www.localgovernmentlawyer.co.uk - unique visitors in May: 31,332.
JOBS OF THE WEEK: We have some tremendous roles this week:
Cornwall: Senior Lawyer/Manager - Education, Health and Social Care; Practice Manager/Operations Team Leader; Planning & Environmental Lawyer; and Trainee Solicitor.
Southwark: Senior Planning Lawyers; Senior Lawyer - Housing Operations; and Social Services - non child care – market factor supplements and hard to fill benefits apply. The council is also hiring Legal Assistants - Litigation General and Housing and Legal Assistant - Childcare.
Leicester City Council: Solicitor/Barrister - Childcare;
EVENT OF THE WEEK: The Institute of Licensing, in conjunction with Poppleston Allen and Cornerstone Barristers, is holding a series of training days on Licensing Hearings across the country between June and September. Click here for details.
Borough unveils plans to allow voters to "kick out" bad councillors
Kingston Council sets out plans - through non-statutory protocol - to give voters chance to remove their councillor if they fail to meet set of defined standards
Joint guidelines issues for lawyers dealing with unrepresented people
Law Society, Bar Council and CILEx publish joint guidelines for lawyers who come up against the growing number of people in court without legal representation
London council wins Court of Appeal battle over planning enforcement notice
City council wins challenge in Court of Appeal to inspector’s decision to quash planning enforcement notice concerning a change of use
Council ordered to pay £80k+ over failure to tackle asbestos in town hall
Freedom of information request on election expenses ends up leading to London borough being ordered to pay more than £80,000 in fines and costs after exposing staff and contractors to asbestos in basement of town hall
School loses appeal over disclosure of parent, pupil and staff survey results
Birmingham school fails in First-tier Tribunal appeal over Information Commissioner's decision to require it to disclose results of pupil, parent and staff surveys
Court to hear challenge over impact of benefit cap on disabled and carers
A High Court judge has given the green light to a judicial review challenge over the impact of the ‘benefit cap’ on disabled people and their carers.
Woman jailed for breaches of injunction including screaming during sex
Birmingham woman sentenced to custodial sentence of 14 days for contempt of court after breaching injunction, including by screaming and shouting whilst having sex late at night
Judge issues order for committal against tenant over failure to remove dogs
Housing association secures order for committal for contempt of court against tenant who failed to remove dogs from his property
11KBW local government QC appointed as High Court judge
11KBW silk who specialises in local government law made High Court judge assigned to Queen’s Bench Division
JUST IN: Rochford District Council has restructured its Leadership Team and is looking for an Assistant Director - Legal Services (to £60,000), while Transport for London is hiring a Senior Associate - Planning and Highways (competitive salary, 12 month fixed term contract).
TOP JOBS: We have a range of other great roles so apply today:
SIX MONTHS ON, SIX MONTHS OFF? Central Bedfordshire Council is looking for a Property Lawyer for an unusual but not unique arrangement of working 37 hours per week, six months per year from October to March.
INTERIM ROLES: Interim Head of Law and Governance, Information Lawyer, Planning Lawyer and Childcare Lawyer. To see all roles on LGL, click here.
MORE NEWS STORIES....
Former DCLG Permanent Secretary to chair Centre for Public Scrutiny
Lord Kerslake, also former Head of the Civil Service, becomes Chair of public accountability charity and warns that scrutiny vital at time of financial pressures
High Court to hear judicial review over dementia unit closure
Application made on behalf of daughter of 102-year-old resident for judicial review of planned closure of dementia unit
City mayor threatens legal action over prospective academy conversion
Directly-elected mayor of Leicester warns of legal action after it emerged that Education Secretary plans to turn junior school into academy
Council receives petition urging referendum on having directly elected mayor
Guildford BC receives petition calling for public referendum on whether it should move to governance model with directly elected mayor
Council and NHS trust to pay £27k over errors in care for double amputee
City council and NHS trust agreed to pay out more than £27,000 to a double amputee with significant mental health needs who was wrongly denied appropriate care
Guidance on compliance with Mystery Shopper procurement investigations
Cabinet Office and Crown Commercial Service issue guidance on new statutory requirements for certain public authorities to comply with procurement investigations by the Mystery Shopper service
Councils and governing bodies to be forced to progress academy conversion
Councils and governing bodies will be forced to actively progress the process by which academy sponsors take over running schools under the Education and Adoption Bill
Guidance issued for Trading Standards on ‘enhanced consumer measures’
The Government has published guidance for Trading Standards services and other public enforcers on how to use the ‘enhanced consumer measures’ (ECMs) introduced through the Consumer Rights Act 2015
District one of first to secure conviction under Scrap Metal Dealers Act
Cannock Chase thought to have become one of first local authorities in country to prosecute scrap metal dealer successfully after he failed to keep proper records
See all of our most recent news stories
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New articles on Local Government Lawyer
Viability of developments
When is a development to be treated as viable? John Pugh-Smith reports on a planning inspector's conclusions.
