Editor's blog: Once more unto the breach
So, just how much has the Information Commissioner's Office handed out in fines over the last 12 months? Read more...
Jobs update: The closing date for this Senior Childcare Lawyer role at the London Borough of Southwark is fast approaching (22 October). Check out our jobs board for the latest opportunities!
NEED CPD? Why not try Local Government Law.tv? Our sale has been extended: courses start from just £14 + VAT and don't forget that your first course is free! 12 months unlimited access is just £199 + VAT. Click here to see the full catalogue.
Unlimited access corporate subscriptions are now available, starting at just £495 + VAT for districts and smaller teams and £995 + VAT for larger legal departments. Subscriptions include free access to relevant material for your client departments. For further details, please contact Derek Bedlow on 0207 239 4917 or email email@example.com.
New courses due in the next few weeks include content on outsourcing, fostering and adoption, the Community Infrastructure Levy, mediation, shared services, child protection, redundancy, village greens and the NPPF. Other forthcoming content includes a webinar on resources and community care as well as updates on procurement and judicial review and a series of practical litigation courses including webinars on disclosure and preparing for trial.
District council stands down entire planning committee amid judicial review fears Action taken after barrister advises supermarket decisions were unsound
Court of Appeal overturns ruling in dispute between councils over after-care services Case centred on which authority was responsible for providing s. 117 MHA services
Watchdog blasts inadequate sanctions in local government standards regime Committee on Standards in Public Life says framework is "inherently risky"
Renewables giant to bring judicial review action over wind turbine distances RWE nPower takes on Milton Keynes Council over minimum separation distances set out in supplementary planning document
ICO audits reveal governance failings in local authority data protection Just one in 19 councils provided highest level of assurance
ICO issues first fine against charity for data breach Norwood Ravenswood fined £70k after highly sensitive papers left outside house. See also: Charity hits out at ICO fine for data breach and reserves right to appeal and Greater Manchester police handed £150k fine over data breach
Court of Appeal rows back on introduction of 10% increase in general damages Insurers body wins re-opened case
Tribunal dismisses bid to get board minutes for South West One via FOI Minutes had been received by police authority in confidence
Districts attack plans for forced renegotiation of s. 106 obligations District Councils Network questions presumption that obligations agreed before 6 April 2010 had made development unviable
DCLG to consult on removing restrictions on use of temporary stop notices Further details on Communities Secretary's plans to give more power to stop unauthorised traveller sites
District to defend JR over decision to suspend live animal movements at port Claimants are Dutch-based companies and sole trader
LGO pans council for wrongly launching adult protection investigation Considerable injustice caused to man as a result of "unnecessarily and unreasonably prolonged" investigation
Council agrees to £7,000 payout after delays in issuing SEN statement Delays prevented mother from appealing to tribunal. Local authority also did not make the provision specified
SRA launches research project on in-house legal practice
Town council fails in High Court challenge to new parking scheme
Law Society latest to put boot into "disproportionate" QASA advocacy scheme
District Council fends off appeal over refusal of taxi licence
See all of our most recent news stories
New articles on Local Government Lawyer
Dispensations and Dispensations
Just as there are different species of dog and cat, so there are different species of dispensation. For whilst there are dispensations, there are of course also.... dispensations. Nicholas Dobson explains.
Getting data destruction right
A failure to destroy sensitive data securely can put public bodies at risk of hefty fines from the Information Commissioner's Office. Alison Deighton sets out how they should go about it.
Late nights and early mornings
The regulations covering the late night levy and early morning restriction orders have finally been published. Andy Grimsey reviews what they say.
A perfect match?
Kent County Council recently launched what is thought to be the first county-wide Local Authority Mortgage Scheme. Hilary Palmer explains how it was put together.
Local authorities and international adoptions
Ayeesha Bhutta analyses local authorities' duties and the potential pitfalls they face in cases of international adoption and children being brought illegally into the UK.
To disclose or not to disclose
The Court of Appeal has provided important guidance in cases where it is contended that sensitive information should not be disclosed to one party because of its potential impact on another. The ruling is relevant to Court of Protection as well as family cases, write barristers at 39 Essex Street.
The risks of surrendering?
How should local authorities approach surrendering leases? Phil Lawrence sets out some top tips.
Trial and error
The Planning Inspectorate has reinstated its compensation scheme for costs caused by its errors. Richard Harwood explains the background to the decision.
