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NEWS HEADLINES

Appeal judges quash football stadium permission over failure to give reasons

Court of Appeal quashes council’s grant of planning permission for new football stadium over failure of its planning committee to give reasons for its decision

Judge finds council sold land at undervalue but refuses to quash decision
City council sold land on seafront in Whitstable to property developer for less than best consideration but case was not appropriate for quashing order, High Court judge rules

Tributes paid after death of practice director at nplaw shared legal service
Tributes have been paid following death of nplaw's Chris Skinner, one of the leading legal experts on compulsory purchase orders. Obituary: Christopher Frank Skinner
 

Council sees off challenge to registration of part of port as village green
Essex defeats challenge to its decision to register land that is part of Port of Mistley as town or village green

Care applications set to reach record levels in 2016/17
Number of care applications received by Cafcass looks set to reach record level for third year in row, it emerges

Attorney General selects 35 barristers for £2m+ C Panel
Attorney General names 35 barristers to his C Panel of junior counsel undertaking civil and EU work for government departments
MUST-READ: Assets of Community Value – is there any body there?
What exactly is an 'unincorporated body' for the purposes of the Assets of Community Value legislation? Simon Adamyk looks at the difficulties created by the wording and reviews the key tribunal decisions.

ADCS and Cafcass agree on ways social workers can collaborate
Association of Directors of Children’s Services and Cafcass strike agreement on how social workers in both local authorities and those acting as guardians in family proceedings can better work together during care proceedings and pre-proceedings

City council defeats judicial review challenge to grant of casino licence
Southampton successfully defends High Court challenge by gaming business over authority’s decision to grant large casino licence to rival company

Collective and individual failings to blame for £1.25m procurement payout
Permanent Secretary points finger at collective and individual failings that led Welsh Government to pay £1.25m in compensation to firm involved in procurement dispute

Worcester City Council announces return to committee system
Council publishes plans to replace its Leader and Cabinet governance model with new committee system, to be implemented in May subject to approval by full council

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GMC tenders for £1m in advocacy work before Tribunal
Bevan Brittan takes on three more apprentices
Scottish Water hires two firms for £2-3m legal debt recovery
Scottish transport body to set up legal services framework
CCS to set up £13m e-disclosure services framework agreement

MORE NEWS STORIES

Disrepair claims over English council properties rise 44% by five years
Number of disrepair claims brought by tenants against councils in England has increased 44% over ast five years, according to BBC research

Kent eyes becoming first council to set up local government academies
County council discussing option of setting up multi-academy trust with National Schools Commissioner, it is reported

DCLG consults on updating best value guidance over procurement boycotts
Department for Communities and Local Government to consult on proposals to update revised best value statutory guidance to cover procurement boycotts

Officials "exceeded powers" when barring demonstrators from entering court
Court officials exceeded their powers when they barred supporters of founder of the Fathers 4 Justice pressure group from entering Aldershot Magistrates Court

Court of Appeal issues new-style short judgment
Court of Appeal issues new-style ‘short judgment’ in immigration case, avoiding lengthy documents normally issued by courts

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MORE NEWS STORIES

Newcastle consults on transfer of parks and allotments to charitable trust
City council to consult on new funding, management and maintenance model for 33 of city’s parks and allotments

Changes to Social Work Bill urged as Munro attacks ‘innovation’ clauses
Pressure growing on Government to amend Children and Social Work Bill after influential academic withdrew support for its ‘innovation’ clauses

Repeat of Mid Staffs errors is ‘inevitable’, warns Sir Robert Francis
QC who carried out review of failures at Mid Staffs Hospital says similar collapse is ‘inevitable’ under current circumstances where some health trusts are accepting impossible performance targets

Brussels issues final warning to UK over air pollution limit breaches
European Commission issues final warning to UK over repeated breaches of air pollution limits for nitrogen dioxide

Ministry of Justice to press ahead with online conviction plans
Digital handling of some offences comes step closer following Government consultation
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This week's analysis

Serving s. 215 notices
The Court of Appeal has issued an important ruling on the service provisions in the Town and Country Planning Act 1990 and the Local Government Act 1972. Heather Sargent sets out the key issues.
 
A third way?
A recent Court of Justice of the European Union ruling suggests potential new avenues for public to public co-operation, write James Clayton and Mark Fitzgibbon.

Higher education claims
The Administrative Court has given general guidance on judicial review and Office for the Independent Adjudicator for Higher Education (OIA) complaints. Jonathan Auburn reports.
 
