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Survey completed by 173 local councils at the end of last year finds that a quarter of councils have yet to appoint a data protection officer while just over a third of councils have yet to set up a system of data protection impact assessments
Council rescinds planning permission following procedural mistake
Birmingham revokes planning permission for supermarket admitting it made an error after being threatened with judicial review
Local authority alert sees family barrister fined over data security
Senior family law and Court of Protection barrister fined £1,000 by the Information Commissioner's Office for failing to keep clients’ sensitive personal information secure
High Court reserves judgment in DOLS funding test case
The High Court has reserved judgment in case brought by four councils over government funding for work connected with deprivation of liberty safeguards post Cheshire West
Ombudsman complaints on school transport rise 63 per cent
Councils in England reminded of their duties on school transport after the Local Government Ombudsman records a 63 per cent increase in complaints in 2015/16
Judge partially quashes core strategy after appeal by neighbouring authority
Judge resolves dispute between two district councils and the South Downs National Park Authority by quashing parts of a joint core strategy
POCA hearing awards £525,000 against London doctor
London doctor who ran an illegal money-lending business from two hospitals in Harrow ordered to pay back thousands of pounds in proceeds of crime
Quarter of home care providers at risk of insolvency: BBC
Almost one-in-four providers of home care “at risk” of insolvency due to falling local authority rates, leading many to hand contracts back to their commissioning authorities, BBC investigaton finds
Communities Secretary returns full powers to Tower Hamlets
London Borough set to recover the last of the powers it lost when commissioners were imposed in 2015 following scandal over the conduct of the 2014 mayoral election.
Judge partially quashes core strategy after appeal by neighbouring authority
Judge resolves dispute between two district councils and the South Downs National Park Authority by quashing parts of joint core strategy
Centre for Legal Leadership to boost career development of in-house lawyers
New service aimed at supporting general counsel and in-house lawyers in all aspects of career development launches, spearheaded by ex-general counsel to the Legal Services Board Bruce Macmillan
MORE NEWS STORIES
Southwark follows Wandsworth in setting up Article 4 Direction for pubs
Southwark Council becomes second London council to withdraw Permitted Development Rights from the redevelopment of pubs
Councils struggle to meet duties under Children Act: MPs
Some local authorities are no longer fulfilling their statutory duties to children and nearly nine out of ten local authorities are finding it “increasingly challenging” new report from the All Party Parliamentary Group on Children says
Co-op to challenge grant of planning permission for rival store
Midcounties Co-operative given go ahead to challenge Forest of Dean Council’s grant of permission for an Aldi store in Coleford
Met Police set to face investigation over dropping Tower Hamlets election fraud case
The Metropolitan Police looks set to be investigated itself over its truncated inquiries into election fraud in Tower Hamlets
Certificate of lawfulness crowdfunding campaign hits target
Crowdfunding campaign to challenge a certificate of lawfulness for a 38-year-old planning permission reaches key milestone
Carolyn Hilder named Senior Judge of the Court of Protection
See all of our most recent news stories
MORE NEWS STORIES
Police recorded 260 cases of alleged electoral fraud last year: watchdog
Police forces record total of 260 cases of alleged electoral fraud in 2016, the Electoral Commission reveals
Café fined for false food hygiene claim
Café in Islington fined after falsely claiming it had a top food hygiene rating of ‘5’ when its actual rating was ‘1’
Council fined for leaving sensitive files in cabinet sent to second hand shop
ICO fines Norfolk County Council £60,000 after files containing sensitive information about children were left in a cabinet sent to a second hand shop
Council fails in action against former football club chairman
Northampton Borough Council fails to gain summary judgment against a former chairman of Northampton Town Football Club in dispute over loans totalling £10m made by the council to the club
This week's analysis
Judicial review and procurement challenges
Is there a place for judicial review in procurement challenges? Colin Ricciardiello reports on an important case for contracting authorities.
Borrowing money and investing in property
Is it lawful and, if lawful, is it prudent for the local authority to borrow money to invest in land? Alec Samuels analyses the issues.
Prosecution of fly tipping
Jeremy Asher and Stephen Sadler examine the rise in fly-tipping incidents and the tools available to local authorities to tackle the issue.
TUPE – service provision changes and the ‘principal purpose’
Jason Braier looks at a recent Employment Appeal Tribunal decision on how and when to identify the principal purpose in relation to service provision changes.
The High Court on ‘stopgap’ affordable housing guidance
The High Court has allowed a challenge to the adoption of interim affordable housing guidance by a district council. Gregory Jones QC and Caroline Daly explain why.
The Court of Protection and disputes over funding of services
Kiran Bhogal reports on the landmark Supreme Court decision on the role of the Court of Protection in disputes over provision of services.
SUPPLIER OF THE WEEK: LGSS Law At LGSS Law Ltd we have a well-regarded team of innovative and experienced legal professionals who together provide cost-effective legal advice and assistance to a range of public and not for profit sector clients.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Claiming within time
A High Court judge recently refused to extend the limitation period for a £100,000-£150,000 damages claim against a local authority over an alleged deprivation of liberty. The Court of Protection team at 39 Essex Chambers
Adult Social Services: Public protection and s.21A (again)
The Court of Protection team at 39 Essex Chambers
report on the outcome of a recent s. 21A Mental Capacity Act challenge.
