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JOBS OF THE WEEK:
Learn to REALLY listen with Richard Mullender
LexisNexis would like to invite you to a networking event for lawyers in the Public Sector. Our guest speaker will be Richard Mullender
, a former Lead Trainer at the National Hostage and Crisis Negotiation Unit, Scotland Yard. He will introduce you to listening skills that will help improve your ability to communicate and influence others, whomever you are dealing with.
Click here for further information
Council faces judicial review challenge over boycott of produce from West Bank settlements
Campaign group applies for permission to bring judicial review challenge over council’s decision to boycott produce originating from Israeli settlements in the West Bank
Judge quashes decision by Pickles refusing permission for gypsy site
High Court judge quashes decision by the former Communities Secretary to refuse planning permission for site where gypsy and his family have lived since 2008
Union plans Supreme Court appeal after latest setback on tribunal fees
Unison applies for permission to take its legal challenge to introduction of employment tribunal fees to Supreme Court, after Court of Appeal rejects union’s claims
North West council issues £150m bond to fund capital programme
First such deal involving authority outside London in 10 years. Borough council to spend bulk of money on town centre development scheme
Council to appoint external legal adviser for retail quarter deal
City council decides to appoint external legal services provider to support authority in agreeing deal with international commercial tenant proposing to take office space within high-profile retail quarter scheme. Contract for legal adviser estimated to be worth £450k
Care applications to Cafcass break new records in last four months
Number of care applications received by Cafcass in first four months of 2015/2016 well ahead of same period in previous years
Have you or your team applied for the Local Government Legal Awards 2015. Find out more here - the deadline for the first stage of the simplified application process is 11 September.
Housing provider Radian Group to set up legal panels worth up to £5m
Capsticks advises NHS bodies on £250m proton beam therapy project
APPLY TODAY (To see all roles on LGL, click here): The closing date for the following roles at Haringey is 30 August: Principal Lawyer - Contracts, Major Capital Projects and Employment; Senior Lawyer - Planning; Senior Lawyer - Social Care; Senior Lawyer - Regeneration; Senior Lawyer - Property; Lawyer - Social Care (x2); Legal Assistant; and Trainee Solicitor.
Other great roles:
MORE NEWS STORIES....
Councils' use of bailiffs rises by 16% in two years, claims report
Councils used bailiffs to recover unpaid debits more than 2.1 million times in the past year, according to new research by the Money Advice Trust, the charity that runs National Debtline.
Pubs and off-licences to lose licences if they employ illegal workers
Pubs, off-licences or late night takeaways that fail to comply with immigration laws or employ illegal workers could be stripped of their licence to operate, Immigration Minister announces
Blue Badge thefts more than double in 12 months, LGA says
Thefts of Blue Badges in England rose from 656 in 2013 to 1,756 in 2014, according to Local Government Association figures. Some 565 offenders prosecuted
Government consults on draft regulations implementing EU Concessions Directive
Cabinet Office and Crown Commercial Service consult on draft regulations for concessions contracts to see whether they implement new EU Concessions Directive effectively
London boroughs poised to win new powers to install signs and lighting
Boroughs in the capital will have new powers to install signs and lighting on business owners’ property once they formally adopt guidance issued by the London Councils organisation
See all of our most recent news stories
INTERIM JOBS: Senior Adult Care Lawyer (London), Childcare Advocacy Solicitor (Kent), Locum Major Projects Lawyer (London), Adult Social Care Lawyer (West Midlands), Commercial Contracts Lawyer (Yorkshire), Planning and HIghways Solicitor (East of England) and Commercial Contracts and EU Procurement Lawyer (South West) .
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New articles on Local Government Lawyer
Protecting the reputation of the council
Athelstane Aamodt considers attempts by local authorities to protect their reputation and analyses a recent European Court of Human Rights ruling.
Expert evidence about SEN
The Upper Tribunal has considered how the First-tier Tribunal should approach expert evidence about special educational needs and provision. Rachel Kamm analyses the ruling.
Commercial interests and FOIA
When it comes to commercial interests, where does the balance lie under the Freedom of Information Act? Helen Prandy looks at a recent First-Tier Tribunal ruling.
The right to be accompanied in investigatory meetings
The High Court has held that a university's refusal to allow an employee to be accompanied by a representative of a professional defence organisation at an investigation meeting was unfair and breached the implied term of trust and confidence. Helen Hughes reports.
