Local Government Lawyer
www.localgovernmentlawyer.co.uk - unique visitors in July: 30,094.
Ealing: Head of Legal - Social Care - to £72k
JOBS OF THE WEEK: 
NEWS HEADLINES

Domestic violence victim wins legal action over residence requirement in housing allocations policy
London borough’s revised housing allocations policy was unlawful, High Court judge rules following challenge by victim of domestic violence to application of five-year residency requirement

Judge orders council to retake decision in first Care Act 2014 case: report
Deputy High Court judge reported to have ordered London borough to retake a decision following challenge from asylum seeker, in what is thought to be first case dealing with application of Care Act 2014

Council hits out at MoJ court closure plans amid costs concerns
Bridgend calls on Ministry of Justice to re-think proposals to close its local court, amid concerns over potential for increased costs for authority’s legal team and adverse impact on public protection litigation
 
District council launches challenges against two planning appeal decisions
Daventry commences legal proceedings in two cases where it originally refused planning permission, only later to see appeals allowed against its decisions
 
Council ends consultation on new licensing policy after discovery of error
Hackney is proposing to re-adopt its current licensing policy, which was due to expire in January 2016, after error was discovered in consultation document for updated draft policy

Policy note issued on contracts and complying with transparency principles
Crown Commercial Service issues policy note on how public bodies should comply with Government demands that they disclose contract and related information that may previously have been withheld

Councils in plea for help after tribunal ruling on GP surgeries and rates
Councils in Worcestershire call for urgent review amid claims that tribunal ruling on business rates payable for purpose built GP surgeries has cost local authorities millions of pounds

Legal Services Board backs SRA plan to leave practising fees unchanged
LSB agrees to the Solicitors Regulation Authority’s proposal to leave practising fees unchanged for coming practising year - individual fee to stay at £320, with firm fees determined by turnover

Nplaw secures approval to offer 12-month pupillage
Public sector legal practice nplaw receives Bar Standards Board approval to provide 12-month pupillage, which will be offered in collaboration with Doughty Street Chambers and Norwich’s Octagon Legal

Traders lose challenge over confirmation of compulsory purchase order
Market traders fail in High Court challenge to Communities Secretary’s decision to confirm compulsory purchase order made to facilitate regeneration of Shepherds Bush market 
 


Law firm wins £1.3m contract for commercial and property legal advice
BLM bolsters abuse claims practice with Jefferson hire
Government work helps Bircham Dyson Bell to 10% rise in income
Hempsons secures Investors in People Champion status

WORK IN HEREFORDSHIRE: Working for the council offers more than just fantastic work challenges. It's about the quality of life it offers its employees, thanks to its amazing location. Apply todayPrincipal Lawyer - PropertyPrincipal Lawyer - CommercialSenior Litigation LawyerSenior Solicitor - ChildrenSenior Solicitor - Adults and Wellbeing. All jobs attract £5,000 welcome payment and up to £5,000 relocation reimbursement. Closing: 17 August.

DON'T MISS OUT (To see all roles on LGL, click here):
MORE NEWS STORIES....

Council defeats High Court challenge to school closure plans

Council in Wales successfully defends its decision to close two primary schools in its area and move pupils to larger establishments

Underperforming councils to lose role in determining shale gas applications
Local planning authorities considered 'under-performing' could be stripped of their role in determining oil and gas planning applications, ministers say

Council to reconsider cases of 'flipped' tickets after adjudicator defeats
Canterbury City Council offers to reconsider cases where it rejected a motorist’s appeal against parking penalty charge notice received as a result of pay and display ticket flipping over

MPs set up inquiry into housing associations and extension of Right to Buy
Communities and Local Government Committee launches inquiry into viability and sustainability of housing associations and looking in particular at proposed extension of the Right to Buy

Ex-employee sues homecare provider over non-payment for travel time
Former employee of major homecare services provider launches legal action over company’s practice of not paying carers for time they spend travelling to and from care appointments
 
Homeless young must not be housed in B&Bs, even in emergencies: LGO
Local Government Ombudsman warns councils that bed and breakfast accommodation should not be used to house young homeless people, even in an emergency

Leading children's rights charities agree to merge
Two leading children’s rights charities – Just for Kids Law and the Children’s Rights Alliance for England (CRAE) – are to merge

See all of our most recent news stories
INTERIM JOBS: Interim Director of Governance (East London); Childcare Lawyer (South Yorkshire); Senior Contracts and Procurement Lawyer (London); Solicitor - Regulatory and Enforcement (East Midlands); Senior Regulatory Lawyer (London).

KEY EVENTS: FEATURED SUPPLIER: TRL's widely respected Incident Investigation and Reconstruction Group consists of expert scientists, engineers and technicians, who specialise in the forensic investigation of incidents involving road traffic, the road environment and road user behaviour. 
New articles on Local Government Lawyer

Costs for judicial review
LexisPSL Government and Morayo Fagborun Bennett set out key provisions in relation to costs for judicial review, covering protective costs orders (PCOs), interveners and costs capping.

Public sector landlords, framework agreements and QLTAs
The Upper Tribunal has clarified whether councils and other public sector landlords can use framework agreements to appoint building contractors. Assad Maqbool considers the significance of the ruling.

What the Tortoise taught us....
A recent Administrative Court ruling provides useful guidance on the duty of local authorities when they are alerted to possible unlawful activity, writes Nicholas Dobson.

Lack of EIA not fatal to planning permission
The Supreme Court has handed down a major ruling in a case where there was a legal defect in the procedure leading to the grant of planning permission. Martin Goodall analyses the judgment.
 
