www.localgovernmentlawyer.co.uk - unique visitors in January: 34,646.
JOBS OF THE WEEK: Trowers & Hamlins is hiring an Associate/Senior Associate in London or Birmingham and a Solicitor in London for its leading public sector commercial practice.
The closing date for the following roles at Kent Legal Services is today (20 March): Lawyer - Planning and Highways, Lawyer - Employment and Education, and Lawyer - Contracts and Procurement. Kent is also looking for Solicitors/Barristers - Social Services (to £55,591; closing: 3 April).
Supreme Court quashes council decision over offer to homeless mother of housing 50 miles away
Judges unanimously uphold appeal by mother of five over London borough’s offer of accommodation 50 miles away near Milton Keynes. Council argued that it had discharged its duty when she turned housing down
Councils agree action plan for waste partnership after reports on £2.8m overspend and procurement breaches
Action plan to improve governance and financial management after reports into overspend and breaches of legal requirements in relation to tendering of vehicle hire business contracts
Judge hits out at Court of Appeal over order in deprivation of liberty case
High Court judge accuses Court of Appeal of apparently taking a “procedurally impermissible route” and making a consent order that was ultra vires, in legal proceedings over whether woman looked after at home had been deprived of her liberty
Budget 2015: key policy decisions by practice area
Local Government Lawyer sets out some of the key policy decisions in the Budget announced by the Chancellor of the Exchequer. See also: Budget 2015: reaction from the sector
Leisure services provider and council settle dispute over £120m procurement
Dispute over award of concession contract ends after pre-trial mediation
Council loses Supreme Court appeal in rights of way battle with trail riders
Court rejects – by a 3-2 majority – county council’s appeal over whether applications by motorcyclists to upgrade rights of way complied with relevant statutory requirements
Supreme Court to hear battle among councils over 'ordinary residence'
Dspute involving four local authorities over the ‘ordinary residence’ of severely disabled person lacking capacity
DCLG in guide for housing officers on tackling bad practice in rented sector
Government publishes guidance for local authority housing officers on how effectively to tackle bad practice in the private rented sector and build cases for prosecution. See also: DCLG issues best practice guide on enforcement of new licensing regime for mobile home sites
DON'T MISS OUT! An innovative unitary authority, Wiltshire Council is hiring: 2 x Planning Lawyers; 2 x Commercial / Property Lawyers (at least one will be a dedicated property lawyer); a Civil Litigation Lawyer; a Childcare Lawyer; and a Lawyer within the Adult Care team.
Other organisations recruiting on LGL this week are:
TOP INTERIM ROLES: Interim Legal Services Manager, Senior Property Lawyer, Senior Childcare Lawyer and Senior Commercial Property Lawyer. To see all roles on LGL, click here.
MORE NEWS STORIES....
Consultant drops multi-million pound claim against council over waste project
Proceedings against Scottish council over waste management project and 'gain share' payments ended just weeks before case was due to go to trial
Supreme Court - by majority - finds benefit cap regulations were lawful
2012 regulations implementing ‘benefit cap’ found to be lawful despite the fact that it affects more women than men. But majority of judges criticise failure to meet UN convention on rights of child
HSE prepares ground for legal services contract worth up to £4.5m
Health and Safety Executive issues prior information notice in relation to establishment of framework agreement for provision of enforcement legal services
Council loses High Court battle over siting of rail freight interchange
Local authority challenged Communities Secretary’s decision to grant planning permission for strategic rail freight interchange in its area
DCLG mulls rise in borrowing capacity of stock transfer housing associations
Government consults on how to increase borrowing capacity of housing associations in relation to valuation of properties transferred from local authorities
Supreme Court to rule next week on appeal by council over costs in care case
Local authority will find out next week whether it has won its appeal to the Supreme Court over ruling that it should pay father’s appeal costs in care proceedings
Supreme Court to hear disability living allowance and hospital stays case
Housing association names eight law firms to legal services panel
See all of our most recent news stories
New webinars on Local Government Law TV
|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.