Refusing a final offer of accommodation
When is a decision to refuse a final offer of accommodation under s193(7) Housing Act 1996 on grounds of psychological distress reasonable? Christi Scarborough reports.
The intentionally homeless
Alec Samuels draws together the key principles in relation to councils' duties towards the intentionally homeless. (On Public Law Today)
Selling Legal Services? Get your service noticed on
Local Government Lawyer and Public Law Today
We are pleased to announce the forthcoming launch of a new directory of local authority traded legal services, providing a cost- and time-efficient way for local authorities to profile their services to hundreds of potential public sector and other clients.
For details of how to advertise, please click here.
The latest blogs...
Fracking consent changes remain outside Planning Act for now by Angus Walker
This entry reports on three steps taken to speed up applications for fracking consents, falling short of bringing them explicitly within the Planning Act 2008 regime.
Want to be a book reviewer? Local Government Lawyer
is soon to launch a new online bookstore and we are looking for practitioners to review the latest legal titles as they are published. Instant fame (and free legal books) guaranteed. Please contact Derek Bedlow at firstname.lastname@example.org
or 0207 239 4917 with details of your areas of interest.
Been away? Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Deprivations of Liberty: "a complete impasse"?
reports on the latest twist in the Court of Protection and cases of deprivation of liberty in the community.
Adult Social Services: Mental capacity and deprivation of liberty: the Law Commission’s consultation paper
The Law Commission has published its eagerly-anticipated consultation paper on deprivations of liberty. Tim Spencer-Lane
, one of the team involved in the project, sets out the key proposals.
Children: Delayed judgments in child care cases
The Court of Appeal recently considered what action a court should take when the preparation and handing down of a judgment in a child welfare case has been very substantially delayed. Lynne Braby-Pavitt
Children: Child Protection and Data Protection
A High Court judge has ruled that a council's policy on retaining child protection records was lawful. Christopher Knight
analyses the judgment.
Community Safety: Gangbos and Article 6
examines a landmark decision on the compatibility of “Gangbos” with Article 6 of the Human Rights Act.
Education: A right to a student loan? (on Public Law Today)
The Supreme Court recently ruled on a challenge to statutory eligibility criteria brought by a woman denied a student loan because of her immigration status. David Hart QC
examines the judgment.
Education: School transport and indirect discrimination
, Trish D’Souza
and Emma Cullen
look at the lessons from a successful judicial review challenge against a council’s home to school transport policy.
Employment: Proof of indirect discrimination
When it comes to indirect discrimination, what does an individual need to prove? Jenny Marley
reports on a recent Court of Appeal ruling.
Employment: TUPE and sub-contracting – who is the client?
considers a recent ruling involving a local authority where the Employment Appeal Tribunal tackled the thorny issue of who is the client for the purpose of TUPE in a sub-contracting situation.
Governance: Protecting the statutory officers
A Weightmans survey reveals considerable uncertainty around new protection for statutory officers. Graeme Creer
and Mark Leach
report on the findings.
Governance: Election petitions and service
The Divisional Court has dismissed an election petition on grounds of defective service. Greg Callus
Healthcare: Local authorities and health services
The LexisPSL Local Government
team and Ros Ashcroft
examine local authority statutory functions with regard to the provision of health services.
Housing: Using the wrong tenancy agreement
The Court of Appeal has held that an agreement for an introductory tenancy, used in error, did not in fact grant an introductory tenancy, as the tenancy was precluded from being introductory by the Housing Act 1985. Jonathan Manning
and Sarah McKeown
Housing: Regaining entry after eviction
When can the Court compel social landlords to re-admit a tenant after a warrant of possession has been executed? Stefan Liberadzki
Housing: Secure tenancies and the 'no succession' rule
In a county court appeal, it was held that it is seriously arguable that the differential treatment afforded by s.88 of the Housing Act 1985, to persons who become sole tenants consequent upon divorce and those who become sole tenants consequent upon widowhood is not compatible with the European Convention on Human Rights. Professor Ian Loveland
Information Law: Whistleblowing - protected disclosures
The Employment Appeal Tribunal has considered whether an employer had acted fairly in dismissing an employee who made a disclosure to the Information Commissioner's Office without approval. Helen Hughes
analyses the case.
Licensing: Safeguarding vulnerable people through taxi licensing
, LLG's National Lead Licensing & Litigation Officer, sets out some of the work being in done in the North East in relation to safeguarding and taxi licensing.
