Council to challenge refusal by minister of CPO for last properties on estate
London borough to seek judicial review of Community Secretary’s decision to reject compulsory purchase of eight remaining properties on development site. Human rights issues among reasons given by Sajid Javid for refusal
Care workers to take council and provider to court over pay
Group of homecare workers to take London Borough of Haringey and care services provider Sevacare to court amid claims they are paid well below minimum wage
Courts face "imminent crisis" with rise in care cases, warns top family judge
Family courts face “clear and imminent crisis” as a result of rapidly rising number of care cases, President of Family Division warns
Councils hail Upper Tribunal ruling on VAT and commercial waste collections
Tax and Chancery Chamber of Upper Tribunal rejects judicial review challenge brought by private waste company over VAT exemption enjoyed by councils on commercial waste collections
MUST-READ FOR PROCUREMENT AND LITIGATION LAWYERS: Dispute settlement and new tender procedures
LexisPSL Public Law
analyses a ruling that the Public Sector Directive required a new tendering procedure to be carried out where the parties had made changes to the scope of a public contract, even though they were made pursuant to a settlement aimed at resolving difficulties that had arisen during performance of a complex project.
Civil Justice Council attacks "unprincipled" plan on disclosure of JR funding
Proposal to require judicial review claimants to share information on funding of their claim with defendants is “fundamentally unprincipled breach of the principle of equality of arms”, Civil Justice Council says
London borough defeats challenge to decisions on Garden Bridge
Lambeth successfully defends latest legal challenge to its decision-making in relation to Garden Bridge over the River Thames
Council loses homelessness appeal over application of ‘Mohammed Test’
London Borough of Waltham Forest failed to properly consider one of three limbs of ‘Mohammed test’ in homelessness case appeal, judge finds
Housing specialist Talbot switches from Weightmans to St Ives
Woods Whur hires senior licensing lawyer as consultant
Dentons advises borough on CPO for £200m regeneration scheme
Framework for legal services to be set up in Northern Ireland
Exeter University to set up legal services panel worth up to £4m
MORE NEWS STORIES....
Standards watchdog urges regulators to manage ‘revolving door’ properly
Fewer than third of regulatory bodies have policies to deal with ‘revolving door’ issues where staff move between organisation and entities or profession it regulates, standards watchdog warns
Election officers urge “root and branch” review of electoral system
Election officers were “pushed to the absolute limit” by this year’s glut of polls, Association of Electoral Administrators says in report
Allow councils to suspend licences over unpaid business rates: LGA
Local authorities should be allowed to refuse or suspend premises licences of businesses which wilfully or persistently fail to pay their business rates, Local Government Association says
City council to consult on introduction of late night levy
Cabinet at Gloucester City Council agrees to consult on introduction of late night levy
Prosecution by council sees fireworks seller fined £300,000
Discount store fined £300,000 for unsafe storage of fireworks, following prosecution by county council
Councils "need more powers over home education, to tackle illegal schools"
Councils should be handed more powers to ensure children being home educated are receiving good education, and to help tackle illegal schools, Local Government Association says
Foster carers in bid to organise as trade union members
Foster carers decide to form section within Independent Workers’ Union of Great Britain
See all of our most recent news stories
Analysis on Local Government Lawyer
A cautionary note on reasons
The Court of Appeal has handed down a significant decision on the standard of reasons required when granting planning permission. Caroline Daly explains the ruling.
Crisis in infinite courts
The President of the Family Division, Sir James Munby, this week warned of a "clear and imminent crisis" as a result of the rise in care cases. Andrew Pack, who blogs at Suesspicious Minds, looks at what the judge had to day.
Mind the TUPE gap
Graham Richardson considers a recent case where the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) was found not to apply on termination of a Council contract, despite the service continuing with a new provider.
Construction of service charge provisions
The Upper Tribunal recently had to determine whether a tenant was liable to pay service charges despite the tenancy being silent as to what services were to be provided by the housing association under the agreement. Katie Gray reports on the outcome.
A question of bias: from the children's guardian?
Jason Hadden looks at the lessons from a recent High Court case involving an allegation of bias against a children's guardian.
