Local Government Lawyer
DON'T MISS OUT: The closing dates for some of these great roles are imminent: JUST IN: Surrey County Council is looking for a Paralegal - Trading Standards.
NEXT WEEK: Tanfield Chambers: Junior Landlord & Tenant Law Conference 2015 - 16 October - London. An excellent opportunity for junior lawyers to consolidate their knowledge of the law.

Mixed outcome for councils as EU court rules on property search charges
Local authorities not permitted under EU law to include in amount they charge property search companies for supplying environmental information any part of cost of maintaining databases, Court of Justice of the European Union rules

Senior family judge issues guidance on radicalisation cases
Guidance from President of the Family Division, Sir James Munby, follows increase in cases where there are allegations or suspicions of plans to travel to IS-controlled parts of Syria, or children at risk of radicalisation or of being involved in terrorist jurisdiction
Ombudsman in warning to councils over contracting out and accountability
Following investigation into adult care payments case, LGO issues reminder to councils that although they can contract out services, they remain responsible for the quality of any service those contractors provide, and for addressing any complaints users may have
Watchdog issues Welsh council with data protection enforcement notice
Local authority hit by Information Commissioner's Office with enforcement notice requiring it to improve its data protection practices

Councillors at local authority in Cumbria agree to boundary review
Councillors at Copeland Borough Council back plans to ask the Local Government Boundary Commission to review its boundaries. See also: Borough welcomes Boundary Commission view on having 18 fewer councillors London council welcomes announcement by Boundary Commission that it is minded to recommend that borough should have 18 fewer councillors than its current 63

Judge rules it not unlawful to withdraw medical support from 11 year old
NHS Trust obtains declaration from High Court that it would not be unlawful to withdraw medical support devices that are effectively keeping 11-year-old boy alive (on Public Law Today)

Man jailed for second time for breaching anti-social behaviour injunction
Bristol man has been jailed for three months for persistently breaching an anti-social behaviour injunction

The Legal Department of the Future

THE LEGAL DEPARTMENT OF THE FUTURE PROJECT: We are conducting a survey of public sector lawyers looking at how changes to the structure of legal teams are affecting lawyers' career and development prospects and their morale and attitudes in general. It also aims to identify what steps employers can take to address any concerns that emerge. We would therefore be very grateful if you could spare around 15 minutes to complete the survey.

The link to do so is: https://www.surveymonkey.com/r/ldof. All participants will be entered into a draw to win £100 of John Lewis vouchers in time for Christmas. Questions are not compulsory and the results will be published only in aggregated and anonymised form. You do not need to provide your contact or other details on the survey if you wish.


Ten firms named to Oxfordshire authorities legal services panel
Southwark puts £1m+ residential conveyancing contract up for grabs 

JOIN A TRUE PIONEER: Legal Services Lincolnshire is recruiting: Principal Lawyer - Commercial Property (£47,517 - £52,297); Senior Lawyer - ChildcareSenior Lawyer - Commercial/ContractSenior Lawyer - PlanningAdult Care and Health LawyerCivil Litigation LawyerProsecutions LawyerEducation LawyerPlanning Lawyer; and Commercial/Contract Lawyer. Relocation expenses available. Closing: 19 October.

APPLY TODAY (Click here to see all posts and here to sign up to our job alert):


Council rapped for year-long delay in determining homelessness application

Local Government Ombudsman sharply criticises London borough after it took more than a year to determine homelessness status of woman with mental health needs

Nplaw helps Welsh council secure CPO for Grade II* listed hospital complex
Norfolk-based public sector legal practice nplaw helps Denbighshire County Council obtain compulsory purchase order for Denbigh Hospital, a Grade II* listed complex of buildings set in over 20 hectares of parkland

Councils to be able to retain 100% of business rates in finance overhaul
Local government to be able to retain 100% of local taxes including business rates by the end of this Parliament with the core grant being phased out, Chancellor of the Exchequer announces

Ministers and housing associations hail deal over Right to Buy
Government strikes deal with housing associations and the National Housing Federation over voluntary extension of Right to Buy

Extending Right to Buy to housing associations to cost £6bn, research claims
Extending the Right to Buy scheme to housing association tenants will cost £6bn over next four years, research for the Local Government Association suggests

Report claims ‘one-party councils’ may miss out on procurement savings
Weak electoral accountability in ‘one-party councils’ may lead to substantially higher corruption risks and lower price savings from procurement, report for the Electoral Reform Society claims

Licensing enforcement team at Hackney seizes 38 illegal gambling machines
Working alongside police and Gambling Commission, council offers take away machines at seven businesses

See all of our most recent news stories
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New articles on Local Government Lawyer

Deprivations of liberty and the streamlined procedure: the latest
Is the stream-lined procedure for dealing with certain deprivation of liberty cases back on track? Nicholas O'Brien analyses a recent ruling by the Vice-President of the Court of Protection.

