Editor's blog: In the round
The 10% reduction in local government funding for 2015/16 announced by the Chancellor of the Exchequer as part of the Spending Review unveiled this week had been well trailed. But this won't make it easier for some authorities to take. Read more...
DON'T MISS OUT: There are some fantastic senior locum posts available this week - Interim Head of Governance (Hampshire); Head of Governance (North West); Interim Corporate Governance and Constitution Manager (North West); Head of Legal and Democratic Services (Midlands); and Interim Head of Legal (South East). Other roles include: Mental Health Solicitor/Barrister, Locum Prosecutions Lawyer, Litigation Lawyer and Regulatory Lawyer. To see all jobs on LGL, click here. Please tell them you saw the role on Local Government Lawyer.
Permanent jobs just in: Staffordshire is seeking a Highways and Planning Lawyer while Welwyn Hatfield Borough Council is looking for a Litigation Officer (part-time). The deadline for the Housing Solicitor/Caseworker role at Avon and Bristol Law Centre is meanwhile fast approaching (noon on 3 July).
New courses on Local Government Law.tv: Bringing and Defending Procurement Challenges by Anthony Collins and PF2: A new approach to public partnerships by Freeth Cartwright.
Osborne unveils 10% cut to DCLG funding amid concerns over services LGA warns on impact, but Chancellor insists that local government spending will only fall by 2%
Supreme Court gives green light to school staff to bring equal pay claims At issue was whether appellants had satisfied threshold conditions in s. 1(6) of the Equal Pay Act 1970
Council fends off challenge to core strategy over habitats compliance Claimants argued that district had failed to meet its obligations when adopting two development plan documents
Peers to debate removal of requirement to publish statutory notices Amendment to Local Audit and Accountability Bill tabled in House of Lords
Fees regulations for 600,000+ licences are unlawful, says top QC Philip Kolvin QC argues that - in light of Hemming case - 2005 regulations became unlawful in 2009 when new European laws came into force
Tougher rules beckon on out of area placements in residential care reforms Senior local authority official to have to approve out of area placements that are a significant distance from child's home
Supreme Court to hear case on non-delegable duty of local authority Justices to consider criteria to be applied in determining circumstances in which school's duty to pupils under national curriculum can be delegated
Royal Borough launches judicial review over plan to move minor injuries unit Legal action over clinical commissioning group's decision to transfer unit to Bracknell
Judge gives permission to bring case over cuts to community nurseries Four claimants, who have children at nurseries affected, advance five grounds of challenge
Review calls for significant reforms to legal services education and training Current system found - "for the most part" - to provide good standard
Planning Act regime extended to six business and commercial project types
Government consults on revised guidance for Primary Authority scheme
Kent local government lawyer wins seat on Law Society Council
Revised time limits for planning and procurement JRs in force next week
Isle of Wight names 11 law firms to framework agreement
See all of our most recent news stories
New articles on Local Government Lawyer
Selling public land with claw back
Phil Lawrence provides some top tips on imposing overage on a sale of public sector land.
All that glitters...?
The Government has unveiled some significant relaxations to the permitted development regime. John Pugh-Smith analyses the measures.
Speaking truth unto power
As St Thomas More would testify (were he available to do so, with the added benefit of his head), this is much more challenging in practice than in theory, writes Nicholas Dobson.
TVG registration and the ECHR right to property
The Court of Appeal has upheld the compatibility of the town and village green registration scheme with the ECHR right to property (Article 1 of the First Protocol). Tim Buley looks at how the court dealt with the key issues.
Penalty - not such a dirty word after all!
The attitude of the courts to liquidated damages clauses in contracts is shifting. Vanessa Barnett and Mark Alsop look at recent cases and how to minimise the risk such clauses will be seen as a penalty.
Failure to assess: the quantum of an award
Jonathan Auburn and Benjamin Tankel look at the approach taken by the Local Government Ombudsman into the quantum of an award for failure to assess.
