Courts must prepare for significant increase in care cases, says top judge
Family courts must plan on basis that there will continue to be significant increases in care cases, President of Family Division warns
Council wins permission to take ‘garden-grabbing’ case to Court of Appeal
Borough council obtains permission from Court of Appeal to appeal High Court ruling in what is billed as key case on ‘garden grabbing’
Former councillor jailed for supplying false information ahead of election
Ex-councillor jailed for two months after pleading guilty to supplying false information to electoral registration officer
Strip club to go to court to challenge licence renewal refusal
A Leicester strip club is to go to a magistrates’ court to challenge the city council’s refusal to renew its licence.
MUST-READ FOR CHILD CARE LAWYERS: How to draft a local authority threshold document in care proceedings
LexisPSL Local Government
in partnership with Tim Earl,
Solicitor to the Council and Head of Legal Services of Suffolk County Council, explains how to draft a local authority threshold document in care proceedings.
Council to pay two-thirds of £2m settlement for swimming pool accident
Litigation over swimming pool accident in 2000 finally ends with Essex County Council agreeing to pay share of £2m settlement
Law Society slams plans on disclosure of third party contributors in JR cases
Chancery Lane hits out at Government proposals for disclosure of financial information pertaining to third party funding of judicial review challenges
Plaid Cymru to seek judicial review of housing association merger
Party warns it will seek judicial review of housing association merger in bid to thwart decision by shareholders of Tai Cantref to combine with Wales & West Housing
University in North West to re-procure £1.2m legal services panel
Gangmasters Licensing Authority to set up first legal panel
42 Bedford Row adds two barristers to public law children team
Forestry Commission awards £2m contract to Eversheds
District appoints firm to advise on trading company
MORE NEWS STORIES....
Business rates reforms "will remove ability to appeal" against bills
New three-stage business rates appeal system will all but remove ability to appeal against rating bills, property firm claims
Councils treble number of successful Blue Badge prosecutions in five years
Local authorities successfully brought 985 prosecutions for Blue Badge fraud in 2015, three times number (330) five years ago, LGA says
Continual reforms leave planners without powers they need: RTPI
Continual changes in planning system have left planners without powers they need to drive public sector-led development, Royal Town Planning Institute warns
Council to consult over day centre closure after users call in lawyers
County council to consult public over future of Newmarket Hub day centre after users instructed law firm Irwin Mitchell to investigate its decision to close facility
District council purchases solar farm for income stream
Forest Heath buys what will be UK’s largest local authority owned solar farm in £14.5m deal
See all of our most recent news stories
Analysis on Local Government Lawyer
Planning appeal costs awards
What are the recoverable costs of a self-represented party in a planning appeal? Brendon Lee explains.
Pilot schemes in the Court of Protection
Vivienne Sedgley and Lee Parkhill summarise the key points for two pilot schemes commencing in the Court of Protection next month.
A judge has issued a warning to contracting authorities who might be tempted to minimise the amount of paperwork they keep particularly where they fear that a high profile procurement exercise might be challenged. Helen Prandy reports.
The chickens come home to roost?
Peter Hill examines the headaches for local authorities arising out of Lender Option Borrower Option (LOBO) loans.
Superior landlords and consultation
The Upper Tribunal recently considered the extent of consultation a superior landlord must carry out if intending to carry out works or enter a qualifying long term agreement. Jonathan Upton sets out the key findings.
Are minor variations working?
Andy Woods looks at the process for varying a premises licence by way of a minor variation.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: State imputability, families and deputies
In a judgment from a case heard prior to the decision in Re SRK
but delivered afterwards (without referring to it) Senior Judge Lush has weighed into the debates about state imputability in the context of Article 5. Alex Ruck Keene
analyses the judgment.
Adult Social Services: Accommodation under the Care Act and the General Power of Competence
A High Court judge recently considered issues around the Care Act and the General Power of Competence. David Owens
, Judith Barnes
and Trevor Watt
question the ruling.
Adult Social Services: The Care Act, the need for 'care and support' and accommodation
considers a recent High Court ruling on accommodation and the need for 'care and support' under the Care Act.
Children: The pre-proceedings process
LexisPSL Local Government
in partnership with Joy Hopkinson
of London Borough of Lambeth Council explains the pre-proceeding process under the Public Law Outline (PLO) reforms to care proceedings.
Children: Reporting child abuse
The Government has recently launched a consultation on new duties to report or act on child abuse and neglect. Peter Wake
and Ken Slade
look at the key points for local authorities.
