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Lincoln succeeds in first prosecutions for breaching 'legal highs' ban
City of Lincoln Council this month successfully brings first prosecutions for breaches of ‘legal highs’ ban contained in landmark Public Space Protection Order it introduced in April, as Lambeth becomes first London borough to approve ban
Applications process opens for Local Government Legal Awards 2015
Starting gun has been fired on applications for the Local Government Legal Awards 2015, with a simplified process for making submissions
Public sector landlords can use framework agreements: Upper Tribunal
Councils and other public sector landlords can use framework agreements to appoint building contractors, Upper Tribunal rules
Treasury consults on proposed £95k public sector exit payment cap
Consultation sets out types of payment that will be covered by cap - payments made following litigation for breach of contract or unfair dismissal to be excluded
Judge awards damages and not award of contract after flawed tender
High Court judge decides that council which ran “fundamentally flawed” tender evaluation process should be required to pay claimant damages rather award it the contract
London borough defeats High Court challenge to basement policy
Royal Borough of Kensington & Chelsea fights off High Court challenge to its revised basement policy
Policy of council on retaining child protection records was lawful: High Court
Judge says it was lawful for local authority to have policy of retaining child protection records for period of 35 years after case has been closed
Stuart takes top legal role at Peterborough City Council
TLT strengthens social housing team with double partner hire
Wales Audit Office names four firms to legal advice panels
Reviewing legal services expenditure
looks at the steps public sector bodies can take to get the most out of their spend on legal services.
CLOSING DATES APPROACHING: Don't miss out on the following roles:
To see all roles on LGL, click here.
MORE NEWS STORIES....
Birmingham man jailed for six weeks after breaching ASB injunction
Defendant who breached anti-social behaviour injunction on number of occasions sentenced to six weeks in custody
Wildlife charity loses High Court battle over impact of development on bats
Charity fails in High Court challenge to district council’s grant of outline planning permission for 230-home development over impact of proposed scheme on large and rare type of bat
Judge refuses council permission to appeal decision on sculpture
High Court judge refuses London Borough of Bromley permission to appeal in its battle with London Borough of Tower Hamlets over ownership of Henry Moore sculpture
County council defeats second High Court challenge to plans for libraries
Lincolnshire County Council sees off second High Court challenge over its controversial plans for libraries services
Defendant who ran illegal poker den ordered to pay £50k
First man in the UK to be jailed for money laundering in connection with running of an illegal poker den ordered to pay £50,000
Cuadrilla to appeal refusals of planning applications for shale gas sites
Energy company Cuadrilla to appeal decisions by Development Control Committee at Lancashire County Council in June to refuse planning consent for two applications for temporary shale gas exploration sites
See all of our most recent news stories
INTERIM JOBS: Senior Residential Property Locum - Local Authority (West Midlands); Senior Planning & Litigation Lawyer (South East); Property & Litigation Solicitor (East of England); Education Lawyer (South East) and Practice Manager (Southern Home Counties).
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New articles on Local Government Lawyer
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.
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.
TUPE and sub-contracting – who is the client?
Graham Richardson 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.
The absolute ground for possession - it works!
Chris Grose and Michael Owen provide a case study on a housing association's successful use of the new Absolute Ground for Possession.
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.
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.
Safeguarding vulnerable people through taxi licensing
Tim Briton, 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.
Bill Bullivant analyses what just what can be done and what can’t be done in respect of ‘buying social’ and buying ‘local’.
An alternative view
Sam McGinty 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.
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.
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...
Two power stations consented on the same day by Angus Walker
This entry reports on the latest decisions on nationally significant infrastructure projects.
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.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Liberty and the home
considers recent judgments on how protection against a deprivation of liberty can interfere with the right to live at home.
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: Going for broke
Is there an alternative to adoption? Mark Roscoe
considers options for placement which leave the door open to ongoing child/parent relationships and possible reunification.
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: Employees smelling of alcohol
The Employment Tribunal has found that an NHS trust's dismissal of a healthcare assistant after he attended work smelling of alcohol and subsequently refused to attend a follow-up Occupational Health appointment was unfair. Helen Hughes
examines the case.
Governance: The summer 2015 budget and local government
For local government, the summer 2015 budget contained few immediate surprises but the full impact is likely to be revealed as the autumn spending review progresses, write James Hawkins
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: Disaggregation and housing land supply
An inspector has upheld a disaggregated approach to housing land supply and neighbourhood plan policies in dismissing a planning appeal. Tom Cosgrove
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: Cumulative impact policies
analyses Norwich City Council’s decision to introduce a Cumulative Impact Policy.
Litigation: Privilege and paying for care
The Court of Protection team at 39 Essex Chambers
examine a case where a local authority sought disclosure of documents from a solicitors’ firm in a case of suspected ‘sharp practice’ over payment for care.
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: Brand and the State Aid connection
explores some of the fascinating arguments on the alleged ‘brand’ of a public body benefitting its trading arm in a State aid complaint.
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.