secretary was obliged to call in planning application for major development that might affect air quality
Court of Protection issues ruling in test case on appointment of personal welfare deputies
Mr Justice Hayden clarifies circumstances in which family members may become personal welfare deputies for people aged over 18, calling for Code of Practice under Mental Capacity Act 2005 to be revisited
Supreme Court to hear 'bedroom tax' dispute over ability of tribunals to disapply regulations to avoid human rights breaches
Supreme Court this week (3 July) hears appeal on whether social security tribunals have power or duty to calculate entitlement to housing benefit without making deductions for under-occupancy, where application of regulations would breach claimants' rights under Human Rights Act
Ombudsman urges council to check procedures when dealing with people with 'hidden disabilities'
Local Government & Social Care Ombudsman calls on councils to check their procedures to avoid disadvantaging people with ‘hidden disabilities’, following publication of three separate investigation reports into London councils
University conducted flawed disciplinary proceedings in removing MA student from social work over disapproval of homosexual acts: Court of Appeal
Sheffield University adopted position from outset of proceedings that was untenable; MA student was removed from social work course for fitness to practice reasons, after he expressed religions views on public social media platform disapproving of homosexual acts
Costs awarded against council after failed 'secondary ticketing' prosecution
Costs have been awarded against North Yorkshire County Council in case over prosecution of ticket resellers, despite judge saying she was reluctant to do so
Bevan Brittan boosts turnover and net profit by 4%+ for 2018-19 financial year
Managing partner of law firm says it has organically grown its revenue by 40% in last six years to £46m

MUST-READ: Appointing personal welfare deputies
David Rees QC analyses an important Court of Protection decision on the appointment of personal welfare deputies.
 
BOOK NOW: Anti-social Behaviour Seminar: Legal Powers and Best Practice - Frontline Resolution - 24 September. Including speakers from 4-5 Gray's Inn Square and Blake Morgan.

REACH FOR THE TOP: Rotherham is hiring: Assistant Director - Legal Services/Monitoring Officer (£87,791). Closing: 12 July. We have a number of other senior roles: BOOST YOUR CAREER:

One in three councils fear running out of funding for legal duties: LGA
One-third of councils fear they will run out of funding to provide their statutory services by 2022-23, Local Government Association warns before its annual conference
City council and Amey reach deal for contractor to exit highways PFI contract
Birmingham City Council and Amey agree settlement that will allow contractor to exit from £2.7bn Birmingham Highways PFI contract via reported £215m payment
Select committee backs plans to reduce burdens of competition rules on NHS
Collaboration, rather than competition, is best way forward for NHS and the wider health and care system, MPs on Health and Social Care Committee say, backing repeal of section 75 of Health and Social Care Act 2012; but leading QC warns more comprehensive approach needed
Council wins High Court battle over development and certificate of lawfulness
Borough council wins High Court challenge over planning inspector’s decision to allow appeal against local authority’s refusal of certificate of lawfulness of proposed use or development
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The Sheriffs OfficeHigh Court enforcement for local authorities
High Court enforcement services can be useful for local authorities in several circumstances. The Sheriff's Office outlines the main occasions when councils may need to use enforcement services and the procedures they will need to follow when they do (sponsored editorial).

Property consultancy fined £1.33m after prosecution by council over death of woman during 'Storm Doris'
Commercial property consultancy Cushman & Wakefield fined £1.3m after it was prosecuted by Wolverhampton City Council over death of 29-year-old woman in February 2017 near centre it managed
Local authorities to pilot recovery scheme for unpaid council tax
Group of 29 local authorities in England and Wales to take part in pilot scheme aimed at helping with recovery of unpaid council tax; councils will work with Department of Work and Pensions and Revenue and Customs to be first to use powers introduced by Digital Economy Act 2017
Regulator of Social Housing consults on changes to guidance on intervention and enforcement
Proposed updates reflect legislative changes, including introduction of Housing and Administration regime, Co-operative and Community Benefit Societies Act 2014 and move to standalone status for Regulator
Sharpe Pritchard advises London borough on regeneration project that will deliver nearly 3,000 homes
Law firm advises London Borough of Merton on regeneration project that will see nearly 3,000 new homes constructed
Public law specialist bolsters Family Group at 42 Bedford Row
Public law children specialist Alison Pryor joins Family Group at 42 Bedford Row from Church Court Chambers
See all of our most recent news stories
Boost your career: Home truths
What is it like to work as an in-house solicitor for a registered provider for social housing or housing association? Radian’s Scott Greenwood sets out the attraction and advantages, how the sector differs from private practice and how the transition can be made by those who may be considering a move.

