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DON'T MISS: St John's Chambers' Local Government Law Conference 2016 - Bristol - 19 July 2016. Speakers include Kathryn Skellorn QC, Professor Roy Light and Peter Wadsley.
- Oldham: Group Lawyer - Civil Litigation (£47,949-£50,686);
- Portsmouth: Senior Lawyer - Commercial Property (£41,551-£45,266);
- Devon: Senior Assistant Solicitor;
- Forest of Dean: Solicitor - Property or Planning;
- Guildford: Principal Solicitor - Planning & Litigation (£48,832-£56,998); Principal Solicitor - Contracts, Procurement, Property; Senior Corporate Services Solicitor; Property Solicitor; Contract Solicitor; and Information Rights Officer.
- York: Senior Solicitor - Contract & Commercial; and Senior Solicitor - Litigation (both roles £39,057-£45,971). Click here to see all posts.
Tribunal backs refusal by transport body to disclose 2005 legal opinion
First-tier Tribunal upholds transport body’s refusal to disclose, following freedom of information request, advice given by counsel in 2005
LGO issues first dual jurisdiction report into council and care provider
Local Government Ombudsman issues first ‘dual jurisdiction’ report into local authority and care home following complaint of neglect of elderly woman
Pub owner wins Court of Appeal battle over housing association scheme
Court of Appeal quashes planning permission over light issues, and comments on issue of potential impact on business of noise complaints of residents of new flats
Court of Appeal cuts sentence for breach of ASB injunction
Sentence imposed on defendant for breaching the terms of an anti-social behaviour injunction, was manifestly excessive, rules Court of Appeal
DfT error over road sign forces council to refund £50,000+ to motorists
Clerical mistake by Department for Transport leaves city council facing bill of more than £50,000 for refunds to motorists
MUST READ FOR GOVERNANCE LAWYERS: Download Browne Jacobson's report on devolution:
High Court quashes planning permission for four Gypsy sites
Deputy High Court judge quashes grant by borough council of planning permission for four Gypsy sites
Council in term-time holiday battle pursues appeal to Supreme Court
High Court grants Isle of Wight Council certificate saying that point of law of general public importance is involved in its recent ruling on unauthorised school absence
Councils defeat judicial review challenge to Israeli settlement motions
Three councils successfully defend High Court judicial review challenge brought by Jewish Human Rights Watch over motions passed in relation to authorities' business dealings and Israeli settlements, but campaign group vows to appeal
County councils call for no let-up in devolution agenda after Brexit vote
Network urges Government to provide clarity on devolution deals in wake of EU referendum
Ombudsman raps council over lack of clarity on school admission appeal
Councils must give parents clear information about their rights to present cases to schools admissions appeal panels, which must take their individual circumstances into account, says LGO
ICO stresses link between single market and EU data protection reforms
UK data protection standards will need to be equivalent to General Data Protection Regulation framework if UK wants to trade with single market on equal terms after exiting EU, Information Commisioner's Office warn
MORE NEWS STORIES....
Licensing Act to remain "fundamental pillar" of regulation: Home Office
2003 Act to remain “fundamental pillar in both national and local regulatory frameworks”, states Home Office paper submitted to House of Lords committee scrutinising the legislation. While there have been in excess of 100 cases which cited the Act, other than very small number related to section 53C, these had not called into question drafting of legislation or raised issues of public concern, Government says
Antoniw named Counsel General for Wales
Mick Antoniw AM appointed as Counsel General for Wales, in which role he will provide legal advice to Welsh Government and represent it in legal proceedings (ON PUBLIC LAW TODAY)
Former housing officer at city council jailed for three years for fraud
Ex-senior housing needs officer at Birmingham City Council jailed for three years for fraud
Independent report identifies safeguarding failings in licensing function
Borough council failed to properly check taxi drivers for involvement in child sexual exploitation, report by law firm finds
MUST READ FOR LOCAL GOVERNMENT LAWYERS: Consultation in austerity 2016: a practical guide
of Thurrock Borough Council provides a practical note on consultation procedure for local government practitioners and gives advice on how to carry out consultation which should be resilient to challenge.