The Public Contracts Regulations 2006, disclosure and transparency of award criteria
Elizabeth Gibson examines issues around disclosure of commercially sensitive information and transparency of award criteria in relation to the Public Contracts Regulations 2006.
Social services, and what the future holds....
Kella Bowers looks at recent and future developments in the law relating to social work and the potential liabilities of local authorities.
New courses on Local Government Law TV
Bringing and Defending Procurement Challenges
You Save: 50.00%
This course revisits the first principles of current procurement law and practice and outlines the grounds for bringing challenges as well as ways that contracting authorities can defend claims and avoid them in the first place.
PF2: A new approach to public partnerships
You Save: 50.00%
The government claims that the PF2 scheme address the perceived deficiencies of PFI. This course outlines the main provisions of PF2 and compares the respective contract structures of the PFI and PF2 regimes, highlighting the major differences between the two.
All courses are CPD-qualifying. Your first course is FREE.
Departmental subscriptions from £495 + VAT for 12 months unlimited access. Click here for details.
The latest blogs...
Six business and commercial project types approved to use Planning Act 2008 regime by Angus Walker
This entry reports on the Government's response to consultation extending the Planning Act regime to business and commercial projects.
Snap judgement: What is your view of the proposed changes to Legal Aid for judicial review cases?
About time – there are too many hopeless claims being made
They won't make much difference to the volume of judicial review challenges
They represent a serious danger to the rule of law
Click here to vote now
And some you may have missed....
Adult Social Services: Care home finances and local authority responsibilities
Following a number of business failures in the sector, the Government has put forward new proposals on the financing of care homes and the responsibilities of local authorities. Anna Tkaczynska
looks at the key measures.
Children's Services: The conduct of Tribunal hearings following academy conversion
When maintained schools with existing or outstanding Tribunal discrimination claims convert to become Academies, this causes significant legal and practical problems, explains Jonathan Auburn
Community Safety: Gang injunctions, ASBOs and the closest fit
The Court of Appeal handed down an important ruling recently on applications for gang injunctions. Jonathan Manning
and Sarah Salmon
explain the judgment.
Employment: Covert surveillance and dismissal
The Employment Appeal Tribunal has handed down judgment in a case that will be of interest to all local government employers who use covert surveillance as evidence of misconduct at a disciplinary hearing. Sharon Heys
explains the ruling.
Governance: 'Your Council's Cabinet' - filming Cabinet meetings and other diversions Graeme Creer
casts a critical eye over the Government's new guide on attending - and filming - council meetings as well as obtaining documents.
Healthcare: Appropriate unit and appropriate treatment? Andrew Parsons
considers a recent ruling on the application of the appropriate treatment test under the Mental Health Act (as amended).
Housing: An issue of destitution
The High Court recently found to be lawful a local authority's decision on whether or not a family was destitute. Ros Foster
explains the ruling.
Licensing: Conditioned response
A recent challenge to conditions imposed on a sexual entertainment venue has failed. Philip Kolvin QC
Litigation: Vicarious liability and local authorities
The law of vicarious liability is on the move. Lucy Harris
looks at the implications for local authorities.
Planning: Dealing with unauthorised occupiers Daniel Hall
looks at the options open to public bodies faced with unauthorised occupiers of their land.
Procurement: Cleaning up
A recent European case on the direct award by a contracting authority of a contract for services to another public body has major implications for local authorities, writes Jack Hayward
Projects: The Growth and Infrastructure Act and TVGs
Just how effective will the Growth and Infrastructure Act 2013 be in protecting against town and village green registration? Antonia Murillo
Property: Breaking point
The High Court has handed down an important ruling on tenant break clauses. Peter Hall
examines the judgment.
Property: Local authorities, licensing fees and the Hemming case Paddy Whur
looks at the implications of the recent judgment in the Hemming
case and what this may mean for local authorities when considering the setting of their licensing fees.
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