Supreme Court to hear key case on liability of councils for foster care abuse
Court of Appeal had previously concluded that local authorities do not owe child in such care a non-delegable duty, and that local authority cannot be held vicariously liable for wrongful actions of foster parents
Ombudsman warns on financial appointee role after council to repay £12k
Local authority agrees to repay nearly £12,000 to disabled woman for whom it was acting as financial appointee, following investigation by Local Government Ombudsman
Judicial review action ended after deal struck over electric car racing series
Challenge to Wandsworth Council’s decision to allow Battersea Park to be used for electric car racing series withdrawn after agreement reached for it to be last year it is held there
Council consents to quashing of permission affecting site of famous club
London Borough of Lambeth agrees that planning permission for redevelopment of site of well-known nightclub in Brixton should be quashed. Council accepted it failed to consider emerging Local Plan, adopted a week later, which recognised importance of protecting night-time economy
Council secures conviction of shopkeeper for sales below minimum price
Gateshead shopkeeper prosecuted for selling alcohol below minimum price in what is thought to be first case of its kind under Licensing Act 2003
Law Commission commits to scrapping DoLS but will urge less wide alternative
The problems with the Deprivation of Liberty Safeguards (DoLS) can be resolved only by their wholesale replacement and responsibility for establishing case for deprivation of liberty should be shifted onto commissioning bodies such as the NHS or local authority, Law Commission says in interim statement
MUST READ FOR ADULT CARE LAWYERS: State imputability
A ruling this week by the Deputy President of the Court of Protection imposes more obligations on local authorities, financial deputies and the courts, writes Nageena Khalique QC
Sir Terence Etherton to become next Master of the Rolls
Chancellor of High Court chosen as next Master of the Rolls and will take up position in October this year when Lord Dyson retires
Council appeals in row over HMOs and bedroom sizes
Nottingham City Council applies to Court of Appeal for permission to appeal after Upper Tribunal dismisses its challenge to terms of Houses in Multiple Occupation (HMO) licences that restricted occupation of certain bedrooms to particular type of occupier
Investigation by police and council sees restaurant owner jailed
Joint investigation by police and North Yorkshire Trading Standards officers leads to restaurant owner being found guilty of manslaughter, after death of man with severe peanut allergy sold ‘nut-free’ takeaway
MPs to hold inquiry into imposition of commissioners on councils
Communities and Local Government Committee to hold an inquiry into imposition of commissioners on Tower Hamlets and Rotherham councils
Environment Agency secures its first Criminal Behaviour Order
Environment Agency obtains its first Criminal Behaviour Order, for five years against self-employed builder who dumped illegal waste in field in Somerset on numerous occasions
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Housing group to set up £3.5m legal services panel
City to hire legal adviser for life sciences campus scheme
Cardiff to procure £333k panel for liability litigation services
Government to create £50m panel for specialist rail legal services
Housing provider awards ABS legal services contract to Muckle
MORE NEWS STORIES....
Permission hearing nears as campaigners take action over seafront land sale
Oral hearing to take place in High Court next month of application by campaigners for permission to bring judicial review challenge over decision by council to sell land near seafront in Whitstable
Case for ban on fee recovery by McKenzie Friends not made, say regulators
The case for total ban on fee charging by McKenzie Friends has not been made, Legal Services Board says in response to Judicial Executive Board consultation. Solicitors Regulation Authority also "unconvinced" by proposal
Birmingham confirms plan to establish voluntary trust for children's services
City council confirms that it intends to move to new model of children’s services by establishing voluntary trust
Government issues procurement policy on applying open book contract management
Crown Commercial Service issues procurement policy note setting out obligations of contracting authorities when applying open book contract management to public contracts
See all of our most recent news stories
New articles on Local Government Lawyer
Changing Development Consent Orders
Following the decision of the Energy Secretary to make a non-material amendment to the East Anglia ONE offshore windfarm development consent order, Hereward Phillpott QC and Isabella Tafur consider the procedure for making changes to DCOs after they have been made and some of the issues to be aware of.
Wider still, and wider?
Graham Richardson considers a recent case involving a London borough and the wide range of circumstances in which employees may bring claims of discrimination arising from disability.