Licensing: When can a licensing appeal be withdrawn?
examines the issues raised when a premises licence holder sought to withdraw an appeal after it had been remitted back to the licensing authority.
Litigation: Costs for judicial review
and Morayo Fagborun Bennett
set out key provisions in relation to costs for judicial review, covering protective costs orders (PCOs), interveners and costs capping.
Litigation: Claims over poorly installed cavity wall insulation
considers the issues for local authorities and housing associations arising out of mis-sold or poorly installed cavity wall insulation.
Management: Reviewing legal services expenditure
looks at the steps public sector bodies can take to get the most out of their spend on legal services.
Management: An alternative view
reports how he has been persuaded that local authority-owned alternative business structures might work in certain circumstances, although he is yet to be fully won over.
Planning: Lack of EIA not fatal to planning permission
The Supreme Court has handed down a major ruling in a case where there was a legal defect in the procedure leading to the grant of planning permission. Martin Goodall
analyses the judgment.
Planning: Affordable housing and small scale sites
The Planning Court has issued a key judgment on affordable housing requirements for small scale housing sites and vacant building credit. The practical implications are of immediate effect to developers’ negotiations, writes Jenny Wigley
Procurement: Buying social
analyses what just what can be done and what can’t be done in respect of ‘buying social’ and buying ‘local’.
Procurement: Giving reasons to unsuccessful bidders
Issues over debriefing and the giving of reasons were to the fore in the most recent procurement challenge by European Dynamics. David Hansom
looks at the lessons to be learned.
Procurement: The Supreme Court on material change
The Supreme Court has provided guidance on material change in procurement contracts. Patrick Parkin
and John Houlden
analyse the ruling.
Projects: Interim payment applications
When it comes to interim payment applications: be on time, be late, but don't be early. Louis Foscolo
and John Farrell
look at the lessons from a recent Technology and Construction Court ruling involving a local authority.
Projects: PFI ‘good faith’ obligations under scrutiny
The Technology and Construction Court has recently issued a ruling on a 'good faith' obligation contained in a PFI contract where a local authority was one of the parties. Leah Horn
examines the judgment.
Property: Public sector landlords, framework agreements and QLTAs
The Upper Tribunal has clarified whether councils and other public sector landlords can use framework agreements to appoint building contractors. Assad Maqbool
considers the significance of the ruling.
Property: Top 3 property litigation Q&As
The LexisPSL Local Government
service regularly publishes Q&As on property litigation. Here are three of the most popular.
Property: When is 'enough' legally enough?
looks at the application of s.9 of the Limitation Act 1980 to a belated High Court claim to force a local authority to refer a compulsory purchase compensation dispute to the Upper Tribunal.
Property: Listed building prosecutions: a practical guide
sets out the pitfalls that local planning authorities should avoid when bringing listed building prosecutions.
Regulatory: What the Tortoise taught us....
A recent Administrative Court ruling provides useful guidance on the duty of local authorities when they are alerted to possible unlawful activity, writes Nicholas Dobson
|The Importance of Judicial Review
||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
||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
||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.
|Procurement Masterclass - The Tyranny of the "Sausage Machine"
||Michael Bowsher QC provides a personal view of some of the problems that the process-focused approach to public procurement is creating, and suggests some ways that lawyers can help achieve some of the social benefits it was intended to provide.
|The New Governance Landscape
||This presentation looks at how local authority lawyers can accomodate rapidly changing local government structures and delivery models against a legislative backdrop designed for another era.
|Lessons for Scrutiny from Rotherham and Mid-Staffs
||This presentation looks at the role that scrutiny - or the lack of it - played in the problems that came to light in Mid-Staffordshire NHS Trust and Rotherham Council and looks at how the effective systems of scrutiny can be designed and encouraged to pr
|New Delivery Models: Managing Governance in a Diverse Landscape
||As the number of new, and proposed, models for the delivery of public services continue to multiply, this course looks at the governance issues they create and how local authority lawyers and senior managers can manage an increasingly diverse landscape.
|Top Local Government Cases 2014
||Leading public law barrister James Goudie QC outlines and analyses the most important judicial decisions of 2014 as they affect local authorities.
|The Care Act 2014
||As the implementation of the Care Act 2014 fast approaches, this presentation identifies and explains the key elements of the Act that local authority lawyers need to be aware of.
|Equality Act Defences
||This course looks at the defences and tactics available to public authorities when faced with claims based on the Equality Act 2010 and provides an overview of how to prevent claims arising in the first place through an examination of the case law.