Adult Social Services: Statutory charge and Article 8 damages
The Court of Protection team at 39 Essex Chambers
examine a recent case that, although not a CoP one, is interesting and relevant for what is said about the legal aid statutory charge in a claim for damages for breach of Article 8 ECHR.
Children: Secure accommodation orders - children or young people placed in Scotland
English local authorities looking to place children in secure accommodation in Scotland have faced significant legal hurdles. Lucia Clark
and Anna Forsyth
explain how they have been overcome.
Children: Conduct powers over costs
A Family Court judge has recently handed down a key ruling for both local councils in respect of adverse costs orders in family and human rights litigation. Jessica Swanell
Children: Should courts order vaccination against parents’ wishes?
The alleged risks attending on vaccination were outweighed by the benefits of immunisation by a clear margin, the Family Court has ruled following an application by a local authority. Rosalind English
Community Safety: Before its time?
Can a local authority use the Anti-social Behaviour Crime and Policing Act 2014 in relation to incidents that occured before the Act commenced? Jonathan Manning
Dispute Resolution: Repairing potholes: the Court of Appeal view
The Court of Appeal recently issued an important ruling on the approach highways authorities should take towards repairing potholes. Steven Conway
considers the implications.
Dispute Resolution: Challenging costs limits in Aarhus Convention claims
The CPR rules on ‘Aarhus Convention Claims’ have just changed. William Upton
explains how the neat simplicity of the provisions have been replaced by rules that will allow for satellite litigation about costs. Access to environmental justice has just become more uncertain.
Dispute Resolution: Public bodies who discriminate – County Court or High Court process?
considers an interesting case concerning the apparent conflict between competing provisions of the Equality Act 2010 in the context of duties to disabled people within the context of Traffic Regulations Orders.
Dispute Resolution: Roadside trees
A parish council was recently ruled to have been negligent in its approach to inspecting a tree which fell onto a bus. James Goudie QC
Dispute Resolution: Defending a claim for judicial review
This LexisPSL Public Law
checklist, produced in partnership with Stephen Hocking
of DAC Beachcroft
highlights the key steps and considerations for defending a judicial review claim including preliminary assessment, acknowledgement of service and skeleton arguments.
Education: Higher education claims
The Administrative Court has given general guidance on judicial review and Office for the Independent Adjudicator for Higher Education (OIA) complaints. Jonathan Auburn
Education: Risk assessment of schools and FOI
A council has successfully appealed an Information Commissioner's decision that it should disclose information on its risk assessment of schools. Claire Booth
Education: Academy conversions from within PFIs
examines the key issues raised in relation to academy conversions for schools within existing Private Finance Initiatives (PFIs).
Employment: New laws on industrial action
New laws in relation to industrial action came into force at the start of the month. Louise Singh
sets out the most significant changes.
Employment: Religious festivals and extended holiday requests
looks at a case in which the Employment Appeal Tribunal examined whether the refusal of an extended holiday request to attend a religious festival could amount to indirect religious discrimination.
Employment: Religious dress bans
Religious dress bans can be lawful – at least under European law. Phil Allen
reports on recent rulings from the Court of Justice of the European Union.
Employment: The duty to make reasonable adjustments
considers what you can learn from the Supreme Court case of the wheelchair versus the buggy.
Employment: Pay grades and contractual rights
Claire Booth r
eports on a Court of Appeal ruling on whether a council employee had a contractual right to be paid whatever salary was attached to a particular grade in all circumstances.
Governance: Local government reform in Wales
, chair of the Wales branch of Lawyers in Local Government, reports on the latest moves towards reform in the sector and the role LLG is playing.
Governance: Local government standards and litigation costs
analyses a High Court ruling on costs after a standards case involving a town council and one of its members.
Governance: Public complaints—introducing the draft Public Service Ombudsman Bill
In this interview with LexisPSL Public Law
, Ros Foster
and Patrick O’Connell
outline the draft Public Service Ombudsman Bill recently laid in Parliament, which aims to introduce a Public Service Ombudsman (PSO) with improved access, structure and powers.
Governance: The Casey Review into Opportunity and Integration
examines the implications for local government lawyers arising out of Dame Louise Casey's review into opportunity and integration.
Health: Cheshire West kicked out of acute hospitals?
The Court of Appeal has delivered a landmark judgment on deprivation of liberty in the context of acute medical treatment that will be very welcome for providers of physical healthcare - for now at least. Ben Troke
Health: Tackling bed blocking
With a hospital recently forced to obtain a court order to evict a patient, Kiran Bhogal
, Emma Stockwell
and Joanna Trewin
consider the legal issues around bed blocking.
Housing: Housing allocation and the treatment of private sector tenants
analyses a High Court case that considered Article 14 ECHR and treating private sector tenants differently from secure tenants for the purposes of a local authority’s Part VI housing allocation scheme.