Sub-letting: have you got the best evidence?
Andy Lane considers some of the issues arising, and the court procedures available to, social landlords taking possession action because the tenant is believed to have sub-let or parted with possession of the demised premises.
Using cumulative impact policies
Councils should be wary of the unintended consequences of cumulative impact policies, writes Paddy Whur.
Refinancing PFI and PPP deals
Patrick Sweeney sets out some of the key considerations for local authorities that are looking to refinance their PFI or PPP deals.
Framework agreements and direct awards
Melanie Pears and Tim Care consider how contracts can be called off under multi-supplier framework agreements, by making a direct award without re-opening competition.
ON PUBLIC LAW TODAY
Censorship or justified concern?
A High Court judge recently heard a group of academics' judicial review challenge to a university's decision to withdraw permission for a conference on international law and Israel. Dominic Ruck Keene analyses the judgment.
TOP INTERIM ROLES: Principal Planning Lawyer (South West), Principal Childcare Lawyer (South West), Highways and Planning Lawyer (East of England), Litigation Lawyer - Regulator (London), Housing Litigation Lawyer (East Midlands) and Childcare Solicitor (North West).
Housing and Planning Act 2016 finally published by Angus Walker
Despite receiving Royal Assent on 12 May, the Housing and Planning Act 2016 wasn’t published until yesterday.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Reasons challenges to charging and care home fees decisions
examines a High Court ruling on whether reasons challenges can be brought against local authority charging and care home fees decisions.
Adult Social Services: Sex and the simple test
Alex Ruck Keene
analyses the latest ruling on an individual’s capacity to have sexual relations and to marry.
Adult Social Services: Changes made to the Care Act Guidance
highlights the key changes that the Department of Health has made to the Care Act Guidance.
Children: Transition to education, health and care plans
LexisPSL Local Government
, in partnership with Anita Chopra
and Chris Barnett
, set out a checklist for moving children from statements to the new regime of education, health and care plans.
Children: Age assessment and litigation fairness
The Court of Appeal has handed down a wide-reaching judgment that directly concerns age assessment cases, but the principles enunciated apply to all litigation (private and public), writes Peter Oldham QC
Children: Section 17 and Child Arrangements Orders
sets out some practice points arising out of a recent case involving section 17 and Child Arrangements Orders.
Community Safety: PCCs - end of term report
With elections just round the corner, what impact have Police and Crime Commissioners had since their introduction? Sarah Ellson
and David Northfield
Education: Academies and public law: Pt 2
In the second in a two-part series, Mark Johnson
looks at what academies should consider when carrying out consultation. (ON PUBLIC LAW TODAY)
Education: Public law pitfalls for academies
In the first of a two-part series, Mark Johnson
looks at issues around inadequate consultation and other public law pitfalls for academies.
Education: Criminal records disclosure
and Trish D’Souza
report on a recent successful judicial review challenge against the criminal records disclosure scheme.
Employment: Malicious emails and privacy
The Employment Appeal Tribunal (EAT) recently considered whether an employee had a reasonable expectation of privacy in malicious emails sent to a work colleague. Mark Stevens
Employment: The Trade Union Act – key measures
Parliament has passed a new law on strikes, trade unions and pickets. Phil Allen
sets out the key points.
Employment: Whistleblowing takes centre stage
Whistleblowing is in the spotlight again. Victoria McMeel
and Jodie Sinclair
look at where we are on new standards recently introduced and the latest case law on a 'public' interest disclosure.
Employment: Harassment by members of another union
The Court of Appeal has found that a trade unionist was subjected to a detriment when his employer failed to prevent harassment at work by members of another union. Nicholas Le Riche
Employment: Bad news for malingerers
The Employment Appeal Tribunal has made it easier for ‘malingerers’ to be dismissed. Sarah Maddock
Governance: Electoral law case update
With elections taking place this week, Tom Tabori
looks at the lessons to be learned from recent cases on electoral law.
