High Court backs approach taken by district council in standards case
- Bromley: Senior Lawyers x2 - Children & Adult Team (£44,000 - £60,000).
- Southwark: Legal Assistant (£31,635-£37,629).
- South London Legal Partnership: Chief Legal Officer ( £68,805 - £72,795 + 10K supp)
- Warwickshire County Council: Solicitor (Childcare) (£40,178 - £45,534)
- Tri-Borough Shared Legal Services (Hammersmith and Fulham, Kensington and Chelsea and Westminster): Property Legal Officer x 2 (£31,635 - £35,607.
Decision taken by district council as principal authority over code of conduct breach by town councillor and sanctions it recommended – including requirement for training – was lawful, High Court judge rules
City heads to Supreme Court over council tax position where tenant moves out
Leeds to seek permission from Supreme Court to appeal key ruling over whether landlords are responsible for paying council tax on property when tenant has moved out before tenancy agreement has formally ended
Judge lambasts council and police for flaws in investigation and care case
Family Division judge strongly criticises council and police force for serious breaches of Human Rights Act, after two children were kept in care despite their mother not being charged with offence following her arrest
LLG invites applications for role of Deputy Vice President
Lawyers in Local Government calls for applications from full members for position of Deputy Vice President, with successful candidate set to become President in 2019
MUST-READ: 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.
CALLING ALL ADULT CARE LAWYERS: Local Government Lawyer is conducting research in association with LexisNexis: click here for more information (and be entered in a draw for £100 in John Lewis vouchers).
Cabinet Office clears NHS trust over conduct of legal services procurement
‘Mystery Shopper’ team accepts that NHS trust is running procurement for legal services in impartial manner, after supplier complained about process (ON PUBLIC LAW TODAY)
Law Society chief executive resigns over slow pace of governance reform
Catherine Dixon quits amid reports that she was unhappy at Law Society Council's decision to vote against and/or delay changes to governance
Welsh housing association names two councils to £500k legal services panel
North Wales housing association appoints two local authorities alongside four law firms to legal services framework agreement worth estimated £500,000 (ON PUBLIC LAW TODAY)
|APPLY TODAY - CLOSING DATES IMMINENT: sign up for the Public Law Jobs job alert:
PRIVATE PRACTICE OPPORTUNITY: BLM is looking to hire a NQ-2PQE Solicitor to join the public sector team in its Birmingham office.
- Spelthorne: Property Lawyer (to £37,322). Closing: 4 pm on 6 January (TODAY).
- Blackpool Council: Lawyer (Planning And Litigation) ( from £36,937). Closing: 11 January.
- Tower Hamlets: Deputy Team Leader - Legal Social Care (£48,690 - £51,555) to join its award-winning social care team. Closing: 15 January.
- Mid Kent Legal Services: Team Leader (Practice Area Lead) Planning (£40,265 – £45,289). Closing: 15 January.
- One Legal (shared service for Tewkesbury, Cheltenham and Gloucester City): Planning Advocate (£60,000); and Lawyer - Planning (to £42,474). Closing: 16 January.
- Croydon: SEND Tribunal Offcer (£43,380 - £45,213). Closing: 20 January.
LOCUM JOBS OF THE WEEK: Principal Commercial Solicitor (West Midlands) and Senior Contracts Lawyer (London).
Home Group to set up £4m legal panel for development work
Hempsons strengthens procurement team with Ramshaw hire
University names eight providers to £4m legal services panel
Law firm advises Newcastle City Council on Science Central deal
Department of Health to set up legal panel for pharma disputes
Bevan Brittan hires Director of Business Development & Marketing
West Midlands university names six firms to £4m legal panel
City appoints law firm to £225k contract as it bids to obtain DCO
South West housing association to set up £600k legal panel
MORE NEWS STORIES
Southwark to fight on after refusal of judicial review over CPO decision
London borough to pursue oral hearing after judge refuses on papers to grant permission for judicial review of Communities Secretary’s decision to turn down compulsory purchase of eight remaining properties in first phase of key regeneration project
High Court judge refuses judicial review of council merger decision
Judge refused on papers to give group of opposition councillors permission to bring judicial review challenge over decision to merge two local authorities in South West
LGO criticises council after woman left severely malnourished in care home
Local Government Ombudsman sharply criticises council and urges it to pay £4,000 after vulnerable dementia patient lost third of her body weight while living in care home it contracted to look after her
See all of our most recent news stories
MORE NEWS STORIES
Councillor to crowd fund action over plans for visitor centre near landmark
Independent councillor seeking to crowd fund judicial review challenge to City of York Council’s grant of planning permission for visitor centre next to Clifford’s Tower
Which? launches judicial review of trading standards over dryer issues
Consumer group launches judicial review proceedings against Peterborough Trading Standards over its handling of safety issues around Whirlpool tumble dryers
Government to back 17 'garden villages' and 'garden towns'
Department for Communities and Local Government announces ministerial backing for development of 14 new ‘garden villages’ and 3 ‘garden towns’
This week's analysis
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.