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City council secures £350k in compensation for victims defrauded by local plumbing companies
Victims of two plumbing companies who defrauded their clients have been fully compensated for their financial losses, after Southampton City Council prosecuted individuals involved
FOI requests to 20 councils found more than half did not prosecute single letting agent over four-year period, landlords group claims
Local authorities are failing in their duty to prosecute rogue letting agents, National Landlords Association claims after its research found that more than half of 20 councils did not prosecute single letting agent from 2014/15 to 2017/18
Scottish housing associations to procure joint legal services panel
Two Scottish housing associations are jointly to procure legal services framework agreement for next three to five years
DPS Software revamps website to boost content for local government lawyers
Legal technology business re-launches its website with focus on adding value for lawyers in public sector
The Great Bundle Takeaway Debacle
On 4 April 2019 new rules came into effect for the removal of court bundles in what’s now earned the name of “The Great Bundle Takeaway Debacle.” The debate itself is notable for how little of it is focused on a digital solution...(Sponsored editorial)

Bevan Brittan boosts turnover and net profit by 4%+ for 2018-19 financial year
Public law specialist bolsters Family Group at 42 Bedford Row
Scottish housing associations to procure joint legal services panel
DPS Software revamps website to boost content for local government lawyers
Sharpe Pritchard advises London borough on regeneration project that will deliver nearly 3,000 homes
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LOCUM ROLES: Commercial Contracts Solicitor (Yorkshire), Property Lawyer (Northern Home Counties), Childcare Lawyer (West Midlands; outside IR35), Contracts & Procurement Lawyer (Essex), Childcare Lawyer (West Yorkshire) and General Litigation Paralegal (Sandwell), .

Tenant consultation and housing regeneration
Karl Edwards examines some of the issues local authorities face when consulting tenants as part of a regeneration scheme.



 
Unfair dismissal and re-engagement
A Court of Appeal ruling means a re-engagement order does not give an unfairly dismissed employee an actual right to be re-engaged, writes Clive Sheldon QC.
GDPR: one year on
What have we learned from the 12 months that the General Data Protection Regulation has been in force? Ibrahim Hasan reports.
NAI: who should be in the pool of perpetrators?
Tom Harrill considers a recent Court of Appeal ruling on who should be included in a pool of perpetrators.
Redevelopments and rating
The Upper Tribunal has clarified the law on rating of buildings undergoing redevelopment. Dan Kolinsky QC and Luke Wilcox analyse the ruling.
Applying for without notice injunctions
Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans.

Catch up on recent articles on Local Government Lawyer and Public Law Today:
Sex, social media and 'silos'
The Court of Appeal has handed down an important ruling on capacity to make decisions on using social media, on consent to sexual relations, and where to reside. The Court of Protection team at 39 Essex Street report on the judgment.
Liberty Protection Safeguards – a new frontier or further difficulties
The Mental Capacity (Amendment) Act 2019 received Royal Assent earlier this month. Matthew Angus and Amanda Mead examine its key provisions and how they will affect local authorities, health bodies and other organisations.
Capacity, pre-nuptial agreements and knowledge of your own assets
A recent Court of Protection ruling addressed the questions of capacity to marry, enter into a prenuptial agreement and also disclosure of the extent of assets managed by a property and affairs deputy. Alex Ruck-Keene analyses the judgment.
The High Court’s inherent jurisdiction for the protection of vulnerable adults
A recent ruling highlights the wide and largely unfettered nature of the power to grant injunctive relief under the High Court’s inherent jurisdiction for the protection of vulnerable adults and the difficulty surrounding the issue of how the balance should be struck between protection of a person on grounds of vulnerability and respect for their autonomy, writes Bethan Harris for LexisPSL Local Government.
Home truths
What is it like to work as an in-house solicitor for a registered provider for social housing or housing association? Radian’s Scott Greenwood sets out the attraction and advantages, how the sector differs from private practice and how the transition can be made by those who may be considering a move.
Special guardianship - interim guidance
Elisabeth Richards considers the recent interim guidance from the Family Justice Council on the management of special guardianship orders.
Impasse! Where the court and the local authority disagree on the care plan
The Court of Appeal has recently revisited the problem of where the court and the local authority disagree on the care plan. Rebecca Cross examines the judgments.
Home or away?
Katherine Illsley outlines how a local authority should approach the situation where a parent to be assessed for the purposes of public children care lives in another jurisdiction.
 
