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JOBS OF THE WEEK: The closing date for the role of Legal Officer (Contracts) at Darlington Borough Council is today (26 June) so apply now.
There are a wide range of fantastic opportunities on LGL this week:
High Court declares part of housing allocation scheme to be unlawful
Judge rules on London council’s policy of suspending unintentionally homeless person’s right to bid for social housing for 12 months
Tenant challenges redevelopment over extent of consultation options
Legal challenge launched over London borough’s plans to redevelop housing estate, after council reduces number of options upon which to be consulted
Husband uses crowdfunding for challenge to restrictions on contact with wife
One of first cases potentially to be funded by new crowdfunding platform is judicial review challenge a man is hoping to bring over decision to restrict contact with his wife of 67 years who is in a care home
Clay takes top legal role at London Borough of Tower Hamlets
London Borough of Tower Hamlets appoints Melanie Clay as corporate director for its Law, Probity and Governance directorate
Council to set up private sector landlord company
Cabinet at Bournemouth Borough Council backs plans for private sector landlord company that will rent directly to people for whom the council has statutory homeless duty
Supreme Court to rule next week on high-profile procurement dispute
Key ruling scheduled for next week on case involving allocation of £132.8m in services to pre-existing outsourcing contract
Challenge to transport cuts ends after Supreme Court refuses permission
Challenge to local authority’s decision to close passenger transport unit ends after Supreme Court refuses to grant permission for appeal
Spending watchdog expresses concern about payment by results schemes
National Audit Office warns over use of outcome-based payment schemes, saying they are “hard to get right, and are risky and costly for commissioners”
Ombudsman blasts council over separation of baby from mother
Council agrees to review its policies, arrange training for staff and pay out £7,000 after heavy criticism from Local Government Ombudsman over removal of young baby from her mother’s care
Largest housing association group in the North East to set up solicitors panel
Welsh Government kicks off search for legal adviser to major infrastructure schemes
Southern Housing Group names 13 law firms to revised legal panels
Pinsent Masons grows turnover 12% to £362m for 2014/15
MAKE YOUR MOVE: Don't miss out on these excellent roles - a number of the closing dates are imminent:
INTERIM ROLES: Prosecutions Lawyer (London), Senior Planning Solicitor - private practice (Yorkshire), Principal Legal Assistant - Public and Planning Law (London), Equal Pay Legal Assistant (West Midlands) and Legal Officer - Property (North West). To see all roles on LGL, click here.
MORE NEWS STORIES....
Renewable energy business fails in challenge over impact of lobbying by MP
Energy company loses High Court challenge in which it claimed that decision to refuse planning permission for wind turbine development was vitiated by bias because of lobbying by local MP
Watchdog slams monitoring failures in public sector land disposal programme
National Audit Office criticises Department for Communities and Local Government over failure properly to monitor programme to sell public land to build potential 100,000 homes
Barristers lose Supreme Court challenge to QASA advocacy scheme
Supreme Court rejects challenge brought by criminal barristers to introduction of Quality Assurance Scheme for Advocates
LGA publishes updated guidance for councillors on gambling regulation
Local Government Association issues revised handbook for councillors on gambling regulation in England and Wales
Institute of Licensing consults on guidance on premises licence conditions
IoL consults members and stakeholders about draft Guidance on Premises Licence Conditions for the Licensing Act 2003
DfE makes £4.5m cash injection to speed up regional adoption agencies
Government to provide £4.5m in funding to help establish regional adoption agencies by end of this Parliament
See all of our most recent news stories
FEATURED SUPPLIER: 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.
New articles on Local Government Lawyer
General counsel in the public sector
Geoff Wild of Kent County Council considers the multi-faceted role of the general counsel in the public sector at a time of great change.
Liberty and the home
David Lawson considers recent judgments on how protection against a deprivation of liberty can interfere with the right to live at home.
Horses for courses
Will the Public Contracts Regulations 2015 deliver on the promise of increased flexibility? Kuldip Dhanoya and Rachel Bickler analyse the key provisions.
Employees who lose tribunal claims
Can it be fair to dismiss an employee for losing a tribunal claim? James English reports on a recent EAT ruling involving a school teacher.
Not in my back yard!
Philippa Plumtree-Varley examines the changes to judicial review and their impact on the development sector.
Costs in children law cases
Jessica Swannell looks at the effect of a recent Supreme Court decision on the liablitity of local authorities to pay a father's costs in placement orders cases.