Children: Court judgments and the Ellie Butler case
The Court of Appeal recently ordered the release of a court judgment in proceedings relating to the sibling of Ellie Butler. David Hart QC
looks at its reasoning.
Children: The 'Named Persons' Scheme – when protecting wellbeing is totalitarian
The Supreme Court last week allowed an appeal over the Scottish Government's controversial 'Named Persons' scheme for the wellbeing of children. Allan Norman
Children: Support for NRPF families
The Court of Appeal has considered a number of issues around families designated as having no right of recourse to public funds but still supported under section 17 of the Children Act. Jonathan Auburn
Education: Schools, sport and the duty of care
A recent Northern Ireland case provided guidance on, and a useful review of the case law in England and Wales relating to, the duty of care owed by a school to its pupils when participating in sport, write Bruce Ralston
and Richard Rowe
Education: Checks on academy governors
Katie Michelon sets out the safeguarding checks that academies are required to carry out on their governors.
Education: Term time holidays – what you need to know!
In the aftermath of the High Court's recent ruling, where are we when it comes to prosecutions for failing to ensure regular attendance at school? Richard Freeth
Education: Education, health and care plans
LexisPSL Local Government
, in partnership with Anita Chopra
and Chris Barnett
of Match Solicitors set out a checklist for moving children from statements to the new regime of education, health and care plans.
Employment: Flexible working and indirect discrimination
reports on a recent Employment Appeal Tribunal case involving a claim of indirect sex discrimination brought by a teacher at a school for children with special educational needs.
Employment: Disclosing safeguarding risks
A recent Court of Appeal ruling on whether the dismissal of a head teacher for failing to disclose a potential safeguarding risk was fair will be of interest to schools, local authorities and other bodies concerned with safeguarding issues, writes Morris Hill
Governance: Austerity budgets, cuts to statutory services and reports to members
In an age of austerity budgets, Paul Feild
sets out the learning points following a recent High Court case involving cuts to funding of short breaks for disabled children.
Governance: Consultation in austerity 2016: a practical guide
of Thurrock Borough Council provides a practical note on consultation procedure for local government practitioners and gives advice on how to carry out consultation which should be resilient to challenge.
Healthcare: Serious untoward incidents
considers some of the lessons that can be learned from the Southern Health case.
Healthcare: Super partnerships
Housing: Unlawful profit orders
Ross Clark looks at the rise of GP 'super partnerships', the benefits they bring and the legal issues that need addressing.
There have been substantial gains recovered by social landlords through the unlawful profit orders regime. Kuljit Bhogal
provides a helpful review of their place in the sub-letting work of such landlords.
Housing: Housing applicants and unacceptable behaviour
analyses a recent Administrative Court decision on a council's practice of disqualifying applicants guilty of unacceptable behaviour.
Housing: Eviction for growing cannabis
The Court of Appeal has clarified when it is reasonable to evict a tenant guilty of growing cannabis. Thomas Djan-Krofa
reports on the court's ruling and its guidance on suspended possession orders.
Housing: Housing allocations, priority points and minimum thresholds
A High Court judge recently analysed a London borough's use of a minimum threshold of priority points in its bid to manage demand for housing. Christopher Baker
and Richard Granby
explain the ruling.
Information Law: Public authorities and surveillance
The Office of Surveillance Commissioners has published its annual report. Steve Morris
sets out the key issues for public authorities.
Licensing: Licensing fees and enforcement activity
Councils and other local authorities could face substantial bills for unlawful licensing fees if an Advocate-General’s opinion is followed by the European Court of Justice. Virginia Cooper
Licensing: Illegal workers and premises licences
Does being caught with illegal workers necessarily mean that a premises licence will be revoked on review? Paddy Whur
Licensing: Licensing Act 2003 appeals: is JR available if time is short?
Can judicial review be used to get a quicker decision than appealing to the Magistrates’ Court in a Licencing Act 2003 case? What are the obligations on a sub-committee in terms of reading supporting documentation? Josef Cannon
Litigation: Proof of fraud and unravelling settlements
The Supreme Court has ruled that proof of fraud previously suspected can unravel the finality of a settlement. David Williams
, Andrew Parker
and Catherine Burt
analyse the judgment.
Litigation: Costs in abuse claims
Abuse cases need to be dealt with sensitively and compassionately but both parties still need to ensure that costs are proportionate. Laura Broadhead reports on a recent ruling.
Litigation: County Court "costs only" appeals
reports on three cases in which applications for permission to appeal against a costs order were heard together by the Court of Appeal to establish the correct destination of such appeals.
