Local Government Lawyer is supporting the #billablehour appeal set up by Sean Jones QC of 11KBW to help Save the Children's work with refugees. Lawyers (and others) have been donating the equivalent charge for one hour of their time. Please donate via the Just Giving page if you can.
WORK IN THE SOUTH WEST: Do you want to work for an organisation that consistently offers an incredible variety of challenging and stimulating legal work? If yes, then why not do it in place of outstanding natural beauty. Cornwall Council is hiring: Senior Planning & Environmental Lawyer; Planning & Environmental Lawyer; Planning & Environmental Lawyer (PT); Social Care Lawyer; and Legal Assistant (Social Care).
South Somerset Council is meanwhile looking for a Principal Solicitor - Planning and Exeter City Council is hiring a Commercial Property and Planning Solicitor.
PM promises further public services reform ahead of Spending Review
Keynote speech from David Cameron will promise further reforms to public services, including “more ambitious” reform of social services and child protection and an acceleration in the sale of public sector assets that are no needed
Two councils secure places on £60m Wales legal advice panels
Two local authorities win places alongside 17 law firms on the National Procurement Service for Wales’ £60m legal services panels
Council spending on external legal advice fell 10% in a year
Spending on law firms and barristers by local authorities in the UK fell by 10% to £156m in 2013/14, research by Thomson Reuters suggests
Crown Commercial Service issues guidance on public-public contracts
Government publishes guidance covering provisions for contracts between one public body and another, also known as ‘public-public contracts’. See also: Policy note issued on supporting apprenticeships via public procurement
European court hands down key ruling on mobile workers and travel time
The time that workers who are not assigned a fixed or habitual place of work spend travelling between their homes and the premises of their first and last customers amounts to ‘working time’, Court of Justice of the European Union rules
Ministry of Justice to be monitored over delays in responding to FOI requests
Government department with overall responsibility for freedom of information policy is itself being monitored by Information Commissioner’s Office amid concerns over timeliness of its responses to FOI requests
County council faces legal action from victim after abuse ring convictions
Buckinghamshire County Council is facing threat of legal action for alleged negligence, after six men were jailed this week over abuse of two schoolgirls
TLT hires Isaacson in boost for social housing team
Hempsons promotes two lawyers in London to partner
Paul Nicholls QC moves to Matrix Chambers
BOOST YOUR CAREER - APPLY TODAY: Click here to see all roles:
MORE NEWS STORIES....
Reform employment tribunal into single jurisdiction: Law Society
Chancery Lane publishes set of proposed reforms to employment tribunal structure including introduction of single jurisdiction, claiming that unlawful employment practices will continue to go unpunished unless system is overhauled
Charity leaders urge exemption from judicial review financial information reforms
ACEVO, the charity leaders’ network, has called for charities to be exempt from Ministry of Justice measures on the provision of financial information to courts on an application for judicial review
City council becomes first authority to set up energy supply company
Nottingham launches first local authority-owned, not-for-profit energy supply company
Council fined £12k after girl injured by hoarding in high winds
Local authority hit with £12,000 fine after eight-year-old girl suffers multiple injuries when wooden hoarding was blown onto pavement during high winds
Liverpool City Council to consult on introducing late night levy
Licensing committee approves plans to consult on introduction of late night levy
Spending watchdog reviews government contracting with smaller providers
National Audit Office announces plans to examine how Government commissions and contracts with smaller providers including SMEs
ON PUBLIC LAW TODAY
Largest housing associations in London call for review of regulatory structure
There is a strong case for reviewing the regulatory structure for housing associations, the g15 group of London’s largest associations has said
Health Secretary asks CQC to review approaches by NHS bodies to data security
National Data Guardian, Dame Fiona Caldicott, to contribute to the review by developing clear guidelines for protection of personal data against which NHS bodies will be held to account
More HE students to be able to complain to Office of the Independent Adjudicator
Consumer Rights Act 2015 extends complaints scheme from beginning of September
Government issues guidance on area reviews of post-16 education and training institutions
National framework sets out how local providers and stakeholders should carry out reviews working with the Further Education and Sixth Form College Commissioners and education and skills agencies
See all of our most recent news stories
INTERIM ROLES: Senior Planning Solicitor (North West), Senior Commercial Property Lawyer (Cambridgeshire), Senior Child Care Solicitor - private practice (West Midlands), Senior Child Care Solicitor (Cornwall) and Planning Solicitor (East Midlands).
FEATURED SUPPLIER: Legal Document Translation
provide you with a proven, trouble-free translation process. We carry out Legal Aid work at very competitive rates for Local Authority Legal Departments, Solicitors, Childrens Services and Social Services departments throughout the UK often providing a same day service.
Learn to REALLY listen with Richard Mullender
LexisNexis would like to invite you to a networking event on 28 September in London for lawyers in the Public Sector. Our guest speaker will be Richard Mullender
, a former Lead Trainer at the National Hostage and Crisis Negotiation Unit, Scotland Yard. He will introduce you to listening skills that will help improve your ability to communicate and influence others, whomever you are dealing with. Click here for further information.
