District apologises after mistakenly publishing draft report urging ministerial intervention at county
LAST CALL: One Legal, the thriving shared service for Tewkesbury, Cheltenham and Gloucester City is hiring a Planning Advocate (£60,000) and a Lawyer - Planning (to £42,474). Closing: 16 January.
District council issues apology after draft version of report published online in error, suggesting that authority should consider asking Communities Secretary to intervene at county council over state of its finances. District claims county could face 'technical insolvency'
Decisions under delegated authority to grant planning permission require reasons: High Court
High Court holds that local government officers granting planning permission under delegated authority are required to give reasons for their decisions, Francis Taylor Building reports
Public law, planning and children barristers well represented among latest QCs
Number of barristers with practices in areas such as administrative and public law, planning, human rights and children cases are among 113 new Queen’s Counsel announced this week
Emergency powers “probably” should not have been used for £300k grant
Chief executive of council accepts that emergency powers should “probably” not have been used to approve £300,000 grant to local law firm, it is reported
MUST-READ: Applications to the Court of Protection and s.21A MCA
When is an application to the Court of Protection under s.21A of the Mental Capacity Act required? Baker J has answered this question and provided some practical guidance in a long-awaited judgment. Claire Leonard
CALLING ALL ADULT CARE LAWYERS: Local Government Lawyer is conducting research in association with LexisNexis: click here for more information (and be entered in a draw for £100 in John Lewis vouchers).
City council wrongly decided child was not in need, High Court judge rules
Birmingham acted wrongly when it decided that child was not in need of accommodation in its area because his mother had recently left London borough
City solicitors and ex-head of chambers set up boutique planning law firm
Team of five leading City solicitors and former joint head of Cornerstone Barristers combine to set up boutique planning law firm (ON PUBLIC LAW TODAY)
LGO criticises councils over failure to support 'family and friends' foster carers
Ombudsman warns authorities after London borough failed for six years to provide support for ‘family and friends’ foster carer who took on three vulnerable children after their mother was unable to care for them
Council threatens legal action over failure to find fertility services provider
Borough council set to renew legal hostilities with its local NHS trust and clinical commissioning group after CCG says it cannot find provider of fertility services
|APPLY TODAY - CLOSING DATES IMMINENT: sign up for the Public Law Jobs job alert:
PRIVATE PRACTICE OPPORTUNITY: BLM is looking to hire a NQ-2PQE Solicitor to join the public sector team in its Birmingham office.
- Tower Hamlets: Deputy Team Leader - Legal Social Care (£48,690 - £51,555). Closing: 15 January.
- Mid Kent Legal Services: Team Leader (Practice Area Lead) Planning (£40,265 – £45,289). Closing: 15 January.
- South London Legal Partnership: Chief Legal Officer ( £68,805 - £72,795 + 10K supp). Closing: noon on 18 January.
- Warwickshire County Council: Solicitor (Childcare) (£40,178 - £45,534). Closing: 18 January.
- Croydon: SEND Tribunal Offcer (£43,380 - £45,213). Closing: 20 January.
- Tri-Borough Shared Legal Services (Hammersmith and Fulham, Kensington and Chelsea and Westminster): Property Legal Officer x 2 (£31,635 - £35,607. Closing: 20 January.
- Bromley: Senior Lawyers x2 - Children & Adult Team (£44,000 - £60,000). Closing: 20 January.
- Southwark: Legal Assistant (£31,635-£37,629). Closing: 25 January.
LOCUM JOBS OF THE WEEK: Head of Legal & Democratic Services (East of England) and Senior Contracts Lawyer (London).
National park to hire for legal services and monitoring officer duties
City solicitors and ex-head of chambers set up planning law firm
Lincoln House barrister prosecutes trademarks case for NW council
MORE NEWS STORIES
Communities Secretary confirms King as new Local Government Ombudsman
Chief executive and Deputy Ombudsman appointed as LGO, succeeding Dr Jane Martin.
