Another record month of traffic: 35000+ unique visitors. www.localgovernmentlawyer.co.uk
JOBS OF THE WEEK:
- The Homes & Communities Agency is looking for a Deputy Head of Legal (£62,125-£82,833);
- Southampton City Council is hiring a Senior Solicitor (£38,974 to £49,034) to handle planning and environment work.
Supreme Court issues landmark ruling on consultation
London borough's consultation on proposed changes to its council tax benefit scheme was unlawful, judges find
Watchdog blocks settlement agreement between council and chief executive
"Unprecedented action" by auditor amid concern over potentially unlawful payments in reported £330k deal
Chief exec cleared after investigating QC rejects complaint as "unfounded"
Lawyer finds there was no attempt to 'browbeat' planning manager over application for 550-home development made by company of which chief executive was a board director
Westminster wins court battle over offer of accommodation near Milton Keynes
Court of Appeal upholds offer made to homeless mother and her five children to whom local authority owed a housing duty
Rotherham looks to set toughest standards for taxi drivers in the country
Range of measures include tougher communication and knowledge test and more rigorous scrutiny of applicants from abroad
Department of Health publishes final Care Act regulations and guidance
Key changes made in relation to national eligibility threshold
District and parish in court challenge to planning permission for free school
Communities Secretary overturned planning inspector's decision and approved Sikh school's continued operation from former office building
High Court judge rejects challenge to bedroom tax over separated families
Claimants had all still been in receipt of discretionary housing payments
Appeal judges to hear key issue for challenges to planning permissions on EIA grounds
Leave to appeal given in case involving greenfield site in Essex
Blackpool looks to use Public Spaces Protection Orders to stop rowdiness
But local authority denies reports that it will ban the 'mankini'
INTERIM ROLES: Senior Planning and Property Lawyer, Contracts & Procurement Lawyer, Adult Care Lawyer and Education Solicitor. To see all roles on LGL, click here.
ADULT CARE LAWYERS: Last call to complete our survey on the Care Act 2014. You can remain anonymous and you will be entered into a draw for a £50 John Lewis voucher. The survey takes no more than 15 minutes.
MORE NEWS STORIES....
Watchdog raps Department for Education for confusion on academy oversight
National Audit Office warns that DfE has failed to articulate roles of local authorities in relation to academies
Battle over registration of beach as village green reaches Supreme Court
Ruling expected to have significant implications in relation to land held pursuant to statutory functions and subject to byelaws
Court of Appeal to hear dispute over hospitals sharing data with Home Office
Guidance requires hospitals to tell Home Office if non-resident patients have received treatment but cannot pay for it, irrespective of whether consent given
Ombudsman "increasingly concerned" about patients being discharged unsafely
Warning from Parliamentary and Health Service Ombudsman that unplanned admissions and readmissions were "a massive cost to the NHS"
Housing associations demand same gas access rights as local authorities
Cost to sector of gaining access - by court order as last resort - is £50m a year
North East Combined Authority to pursue Quality Contracts Scheme for buses
Proposals to go out to consultation but operators warn they will bankrupt the bus system "inside ten years"
Browne Jacobson lawyer gets top mark in Diploma in Local Government Law
Union agrees to delay in legal action over new probation bodies
Councils see 6% increase in detected fraud to highest level in 25 years
TSI and minister launch free online resource for trading standards laws
Town centre managers hit out at DBIS U-turn over repeal of Pedlars Acts
Councils increase food law enforcement activity despite reported staff cuts: FSA
DfE issues advice on data security for schools if using cloud services
LGA calls for end to ban on term-time holidays for pupils
Foundation trust fined £10,000 after resident fell from window at secure unit
See all of our most recent news stories
LAST DAY FOR CPD: There are a range of new courses on Local Government Law TV including Overage - Preserving Value and Making the new EU procurement regime work for you.
COURSES: LGG is holding an Education: Admissions Update in London on 7 November.
FEATURED SUPPLIER: Expert Psychological Solutions are specialists in Family Law and care cases, providing new and cost effective ways of delivering psychological assessments, therapy, training and supervision.
New articles on Local Government Lawyer
Charge the parent and fail the child?
What are the options open to local education authorities when a parent fails to ensure the regular attendance of their child at school? Alan Conroy looks at the key provisions and the importance of considering education supervision orders.
Challenges to Core Strategy sustainability appraisals and reasonable alternatives
The Court of Appeal has rejected a parish council's challenge to the grant of planning permission on a district council's largest housing site. Mark Lowe QC and Asitha Ranatunga explain why.
The national planning policy for waste
Ben Sheppard and Philippa Plumtree-Varley consider the outcome of the DCLG consultation on national waste planning policy.