New articles on Local Government Lawyer
An Inspector Calls (it wrong)
Sue Chadwick analyses a spate of recent rulings where judges have criticised planning inspectors' decisions.
Neary 2? Making Article 5(4) real
The Court of Protection team at 39 Essex Chambers report on a "vitally important" ruling in relation to deprivations of liberty and the role of local authorities and other participants such as IMCAs and RPRs.
The Court of Appeal has upheld a council's appeal against a first instance ruling in favour of a personal injury claimant in a case where the local authority failed to carry out a risk assessment. Robin Churchill explains the judgment.
Commencing criminal proceedings correctly
All criminal cases begin in the magistrates' court however serious the offence. The LexisPSL Corporate Crime team set out the correct steps that need to be taken when commencing proceedings in these ways.
The Home Office and summary reviews
Has the Home Office abdicated responsibility on giving guidance on summary/expedited reviews? asks Paddy Whur.
Relevant facts and s. 191(2) Housing Act 1996
The Court of Appeal has held that a relevant fact under s.191(2) of the Housing Act 1996 had to be an existing fact and could not be a belief in the happening of a future event. David Lintott examines a council's successful appeal.
The Criminal Justice and Courts Act 2015 and judicial review
The Government’s judicial review reforms had a troubled passage through Parliament. Now that the legislation has received Royal Assent, what will the changes mean for public bodies? Alison Oldfield and Trish D’Souza explain
Preventing child sexual abuse
In the wake of the Government announcements in response to reviews on child sexual exploitation, Olwen Dutton and Emma Godding look at the key considerations - including in relation to information-sharing - for organisations involved in child protection.
The Infrastructure Act 2015: key measures
The Infrastructure Act 2015 recently received Royal Assent. Philippa Plumtree-Varley looks at the key provisions.
Variation clauses and T&Cs
The Employment Appeal Tribunal has considered whether a variation clause in a part-time teacher's contract allowed the school to impose a unilateral change to her working hours. Simon Lambert reports on the outcome.
EVENTS OF THE WEEK:
FEATURED SUPPLIER: For public organisations seeking external assurance or reinforcement in connection with governance, standards and compliance, Howell Christie is a consultancy which delivers thoroughness, credibility and pragmatism with the right balance of challenge and support.
The latest blogs...
Budget day compulsory purchase reform consultation launched by Angus Walker
This entry reports on a budget day consultation on reforming compulsory purchase.
Consolidated Planning Act 2008 regulations introduced
Catch-up on recent articles on Local Government Lawyer:
Adult Social Services: Veracity and the need for experts
When does the court need an expert to assist as to veracity? The Court of Protection team at 39 Essex Chambers
consider the lessons from a recent Family Court ruling.
Children: Child abuse inquiries - a ticking bomb
How might the Goddard Inquiry and other investigations affect councils where it is alleged that children in their area were abused? Ashley Underwood QC
and Bryan McGuire QC
consider the possible impact.
Employment: Defining 'establishment': the Woolworths case
In the latest stage of the Woolworths redundancy case, the Advocate General has suggested a return to a previous definition of 'Establishment'. Allison Cook
considers the implications for public bodies including local authorities.
Governance: Going going gone!
It has been a long time coming but the Audit Commission will disappear at the end of the month. Melanie Carter
explains the key issues raised by the replacement regime.
Governance: RIPA powers for local councils
There are three types of surveillance techniques available to local authorities under the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The LexisPSL Corporate Crime
team set out how to use these powers correctly.
Governance: Going into 'purdah'
sets out some of the key issues in relation to local authority decision-making during the pre-election period.
Healthcare: The Greater Manchester health and social care deal
Last month groundbreaking plans were announced around the integration of health and social care in Greater Manchester. David Fagan
looks at the legal issues that the arrangements could raise.