PFI ‘good faith’ obligations under scrutiny
The Technology and Construction Court has recently issued a ruling on a 'good faith' obligation contained in a PFI contract where a local authority was one of the parties. Leah Horn examines the judgment.
 
School transport and indirect discrimination
Nicola Bennison, Trish D’Souza and Emma Cullen look at the lessons from a successful judicial review challenge against a council’s home to school transport policy.
 
Using the wrong tenancy agreement
The Court of Appeal has held that an agreement for an introductory tenancy, used in error, did not in fact grant an introductory tenancy, as the tenancy was precluded from being introductory by the Housing Act 1985. Jonathan Manning and Sarah McKeown report.
 
Solar rooftops at schools
What does the management of schools need to know about fitting solar panels? Maria Connolly explains.

Selling Legal Services? Get your service noticed on
Local Government Lawyer and Public Law Today

We are pleased to announce the forthcoming launch of a new directory of local authority traded legal services, providing a cost- and time-efficient way for local authorities to profile their services to hundreds of potential public sector and other clients.

For details of how to advertiseplease click here.

The latest blogs...
400-turbine offshore wind farm consented by Angus Walker
This entry reports on the decision on the Dogger A&B offshore wind farm.
 
BOOK REVIEWS
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 derek.bedlow@localgovernmentlawyer.co.uk 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: 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.

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 reports.

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
Samantha Broadfoot examines a landmark decision on the compatibility of “Gangbos” with Article 6 of the Human Rights Act.

Education: 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.

Employment: 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.

Employment: 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.

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.

Governance: Election petitions and service
The Divisional Court has dismissed an election petition on grounds of defective service. Greg Callus explains why.

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!
Chris Grose 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 VanheganChristopher Baker and Sam Madge-Wyld report.

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
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.

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: 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.

Management: Reviewing legal services expenditure
Helen Edwards looks at the steps public sector bodies can take to get the most out of their spend on legal services.

Management: 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.

Planning: Permission to speak freely?
Sue Chadwick 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: 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.

Procurement: Buying social
Bill Bullivant analyses what just what can be done and what can’t be done in respect of ‘buying social’ and buying ‘local’.

Procurement: 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. 

Procurement: 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.

Property: 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.

Property: Assets of Community Value - how the regime works in practice
Peter Wadsley 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
Jack Smyth sets out the pitfalls that local planning authorities should avoid when bringing listed building prosecutions.
 

 

Name Price (ex-VAT)   Description
The Importance of Judicial Review £25.00 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 £25.00 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 £25.00 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" £25.00 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 £25.00 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 £25.00 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 £25.00 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 £25.00 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 £25.00 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 £25.00 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.


Services Directory
 
37 Park Square
Specialisms in the areas of Court of Protection, Professional Negligence, Disciplinary Tribunals, Employment Law, Planning, Health & Safety and Immigration, experienced in acting on behalf of Local Authorities.
A&M Bacon Ltd
We are an independent leading firm of Costs Lawyers specialising in Defendant costs for both paying and receiving costs matters.
Cadogans
Cadogans is a group of engineers and scientists distinguished by its breadth of experience and ability to tackle problems that combine more than one discipline.
Easton Bevins
Easton Bevins is a leading independent Chartered Building Surveying Practice with a vastly experienced team of Expert Witnesses
Edulaw Chambers
Edulaw Chambers provides specialist advice, advocacy and training in education law. We regularly act for local authorities and schools/academies.
Fenners
The Legal 500 recognises Fenners as the leading barristers’ chambers in the East of England. From our base in Cambridge we work regularly throughout the East of England, the northern Home Counties and London. We travel to courts anywhere in England and Wales.
Francis Taylor Building
Francis Taylor Building is a long established leading public law set, with particular expertise in planning, land valuation, infrastructure, environmental, public law, licensing and regulatory law.
Gibbins Costs Lawyers
Gibbins has grown to become one of the North’s largest independent firms of Costs Lawyers and Consultants, serving Solicitors and Legal Practitioners nationwide.
Ivy Legal
Ivy Legal Ltd is an innovative planning enforcement law firm that specialises in supporting local authorities.
Joanna North Associates Ltd
Training & therapeutic consultancy for children, adults & families. Expert witness and Ofsted inspected adoption support agency
Jordan Publishing
Under our two brands, Jordans and Family Law, we publish practitioner books, looseleaf services, journals and law reports in both print and online format covering the entire range of legal practice and regulation.
Laird Assessors
We provide an expert witnesses service that is second to none. We have highly qualified, experienced & well trained motor engineers positioned strategically throughout the UK providing accident investigation and supporting services.
Legal Document Translation
Legal Document Translation provide you with a proven, trouble free translation process. We work for local authorities and solicitors UK wide.
Lextox Drug and Alcohol Testing
A specialist hair drug and alcohol testing laboratory established by experts to provide the most reliable results and most responsive customer service.
Professor Tony Monk
Professor Tony Monk is an eminent Architectural Expert Witness and is accredited to act in legal disputes covering design, technical and professional defects in the architectural and building industry.
TRL
TRL's widely respected Incident Investigation and Reconstruction Group consists of expert scientists, engineers and technicians, who specialise in the forensic investigation of incidents involving road traffic, the road environment and road user behaviour.
WeatherNet Ltd
With 15 years experience, WeatherNet can provide complete forensic legal weather reports or witness statements for a range of civil and criminal cases.
Wilkin Chapman Goolden
At Wilkin Chapman Goolden we offer a high level of expertise with the support of a full range of specialist lawyers offering expert advice on the complete range of legal services.
Copyright © 2015 Local Government Lawyer, All rights reserved.