Featured Courses on Local Government Law.tv
All courses are CPD-qualifying. Your first course is FREE.
All courses now also available on DVD
Judicial Review and Governance This course assesses the effect of recent judicial review cases on the local authority decision-making process, with particular reference to funding decisions and challenges to development plans.
Public Service Mutuals - Understanding the Legal Implications This webinar examines the features of public service mutuals, the motivations for setting one up and what the key legal and practical issues are for local authority teams who are called upon to evaluate the proposals.
The Court of Protection: Three Practical Problems This course looks at three particularly difficult situations that commonly arise at the Court of Protection and outlines some of the approaches that local and health authorities can take to best try to resolve them.
The Police Reform and Social Responsibility Act The purpose of this course is to provide a general overview of the new provisions to enable licensing authorities and industry lawyers and operators to begin to prepare themselves for the impending changes.
The Localism Act 2011 and Housing: Homelessness New powers for local authorities to deal with homelessness are being introduced through the Localism Act. This course looks at the main changes to local authority duties and powers and assesses how these are likely to be deployed.
Working Together in Waste Explained This webinar looks at the main potential structures of waste partnerships, their advantages and disadvantages and some of the commercial issues, taken from real-life experiences of advising on these arrangements, that commonly arise.
The Licensing Act 2003 This course looks at the powers available to licensing authorities, the process by which these powers should be exercised and the avenues for licensees to challenges decisions made by licensing committees.
Unlimited access for 12 months Unlimited access to all online content on Local Government Law.tv for just £199 + VAT with the option to add a full day LGG course for £150 +VAT, covering all of your annual CPD needs for less than £350 (+VAT).
Click here to see all courses on Local Government Law.tv (96)
The latest blogs...
New Planning Act infrastructure categories - your views, please by Angus Walker
The Government is considering making amendments to the Planning Act to bring new types of development within it - specifically "new categories of commercial and business development". So what should they be?
And some you may have missed....
Adult Social Services: Recovering social care debt Caroline Sanders
analyses some of the legal complexities that can affect a social care debt recovery case, such as the overlap with care provided under mental health legislation, NHS funded continuing healthcare, deprivation of assets and estate administration.
Children's Services: Tackling finance leases
Mis-sold finance leases for IT equipment and the like can leave schools with huge debts. Alex Kynoch
sets out what they and local authorities can do about the problem.
Community Safety: The failure to stop disability harassment
The European Court of Human Rights has recently ruled that a state's failure to stop disability harassment amounted to inhuman treatment. Maria Roche
analyses a very significant ruling.
Employment: Roll on, roll off
In a move intended to end the 'don't ask, don't tell' approach to off-payroll appointees and contractors, Government departments now have more power to ensure that the tax obligations of their contractors are satisfied. Danielle Kentish
and Richard Burgess
explain the issues.
Governance: Mind the (surveillance) gap
Will local authorities continue to be able to do 'non-RIPA surveillance'? Ibrahim Hasan
considers its lawfulness.
Housing: Stock control
A recent Court of Appeal ruling on human rights and defences to possession will give registered providers better control of their stock, says Sian Gibbon
Licensing: Representation of the people Andy Woods
looks at the increasing number of representations made against betting premses licence applications and questions whether many of the representations are in fact invalid.
Litigation: The battle against insufficient occupation
A recent High Court case looks set to change the way local authorities assess what amounts to sufficient commercial property occupation in order for businesses to secure rates exemptions. Andrew Rogers
Planning: The stuff of dreams
A plan to regenerate the famous Dreamland site in Margate shows the usefulness of a key power in the Town and Country Planning Act 1990, writes Martin Edwards
Procurement: Development agreements and the EU procurement rules - once again
A new line of attack was attempted in a recent High Court case on the issue of development agreements and the EU procurement rules. Nathan Holden
and Stephen Pearson
examine the judgment.
Projects: In development
The Supreme Court has issued an important ruling on the interpretation of development plan policies, writes John Bosworth
Property: It's our asset and we'll bid if we want to
The Government's regulations on the Community Right to Bid - particularly in relation to compensation - will have a massive impact on the vast majority of local authorities, warns Olwen Dutton
Regulatory: A health and safety sentencing tool-kit Ben Mills
sets out a tool-kit for defence and prosecution lawyers that will establish the foundation for quality advocacy at health and safety sentencing hearings.