Problems at licensed premises
Paddy Whur looks at a case where a responsible operator stopped the need for a review of his premises licence.
Hinkley Point goes ahead with sale triggers: by Angus Walker
The Secretary of State for Business, Energy and Industrial Strategy Greg Clark MP has announced that the Government is approving the construction of the Hinkley Point C nuclear power station.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Bulk applications for deputyship remuneration
The Court of Protection recently considered a not-for-profit organisation's 'bulk application' in relation to deputyship remuneration. Bethan Harris
looks at the judgment.
Adult Social Services: Deprivation of liberty, dogs and a deputy’s dereliction of duty
A district judge recently criticised the approach taken by a deputy in a deprivation of liberty case and replaced them with a panel deputy. The Court of Protection team at 39 Essex Chambers
examine the ruling.
Adult Social Services: Pilot schemes in the Court of Protection
and Lee Parkhill
summarise the key points for two pilot schemes commencing in the Court of Protection next month.
Adult Social Services: Accommodation under the Care Act and the General Power of Competence
A High Court judge recently considered issues around the Care Act and the General Power of Competence. David Owens
, Judith Barnes
and Trevor Watt
question the ruling.
Children: Children, consent and deprivation of liberty
This LexisPSL Local Government
article, produced in partnership with Tim Spencer-Lane
considers recent court decisions on whether a parent can consent to the confinement of their child which, absent a valid consent, would amount to a deprivation of liberty.
Children: How to draft a local authority threshold document in care proceedings
LexisPSL Local Government
in partnership with Tim Earl,
Solicitor to the Council and Head of Legal Services of Suffolk County Council, explains how to draft a local authority threshold document in care proceedings.
Children: The pre-proceedings process
LexisPSL Local Government
in partnership with Joy Hopkinson
of London Borough of Lambeth Council explains the pre-proceeding process under the Public Law Outline (PLO) reforms to care proceedings.
Education: Schools, sport and the duty of care
A recent Northern Ireland case provided guidance on, and a useful review of the case law in England and Wales relating to, the duty of care owed by a school to its pupils when participating in sport, write Bruce Ralston
and Richard Rowe
Education: Checks on academy governors
Katie Michelon sets out the safeguarding checks that academies are required to carry out on their governors.
Education: Education, health and care plans
LexisPSL Local Government
, in partnership with Anita Chopra
and Chris Barnett
of Match Solicitors set out a checklist for moving children from statements to the new regime of education, health and care plans.
Employment: Voluntary overtime and holiday pay
Should voluntary overtime be taken into account when calculating holiday pay? Nick Murrell
reports on a recent Employment Tribunal case.
Employment: Dealing with requests for flexible working
A judgment of the Employment Appeal Tribunal is a signficant ruling for employers when it comes to the sex discrimination risk when dealing with flexible working requests, writes Phil Allen
Employment: Flexible working and indirect discrimination
reports on a recent Employment Appeal Tribunal case involving a claim of indirect sex discrimination brought by a teacher at a school for children with special educational needs.
Governance: Decisions under challenge
When it comes to judicial review, which decision is the one you are being challenged upon or should challenge? Nathan Holden
examines the issue.
Governance: Governance lessons from Rotherham and Tower Hamlets
looks at the lessons from the imposition of commissioners at Rotherham and Tower Hamlets Councils and a recent review by the Communities and Local Government Committee of the Government's actions.
Governance: The chickens come home to roost?
examines the headaches for local authorities arising out of Lender Option Borrower Option (LOBO) loans.
Healthcare: No longer the end of the road
The High Court has issued a key ruling on challenging factual accuracy comments in the Care Quality Commission's regulatory process. Jonny Landau
and Andrew Parsons
analyse the outcome.
Healthcare: Serious untoward incidents
considers some of the lessons that can be learned from the Southern Health case.
Housing: Top tips for tenancy fraud cases
provides some top tips on how to win the fight against social housing tenancy fraud.
Housing: Unlawful profit orders
There have been substantial gains recovered by social landlords through the unlawful profit orders regime. Kuljit Bhogal
provides a helpful review of their place in the sub-letting work of such landlords.
