Forrester-Brown takes over as President of Lawyers in Local Government
Doreen Forrester-Brown, Director of Law and Democracy at the London Borough of Southwark, becomes President of LLG for 2016/17
Council wins judicial review over advice to Greggs under Primary Authority
High Court judge upholds Hull City Council’s judicial review claim over advice given by Newcastle City Council to Greggs under ‘Primary Authority’ scheme
Borough gets enforcement agencies procurement challenge struck out
London Borough of Waltham Forest successfully applies to High Court for procurement challenge to be struck out
Council wins battle over mother’s bid to name twins ‘Cyanide’ and ‘Preacher’
Local authority wins Court of Appeal battle with mother over her proposed names for her twin children
Buckinghamshire Cabinet to consider HB Public Law integration plan
Cabinet at Bucks will later this month (25 April) consider plans for further integration of its legal services team with Harrow-based HB Public Law
North West Legal Consortium names 18 firms to £10m solicitors panels
NWLC appoints 18 law firms to its re-let £10m solicitors panels, with Geldards and Hill Dickinson joining small group of practices with 'partner' status
High Court judge backs revocation of licence for employment of illegal worker
Local authority wins appeal to High Court over decision to revoke premises licence after restaurant discovered to have employed illegal worker
Council secures landmark criminal behaviour order against landlord
City secures what is understood to be the first Criminal Behaviour Order against landlord subject to Housing Act prosecution
|CLOSING DATES APPROACHING:
FREE WEBINAR FOR MEMBERS OF LAWYERS IN LOCAL GOVERNMENT: The Lawyers in Local Government group (LLG) has produced a new competency framework to enable local authority solicitors to comply with the new CPD requirements to be introduced in November. In this free webinar (registration required), Helen McGrath, Development Officer for LLG, outlines the main features of the framework and explains how it will work with the new CPD rules. Please email firstname.lastname@example.org for registration and any other queries.
NEXT WEEK: The National Autistic Society is holding a conference on Autism and the Criminal Justice System – covering topics such as how local authorities can engage with partners in the system – in Manchester on 18 April.
MORE NEWS STORIES....
Care applications to Cafcass surge 14% in 2015/16 to new record
Number of care applications received by Cafcass rose by 14% in 2015/16, it emerges
Supreme Court hands down key ruling on welfare of foreign national children
Judges unanimously allow appeal brought by Children’s Guardian in case concerning whether the courts of England or Hungary should have jurisdiction to determine proceedings concerning future welfare of two young girls
Clark rejects returning functions to Tower Hamlets despite progress
Council is making progress but changes it has introduced will need to be embedded and key outcomes must be delivered before functions are returned, Communities Secretary says
Brewdog sees off appeal over licence for bar in cumulative impact zone
UK’s largest brewer of craft beers, Brewdog, defeats appeal against City of York Council’s grant of a licence for its new bar in York’s cumulative impact zone
See all of our most recent news stories
ON THE MARKETPLACE
Social housing groups in North to establish £15m solicitors panels
Tate Modern turns to FTB’s Grant in bid for new premises licence
BLM hires healthcare specialist Trinder from Bevan Brittan
North Yorkshire chosen as supplier to Merseyside Fire & Rescue
GMC awards Lincoln House £200k contract for advocacy services
New articles on Local Government Lawyer
Information requests, purdah and the pre-election period
Jonathan Auburn considers the approach public bodies should take to dealing with freedom of information requests during the pre-election period.
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.
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 reports.
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.
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.
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.
Procurement - new draft regulations published
David Hansom and Robert Prater report on the latest developments in relation to the UK transposition of the Utilities and Concession Directives.
ON PUBLIC LAW TODAY
Educational Excellence Everywhere?
The Government has recently published a white paper that is essential reading for those in education. Rachel Kamm examines the key proposals.
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.
CORNERSTONE ON....The practical guides - now you can have their skills with you, even when they're not.
The latest blogs...
First DCO corrections and amendments order made
by Angus Walker
A couple of weeks ago the East Anglia ONE Offshore Wind Farm (Corrections and Amendments) Order 2016 was published. This is the first order to combine two types of variation to a development consent order (DCO).
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
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.
Adult Social Services: Case Management Pilot published
The draft Court of Protection case management pilot has been issued. The CoP team at 39 Essex Chambers
set out the key points.
Adult Social Services: Whose call?
Alex Ruck Keene
analyses where decision-making responsibilities lie – and the role of social workers – when it comes to powers of attorney, care homes, best interests and deprivations of liberty.
Adult Social Services: “I reasonably don’t believe you”
looks at the issues when local authorities consider refusing social care support on credibility grounds.
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.
Children: Section 20 of the Children Act 1989 – local authority duties
LexisPSL Local Government
and Claire Cousin
outline a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989, identifying the challenges a local authority may face including parental consent and capacity.
Education: Criminal records disclosure
and Trish D’Souza
report on a recent successful judicial review challenge against the criminal records disclosure scheme.