Planning battle ends as farmer who built castle complies with notices
Decade-long planning enforcement battle over building of mock Tudor castle without permission comes to end this week
Council and parents head to tribunal over alleged failure to name school
County council facing tribunal hearing next month (5 July) over alleged failure to identify school for severely dyslexic 11-year-old boy to attend in September
Procurement policy issued in bid to boost Armed Forces Covenant uptake
Crown Commercial Service issues procurement policy note on how Government departments can encourage suppliers to sign up to Armed Forces Covenant
Appeal judges rule on remedy for discrimination in student work placements
Court of Appeal fills gap in employment law governing student work placements
See all of our most recent news stories
Brexit on Local Government Lawyer
Social housing and Brexit
How will the social housing sector be affected by the UK leaving the EU? Jonathan Cox reports.
Don’t…leave me this way?
Tom Newcombe and Sue Chadwick consider the Government’s record so far in the environmental arena and what Brexit might mean in terms of planning law.
What next for employment law in the wake of Brexit?
Su Apps sets out the most likely areas for reform of employment laws now that the UK has voted in favour leaving the EU.
The future of data protection
What does the vote in the EU referendum mean for the future of data protection in the UK? Anya Proops QC reports.
What does Brexit mean for procurement?
What is in store for public sector procurement? Jonathan Parker considers the implications of last week's Brexit vote.
State aid anyone?
What does the EU referendum result mean for state aid? Paul McDermott and Rebecca Rees explain.
NIPA conference remains focused on infrastructure by Angus Walker
Yesterday the fifth annual conference of the National Infrastructure Planning Association (NIPA) took place in the offices of Clifford Chance in London’s Canary Wharf. Brexit was mentioned at the start but not much thereafter, demonstrating the ‘business as usual’ attitude of those present.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: False imprisonment, causation and damages claims
A recent Supreme Court ruling provides a reminder of the importance of causation in damages claims for false imprisonment. Eirwen Pierrot
explains its relevance to mental health law and the Court of Protection.
Adult Social Services: Direct payments under the Care Act
reports on the outcome of a High Court challenge brought by recipients over the suspension of accreditation of a direct payments service used by more than 3,000 people.
Adult Social Services: State imputability
A ruling by the Deputy President of the Court of Protection imposes more obligations on local authorities, financial deputies and the courts, writes Nageena Khalique QC
Children: The Supreme Court on Article 15
The Supreme Court recently examined the Article 15 discretionary power in proceedings relating to the welfare of two young girls. Katherine Couper
looks at the key findings.
Children: Cheshire West and children
considers how the courts are applying the Cheshire West
principles to Children Act cases.
Children: Transition to education, health and care plans
LexisPSL Local Government
, in partnership with Anita Chopra
and Chris Barnett
, set out a checklist for moving children from statements to the new regime of education, health and care plans.
Community Safety: PCCs - end of term report
What impact have Police and Crime Commissioners had since their introduction? Sarah Ellson
and David Northfield
Education: Term time holidays – what you need to know!
In the aftermath of the High Court's recent ruling, where are we when it comes to prosecutions for failing to ensure regular attendance at school? Richard Freeth
Education: School standards and religious rights
analyses a recent First-tier Tribunal education case concerning school standards and religious rights.
Education: Censorship or justified concern?
A High Court judge recently heard a group of academics' judicial review challenge to a university's decision to withdraw permission for a conference on international law and Israel. Dominic Ruck Keene
analyses the judgment. (ON PUBLIC LAW TODAY)
Education: Academies and public law: Pt 2
In the second in a two-part series, Mark Johnson
looks at what academies should consider when carrying out consultation. (ON PUBLIC LAW TODAY)
Employment: The Supreme Court on employee reinstatement
The Supreme Court has recently issued a key employment law ruling on the remedy of reinstatement. James Goudie QC
analyses the judgment.
Employment: Stand by me?
A teacher who stood by her sex-offender husband has succeeded in an indirect religious discrimination claim. Richard Hewitt
Employment: Contractual staff handbooks
A recent Court of Appeal decision highlights the limitations of contractual staff handbooks for employers, writes Jessica Ryan
Employment: Wider still, and wider?
considers a recent case involving a London borough and the wide range of circumstances in which employees may bring claims of discrimination arising from disability.
Governance: What now for trust ports?
examines the key findings and recommendations from the Department for Transport’s trust port study.
Governance: Making collaboration work
In the first entry of a new blog, Olwen Dutton
considers what makes public services collaboration work - and the role of local authority lawyers in delivering success.
Governance: Electoral law case update
With elections taking place, Tom Tabori
looks at the lessons to be learned from recent cases on electoral law.