New articles on Local Government Lawyer
The Planning Court has quashed the grant of residential planning permission after a council failed lawfully to address issues of noise and heritage, and acted irrationally. Tom Cosgrove explains the ruling.
Section 49 reports – the thorny issues
Alex Ruck Keene considers some of the issues arising out of the responsibilities to provide s. 49 Mental Capacity Act reports.
Subject access requests: motive and proportionality
The High Court recently considered issues of motive and proportionality in the submission of subject access requests. Andrew Gallie examines the outcome.
Public-public contracts: government guidance
The Government has just issued a procurement policy note on public-public contracts. John Houlden, Stephanie Rickard and Patrick Parkin set out the key points.
Residential service charge recovery
Steven Eccles reviews two important rulings affecting the recovery of residential service charges by local authorities and housing associations.
Responsibility for floodlights
Elizabeth Bower examines a judge’s rejection of a personal injury claimant’s contention that two councils had a duty to maintain a floodlight under a bridge.
Licensing sex entertainment venues
Dr Ashley Bowes comments on the grant by a licensing sub-committee at a borough council of one of the first sex entertainment venue licences in Surrey.
Changes to Sunday Trading?
Robert Botkai sets out the main measures in the Government's consultation on devolving Sunday Trading rules.
Selling Legal Services? Get your service noticed on
Local Government Lawyer and Public Law Today
We are pleased to announce the forthcoming launch of a new directory of local authority traded legal services, providing a cost- and time-efficient way for local authorities to profile their services to hundreds of potential public sector and other clients.
For details of how to advertise, please click here.
The latest blogs...
Summary of changes to the Planning Act 2008 by Angus Walker
This entry sets out the way the Planning Act has changed since it was enacted in 2008.
Want to be a book reviewer? Local Government Lawyer
is soon to launch a new online bookstore and we are looking for practitioners to review the latest legal titles as they are published. Instant fame (and free legal books) guaranteed. Please contact Derek Bedlow at email@example.com
or 0207 239 4917 with details of your areas of interest.
Been away? Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Deprivations of Liberty: "a complete impasse"?
reports on the latest twist in the Court of Protection and cases of deprivation of liberty in the community.
Adult Social Services: Mental capacity and deprivation of liberty: the Law Commission’s consultation paper
The Law Commission has published its eagerly-anticipated consultation paper on deprivations of liberty. Tim Spencer-Lane
, one of the team involved in the project, sets out the key proposals.
Children: Delayed judgments in child care cases
The Court of Appeal recently considered what action a court should take when the preparation and handing down of a judgment in a child welfare case has been very substantially delayed. Lynne Braby-Pavitt
Children: ISIL child brides and the Family Court
Are ISIL child brides set to be a big care problem for the Family Court? Rosalind English
Community Safety: Gangbos and Article 6
examines a landmark decision on the compatibility of “Gangbos” with Article 6 of the Human Rights Act.
Education: Expert evidence about SEN
The Upper Tribunal has considered how the First-tier Tribunal should approach expert evidence about special educational needs and provision. Rachel Kamm
analyses the ruling.
Education: School transport and indirect discrimination
, Trish D’Souza
and Emma Cullen
look at the lessons from a successful judicial review challenge against a council’s home to school transport policy.
Education: Schools and finance leasing
Revised statutory guidance sets out how finance leasing is still a no go area for schools, writes Frank Suttie
Employment: Ill health and TUPE transfers
A recent Employment Appeal Tribunal ruling indicates that employees absent due to ill health might not TUPE transfer, writes Phil Allen
Employment: The right to be accompanied in investigatory meetings
The High Court has held that a university's refusal to allow an employee to be accompanied by a representative of a professional defence organisation at an investigation meeting was unfair and breached the implied term of trust and confidence. Helen Hughes
Governance: Protecting the reputation of the council
considers attempts by local authorities to protect their reputation and analyses a recent European Court of Human Rights ruling.
Governance: False statements and election law
looks at the issues where false statements are made about an election candidate.
Healthcare: Local authorities and health services
The LexisPSL Local Government
team and Ros Ashcroft
examine local authority statutory functions with regard to the provision of health services.
Housing: Using the wrong tenancy agreement
The Court of Appeal has held that an agreement for an introductory tenancy, used in error, did not in fact grant an introductory tenancy, as the tenancy was precluded from being introductory by the Housing Act 1985. Jonathan Manning
and Sarah McKeown
Housing: Setting aside possession orders
When it comes to the setting aside of possession orders, what constitutes a good reason for non-attendance? Will Beetson
examines the key rulings.
Housing: The intentionally homeless
draws together the key principles in relation to councils' duties towards the intentionally homeless. (On Public Law Today)
Information Law: Commercial interests and FOIA
When it comes to commercial interests, where does the balance lie under the Freedom of Information Act? Helen Prandy
looks at a recent First-Tier Tribunal ruling.
Licensing: Safeguarding vulnerable people through taxi licensing
, LLG's National Lead Licensing & Litigation Officer, sets out some of the work being in done in the North East in relation to safeguarding and taxi licensing.