Housing: Homelessness decisions and the PSED
A recent Court of Appeal ruling on homelessness decisions and the public sector equality duty is a victory for substance over form, argue Kelvin Rutledge QC
and Ryan Kohli
Housing: Double-edged sword: Can you have two possession orders at once?
In a recent case an interesting point arose around whether or not it was possible for a landlord under an assured shorthold tenancy (AST) to have two possession orders in respect of the same property at the same time. Richard Williams
analyses the issue.
Information Law: Yet another subject access judgment…
Anya Proops QC
analyses the latest ruling on subject access requests, this time from the Court of Appeal.
Information Law: The motives behind subject access requests
The Court of Appeal has confirmed that a requester's motive does not justify a refusal to comply with a subject access request. Dan Fawcett
analyses the ruling.
Information Law: The practicalities of the GDPR: breach notification, consent
makes some observations on two important aspects of life under the General Data Protection Regulation (GDPR).
Information Law: The right to data portability under GDPR
considers the new right to data portability under the GDPR and examines its impact on the public sector.
Licensing: Streets ahead?
Trade objectors recently tested the definition of a “street” in a betting office application case. Andy Woods
examines the outcome.
Licensing: When can premises be closed by the council or the Police?
surveys the powers available to close commercial premises that are the source of anti-social behaviour.
Licensing: The Alchemist of the North
A recent court case has provided a reminder that cumulative impact policies should generally act as a filter and not a bar, writes Philip Kolvin QC
Planning: Daylight/sunlight error fatal to permission
looks at the lessons to be learned after the High Court quashed a planning permission over an error of fact in a daylighting report.
Planning: Reasons for delegated decisions to grant planning permission - the Shasha case
considers the consquences of a High Court ruling as to whether reasons need to be given for delegated decisions to grant planning permission.
Planning: Examining Local Plan reasons
The Planning Court has considered the approach taken by the Inspectors' guidelines to using short form reasoning when reporting on the soundness of development plans. William Upton
analyses the outcome.
Planning: The NPPF heads to the Supreme Court
The case of Suffolk Coastal District Council v Hopkins Homes
will take the National Planning Policy Framework before the Supreme Court for the very first time. Trevor Ivory
and Jim McAvan
look at what is at stake.
Planning: Town and Village Greens: Essex County Council's 'quay' to success
and Erin Keating
consider a recent case which examines an alternative option for landowners and developers faced with a town or village green registration.
Procurement: The essential activities test
A recent Court of Justice of the European Union ruling relating to the Teckal
exemption will be of interest to contracting authorities considering alternative delivery structures and shared services, write Melanie Pears
and Tim Care
Procurement: A third way?
A recent Court of Justice of the European Union ruling suggests potential new avenues for public to public co-operation, write James Clayton
and Mark Fitzgibbon
Procurement: Settlement agreements and the procurement rules
examines a Court of Justice of the European Union case on whether a settlement agreement can amount to a regulated modification of a contract.
Procurement: Insourcing: what do you need to know?
and Caron Gosling
look at the issues for local authorities considering bringing services back in-house.
Procurement: Engaging consultants for public contract specification
What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification? LexisPSL Public Law
, in partnership with Peter Ware
of Browne Jacobson LLP
Procurement: Procurement breaches changing the tender outcome
In this LexisPSL Public Law analysis, Fiona Scolding
, barrister at Outer Temple Chambers
, considers a recent case in relation to damages to be awarded on a procurement claim if the breach would have made a difference to the outcome of the tender.
Projects: Estate regeneration and the right to buy
A High Court judge recently dismissed a legal challenge over a Cabinet’s authorisation of the redevelopment of a large housing estate. James Goudie QC
explains the ruling, including an important issue in relation to the Right to Buy.
Projects: Time for a review?
provides some top tips on how local authorities can go about evaluating the effectiveness of their alternative delivery vehicles.
Projects: 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.
Property: Refurbishment works and business rates
In a decision that will be welcomed by developers and property owners, the Supreme Court has held that a commercial property undergoing extensive refurbishment works was effectively exempt from business rates. Petra Billing
and Ian Brierley
Property: Validity of service charge demands
The Upper Tribunal determined the validity of an estimated service charge demand in light of the UT's earlier decision in Woelke. Katie Gray l
ooks at the outcome.
Property: Assets of Community Value – is there any body there?
What exactly is an 'unincorporated body' for the purposes of the Assets of Community Value legislation? Simon Adamyk l
ooks at the difficulties created by the wording and reviews the key tribunal decisions.
Property: Fresh points on Assets of Community Value
examines the key learning points from the latest batch of rulings in relation to assets of community value.
Regulatory: Consistently packing a punch
looks at the impact of the toughter environmental sentencing guidelines that were introduced in 2014.
Regulatory: Accidents and control of premises
and Lewis MacDonald
analyse a recent case where the Health & Safety Executive brought proceedings against the freeholders of commercial properties where accidents had occurred.
Transport & Highways: Standards of highway maintenance
This LexisPSL Local Government
article, produced in partnership with Nicholas Hancox
of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.