Governance: Community engagement and social media
How can local government minimise the risks when using social media to boost community engagement? Dan Read
Governance: Combined authorities – accountability is key
With the drive to greater regional devolution, combined authorities, local authorities and other key stakeholders will need to address significant issues around accountability, writes Anja Beriro
Governance: Article 8 and decision-making
Two recent decisions demonstrate the reach, applicability and importance of Article 8 of the European Convention on Human Rights in terms of the functions and decision-making of public bodies, write Peter Wake a
nd Nick Peel
Governance: Audits and auditors - England
In partnership with Stephen Sheen
, the LexisPSL Local Government
team highlights key features of external audit and internal audit in England.
Healthcare: Creating a sustainable healthcare system
Healthcare: Anorexia and the CoP: the difficult line
In the pursuit of a sustainable healthcare system local government must not be left behind, write Michael Boyd and Judith Barnes.
Healthcare: The CoP and reporting restrictions after death
The Court of Protection has recently considered whether reporting restrictions in a case should continue after the individual's death. Rosalind English reports.
Cases where clinicians and others exercising roles under the Mental Health Act 1983 seek to use the Court of Protection to ratify their decisions raise complex issues, writes the CoP team at 39 Essex Chambers
Healthcare: Equality claims and health regulators
The Court of Appeal has ruled that the availability of judicial review did not oust the jurisdiction of the Employment Tribunal to hear an alleged discrimination claim against a health regulator, writes Jeremy Hyam QC
Housing: Consult in haste, repent at leisure
As local housing authorities nationwide consider introducing or renewing additional and selective licensing schemes, Dean Underwood
considers the requirements of a key pre-condition to designation and provides local housing authorities with tips about lawful consultation.
Housing: Lower standards in some HMOs?
Nottingham City Council is planning to go to the Court of Appeal after it lost an Upper Tribunal case on its decision to ban two small bedrooms being used as sleeping accommodation. David Hobbs
Housing: Housing associations and exchange of tenancies
looks at an application for judicial review of a housing trust's decision not to provide consent to an exchange of tenancies.
Housing: Registered providers and commercial assets
Registered providers of social housing could receive a much-needed injection of income if they make better use of their commercial assets, write Kary Withers
and Aaron Macauley
Housing: Housing associations and judicial review
A recent High Court ruling shows that you cannot judicially review all housing association decisions, writes Jon Holbrook
Housing: Income generation: housing delivery vehicles
Are housing delivery vehicles the solution when it comes to councils generating income? David Isaacson
looks at the key considerations when setting them up.
Information Law: Transparency updates and the revised s45 Code
examines recent transparency-related developments that will have a potential impact on the engagement of exemptions under FOIA and the EIR, and the public interest balance.
Information Law: Information requests, purdah and the pre-election period
considers the approach public bodies should take to dealing with freedom of information requests during the pre-election period.
Information Law: FoI - how to recognise a vexatious request
considers the approach public bodies should take towards dealing with vexatious freedom of information requests.
Licensing: A cautionary tale
A recent case underlines the importance of complying with Court directions in case management hearings for licensing appeals, writes James Rankin
Licensing: Licensing and illegal workers
Philip Kolvin QC
reports on an important High Court ruling after a restaurant owner appealed the revocation of his premises licence over the employment of an illegal worker.
Licensing: Children gaming
A district judge recently considered issues around the criminal liability of a betting operator where a child played a fixed odds betting terminal without challenge. Philip Kolvin QC
Licensing: The LGA on licensing fees, public health
The Local Government Association has responded to a recent Institute of Alcohol Studies report on the Licensing Act 2003. Paddy Whur
examines what they had to say.
Litigation: Council tax reduction and the Denton Principles
The High Court has recently applied the Denton
Principles in a council tax reduction appeal. Richard Hanstock
Litigation: Standard of review in Aarhus cases
David Hart QC
examines the latest Aarhus Convention point to come before the domestic courts, in a case involving a city council.
Litigation: Key costs cases in Q1 2016
, Victoria James
and Dr Catriona Wolfenden
round up the major costs cases in the first three months of 2016.
Litigation: Non-domestic rate collection: never too late?
In the first of his three-part series on debt recovery, Marc Samuels
revisits the circumstances in which local authorities can issue late demands for non-domestic business rates.