Charging ahead under the EIR
Christopher Knight examines this week's key Court of Justice of the European Union ruling on local authorities' ability to charge for providing environmental information.

Does Article 8 survive adoption?
Do natural parents have post-adoption Article 8 rights? Keith Hollis reports on a recent Family Division ruling.

Game of Mayors
Paul Feild analyses how accountability and standards can be upheld as the Government promotes power-house “regionalocalism”.

Building more 'low-cost' homes
David Cameron has announced proposals to help the Government reach a target of building 200,000 more ‘low-cost’ homes for first-time buyers in the next five years. Charles Felgate discusses what this may mean for developers and local authorities.
Residential service charge challenges: Court or Tribunal?
Errors by the court have left a tenant in difficulties in a recent residential service charge challenge, reports Karl Anders.

Sexual harassment and universities
What are universities' legal obligations when it comes to tackling sexual harassment on campus? Holly Stout reports. (on Public Law Today) 

Marine licensing and recovery of cases
Lara Moore examines a new power of recovery for the Secretary of State in relation to some marine licence applications, and the opportunity it brings for local planning authorities.

Procurement reform and social landlords
David Baybut examines the key changes for social landlords arising out of the new procurement rules and the attraction of joining frameworks. (on Public Law Today) 

The latest blogs...
Osborne to set up National Infrastructure Commission by Angus Walker
This entry reports on the Chancellor's plans for a National Infrastructure Commission.
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 derek.bedlow@localgovernmentlawyer.co.uk or 0207 239 4917 with details of your areas of interest.
Been away? Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: The role of supervisory bodies
Are supervisory bodies meant to be detached authorisers or proactive investigators? The Court of Protection team at 39 Essex Chambers analyse a recent ruling on the issue.

Children: Cases of Fabricated or Induced Illness
Kate Grieve provides a guide to cases involving Fabricated or Induced Illness (FII) and the many factors to be considered and analysed by practitioners, experts and judges in these complex proceedings.

Children: Vulnerable parties, witnesses and children in the family courts
With a consultation on new rules having just closed, Amanda Johnson and Kate Tompkins provide a useful reminder of the factors to be taken into account when approaching the multiple problems arising from cases involving vulnerable witnesses.

Community Safety: Gangbos and Article 6
Samantha Broadfoot examines a landmark decision on the compatibility of “Gangbos” with Article 6 of the Human Rights Act.

Education: Trojan Horse and the use of banning powers
The Department for Education has used its banning powers for the first time in a case arising out of the 'Trojan Horse' affair. Keri Tayler analyses the decision.

Education: School transport and indirect discrimination
Nicola BennisonTrish D’Souza and Emma Cullen look at the lessons from a successful judicial review challenge against a council’s home to school transport policy.

Employment: Ill health and TUPE transfers
A recent Employment Appeal Tribunal ruling indicates that employees absent due to ill health might not TUPE transfer, writes Phil Allen.

Employment: Employers and the Fit for Work scheme
Be careful – the Fit for Work scheme does not absolve the employer from its responsibilities, writes Victoria Duddles.

Governance: Protecting the reputation of the council
Athelstane Aamodt considers attempts by local authorities to protect their reputation and analyses a recent European Court of Human Rights ruling.

Governance: False statements and election law
Athelstane Aamodt looks at the issues where false statements are made about an election candidate.

Healthcare: Section 49 reports – the thorny issues
Alex Ruck Keene considers some of the issues arising out of the responsibilities to provide s. 49 Mental Capacity Act reports.

Healthcare: Conditional discharge and deprivation of Liberty – sanity prevails
An Upper Tribunal judge has handed down a key ruling on conditional discharges and deprivations of liberty that has wider implications. The Court of Protection team at 39 Essex Chambers report.

Housing: Imposing conditions on selective licences
The Upper Tribunal has made some significant clarifications to the scope of conditions that can be imposed on selective licences. Matthew Paul sets out the key conclusions.
Housing: Drones and the housing sector
The use of drones in the housing sector raises data protection concerns, argues Daniel Milnes.

Housing: Register of Assets - whose land is it anyway?
Kary Withers, Simon Day and Aaron Macauley examine the recently introduced requirement for registered providers to maintain a register of their assets.

Information Law: Facebook, social networks and the need for RIPA authorisations
Ibrahim Hasan looks at the key issues where public authorities use social media as part of their investigations.