Establishing successful joint ventures
With joint ventures between the public sector and other organisations increasingly popular, Mark Johnson gives his top tips for making them a success.
CALLING ALL HEADS OF LEGAL: We are conducting a survey on the future of local authority legal departments. If you have not received a link to the questionnaire, please contact Derek Bedlow on 020 7239 4917 or by email.
On our sister publication Public Law Today (external site):
Higher education providers paid £400k in compensation to students in 2014: watchdog
NHS defeats application to register woodland as village green
NHS trust faces group action from 17 families and patients over alleged poor care
Monitor criticises CCG for way it selected preferred provider for adult care contract
Ex-head of complaints and legal services at hospital jailed for stalking, harassment
Councils, RPs and the housing crisis
looks at proposals from the Local Government Association and the National Housing Federation on how to tackle the housing crisis.
James Goudie QC l
ooks at the lessons from the latest Administrative Court decision in relation to Tier 4 Sponsor Licences.
Secondary victim claims: Ronayne
A Court of Appeal ruling on claims by relatives of victims of clinical negligence is an early front runner for the most important tort law case of 2015, writes Charles Bagot
The latest blogs...
Onshore wind goes from amber to red by Angus Walker
This entry reports on more government measures to restrict onshore wind developments.
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 firstname.lastname@example.org
or 0207 239 4917 with details of your areas of interest.
Catch-up on recent articles on Local Government Lawyer:
Adult Social Services: The Court of Appeal on Re X
Alex Ruck Keene
and Sophy Miles
consider the impact of the Court of Appeal’s judgment in Re X
and its comments on the President of the Court of Protection’s bid to streamline procedures for deprivation of liberty cases.
Children: 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.
Children: 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
Community Safety: The new Civil Injunction Order
analyses the courts’ new powers to grant injunctions and the repeal of the ASBI.
Education (on Public Law Today): Part 4 of SEN statements
reviews recent Upper Tribunal decisions in relation to Part 4 of SEN statements.
Employment: TUPE and the Equality Act
A recent Employment Appeal Tribunal ruling suggests that an employee who has objected to a TUPE transfer will generally not have a remedy against the transferee under the Equality Act 2010. Simon Lambert
Employment: Whistleblowing - protected disclosures
The Employment Appeal Tribunal has considered whether an employer had acted fairly in dismissing a council employee who made a disclosure to the Information Commissioner's Office without approval. Helen Hughes
analyses the case.
Governance: 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
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 (on Public Law Today): Human rights defences and possession
analyses the case law in relation to the use of human rights as a defence to an application by the local authority for a possession order.
Housing: The Supreme Court on vulnerability
discusses the Supreme Court's interpretation of vulnerability in relation to homelessness in the three linked appeals of Hotak
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: The Upper Tribunal on invalid decisions
The Upper Tribunal recently concluded that decisions taken by the Secretary of State for Work and Pensions in relation to Employment Support Allowance were so flawed as to be invalid. Morayo Fagborun Bennett
Management: 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.
Planning: Viability of developments
When is a development to be treated as viable? John Pugh-Smith
reports on a planning inspector's conclusions.
Planning: Student accommodation, the NPPF and housing supply
The High Court has ruled on the approach to be taken under the NPPF and PPG as to whether student accommodation should be included in a local planning authority’s housing land supply. Charles Banner
Procurement: Top 5 tricky issues with the Public Contracts Regulations 2015
analyses five “tricky points” arising out of the Public Contracts Regulations 2015.
Procurement: Better contract management
outlines the top five contract management efficiency measures that can deliver savings in existing contracts and be used to future-proof new contracts.
Property: Dedication of a highway and interruption
examines a recent High Court ruling in a case where a landowner claimed that the dedication of a way as a public right of way had been interrupted by its closure over the Christmas period.
Property: LIFT and PFI schemes and payment schemes
Landlords and tenants of premises that have been built using the Local Improvement Finance Trust schemes need to be aware of a recent case involving a local authority that also has interest for landlords and tenants of PFI premises, writes Karen Andrews
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.
Regulatory: Sentencing very large organisations in environmental cases
The Court of Appeal has handed down its first ruling since the coming into force of the Environmental Sentencing Guideline on the sentencing of very large organisations. Chris Gillespie
considers the impact.
|The Importance of Judicial Review
||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
||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.
|Procurement Masterclass - The Tyranny of the "Sausage Machine"
||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
||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
||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
||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
||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
||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
||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.