How should the courts approach cases with an ‘open’ pool of possible perpetrators?
Chris Stevenson, examines the Court of Appeal’s decision in Re B (children: uncertain perpetrator) to allow a father’s appeal against a Family Court judge’s finding that he was within a pool of possible perpetrators responsible for sexually transmitting gonorrhoea to three of his children (registration required).
Wish they weren't here?
Can a parent with parental responsibility object to their child, who is subject to an interim care order, being taken on holiday by their foster parents? This Q&A was written for LexisPSL Local Government.
Deprivation of liberty - the limits of the inherent jurisdiction
A High Court judge recently rejected the use of the court’s inherent jurisdiction to protect 17-year-old gang member. The Court of Protection team at 39 Essex Chambers explain why.
Safeguarding partners: are you ready for 29 June 2019
Judith Barnes issues a reminder to safeguarding partners that they need to have their new arrangements in place before the end of this month.
Assumption of responsibility – the new battle ground for social care cases
The Supreme Court decision in Poole Borough Council v GN & another addresses key legal principles in relation to when a local authority will owe a duty of care in negligence to children in its areas who are known or suspected to be suffering or at risk of harm. James Arrowsmith and Sarah Erwin-Jones seek to clarify the judgment and anticipate what it means for local authorities and other public bodies.
Abuse claims and redress schemes
Are redress schemes the answer to improving the way abuse claims are dealt with? David Maggs considers the issues.
Injunctions against 'persons unknown'
In a hotly anticipated appeal involving fracking protestors, the Court of Appeal has provided guidance on the highly topical subject of bringing injunctions against ‘persons unknown’. David Manda and Ruth Ormrod analyse its findings.
Education tribunals and costs
Does your risk management extend to costs which can be ordered by Education Tribunals? John Roberts considers the issues for education authorities.
Handling school admissions appeals
Are you ready for any admission appeals that come your way? Dai Durbridge shares his top tips on how to prepare.
EOTAS: an update
Thomas Amraoui analyses a recent Upper Tribunal ruling on how EOTAS (‘Education Otherwise Than At School’) operates under the Children and Families Act 2014.
Service models: the hazards of TUPE law
At a time when public sector employers are closely examining whether they have the right service models, Philip Woolham looks at the challenges of managing TUPE law.
No discrimination in shared parental leave appeals
The Court of Appeal ruled this week in the eagerly awaited appeals by men on shared parental leave who were paid less than women on maternity leave. Andrew Burns QC considers the lessons from the ruling.
Conversations about religion with patients
The Court of Appeal has rejected a nurse’s appeal against dismissal for improper conversations about religion with patients. Alessandra Gettins, Emma Rowley and Bridget Prosser explain why.
Community governance reviews and abolition of local councils
Two parish councils recently succeeded in a legal challenge to their proposed abolition. Chris Brown explains how one of the parishes did it and considers the lessons for public authorities arising from the case.
Court rejects implied duty to report change of address for council tax purposes
Samuel Genen, solicitor at Steel & Shamash, comments for LexisPSL on a Court of Appeal ruling that a failure to notify the local council of a change of address for the purpose of council tax did not constitute a criminal offence under the Fraud Act 2006. (Registration required)
NHS Trusts and apologies
The Care Quality Commission has fined a NHS Trust for failing to apologise. Jake Richards considers the lessons from the case.
Housing case law: June 2019
Daniel Skinner, Victoria Smith and Claire Hogan-Clark run the rule over the latest court rulings as well as two reports from the Local Government and Social Care Ombudsman. (This article first appeared in our housing law newsletter)
Public policy and the false statement possession ground
Andrew Lane examines what is involved where a social landlord wants to obtain possession on the basis of fraudulent misrepresentation by a tenant.
Beyond reasonable doubt: the use of experts in EPA 1990 prosecutions
Sarah Salmon reports on the lessons to be learned from a judgment regarding the use of experts in Environmental Protection Act 1990 prosecutions.
Non-housing benefits, shortfalls and affordability
Mathew McDermott looks at a Supreme Court judgment dealing with the approach to affordability under Part VII Housing Act 1996.
Tenant Fees Act 2019 - government guidance
The government recently published guidance on the Tenant Fees Act 2019 (TFA 2019). Robin Stewart and David Smith of Anthony Gold Solicitors look at some of the key questions relating to the guidance, including enforcement, penalties and some controversial aspects such as guidance pertaining to payment of damages.
GDPR and enforcement notices
Ibrahim Hasan examines the lessons to be learned from the first two GDPR enforcement notices.
Data protection and wider complaints or disputes
Andrew Gallie looks at how issues may arise in practice when data protection is used as part of a wider complaint, and suggests some pointers on how to respond.
Court finds judge in Uber licensing case was not biased
Philip Kolvin QC examines for LexisPSL the High Court’s decision in R (United Cabbies Group) v Westminster Magistrates’ Court to dismiss the claimant’s application for judicial review of a district judge’s grant of an operator’s licence for London private hire vehicles to the third interested party, Uber.
Judicial review proceedings and local authority costs
Following a recent High Court ruling, Butta Singh considers licensing policy, campaigners and the importance of local authorities being able to secure their costs in judicial review proceedings.
Selling local authority legal services
Tiffany Cloynes and Clare Hardy examine how local authorities can go about generating additional income by selling their legal services.
The consistency principle and quashed decisions
Does the consistency principle apply to a previously quashed decision? Andrew Parkinson considers a recent High Court ruling.
Caution for new, noise- sensitive developments
Recent case law highlights how the agent of change principle, in the revised National Planning Policy Framework, may be applied in challenging planning decisions. Gary Soloman outlines the key points from the cases.
Chickens**t EIA
The Court of Appeal recently quashed the grant of planning permission for a poultry-rearing facility on the basis of an incomplete and unlawful Environmental Impact Assessment. Simon Ricketts looks at the lessons from the judgment.
Appropriate assessment and People over Wind
A High Court judge has handed down an important ruling on use of discretion, the appropriate assessment regime and risk taking in s.106 obligations. Mark Lowe QC and Robin Green analyse the judgment.
Court of Appeal finds permissive housing policies can restrict development elsewhere
LexisPSL examines the Court of Appeal's dismissal of an appeal by developer Gladman against the decision of the High Court to quash planning permission granted on appeal for a residential development on a site not allocated for development, not on previously developed land, and outside the existing built-up area.
Abandoned procurements and legal challenges
A recent judgment dealt in detail with the implications of abandonment of a procurement and the effect of an abandonment decision on an existing claim. Deborah Ramshaw reports.
How to evaluate social value in public procurement
The concept of social value in public procurement is well known. However, despite its introduction in 2012, there is relatively little practical guidance on how to apply social value in procurement procedures.
Stephanie Rickard looks at recent government guidance on how social value should be taken into account in the award of contracts.
 
