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JOB OF THE WEEK: You have less than a week to apply for a fantastic opportunity to join the Treasury Solicitor's Department, which is hiring Lawyers - Litigation and Advisory. Be at the heart of the UK Government's legal system. Closing: midday, 29 October.
Last call to complete our survey on the potential impact of the Care Act 2014. You can remain anonymous and you will be entered into a draw for a £50 John Lewis voucher. The survey takes no more than 15 minutes.
Councils issue notice on possible outsourcing of £20m-a-year support services
Prior information notice published and market engagement day scheduled for range of services including legal and democratic
SRA consults on draft 'Competence Statement' as educational and training shake-up continues
Statement sets out to define continuing competence the regulator requires from all qualified solicitors
Supreme Court to hand down key ruling next week on proper approach to consultations
Appeal relates to consultation by London borough over its council tax reduction scheme
Senior judge issues second ruling on deprivation of liberty and due process
President of Court of Protection, Sir James Munby, answers further questions on correct process for handling deprivation of liberty cases in aftermath of Supreme Court decision in Cheshire West
Staffordshire names Director of Law as interim chief executive
Second large authority this month to turn to lawyer to fill interim post
Cabinet backs legal team joining shared service subject to business case
Staff likely to be transferred to One Legal in January 2015
High Court judge rejects challenge to withdrawal of wheelchair bus service
Judge unable to accept that claimants' grounds for challenge were made out
LGA seeks evidence on licence-fee setting ahead of Supreme Court hearing
Association advises councils not to issue refunds to businesses seeking reimbursement until definitive settlement provided by court in Hemming
Government consults on enabling power to help SMEs bid for public contracts
Power would allow introduction of measures through secondary legislation and imposition of duties on procuring authorities
Trade unionist fails in High Court bid to stop council disciplinary action
Teacher who later worked full-time on union activities for 14 years claimed that London borough could not take action against her
Government retains Pedlars Acts but will reform street trading rules in April
Response to consultation revealed police and local authority concern at earlier proposal to abolish certification
APPLY TODAY: The forward thinking and progressive legal team at Southampton City Council is hiring a Senior Solicitor (£38,974 to £49,034) to handle planning and environment work.
Other great positions on LGL include:
INTERIM ROLES: Childcare Barrister/QC (£32k pa for 10-14 hours/month), Senior Planning and Property Lawyer, Senior Contracts Lawyer, Commercial Property Solicitor, Childcare Lawyer and Commercial Contacts and Procurement Lawyer. To see all roles on LGL, click here.
MORE NEWS STORIES....
Professional bodies attack "chilling effect" of judicial review reforms
Bar Council, Law Society and CILEx call on peers to amend Criminal Justice and Courts Bill, saying it would shield public bodies from proper scrutiny. See also: MPs and peers renew attack on Government reforms to judicial review
BVI property company gets £138k liability orders for rates set aside
District judge accepts that there was a genuine and arguable dispute about whether company had been in rateable occupation of six separate hereditaments
Healthwatch slams "utterly bewildering" complaints system for care in England
Local authority and NHS red tape makes it too difficult for people to complain about poor care, claims consumer champion
Care watchdog board to consider final report on use of surveillance
Information to be provided to public and providers on use of covert and overt surveillance in health and social care settings
Councils hail Government u-turn on who can drive licensed minicabs off duty
But LGA still would like to see deletion of two remaining taxi clauses in Deregulation Bill
Illicit products work now must common tobacco control activity: TSI
Institute survey points to rise in trading standards activity over electronic cigarettes
Defra issues guide on new powers for councils and police to stop dog attacks
Pub manager ordered to forfeit £25k+ in assets over illegal gambling
Landlord ordered to pay £30k after tenants left without heating and hot water
See all of our most recent news stories
KEY EVENTS AND COURSES:
FEATURED SUPPLIER: 37 Park Square Chambers in Leeds provides specialist legal advice and advocacy services in the core areas of Family Law, Criminal Law, and Civil Common Law. Individual barristers also have specialisms in areas such as Court of Protection, Employment Law, Planning, and Health & Safety.
New articles on Local Government Lawyer
The future of the Green Belt
“The answer’s no, what’s the question?” Peter Village QC and Jonathan Darby consider the issue of Green Belt policy ahead of the general election.
Anti-Social Behaviour – the new reforms
In this first of two articles Andrew Lane looks at the new ASB “tools” introduced by the Anti-social Behaviour, Crime & Policing Act 2014.
Running the state aid gauntlet
Alison Deighton and Philip Roberts examine some important developments for local authorities and other public bodies in relation to state aid.
The right to autonomy
Rosalind English reviews a recent Court of Protection case where an NHS trust sought declarations in relation to a young woman with anorexia nervosa and an alcohol dependence syndrome.