Planning: Amendment of permitted development prior approval conditions
A recent case opens the door for any developers unhappy with the conditions imposed on any permitted development rights prior approval decision to apply for their variation or removal. Caroline Waller
and Laura Urch
Planning: The scope of the 'Murfitt' principle
The Court of Appeal has given guidance on the scope of the ‘Murfitt’ principle. Saira Kabir Sheikh QC
and Ned Westaway
explain the ruling.
Planning: The Crown Jewels Footnote
analyses an important High Court ruling on the operation of paragraph 14 of the National Planning Policy Framework (NPPF).
Procurement: Penny wise and pound foolish
examines the issues raised when procurement claimants seek to avoid paying large court fees for bringing proceedings.
Procurement: Voluntary transparency notices
Is a voluntary transparency notice published in the OJEU? How in practice is this distinguished from the OJEU notices that are published in advance of a procurement process? The LexisPSL Public Law
Procurement: Reservation of public contracts
What is the interrelationship between regulations 20 and 77 of the Public Contract Regulations 2015? The LexisPSL Public Law
team analyse the reservation of public contracts.
Procurement: Introduction to concession contracts procurement
LexisPSL Local Government
in partnership with Walker Morris
explain the new process for concession contracts procurement by contracting authorities and utilities under the Concession Contracts Regulations 2016, SI 2016/273.
Procurement: Open book contract management
The Government has issued a policy note on the use of open book contract management. Louise Bennett explains what is involved.
Procurement: Competitive dialogue for local authorities: basic principles
Having been involved in six Competitive Dialogues including the Kent County Council Back Office Procurement, Adeola Sonola
draws on her experience and examines the issues involved in a CD process, giving practical tips on how to ensure a successful outcome.
Projects: State aid anyone?
What does the EU referendum result mean for state aid? Paul McDermott
and Rebecca Rees
Property: Pubs as Assets of Community Value
Battles have raged over attempts to convert Assets of Community Value-listed public houses to dwellings. Christopher Cant
reviews the key rulings.
Property: The Supreme Court on disrepair
The Supreme Court recently reversed a disrepair decision where a tenant in a block of flats tripped on an uneven paving stone as he was taking out his rubbish. Angela Piears
Property: How can a right of way be simultaneously continuous and non-continuous?
A recent Court of Appeal case concerning claimed rights of way over the defendant’s land raises some nice points in respect of easements, writes Peter Petts.
Property: Lease termination – The devil in the dilapidations detail
Dilapidations disputes are no new creation. Yet so often we find that creative arguments advanced by either party cause these disputes to run their course and end up before our Courts – incurring significant cost for both parties which often outweighs the value of the claim write Amy Rudrum and Aaron Macauley
Property: The Upper Tribunal on Ft-T Rule 13 costs
The Upper Tribunal has released a long awaited decision on Ft-T Rule 13 costs, Hardwicke
Property: Further development of the Asset of Community Value regime
reviews the latest judgments on the application of the Assets of Community Value regime.
Property: How to surrender a lease
It is not always clear whether or when a lease has been surrendered by operation of law. Actions, rather than words, matter, so it is crucial for both landlords and tenants to realise the implications of their conduct, writes Elizabeth Thompson
Regulatory: Models of building control provision
discusses legal issues related to alternative models of building control provision.
Transport: What now for trust ports?
examines the key findings and recommendations from the Department for Transport’s trust port study.
|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
|Social Housing Fraud
||This presentation identifies the main types of social housing fraud committed, the remedies available to tackle it and provides guidance on which are most suitable for particular types of fraud.
|Governance and Monitoring
||This presentation focuses on four topical areas of local authority governance: employee surveillance (including on social media), decision-making (pecuniary interests, bias, and committee make-up), whistleblowing and the counter-terrorism Prevent duty.
|Managing Cuts Lawfully
||This presentation looks at how legal challenges to decisions resulting from budget cuts can be avoided, mitigated and defended, focusing on the two grounds of challenge which appear most frequently unlawful consultation and breach of the PSED.
|Homelessness Update: Vulnerability and Intentionality
||This presentation highlights and analyses the landmark decisions of the Supreme Court in determining “vulnerability” under the Housing Act 1996 and whether somebody has made themselves intentionally homeless.
|The Anti-Social Behaviour, Crime and Policing Act : One Year On
||A little over a year on from its implementation, this presentation looks at the effect of the Anti-Social Behaviour, Crime and Policing Act 2014. This short presentation focuses on the use of the new civil injunction powers and Criminal Behaviour Orders (
|Housing: Key Developments in 2015
||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
||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.