Supreme Court to rule on disability discrimination and public services
Panel of seven justices will next week hand down key ruling on reasonable adjustments which bus company is required to make to accommodate disabled wheelchair users
NHS manager and IT services provider jailed over payments for contract
Informatics manager and IT services provider jailed for corruption scam at Royal Surrey County Hospital NHS Foundation Trust
Ward councillors fear planning system weighted in favour of developers
Many ward councillors believe that planning system in England works in interest of developers over councils and local communities, research for National Trust carried out by LGiU finds
See all of our most recent news stories
MORE NEWS STORIES
Liberty crowd funds for legal challenge to Investigatory Powers Act
Liberty seeking to raise £10,000 through crowd funding for High Court challenge over Investigatory Powers Act, which human rights group has dubbed a ‘Snoopers’ Charter’
Inquiry into Child Sexual Abuse appoints Altman as new lead counsel
Independent Inquiry into Child Sexual Abuse names 2 Bedford Row silk as its new lead counsel, following resignation of Ben Emmerson QC
Senior judges confirm backing for Briggs reforms to civil courts
Senior judiciary led by Lord Chief Justice and Master of the Rolls confirm support for recommendations made by Lord Justice Briggs for reform of the civil courts
This week's analysis
Termination clauses and the Public Contracts Regulations 2015
This LexisPSL Local Government article, produced in partnership with Mark Bassett of Dentons addresses the question of whether contracting authorities need to redraft their standard termination clauses for contracts subject to the Public Contracts Regulations 2015.
Outline applications for planning permission
How wide is the scope of an outline application for planning permission? John Pugh-Smith looks at the issues.
Estate regeneration and the right to buy
A High Court judge recently dismissed a legal challenge over a Cabinet’s authorisation of the redevelopment of a large housing estate. James Goudie QC explains the ruling, including an important issue in relation to the Right to Buy.
Neighbourhood plans – here to stay
Martin Edwards provides an update on the growing significance of neighbourhood plans.
Section 20 and accommodating children in need with their grandparents
The Court of Appeal recently considered the issue of whether local authorities are required to fund placements of children with relatives where the child’s parents are, for whatever reason, unable to look after them. Andrew Swarland reports.
Discrimination arising from disability
A recent Employment Appeal Tribunal ruling in a case involving a school run by a city council should act as a warning for employers, writes Eleanor Boyd.
The Care Act and the need for accommodation
The High Court has confirmed that a need for accommodation alone does not amount to a need for care and support under the Care Act 2014. Eleanor Sibley examines the ruling.
Ten predictions for infrastructure planning in 2017 - by Angus Walker
As is now traditional for the first post of the year, here are some predictions for 2017 in infrastructure planning.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: The Court of Appeal on state imputability and 'private' deprivations of liberty
A local authority has successfully resisted a Court of Appeal challenge brought by the Justice Secretary in a state imputability case. Nageena Khalique QC
explains the ruling.
Adult Social Services: Who pays (No 2)?
looks at personal injury damages and after-care services under section 117 of the Mental Health Act 1983.
Adult Social Services: The meaning of 'ordinary residence'
LexisPSL Local Government
, in partnership with Jonathan Auburn
of 11KBW, discuss the meaning of and tests for ‘ordinary residence’
Adult Social Services: DoLS and public protection
Alex Ruck Keene
examines a judgment highlighting the tensions inherent in depriving someone of their liberty in reliance upon Schedule A1 where the primary reason is not to safeguard them against harm but the public against harm.
Adult Social Services: Participation of P
The Court of Protection team at 39 Essex Chambers and Nicola Mackintosh QC
examine a recent case on the participation of P in proceedings before the CoP.
Children: Age assessments and dental development
The Upper Tribunal has given general guidance on the use of evidence of dental development in age assessment cases. Joshua Swirsky
explains the ruling.
Children: Criticism of witnesses
A social worker and a police officer who were witnesses in child protection proceedings appealed after they were subject to criticism by the judge. Laura Briggs
reports on the outcome.
Children: Radicalisation and state intervention
examines a recent High Court ruling on parents’ extreme religiously motivated views and whether the state should intervene
Children: Data protection claims arising out of adoption
looks at the issues raised where a local authority faces a damage claim over the disclosure of confidential details about adopters.
Community Safety: Before its time?
