Editor's blog: More ICO fines on the way?
The Information Commissioner's Office will no doubt have breathed a huge sigh of relief this week after its framework for fining organisations responsible for data breaches withstood its first major test. And all the signs are that there are going to be plenty of hefty fines in 2013. Read more...
LAST CALL: Kent County Council is hiring a Senior Solicitor for its Planning & Highways Team and a Senior Solicitor/Barrister for its Social Services Team. Salary: £48,635-£54,496 per annum. The deadline is 12 pm today (17 January).
There are plenty of other great roles on LGL as well: County Solicitor - Cardiff (£120k); Group Manager - NE Lincs (£60k); Senior Contracts Lawyer - Ealing (to £53k); and Procurement/Employment Lawyer - Staffs and West Mids Probation Trust (to £39k). Don't forget to say where you saw the role.
Go to the Town and Village Green Roadshow with 12 College Place and Durham County Council on 7 February.
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. New course this week: Local Authorities and Commercial Contracts
Other newly added courses include: Shared Services, Community Care Case Law Update, Adoption Orders - Tips and Traps and Judicial Review from a Local Authority Perspective
Rutland defers decision on defamation claim but authorises legal action Go-ahead given to seeking injunction to prevent harassment, plus other measures
NHS trust fails in first ever appeal over ICO fine for data breach First-tier Tribunal upholds £90,000 fine in test of Information Commissioner's approach to monetary penalties
Watchdog issues technical guidance on public sector equality duty Equalities and Human Rights Commission says it should be "invaluable" for lawyers looking to understand law in depth and apply it in practice
Manchester CC legal department next to face major savings target Budget proposals require £300,000 in savings to be found by legal team over next two years as council seeks £80m reduction overall
Local authority launches judicial review over Environment Agency permit decision for eco park Council expresses concern over pollution and safety issues arising out of waste recycling centre plans
Warning of confusion and litigation after ECHR ruling on religion at work Equalities and Human Rights Commission expresses concern over Strasbourg ruling
Survey suggests widespread ignorance of Public Services (Social Value) Act Nearly half of council staff and strategists tasked with implementing change to public services admitted to not knowing about incoming legislation, according to Guardian research
Welsh Government looks to improve security of tenure for gypsies and Travellers Greater protection from unfair eviction by local authorities
LGA briefs on public health and licensing ahead of new role for councils Explanation on how to ensure effective engagement with licensing regime
DfE consults as councils take on new responsibilities for children on remand Proposed changes to care planning regulations
Council obtains £33k confiscation order over unlawful car park in Green Belt
Ministers rule out devolving 'stopping up' order process to local level
Food Standards Agency urged to better understand challenges councils face
Philip Kolvin QC wins standing counsel role with Gambling Commission
Political affiliation key to councils sticking with lifetime tenancies: research
Bar Council wins FSA approval for client money service
See all of our most recent news stories
The Changing Face of the Public Sector.
Watch Lord Hutton of Furness address the ACSeS Development Forum 2012.
Click on the image to begin.
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New articles on Local Government Lawyer
The use of Teckal company structures in public services delivery
Shared services, spin-outs and 'in-house procurement' - Amy Auton-Smith looks at using a Teckal company structure to deliver public services.
Equalities: due regard duly paid
Nicholas Dobson reports on a High Court ruling in a case where it was claimed that a council had breached the public sector equality duty when giving planning permission for the development of a school.
Reporting restriction orders and care proceedings
The Sun newspaper recently claimed success in relation to an application for a reporting restriction order covering care proceedings. Rosalind English examines the High Court's ruling.
Disclosure of social work records and litigation
Those dealing with disclosure questions about sensitive records, in particular in relation to social work, need to take notice of a significant Court of Appeal ruling, writes Robin Hopkins.
The numbers game
Andy Woods looks at the increasing reliance by responsible authorities on numerical statistics and argues that these must be subject to a comprehensive examination for them to be relevant in licensing hearings.
The public sector equality duty, homelessness and the Pieretti principles
A county court judge recently considered the application of the public sector equality duty in a case where a council concluded that a tenant had made herself intentionally homeless by reason of her failure to pay the rent. Arthur Moore reports on the outcome.
Relying on an unlawful act to found a prosecution
Can a public authority rely on its own unlawful act to found a criminal prosecution? David Merson reports on a recent High Court ruling involving a caravan site.
The Mid-Staffs public inquiry - staff recruitment, standards and engagement
In the first of two articles, Julian Hoskins and Jodie Sinclair examine some of the workforce and employment law themes arising out of the Mid-Staffordshire NHS Trust public inquiry.
Licence Lite: Too heavy for most?
"Licence Lite" is an arrangement which can be made under an electricity supply licence condition allowing interested parties - such as local authorities - to supply electricity without having to sign up to the industry codes in full. Adam Davidson looks at what it involves, as well as other options for those organisations looking to get into the energy supply market.
The latest blogs...
Paterson moots credits for newts by Angus Walker
This entry reports on the Environment Secretary's suggestion to offset environmental harm from infrastructure developments.
Snap judgement: Will the government's review of the judicial review process...
Decrease the number of judicial reviews
Increase the number of judicial reviews
Make no difference
Click here to vote now
And some you may have missed....
Adult Social Services: Detention in a care home and Article 8
The Court of Protection has approved arrangements for safeguarding the Article 8 rights of a man detained in a private care home. Richard Mumford
examines the ruling.
Children's Services: Establishing new faith schools
A High Court judge has rejected a legal challenge by the British Humanist Association to plans for two new Catholic schools in Richmond. Holly Stout
analyses the outcome.
Community Safety: Outright or suspended
The Court of Appeal has considered the correct approach to be taken in discretionary residential possession cases involving previous incidents of anti-social behaviour. Andy Lane
analyses the implications of the judgment.
Employment: On call hours - the legal issues Graham Richardson
considers the legal issues that arise from "on call" working, especially in relation to the National MInimum Wage and the Working Time Regulations.
Governance: The practical implications of the Localism Act 2011 Olwen Dutton
provides a checklist of the most significant Localism Act provisions which local authority lawyers should now have put in place, or should be considering putting in place, within their authorities.
Housing: Housing Revenue Account reform - what next for local authorities? David Isaacson
looks at the various options open to local authorities in the new housing finance landscape.
Licensing: Testing times Paddy Whur
looks at who can be liable for committing an offence under s. 146 of the Licensing Act in relation to underage sales, as well as the defences under that section.
Litigation: Costs and environmental JR claims
The Ministry of Justice has published its proposals for a costs regime in environmental judicial review claims. Rose Grogan
assesses the plans.
Planning: History in the making Richard Harwood
analyses the important heritage reforms contained in the Enterprise and Regulatory Reform Bill 2012 that is currently progressing through Parliament.
Procurement: The use of 'take or pay' clauses
The High Court has provided further confirmation that a 'take or pay' clause can be a penalty, writes Mark Alsop
Projects: Son of PFI
Will PF2 give a new boost for infrastructure? Craig Elder
assess key aspects of the Treasury's new model, including the procurement guillotine and proposals on reward sharing.
Property: Due diligence on property disposals
How should public sector organisations disposing of sites approach replying to buyers' enquiries? Phil Lawrence
outlines some of the issues that need to be considered.
Regulatory: Is consumer protection failing? Alan Conroy
asks whether or not the current consumer protection regime is up to the job.
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Click here to see all courses on Local Government Law.tv (96) 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.