Should courts order vaccination against parents’ wishes?
The alleged risks attending on vaccination were outweighed by the benefits of immunisation by a clear margin, the Family Court has ruled following an application by a local authority. Rosalind English reports.
 
High Court says no dice
Philip Kolvin QC sets out why the High Court rejected a legal challenge to Southampton City Council's grant of a large casino licence.

The duty to make reasonable adjustments
Phil Allen considers what you can learn from the Supreme Court case of the wheelchair versus the buggy.

Don’t be a data protection fundamentalist
An Advocate General has called for a common sense approach to interpreting data protection law. Robin Hopkins examines the AG's opinion.
 
Risk assessment of schools and FOI
A council has successfully appealed an Information Commissioner's decision that it should disclose information on its risk assessment of schools. Claire Booth explains why.



BLOGSAngus Walker

What the Housing White Paper means for infrastructure - by Angus Walker
A long-awaited white paper on housing, Fixing our broken housing market, has been published. A bold title, considering that roughly the same party has been in power for getting on for seven years.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: Statutory charge and Article 8 damages
The Court of Protection team at 39 Essex Chambers examine a recent case that, although not a CoP one, is interesting and relevant for what is said about the legal aid statutory charge in a claim for damages for breach of Article 8 ECHR.

Adult Social Services: Dismissing or withdrawing?
The Court of Protection team at 39 Essex Chambers consider the first reported judgment to consider the new Rule 87A on obtaining the court's permission to withdraw proceedings.

Adult Social Services: When to commit
The Court of Appeal recently expressed deep concern at the jailing of a woman who refused to comply with a welfare order in relation to a man she moved to Portugal. The Court of Protection team at 39 Essex Chambers reports.

Adult Social Services: Applications to the Court of Protection and s.21A MCA
When is an application to the Court of Protection under s.21A of the Mental Capacity Act required? Baker J has answered this question and provided some practical guidance in a long-awaited judgment. Claire Leonard reports.

Children: Parental consent not required for section 20 accommodation
Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent? Jonathan Auburn looks at the Court of Appeal's answer to this question.

Children: S.20 and parental consent
A landmark Court of Appeal ruling permits local authorities to accommodate children under s. 20 of the Children Act without parental consent, writes Eirwen Pierrot.

Children: Honour-based violence and forced marriage in public law proceedings
Practitioners should be alert to issues that may arise in cases where honour-based violence is considered a risk by the local authority, particularly when forced marriage is considered to be a real possiblity, write Francis Wilkinson and Lauren Suding.

Children: Unaccompanied asylum-seeking children – the local authority conundrum
Ken Slade and Morris Hill examine local authorities’ statutory obligations around the complex and highly-sensitive issue of unaccompanied asylum-seeking children.

Children: Section 20 and accommodating children in need with their grandparents
The Court of Appeal recently considered the issue of whether local authorities are required to fund placements of children with relatives where the child’s parents are, for whatever reason, unable to look after them. Andrew Swarland reports.

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 reports.

Dispute Resolution: Settling public law claims
A recent High Court judgment on the settlement of public law claims and which party should pay costs is a victory for common sense, writes David Lintott.
 
Dispute Resolution: 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.

Education: Teacher misconduct
A High Court judge has overturned an indefinite teaching ban on a ‘superhead’ who channeled work to a company with which he was associated. James Goudie QC looks at the reasons why.

Education: Grammar schools: back to the future?
Satnam Virdi reviews recent evelopments in relation to grammar schools, including the Government's latest proposals.

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.

Employment: Pay grades and contractual rights
Claire Booth reports on a Court of Appeal ruling on whether a council employee had a contractual right to be paid whatever salary was attached to a particular grade in all circumstances.

Employment: Procedural failings and gross misconduct
Brian Gegg examines a recent Employment Appeal Tribunal ruling on the impact of procedural failings on the fairness of a dismissal for gross misconduct.

Employment: Disclosing information on TUPE-transferred staff
Can you be ordered to disclose information about staff who have TUPE transferred to another employer? Allison Cook reports on a recent Employment Appeal Tribunal ruling.

Employment: Discrimination arising from disability
A recent Employment Appeal Tribunal ruling in a case involving a school run by a city council should act as a warning for employers, writes Eleanor Boyd.

Governance: Public complaints—introducing the draft Public Service Ombudsman Bill
In this interview with LexisPSL Public Law, Ros Foster and Patrick O’Connell outline the draft Public Service Ombudsman Bill recently laid in Parliament, which aims to introduce a Public Service Ombudsman (PSO) with improved access, structure and powers.