Can a local authority use the Anti-social Behaviour Crime and Policing Act 2014 in relation to incidents that occured before the Act commenced? Jonathan Manning
Dispute Resolution: Defending a claim for judicial review
This LexisPSL Public Law
checklist, produced in partnership with Stephen Hocking
of DAC Beachcroft
highlights the key steps and considerations for defending a judicial review claim including preliminary assessment, acknowledgement of service and skeleton arguments.
Dispute Resolution: Commencing proceedings and limitation
A recent decision serves as a timely reminder of the strict approach of the Court to the rules surrounding service of proceedings and limitation, writes Sharon Dysart
Dispute Resolution: Obvious risks and occupiers' duties
The Court of Appeal recently allowed an appeal by a local authority over an order that it should pay compensation to a claimant injured in a public park. David Williams
examines the case.
Dispute Resolution: Experts out of bounds
A recent public law children's case is a reminder of the need to be careful about over-dogmatic experts. The Court of Protection team at 39 Essex Chambers
Education: Grammar schools: back to the future?
reviews recent evelopments in relation to grammar schools, including the Government's latest proposals.
Education: Segregation of sexes in school
What are the obligations of schools under the Equality Act 2010? Mark Blois
talks to LexisNexis
about how a recent high-profile court case has made no change to the core obligations schools are under.
Education: SEN statements and choice of school
What should happen when parents cannot agree on the choice of school in a statement of Special Educational Needs? Joanne Clement
looks at recent guidance from the Upper Tribunal.
Employment: Officers, relatives and apparent bias
A High Court judge has found decisions tainted by apparent bias where an officer’s husband worked for a rival developer. John Hunter
Employment: Reforms to IR35 for public sector engagers
and Ben Watson
examine the latest developments in relation to the intermediaries rules and the public sector.
Governance: Devolution and local growth: borrowing powers
There have been suggestions that next week's Autumn Statement may deliver greater flexibility for combined authorities when it comes to borrowing. Judith Barnes
looks at the benefits this would bring.
Health: The power to commission PrEP
A Court of Appeal ruling that NHS England had power to commission the anti-retroviral drug PrEP will be welcomed by councils. Monica Blades-Chase
explains the judgment.
Housing: Moving on out
The Court of Appeal has upheld a ruling on whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended. Justin Bates
sets out the background to the case.
Housing: Out of the Blue
looks at the ramifications for social landlords' use of suspended possession orders after the Court of Appeal's decision in Cardiff County Council v Lee.
Housing: The bedroom tax in the Supreme Court
The Supreme Court has handed down its much-anticipated ruling over the so-called 'bedroom tax' or 'spare room subsidy'. John Fitzsimons
analyses the outcome.
Housing: Housing benefit, exempt housing and ‘unreasonably high’ rent
What should housing benefit authorities consider when assessing whether eligible rent for 'exempt' housing is 'unreasonably high'? Jonathan Manning
and Sarah Salmon
report on a recent Court of Appeal ruling.
Information Law: New directions for Article 10
The European Court of Human Rights has reversed the Supreme Court’s ruling in the Kennedy case on rights of access to information. Richard Clayton QC
Information Law: The value of FOI
LexisPSL Public Law
speaks to Adam Chapman
, partner and head of public law at Kingsley Napley, about the potential expansion of the UK’s freedom of information (FOI) regime.
Information Law: Stay ahead of data protection trends
It has been a busy year for anyone looking to stay on top of data protection and privacy law. What are the key risks and developments that public authorities should be keeping in mind going forward? Andrew Gallie
Licensing: The Alchemist of the North
A recent court case has provided a reminder that cumulative impact policies should generally act as a filter and not a bar, writes Philip Kolvin QC
Licensing: Shisha smoking – a hot topic
looks at Westminster City Council's approach to controlling shisha smoking and reports on an appeal where the authority has sought to use planning legislation.
Licensing: Licensing and Planning
The operation of premises for licensable activities requires both planning and licensing authorisations. There will be overlaps as issues such as noise nuisance may be considered by both planning and licensing committees when deciding whether to grant authorisations and any conditions to be attached. Prof Roy Light
Licensing: Fabric – a rollercoaster ride of a case
Well-known nightclub fabric recently managed to stay in business after settling its appeal against Islington Council's decision to revoke its premises licence. Paddy Whur
, who acted for fabric, sets out how.
Management: Better than ever
, head of EMLawShare, sets out the highlights from the legal services consortium's fifth conference.