Bidders and conflicts of interest
The General Court of the European Courts of Justice has recently considered conflicts of interest at bidder level. Stephanie Rickard summarises the key points of the case.
Further reflections on Faraday
In the second in a two-part series, Trevor Watt looks at the Court of Appeal's approach in the Faraday case to VEAT notices and limitation periods.
Setting local authority companies up for success
Rob Hann provides some practical tips for local authorities setting up local authority companies.
New guidance on outsourcing and contracting with the private sector
The Outsourcing Playbook provides guidance on outsourcing and contracting with the private sector. Nat Avdiu looks at the different policies, and how they can be a useful tool for both central and local government professionals.
Costs and Telecommunications Code disputes
Matthew Lake looks at the implications for property owners of a significant Upper Tribunal costs ruling following a Telecommunications Code dispute.
Is the only way up?
Airspace development is a growing phenomenon as a practical solution to meeting the growing demand for new and affordable homes. Paul Olliff examines the key issues.
Restrictive covenants and the demolition of a development
A recent decision in the Court of Appeal has highlighted the willingness of the Courts to uphold the enforceability of restrictive covenants, irrespective of the apparent social value of any development constructed in breach of them. Claire Waring analyses the case.
The changing landscape of local authority Trading Standards prosecutions?
Richard Heller considers for LexisPSL Local Government the potential impact the case of Qualter and others v Crown Court at Preston [2019] could have on the way regional Trading Standards services investigate and prosecute criminal offences. (registration required)
The definition of "commercial practice"
A recent Divisional Court ruling on unfair commercial practices will be of significant interest to trading standards teams across the country, writes Tony Watkin.
Delivering freight solutions through planning
The National Infrastructure Commission (NIC) has published its recommendations to government for freight. Of interest to local authorities, landowners and developers, Elizabeth Dunn highlights the role planning will play in delivering them.
Leicestershire County Council
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South London Legal Partnership
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East Sussex Council
Solicitor - Child Law
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Northamptonshire County Council
Senior Lawyer and Deputy Monitoring Officer
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Hambleton District Council
Solicitor/Lawyer
Reigate & Banstead Borough Council
Reigate and Banstead Council
Property & Planning Lawyer
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Lawyer – Children’s Social Care & Safeguarding
Sefton Council
Sefton Metropolitan Borough Council
Senior Lawyer - Property and Planning
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Planning and Regulatory Solicitor
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Lawyer - Property and Commercial Property
Rotherham Metropolitan Borough Council
Rotherham Metropolitan Borough Council
Assistant Director - Legal Services/MO
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Legal Officer - Development
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Contracts & Procurement Solicitor - Part Time
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Litigation Lawyer
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