The Nearest Relative and requests for discharge
The Court of Appeal has clarified important issues in relation to the service by a nearest relative of a request for discharge under the Mental Health Act, writes Michael Paget.
Another procurement consultation: the Small Business, Enterprise and Employment Bill
The Government is consulting on how best to implement the powers in the Small Business, Enterprise and Employment Bill to reform the public procurement process in order to help small businesses. Richard Auton reports.
Housing law: recent cases of interest
Andrew Lane highlights the cases of interest in the housing field in recent months.
The Housing (Wales) Act 2014: key points
Vicky Kells examines a number of the key provisions in the Housing (Wales) Act, including in relation to homelessness and standards for local authority tenants.
Pension loss and unfair dismissal
The Court of Appeal has offered guidance to Employment Tribunals regarding the correct basis on which to calculate an employee's pension loss on a claim for unfair dismissal. Mike Smith analyses the key implications of a case involving an NHS trust.
New courses on Local Government Law TV
All courses are CPD-qualifying. Your first course is FREE.
|Whistleblowing in the Public Sector
||This presentation examines the effect of the law(s) intended to facilitate whistleblowing and to protect whistleblowers, and provides guidance to public authorities on how to prepare for and respond correctly to a disclosure.
|Making the new EU procurement regime work for you
||This course provides a succinct overview of the main changes set to be introduced by the new EU procurement directives and the new regulations published in September 2014 and explains how they can be applied in practice.
Departmental subscriptions from £249 + VAT for 12 months unlimited access (LLG members). Click here for details.
The latest blogs...
South Hook gets consent and JR news by Angus Walker
This entry reports on the latest nationally significant infrastructure project to be granted consent, and news on judicial review.
Was that the end of special parliamentary procedure?
Been away? Features on Local Government Lawyer recently include:
Adult Social Services: Local authority deputies
The Court of Protection team at 39 Essex Street
look at the pros – and a con – of a recent ruling in relation to local authority deputies.
Careers: Legal apprenticeships for local authorities
How can the various types of legal apprenticeship help local authority legal departments? Noel Inge
explains the benefits and how councils can set up schemes.
Children: Foster care abuse claims and the Woodland duty
Obiter comments in a High Court judgment may lead the way for the Woodland
duty to be extended to foster care in the future, writes Sarah Wilkinson
Community Safety: Anti-Social Behaviour – the new reforms
In this first of two articles Andrew Lane
looks at the new ASB “tools” introduced by the Anti-social Behaviour, Crime & Policing Act 2014.
Employment: Recovery of public sector exit payments
The Government has recently consulted on legislation that would claw back exit payments from high-earning staff in the public sector. But will it work in practice? Maeve Vickery
examines the issues.
Governance: Trading up
explores how local authorities considering trading can get started on the right track and stay there, and reports on a new pilot scheme from Local Partnerships.
Healthcare: The right to autonomy
reviews a recent Court of Protection case where an NHS trust sought declarations in relation to a young woman with anorexia nervosa and an alcohol dependence syndrome.
Housing: Housing benefit: calculating capital
The Upper Tribunal (Administrative Appeals Chamber) has given guidance on the proper approach to the calculation of capital under reg.51, Housing Benefit Regulations 2006. Justin Bates
, David Cowan
and Amy Knight
Housing: Procurement regulations and social housing
Social housing providers should be aware of some significant changes ahead with the arrival of the Public Contracts Regulations 2015, writes Bill Bullivant
Licensing: Super strength?
considers the importance of the Superintendent's Certificate when it comes to summary reviews of premises licences.
Litigation: Closing a care home
A High Court judge has rejected a judicial review challenge brought on behalf of a 101-year-old resident over the proposed closure of her care home. Rosalind English
Planning: The future of the Green Belt
“The answer’s no, what’s the question?” Peter Village QC
and Jonathan Darby
consider the issue of Green Belt policy ahead of the general election.
Procurement: Procurement regulations and the risk of misclassification
There have been a number of cases where procurements have been challenged on the basis that the public (or utilities) procurement regulations should apply to the purchase, but have not been followed. David Hansom
looks at the issues that can arise if organisations get the assessment wrong.
Projects: Running the state aid gauntlet
and Philip Roberts
examine some important developments for local authorities and other public bodies in relation to state aid.
Property: CIL: the clock is ticking
As new 'deadlines' approach for the introduction of the Community Infrastructure Levy, have councils given themselves a health check? Stuart Shortman
of nplaw explains.
Snap judgement: Do you expect to be employed within an ABS in five years' time?
Click here to vote now
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