Planning: Down to basics!
A High Court judge has recently considered a question about the extent to which subterranean development can be carried out relying on the current regime of permitted development rights. John Pugh-Smith
analyses the case.
Planning: Still defying the conventions? Planning and human rights in 2016
The Courts have just considered the first challenge to a neighbourhood planning on human rights grounds. The plan survived but the case served as a timely reminder of a body of law that has enduring relevance to planning, writes Sue Chadwick
Planning: Retail conditions and redevelopment
The Court of Appeal has rejected a legal challenge to a retail condition relating to the redevelopment of a town centre. James Maurici QC
Planning: Using planning conditions
examines a recent Government consultation on improving the use of planning conditions and looks at the Law Society’s response.
Procurement: Local aid is not State aid
examines how local authorities can provide local aid without falling foul of rules on state aid.
Procurement: Trends in procurement
Procurement law continues to develop apace. David Hansom
and Robert Prater
highlight two significant cases over the past 12 months.
Procurement: Fat finger syndrome - demolished!
How should contracting authorities respond when tenders are submitted accidentally, say with the wrong information. Helen Prandy
considers a recent Scottish case.
Projects: Time for a review?
provides some top tips on how local authorities can go about evaluating the effectiveness of their alternative delivery vehicles.
Projects: Regeneration X: Failed CPOs
The Communities Secretary earlier this month refused to confirm a compulsory purchase order for a key regeneration scheme in London, prompting Southwark Council to announce a judicial review challenge. Simon Ricketts
analyses the minister's decision.
Property: Clarity and conduct
The RICS has issued a new edition of its dilapidations guidance note. Sarah Pope
examines the key changes.
Property: The rise of the place shapers
Chris Plumley examines the resurgence in public sector real estate.
Property: CPO land referencing
Compulsory purchase order land referencing just got a whole load easier, writes Chris Skinner
Regulatory: Accidents and control of premises
and Lewis MacDonald
analyse a recent case where the Health & Safety Executive brought proceedings against the freeholders of commercial properties where accidents had occurred.
Transport & Highways: Standards of highway maintenance
This LexisPSL Local Government
article, produced in partnership with Nicholas Hancox
of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
Transport & Highways: Statutory incompatibility and deemed dedication of highways
analyses the application of statutory incompatibility to deemed highway dedication following recent developments on such legal principle in a number of village green cases.
|Governance changes introduced by the Localism Act 2011
||This webinar looks at key elements of the Localism Act 2011 as they affect and reform the governance of local authorities, including the General Power of Competence, Standards, community empowerment, elected mayors and assets of community value.
|Delegation of Functions
||What problems can local authorities encounter with their schemes of delegation? And what to do if things go wrong? Matt Hutchings looks at the case law.
|Governance for Local Authorities
||This webinar provides an overview of the governance structures of local authorities, their legal underpinnings and the way that they function in practice.
|Brexit, Social Care and Housing
||This presentation looks at how the status of EEA nationals in the UK will be affected by the relationship the UK finally chooses with the bloc and how this will affect their entitlements to support and housing and the obligations owed by local authorities
|How will Brexit affect domestic planning and environmental law?
||This webinar assesses how planning and environmental law and related areas may be affected by the UK’s exit from the European Union.
|How will Brexit affect public procurement and state aid?
||This presentation looks at the possible effects on Procurement and State Aid law of the UK’s decision to leave the European Union, before, after and during the process of withdrawal.
|Local Government Law Update 2016
||Recorded in April 2016, 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.
|CIL and Planning Obligations
||This presentation considers the past, present and future of the Community Infrastructure Levy in the light of forthcoming reforms to the regime.
|Bringing Forward Development
||Will forthcoming changes to the NPPF, permitted development rights and the Housing and Development bill shift power towards or away from Local Planning Authorities?
|Old and New Means of Development
||This course looks at the various measures being introduced by the Housing and Planning Bill to make development happen beyond the conventional planning permission system.
|The LLG Competency Framework
||To assist local authority solicitors to comply with the new CPD regime, the Lawyers in Local Government group has produced a new competency framework. Helen McGrath, Development Officer for LLG, outlines the main features of the framework and explains how
|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