Grammar schools: back to the future?
Satnam Virdi reviews recent evelopments in relation to grammar schools, including the Government's latest proposals.
Local aid is not State aid
Bethan Lloyd examines how local authorities can provide local aid without falling foul of rules on state aid.
Age assessments and dental development
The Upper Tribunal has given general guidance on the use of evidence of dental development in age assessment cases. Joshua Swirsky explains the ruling.
Clarity and conduct
The RICS has issued a new edition of its dilapidations guidance note. Sarah Pope examines the key changes.
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.
The Court of Appeal on state imputability and 'private' deprivations of liberty
A local authority has successfully resisted a Court of Appeal challenge brought by the Justice Secretary in a state imputability case. Nageena Khalique QC explains the ruling.
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 explains why.
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.
Review of 2016 and marking of predictions - by Angus Walker
Government consults on new Environmental Assessment Regulations
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Who pays (No 2)?
looks at personal injury damages and after-care services under section 117 of the Mental Health Act 1983.
Adult Social Services: The meaning of 'ordinary residence'
LexisPSL Local Government
, in partnership with Jonathan Auburn
of 11KBW, discuss the meaning of and tests for ‘ordinary residence’
Adult Social Services: DoLS and public protection
Alex Ruck Keene
examines a judgment highlighting the tensions inherent in depriving someone of their liberty in reliance upon Schedule A1 where the primary reason is not to safeguard them against harm but the public against harm.
Adult Social Services: Participation of P
The Court of Protection team at 39 Essex Chambers and Nicola Mackintosh QC
examine a recent case on the participation of P in proceedings before the CoP.
Adult Social Services: CCTV and care packages
The use of CCTV in packages of care in the community represents a serious risk issue for commissioners, providers and care co-ordinators. Hannah Taylor
explains the key issues.
Adult Social Services: Private deprivations of liberty
This LexisPSL Local Government
article produced in partnership with Tim Spencer-Lane
considers the concept of 'private' deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights, involving people who lack the material decision-making capacity.
Children: Criticism of witnesses
A social worker and a police officer who were witnesses in child protection proceedings appealed after they were subject to criticism by the judge. Laura Briggs
reports on the outcome.
Children: Radicalisation and state intervention
examines a recent High Court ruling on parents’ extreme religiously motivated views and whether the state should intervene
Children: Data protection claims arising out of adoption
looks at the issues raised where a local authority faces a damage claim over the disclosure of confidential details about adopters.
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: Commencing proceedings and limitation
A recent decision serves as a timely reminder of the strict approach of the Court to the rules surrounding service of proceedings and limitation, writes Sharon Dysart
Dispute Resolution: Obvious risks and occupiers' duties
The Court of Appeal recently allowed an appeal by a local authority over an order that it should pay compensation to a claimant injured in a public park. David Williams
examines the case.
Dispute Resolution: Experts out of bounds
A recent public law children's case is a reminder of the need to be careful about over-dogmatic experts. The Court of Protection team at 39 Essex Chambers
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.
Education: The scrapping of the Education Bill
The Education Secretary's decision to drop proposed legislation that would have seen the academisation of all schools in England mirrors the new Government's approach to devolution, writes Frances Woodhead
Employment: Officers, relatives and apparent bias
A High Court judge has found decisions tainted by apparent bias where an officer’s husband worked for a rival developer. John Hunter
Employment: Reforms to IR35 for public sector engagers
and Ben Watson
examine the latest developments in relation to the intermediaries rules and the public sector.