Consultation – Moseley revisited
A High Court judge has concluded that public consultation does not necessarily need to set out alternative options. Brian Wong and Andrew Walls report on the latest ruling after the Supreme Court decision in Moseley.
The rise of spinouts
The Conservatives’ general election victory could create further momentum in the move towards mutualisation and other spin-outs of public services. Bridgette Wilcox and Paul Pugh consider the implications.
Getting the most out of your legal suppliers
With legal department budgets set for further cuts, Helen Edwards outlines some of the ways that public sector bodies can ensure they get more bang for their bucks.
Replacing the Code for Sustainable Homes
Cathy Fishenden looks at the withdrawal of the Code for Sustainable Homes and its replacement regime.
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.
Disclosing child protection information
A recent High Court case involving a teacher has stressed that when disclosing child protection information, you must make sure you ask the right questions first, writes Robin Hopkins.
Plus ça change
The election of a majority Conservative government appears to have taken everyone by surprise, including perhaps the party itself. But what does it mean for schools and academies? Simon Ramshaw takes a look at four headline issues.
Imprisonment for council tax default
Rona Epstein looks at the legal background to the enforcement of council tax debt and the issues raised where defaulters are sentenced to imprisonment.
The latest blogs...
Consultation on Welsh mini-Planning Act regime by Angus Walker
This entry reports on provisions of the Planning (Wales) Act 2015 relating to infrastructure.
Norwich by-pass gets go-ahead
New webinars on Local Government Law TV
|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.
On our sister publication Public Law Today (external site):
Education: Competition law and higher education
and Shaukat Ali
look at the implications for higher and further education institutions arising out of proposals from the Competition & Markets Authority for regulatory reform.
Healthcare: Protection patients, protecting patient data
examines the challenges arising out of the blurred line between protecting patient data and protecting patients.
Housing: Right to Buy for housing associations
What might reality look like for housing associations when it comes to the Right to Buy? Jonathan Cox
Catch-up on recent articles on Local Government Lawyer:
Adult Social Services: The Court of Protection comes of age
The Court of Appeal has issued a hugely significant ruling for all those concerned with the MCA 2005 and decision-making in relation to those who lack capacity in domains related to their care arrangements. The Court of Protection team at 39 Essex Chambers
Adult Social Services: Guardianship and DOLS (again)
The Court of Protection team at 39 Essex Chambers
examine a difficult decision in relation to the Deprivation of Liberty Safeguards and guardianship.
Children: Protecting looked after children
considers what local authorities can do – including seeking injunctive relief – to protect looked after children who are at risk of exploitation.
Community Safety: The new Civil Injunction Order
analyses the courts’ new powers to grant injunctions and the repeal of the ASBI.
Education: Academy terminating prior arrangement
James Goudie QC
looks at a recent Employment Appeal Tribunal case betweeen the elected Mayor of Liverpool and a school where he previously worked.
Employment: Public sector pensions: key issues
rounds up some of the key issues in relation to public sector pensions from a legal viewpoint.
Employment: Whistleblowing protection – when is a disclosure in the public interest?
considers the implications of a recent Employment Appeal Tribunal decision on the meaning of “in the public interest” in the context of whistleblowing legislation.
Governance: Information, documents or both – what is available under FOI?
reviews a Court of Appeal ruling relevant to public authorities who maintain that freedom of information is about access to information, not documents.
Governance: Vexed by vexatiousness?
The Court of Appeal has for the first time considered provisions on ‘vexatiousness’ and ‘manifest unreasonableness’ in relation to information requests. Christopher Knight
Housing: A narrow distinction
A recent Supreme Court ruling on ‘intentional homelessness’ could have major consequences for local housing authorities, writes Alexander Campbell
Licensing: Irresponsible drink promotions
Are we any closer to understanding what is and what isn't irresponsible when it comes to drinks promotions? Paddy Whur
Litigation: Keeping your head out of the sand?
A High Court judge has set out which a public authority ought to take, if it cannot, for financial reasons, defend its own decision in court in judicial review proceedings. David Hart QC
analyses the ruling.
Litigation: Claims by trespassers
A trespasser on school property failed in a claim made after he suffered a catastrophic fall. Tom Baker
and David Williams
Planning: Heritage issues and planning applications
and Brian Hurwitz
examine the recent guidance from the courts when it comes to considering heritage issues in planning applications.
Procurement: Options for local government trading
Interest in the opportunities presented by local government trading has never been higher. Rob Hann
examines the various delivery models and the challenges they bring.
Procurement: Specifying technical requirements
and Caroline Emslie
examine how to specify technical requirements in procurement documents and obtain the best result.
Property: Vacant building credit – the latest position
Uncertainly remains around vacant building credit despite recent changes to the National Planning Practice Guidance, write Christopher Stanwell
and Tim Stansfield
Regulatory: Funding trading standards services
A recent judicial review application over cuts to a local authority’s trading standards team highlights the need to examine funding structures, writes Melissa Dring
of the Chartered Trading Standards Institute.