Governance: Community engagement and social media
How can local government minimise the risks when using social media to boost community engagement? Dan Read
Governance: Combined authorities – accountability is key
With the drive to greater regional devolution, combined authorities, local authorities and other key stakeholders will need to address significant issues around accountability, writes Anja Beriro
Governance: Audits and auditors - England
In partnership with Stephen Sheen
, the LexisPSL Local Government
team highlights key features of external audit and internal audit in England.
Healthcare: Advance decisions to refuse treatment
Housing: All change in housing law
Alex Ruck Keene looks at the circumstances where medical professionals might not be bound by an advance decision to refuse treatment.
Healthcare: Creating a sustainable healthcare system
In the pursuit of a sustainable healthcare system local government must not be left behind, write Michael Boyd and Judith Barnes.
Healthcare: The CoP and reporting restrictions after death
The Court of Protection has recently considered whether reporting restrictions in a case should continue after the individual's death. Rosalind English reports.
examines some of the greatest changes to housing management law for many years.
Housing: Trespassers and proportionality
A High Court judge recently considered whether one local authority's bid to evict a trespasser was proportionate in circumstances where another council had accepted a duty to the man as a homeless person. Emily Orme
analyses the outcome.
Housing: Sub-letting: have you got the best evidence?
considers some of the issues arising, and the court procedures available to, social landlords taking possession action because the tenant is believed to have sub-let or parted with possession of the demised premises.
Housing: Consult in haste, repent at leisure
As local housing authorities nationwide consider introducing or renewing additional and selective licensing schemes, Dean Underwood
considers the requirements of a key pre-condition to designation and provides local housing authorities with tips about lawful consultation.
Housing: Lower standards in some HMOs?
Nottingham City Council is planning to go to the Court of Appeal after it lost an Upper Tribunal case on its decision to ban two small bedrooms being used as sleeping accommodation. David Hobbs
Information Law: Transparency updates and the revised s45 Code
examines recent transparency-related developments that will have a potential impact on the engagement of exemptions under FOIA and the EIR, and the public interest balance.
Licensing: Using cumulative impact policies
Councils should be wary of the unintended consequences of cumulative impact policies, writes Paddy Whur
Licensing: A cautionary tale
A recent case underlines the importance of complying with Court directions in case management hearings for licensing appeals, writes James Rankin
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.
Litigation: Council tax reduction and the Denton Principles
The High Court has recently applied the Denton
Principles in a council tax reduction appeal. Richard Hanstock
Litigation: Standard of review in Aarhus cases
David Hart QC
examines the latest Aarhus Convention point to come before the domestic courts, in a case involving a city council.
Planning: 'Especial speed' in judicial review
The Court of Appeal has given a blunt reminder on the importance of promptly filing judicial review applications in planning cases, writes Katie Scuoler
Planning: Bringing a bit of order to planning conditions
Richard Harwood OBE QC
examines the messy state of planning conditions, and calls for the introduction of simplicity to the area.
Planning: Only a partial victory?
The Government may have hailed its successful appeal over its affordable housing and small sites policy as a major victory but it is not the end of the battle for local planning authorities, writes John Pugh-Smith
, who also considers some of the overlapping implications with the 'Starter Homes' initiative.
Planning: The Public Sector Equality Duty and planning
examines the importance of the Public Sector Equality Duty in planning decision making.
Planning: Affordable housing and small sites: the Court of Appeal ruling
The Communities Secretary has won his appeal over a High Court ruling that a key government policy on affordable housing and small-scale sites was unlawful. Harriet Townsend
, Martin Edwards
, Ashley Bowes
and Andrew Lane
Procurement: Operating a Dynamic Purchasing System
In the third article in a series on dynamic purchasing systems, Susie Smith
looks at the process for award of contracts under a DPS, the issue of reviewing suppliers' suitability for continued membership, and remedies.
Procurement: Competitive dialogue for local authorities: basic principles
Having been involved in six Competitive Dialogues including the Kent County Council Back Office Procurement, Adeola Sonola
draws on her experience and examines the issues involved in a CD process, giving practical tips on how to ensure a successful outcome.
Procurement: Obtaining meaningful procurement remedies
When an incumbent provider last year challenged a council's award of a contract for domestic violence services, a High Court judge maintained the automatic suspension. Fran Mussellwhite
looks at what happened next.