Governance: Devolution and local growth: borrowing powers
There have been suggestions that next week's Autumn Statement may deliver greater flexibility for combined authorities when it comes to borrowing. Judith Barnes
looks at the benefits this would bring.
Governance: Council functions and the PSED
A court has for the first time explained how the split between a local authority’s executive functions and full council functions affects the discharge of the public sector equality duty and other procedural obligations.Christopher Knight
analyses the judgment.
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: 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.
Housing: The bedroom tax in the Supreme Court
The Supreme Court has handed down its much-anticipated ruling over the so-called 'bedroom tax' or 'spare room subsidy'. John Fitzsimons
analyses the outcome.
Housing: Accommodation offers and suitability
The Court of Appeal has recently concluded that a county court judge had failed to apply the guidance in Pieretti v Enfield LBC
. Iain Colville
and Stephanie Smith
Housing: Warrants for possession: guidance from the Senior Master
The Senior Master has issued a practice note on the approach that housing practitioners should be taking when applying to enforce warrants of possession, in light of Cardiff CC v Lee
. Elizabeth England
Housing: When is a house not a house?
reports on a recent prosecution of a landlord under a London Borough's selective licensing regime.
Housing: Long residence "of little consequence"
The Court of Appeal has handed down a ruling that will be welcomed by public sector landlords dealing with possession claims against 'failed successors', and cases involving public law defences based on failure to comply with policy, argue Ranjit Bhose QC
and Emma Dring
Housing: Housing benefit, exempt housing and ‘unreasonably high’ rent
What should housing benefit authorities consider when assessing whether eligible rent for 'exempt' housing is 'unreasonably high'? Jonathan Manning
and Sarah Salmon
report on a recent Court of Appeal ruling.
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.
Information Law: Stay ahead of data protection trends
It has been a busy year for anyone looking to stay on top of data protection and privacy law. What are the key risks and developments that public authorities should be keeping in mind going forward? Andrew Gallie
Information Law: Alternative remedies and the DPA
Public authority data controllers facing Data Protection Act claims in a judicial review will welcome a recent Court of Appeal ruling, writes Christopher Knight
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
Licensing: Fabric – a rollercoaster ride of a case
Well-known nightclub fabric recently managed to stay in business after settling its appeal against Islington Council's decision to revoke its premises licence. Paddy Whur
, who acted for fabric, sets out how.
Management: Better than ever
, head of EMLawShare, sets out the highlights from the legal services consortium's fifth conference.
Planning: Still defying the conventions? Planning and human rights in 2016
The Courts have just considered the first challenge to a neighbourhood planning on human rights grounds. The plan survived but the case served as a timely reminder of a body of law that has enduring relevance to planning, writes Sue Chadwick
Planning: Retail conditions and redevelopment
The Court of Appeal has rejected a legal challenge to a retail condition relating to the redevelopment of a town centre. James Maurici QC
Planning: Using planning conditions
examines a recent Government consultation on improving the use of planning conditions and looks at the Law Society’s response.
Planning: 50% affordable housing in London – really revolutionary?
and Tim Hellier
examine what the new Mayor’s aspiration for a target of 50% affordable housing in London means in practice for individual planning applications.
Planning: Heritage assets and the determination of planning applications
The Court of Appeal recently considered the weight that a decision maker should attach to the possible effect of a development on listed heritage assets in the overall determination process of a planning application. Gareth Pinwell
Planning: Neighbourhood plans and second homes
A judge has rejected a developer's challenge over provisions in a neighbourhood plan that sought to limit the number of second homes. Mark Lowe QC
and Jack Parker
report on the ruling.
Procurement: Trends in procurement
Procurement law continues to develop apace. David Hansom
and Robert Prater
highlight two significant cases over the past 12 months.
Procurement: Fat finger syndrome - demolished!
How should contracting authorities respond when tenders are submitted accidentally, say with the wrong information. Helen Prandy
considers a recent Scottish case.
Procurement: Are your contracts working for you?
provides some top tips on how local authorities can deliver better value through their contracts.
Procurement: Procurement challenges and damages as an adequate remedy
reports on the courts’ approaches to the lifting of automatic suspensions, following a challenge to the procurement of the UK perinatal mortality project.
