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JOBS OF THE WEEK:
Councils win battle over threshold on developments and s.106 agreements
Two local authorities win High Court challenge over Government proposals for threshold on size of developments beneath which planning authorities should not seek affordable housing contributions
Three councils in East of England to move to shared legal service in October
Green light for legal services as part of phase 1 of programme agreed by three local authorities
Councils face legal action over duties on placement of looked after children
National Association of Fostering Providers given permission to proceed with judicial review claim against three councils over their approach to placement of looked after children
Exotic pet society fails in legal action against council over cancelled event
Council defeats judicial review challenge over decision to warn racecourse owner of "substantial risk of unlawful activity" taking place at meeting of private breeders of reptiles and amphibians
Councils hail Department of Health change of heart over Care Act funding
West Berkshire and Wokingham, which launched judicial review challenge over amount of funding they were allocated for implementation of Care Act, welcome Department of Health’s reversal of its original decision
CIPFA and SOLACE consult on revised framework for good governance
Joint working group launches consultation on revised framework for delivering good governance in local government at time of reduced funding and increased collaboration
Council prosecutes sub-tenant as well as tenant in unlawful subletting case
Westminster has for first time in case of unlawful subletting successfully prosecuted sub-tenant as well as tenant for conspiracy to defraud
Judge rejects attack on decision to put neighbourhood plan to referendum
High Court judge rejects latest challenge from developer to council’s decision to put neighbourhood plan out to referendum
Wolverhampton City Council to appoint advisers to £8m legal services framework
Reviewing legal services expenditure
looks at the steps public sector bodies can take to get the most out of their spend on legal services.
To see all roles on LGL, click here.
MORE NEWS STORIES....
Council criticised over refusal of direct payments based on Working Time Regulations
Local authority admits wrongly using Working Time Regulations to refuse direct payments they assessed young man as needing, following investigation by Local Government Ombudsman
Government to end practice of ‘check off’ for paying union subs
Practice of ‘check off’ – where public sector workers who are union members have their subscriptions taken directly from their salary – to be abolished, ministers say
Campaigners seek judicial review of Lancashire decision on seismic monitoring
Lancashire County Council faces potential judicial review challenge over its decision to grant planning permission for seismic monitoring at fracking exploration site
County council defeats judicial review of decision to close museum
High Court judge rejects judicial review challenge brought by volunteer over county council’s decision to close museum
Government consults on devolving powers over Sunday trading rules
Local authorities and metro mayors could be given power to determine Sunday trading rules, under consultation launched this week
New powers promised for councils in crackdown on rogue landlords
Government to hand councils additional powers to tackle rogue landlords as part of package of measures that would also see landlords guilty of criminal offence if they fail to conduct ‘right to rent’ checks
See all of our most recent news stories
INTERIM JOBS: Interim Director of Governance (London), Senior Contracts and Procurement Lawyer (London), Senior Commercial Property Lawyer (West MIdlands), Contracts Lawyer - University (East Midlands) and Commercial Property Locum (Leicestershire).
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New articles on Local Government Lawyer
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.
Deprivations of Liberty: "a complete impasse"?
Ben Troke reports on the latest twist in the Court of Protection and cases of deprivation of liberty in the community.
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.
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.
Claims over poorly installed cavity wall insulation
Andrew Leakey considers the issues for local authorities and housing associations arising out of mis-sold or poorly installed cavity wall insulation.
Election petitions and service
The Divisional Court has dismissed an election petition on grounds of defective service. Greg Callus explains why.
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.
Data sharing between public bodies
A recent Advocate General's opinion stresses the need for public bodies to think carefully about authorisation for the transfer of data to other organisations, writes Christopher Knight.
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.
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.
CALLING ALL HEADS OF LEGAL: We are conducting a survey on the future of local authority legal departments. If you have not received a link to the questionnaire, please contact Derek Bedlow on 020 7239 4917 or by email.
The latest blogs...
PINS advice on post-application changes published by Angus Walker
This entry reports on the Planning Inspectorate's new advice note 16.
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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.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Settlement, integration and capacity
Issues of settlement and integration can be as relevant in Court of Protection cases as in family proceedings. The Court of Protection team at 39 Essex Chambers
review a Court of Appeal ruling on the issue.
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: Extensions of time and the merits of the appeal
The Court of Appeal has examined for the first time the issue – when considering an application to extend time for an appeal – of what regard a judge in a family case relating to children should have to the merits of the proposed appeal. Laura Vickers
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: The HE sector and the Prevent duty
analyses the Counter-Terrorism and Security Act 2015 and the Higher Education sector’s duty to prevent people from being drawn into terrorism.
Employment: The clampdown on severance payments
looks at how employers and employees should prepare for new government regulations on public sector severance payouts.
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.
Healthcare: Giving evidence in a criminal trial
Attending court as a witness to give evidence in a criminal trial can seem like a daunting prospect. Hannah Taylor
provides a practical steer for health and social care professionals so that they know what to expect and what they should be doing.
Housing: The absolute ground for possession - it works!
and Michael Owen
provide a case study on a housing association's successful use of the new Absolute Ground for Possession.
Housing: Possession proceedings and the best interests of children
Does section 11 of the Children Act 2004 require an authority to carry out an assessment of a child’s best interests before commencing a claim for possession of accommodation provided under Part 7 Housing Act 1996 where the authority’s duty to the tenant under Part 7 has come to an end? Toby Vanhegan
, Christopher Baker
and Sam Madge-Wyld
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.
Litigation: Putting a stop to harassment
The High Court recently granted a local authority, councillors and officers an injunction under the Protection from Harassment Act 1997. Felicity McMahon
examines the ruling.
Litigation: Costs in a public law context
The Supreme Court recently upheld an appeal over the award of costs to a council following a legal battle over cuts to youth services. Virginia Cooper
and Amy Tschobotko
look at the lessons to be learned.
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: Permission to speak freely?
reviews two recent court cases – including one involving an MP and a minister – where accusations of bias were made in relation to planning decisions.
Planning: Rural exception site housing
The High Court has quashed an inspector's grant of planning permission for rural exception site housing. Luke Wilcox
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: Student numbers and procurement
Will removal of the cap on student numbers affect universities’ status as ‘contracting authorities’? Jenny Beresford-Jones
Procurement: Do not pass go?
There have been a number of cases on the lifting of an automatic suspension of the award of a contract. Manish Soni
analyses a recent ruling.
Property: Assets of Community Value - how the regime works in practice
looks at Assets of Community Value under the Localism Act and analyses some of the problems and pitfalls.
Property: Listed building prosecutions: a practical guide
sets out the pitfalls that local planning authorities should avoid when bringing listed building prosecutions.
Property: The Control of Horses Act 2015
and Jake Murray
look at changes that will help local authorities and landowners to deal with fly-grazed horses.
|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.