Housing: Housing applicants and unacceptable behaviour
analyses a recent Administrative Court decision on a council's practice of disqualifying applicants guilty of unacceptable behaviour.
Information Law: Donald, where’s your Schedule 3 condition to share information aboot your troosers?
A recent Supreme Court ruling should be read by anyone working in an area which involves regular data-sharing concerning sensitive and confidential data, writes Christopher Knight
Licensing: Are minor variations working?
looks at the process for varying a premises licence by way of a minor variation.
Licensing: Licensing fees and enforcement activity
Councils and other local authorities could face substantial bills for unlawful licensing fees if an Advocate-General’s opinion is followed by the European Court of Justice. Virginia Cooper
Litigation: Proof of fraud and unravelling settlements
The Supreme Court has ruled that proof of fraud previously suspected can unravel the finality of a settlement. David Williams
, Andrew Parker
and Catherine Burt
analyse the judgment.
Litigation: Costs in abuse claims
Abuse cases need to be dealt with sensitively and compassionately but both parties still need to ensure that costs are proportionate. Laura Broadhead reports on a recent ruling.
Litigation: County Court "costs only" appeals
reports on three cases in which applications for permission to appeal against a costs order were heard together by the Court of Appeal to establish the correct destination of such appeals.
Planning: Is the force of localism still with us?
The Localism Bill was heralded as introducing “A new era of people power” in 2010. Since then, talk of the Big Society has been eclipsed, but neighbourhood plans have been bigger news than anyone expected. Sue Chadwick
highlights some current issues and makes a few predictions for the future.
Planning: Housing land supply
The Communities Secretary has, belatedly, revealed the Government's thinking on a number of crucial housing land supply controversies. Josef Cannon
Planning: Residual cumulative impacts of development
The High Court recently rejected a challenge to refusal of planning permission for 650 homes in Cheltenham. The ruling is important on the issue of residual cumulative impacts of development, writes Ashley Bowes
Planning: Section 106 disagreements
looks at some of the difficult issues relating to section 106 agreements for major developments and how improvements could be made.
Planning: Planning appeal costs awards
What are the recoverable costs of a self-represented party in a planning appeal? Brendon Lee
Procurement: Development agreements, best consideration and procurement
The High Court has dismissed best consideration and procurement claims against a local authority development agreement. Deborah Ramshaw
Procurement: Shield and sword
and Tim Care
deliver a reminder of what the standstill period entails and provide guidance for contracting authorities on how to avoid the trap of this potential procurement pitfall.
Procurement: Explain yourself!
A judge has issued a warning to contracting authorities who might be tempted to minimise the amount of paperwork they keep particularly where they fear that a high profile procurement exercise might be challenged. Helen Prandy
Procurement: Voluntary transparency notices
Is a voluntary transparency notice published in the OJEU? How in practice is this distinguished from the OJEU notices that are published in advance of a procurement process? The LexisPSL Public Law
Procurement: Reservation of public contracts
What is the interrelationship between regulations 20 and 77 of the Public Contract Regulations 2015? The LexisPSL Public Law
team analyse the reservation of public contracts.
Procurement: Introduction to concession contracts procurement
LexisPSL Local Government
in partnership with Walker Morris
explain the new process for concession contracts procurement by contracting authorities and utilities under the Concession Contracts Regulations 2016, SI 2016/273.
Projects: State aid anyone?
What does the EU referendum result mean for state aid? Paul McDermott
and Rebecca Rees
Property: Rights to light and injunctions
The Court of Appeal has imposed an injunction against a developer in a right to lights case. Jennifer Chappell
Property: Public houses and the ACV regime again
A fresh batch of Assets of Community Value (ACV) appeal decisions has been released and inevitably most concern public houses. Christopher Cant
analyses the rulings.
Property: Sub-tenants and section 20 consultation
and Mark Robertson
consider new law on dealing with sub-tenants when undertaking Section 20 consultation.
Property: Superior landlords and consultation
The Upper Tribunal recently considered the extent of consultation a superior landlord must carry out if intending to carry out works or enter a qualifying long term agreement. Jonathan Upton
sets out the key findings.
Transport: What now for trust ports?
examines the key findings and recommendations from the Department for Transport’s trust port study.
|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