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: The rise of the place shapers
Chris Plumley examines the resurgence in public sector real estate.
Property: CPO land referencing
Compulsory purchase order land referencing just got a whole load easier, writes Chris Skinner
Property: Managing property development by local authorities
sets out nine practical steps local authorities can take to successfully manage their property development.
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.
Transport & Highways: Statutory incompatibility and deemed dedication of highways
analyses the application of statutory incompatibility to deemed highway dedication following recent developments on such legal principle in a number of village green cases.
|Governance changes introduced by the Localism Act 2011
||This webinar looks at key elements of the Localism Act 2011 as they affect and reform the governance of local authorities, including the General Power of Competence, Standards, community empowerment, elected mayors and assets of community value.
|Delegation of Functions
||What problems can local authorities encounter with their schemes of delegation? And what to do if things go wrong? Matt Hutchings looks at the case law.
|Governance for Local Authorities
||This webinar provides an overview of the governance structures of local authorities, their legal underpinnings and the way that they function in practice.
|Brexit, Social Care and Housing
||This presentation looks at how the status of EEA nationals in the UK will be affected by the relationship the UK finally chooses with the bloc and how this will affect their entitlements to support and housing and the obligations owed by local authorities
|How will Brexit affect domestic planning and environmental law?
||This webinar assesses how planning and environmental law and related areas may be affected by the UK’s exit from the European Union.
|How will Brexit affect public procurement and state aid?
||This presentation looks at the possible effects on Procurement and State Aid law of the UK’s decision to leave the European Union, before, after and during the process of withdrawal.
|Local Government Law Update 2016
||Recorded in April 2016, leading barrister Richard Clayton QC outlines and analyses the key local government cases of the preceding 12 months across a range of disciplines. Includes a comprehensive downloadable paper.
|CIL and Planning Obligations
||This presentation considers the past, present and future of the Community Infrastructure Levy in the light of forthcoming reforms to the regime.
|Bringing Forward Development
||Will forthcoming changes to the NPPF, permitted development rights and the Housing and Development bill shift power towards or away from Local Planning Authorities?
|Old and New Means of Development
||This course looks at the various measures being introduced by the Housing and Planning Bill to make development happen beyond the conventional planning permission system.
|The LLG Competency Framework
||To assist local authority solicitors to comply with the new CPD regime, the Lawyers in Local Government group has produced a new competency framework. Helen McGrath, Development Officer for LLG, outlines the main features of the framework and explains how
|Neighbourhood Planning: A Legal Perspective
||John Pugh-Smith and Daniel Stedman Jones look at how lawyers can square the circle of greater localism in the planning system and the need for more housing and infrastructure development.
|Housing and Local Plans
||Peter Village QC and Rose Grogan analyse the key features of the Housing and Planning Bill and outline some of the problems and pitfalls created by Local Plans as identified by recent case law.
|Human Rights, the Equality Act and Social Housing
||This course looks at the arguments faced by public authorities and social landlords when faced with claims based on the Equality Act 2010 or the Human Rights Act 1998 and outlines some of the defences and tactics available to defend them.
|Social Housing Eligibility Update 2015
||This course looks at which groups of people subject to immigration control are and are not eligible for social housing in the light of changes to welfare and immigration rules and recent case law.
|Possession Claims Update 2015
||This presentation provides an update on new housing legislation, regulation and case law before going on to look at the issues faced by social landlords as the first flexible tenancies granted under the Localism Act 2011 begin to expire.
|Local Government Law Update 2015
||Recorded in April 2015, leading barrister Richard Clayton QC outlines and analyses the key local government cases of the preceding 12 months across a range of disciplines. Includes a comprehensive downloadable paper.
|The Commercial Council
||Michael Mousdale and Bradley Martin provide a practical and legal guide for council officers and lawyers looking to establish local authority trading companies.
|Information Law Update 2015
||Steve Wood, Head of Policy Delivery at Information Commissioner’s Office, outlines and discusses the implications of some of the key developments surrounding Freedom of Information, the Data Protection Act and the Environmental Information Regulations.
|FOI and Data Protection Update 2016
||This presentation reviews the main changes in the past 12 months in the fields of Freedom of Information and Data Protection, with an extended look at Monetary Penalty Notices and an overview of the latest developments in relation to property search charg