Procurement: Regulation 53 and publication of procurement documents
“Do we really need to publish all our procurement documents before we go to market” is a question frequently asked by clients. Davina Cross
examines the issue.
Procurement: Setting up a Dynamic Purchasing System
In her second article on Dynamic Purchasing Systems, Susie Smith
looks at the process for dealing with Requests to Participate (RTPs) from economic operators after a DPS is established.
Procurement: Dynamic Purchasing Systems – the planning phase
A significant number of Dynamic Purchasing Systems are either up and running or in the planning phase in the UK and this is raising practical issues, writes Susie Smith
in the first in a series of articles.
Procurement: Framework agreements and direct awards
and Tim Care
consider how contracts can be called off under multi-supplier framework agreements, by making a direct award without re-opening competition.
Projects: Cloud technology: the legal and practical issues
With public sector organisations looking to take advantage of technology to deliver cost saving benefits, Dan Read
highlights some of the legal issues when collaborating as well as the practical and operational challenges.
Projects: Brexit and state aid
Will ‘Brexit’ free the UK from State aid rules? Jonathan Branton
Projects: Playing by the rules
In a key state aid case involving a loan made by a city council, the Court of Appeal recently considered the Market Economy Investor Principle. Angelica Hymers
analyses its ruling.
Projects: Changing Development Consent Orders
Following the decision of the Energy Secretary to make a non-material amendment to the East Anglia ONE offshore windfarm development consent order, Hereward Phillpott QC
and Isabella Tafur
consider the procedure for making changes to DCOs after they have been made and some of the issues to be aware of.
Projects: Refinancing PFI and PPP deals
sets out some of the key considerations for local authorities that are looking to refinance their PFI or PPP deals.
Property: The Upper Tribunal on Ft-T Rule 13 costs
The Upper Tribunal has released a long awaited decision on Ft-T Rule 13 costs, Hardwicke
Property: Further development of the Asset of Community Value regime
reviews the latest judgments on the application of the Assets of Community Value regime.
Property: How to surrender a lease
It is not always clear whether or when a lease has been surrendered by operation of law. Actions, rather than words, matter, so it is crucial for both landlords and tenants to realise the implications of their conduct, writes Elizabeth Thompson
Property: Of palm trees and a Chancellor’s foot
The Upper Tribunal has considered – in a service charges case involving a London borough – the concept of issue estoppel. Alastair Redpath-Stevens
analyses the judgment.
Property: Overage clauses and drafting issues
reviews the main elements of agreeing overage agreements that local authorities need to take into account when agreeing overage terms.
Regulatory: Models of building control provision
discusses legal issues related to alternative models of building control provision.
Regulatory: Game of drones – the law
examines the issues that local authorities may face as a result of the use of drones.
Transport: TfL and roads in the capital
A High Court judge has ruled on a dispute over the extent of Transport for London’s interests in London’s roads. Charles Banner
reports on the outcome.
|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
|Social Housing Fraud
||This presentation identifies the main types of social housing fraud committed, the remedies available to tackle it and provides guidance on which are most suitable for particular types of fraud.
|Governance and Monitoring
||This presentation focuses on four topical areas of local authority governance: employee surveillance (including on social media), decision-making (pecuniary interests, bias, and committee make-up), whistleblowing and the counter-terrorism Prevent duty.
|Managing Cuts Lawfully
||This presentation looks at how legal challenges to decisions resulting from budget cuts can be avoided, mitigated and defended, focusing on the two grounds of challenge which appear most frequently unlawful consultation and breach of the PSED.
|Homelessness Update: Vulnerability and Intentionality
||This presentation highlights and analyses the landmark decisions of the Supreme Court in determining “vulnerability” under the Housing Act 1996 and whether somebody has made themselves intentionally homeless.
|The Anti-Social Behaviour, Crime and Policing Act : One Year On
||A little over a year on from its implementation, this presentation looks at the effect of the Anti-Social Behaviour, Crime and Policing Act 2014. This short presentation focuses on the use of the new civil injunction powers and Criminal Behaviour Orders (
|Housing: Key Developments in 2015
||Ranjit Bhose QC, Dean Underwood and Tara O’Leary present an update on key developments in housing law, focusing on recent changes to the right-to-buy regime, judicial alterations to allocations policies and welfare reforms.
|Implementing the Care Act: Legal issues for local authoritie
||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.