Licensing: When can a licensing appeal be withdrawn?
examines the issues raised when a premises licence holder sought to withdraw an appeal after it had been remitted back to the licensing authority.
Litigation: Are you in time….?
examines some of the issues around the three month deadline for claiming legal costs where the paying party is legally aided.
Litigation: Costs for judicial review
and Morayo Fagborun Bennett
set out key provisions in relation to costs for judicial review, covering protective costs orders (PCOs), interveners and costs capping.
Litigation: Claims over poorly installed cavity wall insulation
considers the issues for local authorities and housing associations arising out of mis-sold or poorly installed cavity wall insulation.
Management: Reviewing legal services expenditure
looks at the steps public sector bodies can take to get the most out of their spend on legal services.
Planning: Lack of EIA not fatal to planning permission
The Supreme Court has handed down a major ruling in a case where there was a legal defect in the procedure leading to the grant of planning permission. Martin Goodall
analyses the judgment.
Planning: Solar farms on agricultural land
Stephen Tromans QC
, Philippa Jackson
and Jon Darby
examine current government policy on locating solar PV schemes on agricultural land.
Procurement: Buying social
analyses what just what can be done and what can’t be done in respect of ‘buying social’ and buying ‘local’.
Procurement: Giving reasons to unsuccessful bidders
Issues over debriefing and the giving of reasons were to the fore in the most recent procurement challenge by European Dynamics. David Hansom
looks at the lessons to be learned.
Procurement: The Supreme Court on material change
The Supreme Court has provided guidance on material change in procurement contracts. Patrick Parkin
and John Houlden
analyse the ruling.
Projects: Interim payment applications
When it comes to interim payment applications: be on time, be late, but don't be early. Louis Foscolo
and John Farrell
look at the lessons from a recent Technology and Construction Court ruling involving a local authority.
Projects: PFI ‘good faith’ obligations under scrutiny
The Technology and Construction Court has recently issued a ruling on a 'good faith' obligation contained in a PFI contract where a local authority was one of the parties. Leah Horn
examines the judgment.
Property: ACV appeals and inspector decisions
looks at the guidance to be gleaned from Assets of Community Value appeals and Planning Inspectors’ decisions.
Property: Public sector landlords, framework agreements and QLTAs
The Upper Tribunal has clarified whether councils and other public sector landlords can use framework agreements to appoint building contractors. Assad Maqbool
considers the significance of the ruling.
Property: Top 3 property litigation Q&As
The LexisPSL Local Government
service regularly publishes Q&As on property litigation. Here are three of the most popular.
Property: When is 'enough' legally enough?
looks at the application of s.9 of the Limitation Act 1980 to a belated High Court claim to force a local authority to refer a compulsory purchase compensation dispute to the Upper Tribunal.
Property: Listed building prosecutions: a practical guide
sets out the pitfalls that local planning authorities should avoid when bringing listed building prosecutions.
Regulatory: What the Tortoise taught us....
A recent Administrative Court ruling provides useful guidance on the duty of local authorities when they are alerted to possible unlawful activity, writes Nicholas Dobson
|The Importance of Judicial Review
||This presentation draws on legal and empirically based research on the use and effects of judicial review (JR) to consider why and how this process matters to local authorities and whether the process improves the quality of decision-making.
|Achieving Better Ethics Across Public Service Provision
||David Prince CBE, independent member of the Committee on Standards in Public Life, outlines his organisation's proposals for ensuring that outsourced providers of public services are subject to the same ethical standards as public sector organisations.
|Procurement and State Aid Reforms – The Commercial Impact
||This course investigates how the new procurement rules and changes to the state aid regime will practically affect local authorities investors in public service delivery, trade in services or generally act as a catalyst in economic development.
|Procurement Masterclass - The Tyranny of the "Sausage Machine"
||Michael Bowsher QC provides a personal view of some of the problems that the process-focused approach to public procurement is creating, and suggests some ways that lawyers can help achieve some of the social benefits it was intended to provide.
|The New Governance Landscape
||This presentation looks at how local authority lawyers can accomodate rapidly changing local government structures and delivery models against a legislative backdrop designed for another era.
|Lessons for Scrutiny from Rotherham and Mid-Staffs
||This presentation looks at the role that scrutiny - or the lack of it - played in the problems that came to light in Mid-Staffordshire NHS Trust and Rotherham Council and looks at how the effective systems of scrutiny can be designed and encouraged to pr
|New Delivery Models: Managing Governance in a Diverse Landscape
||As the number of new, and proposed, models for the delivery of public services continue to multiply, this course looks at the governance issues they create and how local authority lawyers and senior managers can manage an increasingly diverse landscape.
|Top Local Government Cases 2014
||Leading public law barrister James Goudie QC outlines and analyses the most important judicial decisions of 2014 as they affect local authorities.
|The Care Act 2014
||As the implementation of the Care Act 2014 fast approaches, this presentation identifies and explains the key elements of the Act that local authority lawyers need to be aware of.
|Equality Act Defences
||This course looks at the defences and tactics available to public authorities when faced with claims based on the Equality Act 2010 and provides an overview of how to prevent claims arising in the first place through an examination of the case law.