Healthcare: Forthcoming NHS pensions changes
In a move to bring NHS pension benefits in line with state pension age, how does the new 2015 scheme differ and how does this link with salary sacrifice arrangements? Catherine Charlton
Housing: Evictions and disability discrimination defences
The Supreme Court has given guidance on the approach to be taken to a defence to a possession claim which relies on the Equality Act 2010, disability discrimination. Catherine Rowlands
analyses the ruling.
Licensing: Constitution of licensing sub-committees
highlights the dangers for local authorities that fail properly to constitute their licensing sub-committees.
Litigation: Judicial supervision and decisions of the Executive
A group of local authorities in South Yorkshire and Merseyside last month narrowly lost a Supreme Court battle over the Government's allocation of EU funds. Nicholas Dobson
considers the wider lessons to be learned.
Litigation: There is no alternative
Did the Supreme Court judgment in Moseley
change the principles of consultation? Richard Clayton QC
analyses the impact of the ruling and subsequent court decisions.
Planning: Direct action under s. 178 TCPA
The High Court has dismissed a claim for judicial review of a decision by a local planning authority to take direct action to remove travellers from a site pursuant to s.178 TCPA 1990. David Lintott
Planning: Administration and monitoring costs in s. 106 obligations
Can authorities claim admininstration and monitoring fees as part of planning obligations? Alex Round
reports on a recent High Court ruling.
Procurement: Discussion with bidders
and Victoria Fletcher
look at the two procedures set out in the Public Contracts Regulations 2015 which allow for discussions with bidders before the contract is awarded.
Property: Vehicular access routes over commons
The Court of Appeal ruled in favour of the developers in a case about gaining vehicular access routes over statutory commons in order to enable adjacent development. Paul Wilmshurst
Annual corporate subscription that will provide access to a full year of CPD accredited legal training for your lawyers and your client departments.
What is included?
Who can take the training?
- unlimited access to the full library of webinar content for 12 months
- the option to purchase DVD copies of the webinar training
- discounted rates offered to attend LGG training courses
What is the cost?
- lawyers and other professionals within your team, each of whom will be provided with personal login to enable them to earn and keep a record of their individual CPD credit.
- members of your client departments, such as the child protection team, trading standards officers, planners, procurement professionals or social workers. On purchasing a corporate subscription, a client account login will be provided for use by your client departments to view online content at no extra charge.
- the cost relates to the numbers of individual registered users per authority, excluding those who use the client account. These users will be registered for the full year of the subscription with the option to replace a registered user if somebody leaves the authority during the year of subscription. Option 1 below
- a DVD option will supply a DVD for every webinar booked – Option 2 below
- in addition to option 1 a DVD can be purchased for an individual webinar at an additional £15 + VAT if required. This can be ordered when booking the webinar
- for a shared legal service serving more than one authority area, references to the number of registered users are to the combined aggregate number of users from the relevant authorities
- registered users of a corporate subscription will benefit from discounted offers to attend LGG training events during the 12 months.
How to register for a corporate subscription
|Local authority with up to 10 registered users
|Local authority with 11 – 30 registered users
|Local authority with more than 30 registered users
|Law firms with up to 20 registered users
|Law firms with 20+ registered users
Individual subscriptions can be purchased online here
To set up a corporate account please contact Derek Bedlow on 0207 239 4917 or by email
giving details of your authority, the number of users you would like to register and if you would like to take the DVD option for all booked webinars.
We will then contact you within 24 hours to confirm this subscription has been set up. The corporate subscription members will then be able to register on the site and instantly access the webinar training.
, if you would like to pay-as-you-go
for webinar training by setting up a corporate pay-as-you-go account for your authority a monthly invoice will be produced and a 10% discount will be applied to all purchases by members of your authority.
There is also the option to take a free trial of a webinar
(which includes CPD credit). Register as a user
and add your preferred course to the cart. During the checkout process, enter FREE TRIAL in the box where indicated (don't forget to click 'Submit'), and the cost of your course will be reduced to zero. Complete the process and your course will be instantly available to view and you can watch it as many times as required for 30 days, from any computer or most mobile devices.
Click here to see all courses on Local Government Law.tv (119)