Council votes to replace monitoring officer despite issue of statutory report
KEY EVENT: St John's Chambers' Local Government Law Conference 2016 - Bristol - 12 October 2016. Sessions include: Tips and tools for childcare lawyers, Recent developments in judicial review, the Policing and Crime Bill, State aid issues in publicly funded projects, and Planning permissions, lies and the passage of time.
Full council at Slough approves replacement of its monitoring officer, despite his issuing statutory report beforehand warning it would potentially be unlawful to do so and threatening judicial review challenge. See also: Monitoring officer issues section 5 report over re-designation of role
Four local authorities shortlisted for Legal Team of the Year
Four councils in running for Legal Team of the Year in Local Government Legal Awards 2016, which will be unveiled at ceremony in Leeds in November. Click on the link above to see the shortlists
Councils received nearly 200,000 DoLS applications in 2015/16
Councils reported receiving nearly 200,000 Deprivation of Liberty Safeguards (DoLS) applications in 2015/16, it is revealed
Advertising watchdog bars council from using anti-begging adverts
City council considers requesting independent review after being ordered by Advertising Standards Authority not to re-use four adverts that sought to persuade public to stop giving money to beggars
MUST-READ FOR PROJECTS LAWYERS: 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.
Treasury to pursue reform to public sector exit payments despite opposition
Government is to press ahead with plans for further reforms to public sector exit payments, despite majority of responses to consultation expressing opposition to proposals. Workforces including local government, NHS affected
Solicitor removed from acting in care proceedings over conflict of interest
Solicitor removed from acting for mother in forensic fact finding hearing over conflict of interest, it emerges
Council vows to defend High Court challenge to regeneration scheme
Authority in Surrey vows to defend “as strongly as possible” High Court challenge to its decision to proceed with much-delayed regeneration scheme
Buying group to set up professional advisers framework agreement
South East Consortium to set up £20m legal services framework
NE council appoints law firm to £360k insurance claims contract
MORE NEWS STORIES....
School heads to High Court in bid to block Ofsted report
High Court judge asked to block critical Ofsted report from being published, it is reported
Judicial review challenge launched over decision to fund new sixth form
Association of Colleges and Havering Sixth Form College have launched judicial review challenge over Department for Education’s decision to fund new school sixth form in area
Local authorities “failing to use powers to tackle criminal landlords”
Tenants and landlords are “being let down by local authorities who are failing to use powers to tackle criminal landlords”, Residential Landlords Association claims
Crown Commercial Service publishes standard Selection Questionnaire
CCS publishes revised standard Selection Questionnaire which replaces current standard Pre-Qualification Questionnaire for above-threshold procurements
BBPA criticises proposed amendments to rules on late night levy
British Beer & Pub Association has criticised Government plans to allow local authorities to impose late night levy on particular geographic areas, rather than whole local authority
Foster carers in bid to organise as trade union members
Foster carers decide to form section within Independent Workers’ Union of Great Britain, in their first attempt to organise as trade union members
See all of our most recent news stories
Analysis on Local Government Lawyer
Judicial review: key developments
The LexisPSL Public Law team provides a summary of key developments in judicial review and sets out some important dates for practitioners’ diaries.
Vulnerability, 'significantly' and equality duties
Giles Peaker examines the latest appeal in which a court was asked to grapple with the impact upon reviewing officers' decisions of section 149 of the Equality Act 2010, as explained in the Supreme Court’s decision in Hotak.
Litigants in Person and costs budgeting
Can litigants in person ‘escape’ the rules relating to costs budgeting in all claims? To what extent does the costs management regime under CPR 3.12 to 3.18 apply to the costs of a litigant in person? Ruwena Khan examines a recent ruling.
Unfair dismissal: extension of time
Harmajinder Hayre examines a case involving a school which looked at the issue of time limits on Tribunal claims.
More than one way to skin a cat
A finding of fundamental dishonesty is not the only way to have Qualified One-Way Costs-Shifting (QOCS) dis-applied. Chris Booth looks at the lessons from a recent case.
Busy Bodies charter or effective tool?
Bans on hats, lying down in public, car cruisers and skateboarders...what next for Public Space Protection Orders? Kuljit Bhogal reports.
New EIA Directive consultation as Brexit arguments revealed: by Angus Walker
This entry reports on two developments relating to the European Union.
Do non-material amendments take longer than material ones?
This entry discusses the time taken to decide amendments to Development Consent Orders and more general issues.
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: 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.
Children: A question of bias: from the children's guardian?
looks at the lessons from a recent High Court case involving an allegation of bias against a children's guardian.
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: Mind the TUPE gap
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.
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: Problems at licensed premises
looks at a case where a responsible operator stopped the need for a review of his premises licence.
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: 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.
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: 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.
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.
Projects: State aid anyone?
What does the EU referendum result mean for state aid? Paul McDermott
and Rebecca Rees
Property: 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.
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