Housing benefit: calculating capital
The Upper Tribunal (Administrative Appeals Chamber) has given guidance on the proper approach to the calculation of capital under reg.51, Housing Benefit Regulations 2006. Justin Bates, David Cowan and Amy Knight report
Procurement regulations and social housing
Social housing providers should be aware of some significant changes ahead with the arrival of the Public Contracts Regulations 2015, writes Bill Bullivant.
Local authority deputies
The Court of Protection team at 39 Essex Street look at the pros – and a con – of a recent ruling in relation to local authority deputies.
Feeling insecure? Reach for the Cyber Essentials
The Government recently made use of its Cyber Essentials scheme mandatory for certain government contracts and recommended its adoption more widely. Sophie Burton-Jones explains what it entails.
New courses on Local Government Law TV
All courses are CPD-qualifying. Your first course is FREE.
|Whistleblowing in the Public Sector
||This presentation examines the effect of the law(s) intended to facilitate whistleblowing and to protect whistleblowers, and provides guidance to public authorities on how to prepare for and respond correctly to a disclosure.
|Making the new EU procurement regime work for you
||This course provides a succinct overview of the main changes set to be introduced by the new EU procurement directives and the new regulations published in September 2014 and explains how they can be applied in practice.
Departmental subscriptions from £249 + VAT for 12 months unlimited access (LLG members). Click here for details.
The latest blogs...
Council makes first application to change a DCO by Angus Walker
This entry reports on the first time an application has been made to amend a development consent order. The application was made by Lancashire County Council for the Heysham to M6 Link Road.
Been away? Features on Local Government Lawyer recently include:
Adult Social Services: Fluctuating capacity and deprivation of liberty
Cases where an individual's capacity fluctuates can be challenging. The team at 39 Essex Street
review a recent ruling in the Court of Protection.
Adult Social Services and Careers: Taking care
Lee Parkhill, a barrister at leading set 4-5 Gray’s Inn Square, has previously worked for a regulator of social care providers, the largest local authority in the country and a major law firm. He tells Local Government Lawyer
about moving to the Bar and why he practises health and social care law.
Careers: Legal apprenticeships for local authorities
How can the various types of legal apprenticeship help local authority legal departments? Noel Inge
explains the benefits and how councils can set up schemes.
Children: Ordinary residence: homeless children
The Community Care team at 39 Essex Street
consider the lessons to be learned from a Local Government Ombudsman investigation into a complaint against Doncaster Council.
Employment: Recovery of public sector exit payments
The Government has recently consulted on legislation that would claw back exit payments from high-earning staff in the public sector. But will it work in practice? Maeve Vickery
examines the issues.
Employment: Disciplinary proceedings and the duty of care
The Court of Appeal recently overturned a ruling against a university in a work-related stress case. Andrew McLaughlin
Governance: Trading up
explores how local authorities considering trading can get started on the right track and stay there, and reports on a new pilot scheme from Local Partnerships.
Healthcare: To consult or not to consult the nearest relative?
analyses a Court of Appeal ruling on a claim against a council for unlawful detention and psychiatric injury.
Housing: The Homes and Communities Agency and intervention
considers the Homes and Communities Agency’s recent Consumer Regulation Review and the questions it throws up about the threshold for HCA intervention.
Licensing: Summer-y Justice?
The heat went to the head in the High Court dealing with summary reviews, writes Rory Clarke
Litigation: Refusals to mediate: the Northrop Grumman case
A party unreasonably refuses to mediate but recovers all its costs. Gordon Exall
explains why the judgment in Northrop Grumman
is essential reading for litigators.
Litigation: Closing a care home
A High Court judge has rejected a judicial review challenge brought on behalf of a 101 year old resident over the proposed closure of her care home. Rosalind English
Management: Charting a course
These are undeniably challenging times for the public sector but its lawyers should still be upbeat, Lawyers in Local Government President and Director of Essex Legal Services Philip Thomson tells Philip Hoult
Planning: The meaning of 'any other harm'
The Court of Appeal has overturned a High Court ruling in a planning dispute over an aerodrome in Surrey. James Maurici QC
explains what it means.
Procurement: Procurement regulations and the risk of misclassification
There have been a number of cases where procurements have been challenged on the basis that the public (or utilities) procurement regulations should apply to the purchase, but have not been followed. David Hansom
looks at the issues that can arise if organisations get the assessment wrong.
Property: CIL: the clock is ticking
As new 'deadlines' approach for the introduction of the Community Infrastructure Levy, have councils given themselves a health check? Stuart Shortman
of nplaw explains.
Snap judgement: Do you expect to be employed within an ABS in five years' time?
Click here to vote now
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