Litigation: Moss and algae on the highway
Are councils under a duty to remove moss from the highway? Sarah Wilkinson
reports on a High Court ruling.
Litigation: McGeown, Young and slippery bridges
reports on the successful defence of a claim brought against a local authority after the claimant slipped on a wooden footbridge.
Planning: Affordable housing and small sites: the Court of Appeal ruling
The Communities Secretary has won his appeal over a High Court ruling that a key government policy on affordable housing and small-scale sites was unlawful. Harriet Townsend
, Martin Edwards
, Ashley Bowes
and Andrew Lane
Planning: Costs in planning appeals and inquiries
How do you make a successful application for costs in a planning appeal? Jessica Swannell
explains what is needed.
Planning: Housing land supply
analyses a ruling by a High Court judge on housing land supply, deliverable sites and housing market areas.
Planning: Repealing Sections 106BA to BC
Is repealing Sections 106BA to BC yet another example of the law of unintended consequences? John Pugh-Smith
reports on the implications for planning.
Planning: Breach of condition notices
The Court of Appeal has recently upheld a breach of condition notice issued by a council in relation to the hours of operation of a sui generis coach depot. Wayne Beglan
Planning: The meaning of “housing supply policies”
The Court of Appeal may have brought clarity to what are relevant housing supply policies (at least until the Supreme Court has its say), but it is not open season for housebuilders, argues John Pugh-Smith
Planning: Screening opinions and reasons
The High Court has recently examined whether a failure to give adequate reasons for a screening opinion automatically gives rise to a presumption that a planning permission should be quashed. John Hunter
looks at the judgment.
Planning: Sustainable development and heritage assets
A Planning Court judge has given guidance on the interaction between the presumption in favour of sustainable development and the restriction on development affecting heritage assets. Brian Hurwitz
analyses the ruling.
Planning: A growing reluctance to quash?
analyses a recent trend amongst the judiciary not to quash planning permissions, even where there has been an acknowledged legal error.
Procurement: The public sector equality duty and procurement
analyses the interplay between the public sector equality duty and the public procurement regime.
Procurement: The Public Contract Regulations 2015 and the Care Act 2014
looks at the issues raised by the interplay between the Public Contract Regulations and the Care Act when it comes to service provision.
Procurement: The Light Touch Regime: tips and tricks
In the second in a two-part series on the 'Light Touch Regime' in public procurement, Chris Brennan
sets out some tips and tricks for designing a compliant process.
Procurement: Lightness of touch
In the first in a two-part series Chris Brennan
examines the background to the ‘light touch regime’ in public procurement and the statutory regime that governs it.
Procurement: Procurement for donkeys
What would a 'leave' vote in the EU referendum in June mean for procurement law? Michael Mousdale
Procurement: New company and LLP transparency rules
New rules have come into force requiring companies and LLPs to identify people with significant control. Richard Hiscoke
looks at the implications for local authorities.
Projects: When PFI contractors fail to perform
What rights and remedies do you have when PFI contractors fail to perform? David Hunter
Projects: Devolution and regeneration investment
The Cities and Local Government Devolution Act 2016 is the latest measure to implement an enhanced devolution agenda. It must also be viewed as an important tool to stimulate investment in regeneration, writes Alan Aisbett
Property: Of palm trees and a Chancellor’s foot
The Upper Tribunal has considered – in a service charges case involving a London borough – the concept of issue estoppel. Alastair Redpath-Stevens
analyses the judgment.
Property: Overage clauses and drafting issues
reviews the main elements of agreeing overage agreements that local authorities need to take into account when agreeing overage terms.
Property: Dealing with mistakes in registered land
examines a recent High Court case involving a London borough and the mistaken inclusion of a basement within the registered title for a ground floor property.
Regulatory: Game of drones – the law
examines the issues that local authorities may face as a result of the use of drones.
Regulatory: Contaminated land - one to watch
Stephen Tromans QC
and Victoria Hutton
provide an overview of a Part 2A Inquiry concerning a remediation notice served by a local authority.
Transport: TfL and roads in the capital
A High Court judge has ruled on a dispute over the extent of Transport for London’s interests in London’s roads. Charles Banner
reports on the outcome.
|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 charges.
|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.