Governance: An unprotected species?
Simon Goacher considers the recent legislative changes around local authority governance arrangements.

Governance: Defeating substantive legitimate expectation claims
In the second in a two-part series on substantive legitimate expectations, David Sykes analyses the courts' approach to judicial review challenges and examines how such claims can be defeated.

Governance: Promises, promises
In the first in a two-part series David Sykes analyses recent developments in relation to substantive legitimate expectations.

Health: Tackling bed blocking
With a hospital recently forced to obtain a court order to evict a patient, Kiran Bhogal, Emma Stockwell and Joanna Trewin consider the legal issues around bed blocking.

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: Homelessness decisions and the PSED
A recent Court of Appeal ruling on homelessness decisions and the public sector equality duty is a victory for substance over form, argue Kelvin Rutledge QC and Ryan Kohli.

Housing: 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.

Housing: Out of the Blue
Scott Greenwood 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.

Information Law: The right to data portability under GDPR
Ibrahim Hasan considers the new right to data portability under the GDPR and examines its impact on the public sector.

Information Law: GDPR and the role of the Data Protection Officer
The data protection officer is set to play a key role when the EU General Data Protection Regulaton comes into effect. Ibrahim Hasan explains why.

Information Law: 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.

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.

Licensing: 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.

Licensing: Shisha smoking – a hot topic
Anna Mathias 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 explains.

Planning: Air quality, habitats and alternative sites
The Court of Appeal has issued a ruling in an air quality and habitats challenge relating to Ashdown Forest. James Maurici QC explains the outcome.

Planning: Restrictive covenants and planning permission
Brendon Lee analyses the role of planning permissions in the removal of restrictive covenants.

Planning: Outline applications for planning permission
How wide is the scope of an outline application for planning permission? John Pugh-Smith looks at the issues.

Planning: Neighbourhood plans – here to stay
Martin Edwards provides an update on the growing significance of neighbourhood plans.

Planning: 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.

Procurement: Settlement agreements and the procurement rules
Daniel Milnes examines a Court of Justice of the European Union case on whether a settlement agreement can amount to a regulated modification of a contract.

Procurement: Insourcing: what do you need to know?
Mike Pierides and Caron Gosling look at the issues for local authorities considering bringing services back in-house.

Procurement: Engaging consultants for public contract specification
What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification? LexisPSL Public Law, in partnership with Peter Ware of Browne Jacobson LLP, explain.

Procurement: Procurement breaches changing the tender outcome
In this LexisPSL Public Law analysis, Fiona Scolding, barrister at Outer Temple Chambers, considers a recent case in relation to damages to be awarded on a procurement claim if the breach would have made a difference to the outcome of the tender.

Procurement: Termination clauses and the Public Contracts Regulations 2015
This LexisPSL Local Government article, produced in partnership with Mark Bassett of Dentons addresses the question of whether contracting authorities need to redraft their standard termination clauses for contracts subject to the Public Contracts Regulations 2015.

Procurement: Local aid is not State aid
Bethan Lloyd examines how local authorities can provide local aid without falling foul of rules on state aid.

Projects: Estate regeneration and the right to buy
A High Court judge recently dismissed a legal challenge over a Cabinet’s authorisation of the redevelopment of a large housing estate. James Goudie QC explains the ruling, including an important issue in relation to the Right to Buy.

Projects: Time for a review?
Alex Lawrence 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: Fresh points on Assets of Community Value
Christopher Cant examines the key learning points from the latest batch of rulings in relation to assets of community value.

Property: The cost of compulsorily acquiring land
How much does it cost a local authority to compulsorily acquire land? Chris Skinner explains in his latest article on CPOs.

Property: Using compulsory purchase powers to bring forward development on allocated sites
In the third article in a series on CPOs, Chris Skinner examines the use of compulsory purchase powers to bring forward development on allocated sites.

Property: Housing estate regeneration and CPOs
Chris Skinner examines the vital role for compulsory purchase in the regeneration of housing estates.
 
Property: CPOs and run-down listed buildings
Chris Skinner examines how effective use can be made of compulsory purchase orders to deal with run-down listed buildings.

Property: Clarity and conduct
The RICS has issued a new edition of its dilapidations guidance note. Sarah Pope examines the key changes.

Regulatory: Accidents and control of premises
James Buchanan 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.
 
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Contracts Commercial Officer



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Legal Executive (Litigation and Licensing) - Legal Services


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Property Paralegal


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Head of Legal Services


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Principal Legal Assistant - 12 month fixed-term contract

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