Information Law: Commercial interests and FOIA
When it comes to commercial interests, where does the balance lie under the Freedom of Information Act? Helen Prandy looks at a recent First-Tier Tribunal ruling.

Licensing: Local policy making under the Licensing Act
Paddy Whur looks at localised issues such as the length of time allowed at hearings, applicants and authorities not being allowed to ‘finesse’ applications, and Cumulative Impact Polices.

Litigation: Litigation capacity – what to do (and not to do)
A recent Court of Appeal child care case has emphasised the need for robust capacity assessments where mental capacity is in doubt. The Court of Protection team at 39 Essex Chambers reports.

Litigation: Responsibility for floodlights
Elizabeth Bower examines a judge’s rejection of a personal injury claimant’s contention that two councils had a duty to maintain a floodlight under a bridge.

Litigation: Harassment and injunctions
Wesley O'Brien and Jonathan Moore review a recent example of the court's approach to what amounts to harassment in the context of communications with, and criticism of, local authority members and staff

Management: Reviewing legal services expenditure
Helen Edwards looks at the steps public sector bodies can take to get the most out of their spend on legal services.

Planning: Challenges to neighbourhood plans
What implications do recent legal challenges have for neighbourhood planning? Hereward Phillpot QC explains.

Planning: Tackling unviable statutory ports and harbours
Lara Moore examines the difficulties for councils in running unviable statutory ports and harbours and a recent Department for Transport consultation on harbour closure orders.

Planning: Winds of change in Wales?
Clare Parry examines the implications of the DECC’s recent decision to reject applications for wind farms and a power line in Mid Wales.

Planning: Decision makers, development plans and findings
Christopher Lockhart-Mummery QC highlights the key issues arising out of a High Court ruling that quashed the Secretary of State’s dismissal of a developer’s appeal.

Planning: The interaction between the planning and licensing regimes
A recent ruling serves as a useful reminder to food and drink retailers not to place undue reliance on the licensing regime to assist in obtaining planning permission, writes Matt Gilks.

Procurement: Errors in EU procurement
A recent investigation identified widespread errors in EU procurement. Ian Tucker considers the consequences, including the prospect of funds being withdrawn. 

Procurement: Procurement challenges - a step change?
The fast moving pace of procurement litigation continues with a key ruling in a case where the Court adjusted the scores from an evaluation process, leading to a different result, writes David Hansom.

Procurement: Concession contracts: what's new?
Tim Care and Melanie Pears look at what a public concession contract is and recent changes made to the applicable procurement regime.

Projects: The slow burn of PF2
Tiffany Cloynes looks at the take-up of PF2 and its use in the education sector in particular.

Projects: PFI ‘good faith’ obligations under scrutiny
The Technology and Construction Court has recently issued a ruling on a 'good faith' obligation contained in a PFI contract where a local authority was one of the parties. Leah Horn examines the judgment.

Property: Time to reconsider the asset register
A High Court judge recently considered whether a council had undertaken the appropriation process correctly. Antonia Murillo reports on the outcome.

Property: Residential service charge recovery
Steven Eccles reviews two important rulings affecting the recovery of residential service charges by local authorities and housing associations.

Property: Top 3 property litigation Q&As
The LexisPSL Local Government service regularly publishes Q&As on property litigation. Here are three of the most popular.

Property: When is 'enough' legally enough?
John Pugh-Smith looks at the application of s.9 of the Limitation Act 1980 to a belated High Court claim to force a local authority to refer a compulsory purchase compensation dispute to the Upper Tribunal.

Property: Listed building prosecutions: a practical guide
Jack Smyth sets out the pitfalls that local planning authorities should avoid when bringing listed building prosecutions.

Transport: State aid and community transport organisations
A recent European Commission decision about alleged State aid in the form of grants from local authorities to community transport organisations is useful reading for those seeking to rely on the exemption for funding for services of general economic interest. Edward Reynolds reports.
Name Price (ex-VAT)   Description
Implementing the Care Act: Legal issues for local authoritie £25.00 This presentation looks at potential consequences of a number of key aspects of Care Act 2014 and outlines how local authorities can avoid or mitigate the potential issues it creates.
The Importance of Judicial Review £25.00 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 £25.00 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 £25.00 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" £25.00 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 £25.00 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.

Rotherham Council

Rotherham Council
Assistant Director Legal Services and Monitoring Officer

Surrey County Council

Surrey County Council
Paralegal - Trading Standards

Borough of Poole
Borough of Poole
Legal Services Team Leader (Adult and Children Social Care)
Stockport MBC

Stockport Council
Social Care Lawyer

London Borough of Southwark
Planning Lawyer

Nottingham City Council
Senior Information Officer (Assurance)

South Kesteven
Planning/Property Lawyer

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