Education: Government challenges to industrial action
The High Court has ruled that in a dispute involving sixth form college employees, the Government may challenge the validity of industrial action. Paul McFarlane r
Education: School closure consultation
The High Court has rejected a legal challenge to a Welsh council’s plans to close a secondary school. James Goudie QC
Employment: Gagging orders and settlement agreements
What are the rules on gagging orders and settlement agreements in local government? Athelstane Aamodt
Employment: Knowledge of an employee's condition
analyses an Employment Appeal Tribunal ruling in a case which looked at the impact of an employer's knowledge of an employee's condition on disability discrimination.
Employment: Reasonable adjustment after Griffiths
analyses a significant Court of Appeal ruling on the correct comparator in a disability claim.
Employment: Caring for your carers
The Supreme Court has handed down an important decision in the case of the duties employers owe to employees working outside in areas over which they have no control. Steven Conway
looks at the impact of the ruling.
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: Is your Constitution due a health check?
With Annual Council only a few months away, now is the time to be checking your authority’s constitution, write Judith Barnes
and Frances Woodhead
Healthcare: A human rights cautionary tale?
A recent High Court judgment involving claims against an NHS trust and an ambulance service dealt with the legal test for liability, causation and victim status. Francesca O'Neill
reports on the outcome. (ON PUBLIC LAW TODAY)
Healthcare: Corporate manslaughter and public bodies
The first prosecution of an NHS Trust for corporate manslaughter collapsed. Tracey Longfield
and Colin Moore
explain what the case tells us. (ON PUBLIC LAW TODAY)
Housing: The latest on 'Pay to Stay'
The Government is pressing ahead with its controversial 'pay to stay' policy in social housing. John Murray
looks at the latest development.
Housing: Declaring a property as an HMO
A local authority has won an Upper Tribunal appeal after its declaration that a property was a house of multiple occupation was revoked by the First-tier Tribunal. Harriet Holmes
Housing: The mandatory ground post Akerman-Livingstone
One year after the Supreme Court ruling in Akerman-Livingstone
, whither the ‘new’ mandatory ground for possession? Toby Huggins
Housing: Extending the local connection requirement
looks at the extension of the "local connection" requirement to four years for homeless applicants.
Housing: Enforcement of possession orders
looks at the issues raised by enforcement of a possession order by High Court writ rather than County Court warrant.
Information Law: FoI - how to recognise a vexatious request
considers the approach public bodies should take towards dealing with vexatious freedom of information requests.
Information Law: Personal data and politicians’ names
The Upper Tribunal recently ruled that, following an FOI request from a journalist, a council should disclose the identity of councillors who had failed to pay council tax on time. Julian Milford
examines the ruling.
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.
Licensing: Closing licensed premises
What are the practical implications for closure of premises with the powers created in the Anti-social Behaviour, Crime and Policing Act 2014? Paddy Whur
Licensing: Step changes proposed to summary reviews
and Josef Cannon
consider the implications of the recently proposed changes to the Summary Review procedure in the Licensing Act 2003.
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.
Litigation: Mind your step: When is a hazardous staircase not a defective staircase?
The Court of Appeal recently handed down a judgment which serves as an important reminder that a landlord’s duty to repair does not extend to improving a property so as to make it safe. But what other implications does the decision have for both residential and commercial landlords alike? Steven Conway
shares his views.
Litigation: Infrequently used highways and dangerousness
The Court of Appeal has handed down judgment in a case that clarifies the test for dangerousness in respect of defects on infrequently used highways, writes Lucy Stranney
Litigation: The Supreme Court on vicarious liability
Two important Supreme Court judgments concerning vicarious liability were handed down last week. Kate Richmond
Management: Selling your services
deals with the question of what is permissible under the SRA's Handbook and the Legal Services Act 2007 for those local authorities looking to sell their services more widely.
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.
Planning: The correct interpretation of the NPPF 14 'Algorithm'
Jerry Cahill QC
and James Corbet Burcher
report on a developer's successful s288 defence to a challenge brought by a council in the Planning Court.
Planning: Discarding a Core Strategy requirement
The High Court has recently ruled that discarding a recent Core Strategy housing requirement was lawful. Christopher Young
Planning: NPPF 14 and sustainable development
A High Court judge has considered the application of paragraph 14 of the National Planning Policy Framework. Richard Honey
sets out the key findings
Procurement: The new procurement rules - one year on
New procurement rules were introduced with much fanfare a year ago. Alison Walton
, Tim Dennis
and Victoria Fletcher
examine their effect.
Procurement: Wrangling with TUPE in procurement documents
and John Houlden
analyse the issues raised for bidders and purchasers by TUPE in procurement.
Procurement: The digital agenda
sets out the key issues for public bodies looking to exploit the opportunities for collaboration and innovation provided by the digital agenda.
Procurement: Plus ça change…
and Tom Benjamin
give five reasons why Brexit is unlikely to spell the end of procurement regulation in the UK.
Projects: Sweating your assets
How can local authorities get more from their assets without selling off the family silver? Owen Willcox
Projects: State aid - beware compound interest!
A recent case from the European Court of Justice (CJEU) serves as a useful reminder of the risks of getting state aid wrong and the consequences of a recovery order, writes Robert Prater
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.
Property: Legal costs and service charges
When it comes to the recovery of legal costs as a service charge, what has changed since the Supreme Court ruling in Arnold v Britton? Howard Lederman
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 charg
|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.