Local Government Lawyer
Editor's blog: Adding up the bill

Media coverage of the Government's Caring for our future: reforming care and support White Paper was always going to zoom in on the central question of how the adult care system will be funded in future. But this should not overshadow other important developments such as the draft Bill published at the same time. Read more...

New timing for the newsletter: We have decided that, for a trial period, we will start sending each issue out in the first half of each week, rather than Fridays. Today's bumper issue has articles on collateral challenges, mutuals and social housing, contract delivery, Zambrano carers, the deprivations of liberty and much more.

Have you tried our Local Government Law.tv site? Remember the first course is free. New additions this week include Judicial Review and Governance, Social Media in the Workplace and Consumer Protection from Unfair Trading
. An annual subscription to Local Government Law.tv - providing unlimited access to all our courses - is just £199 +VAT.

Jobs latest: Derbyshire Dales is looking for a Solicitor and Deputy Monitoring Officer to lead its busy in-house legal team. 
 


News headlines

ContractsSupreme Court to consider extent of 'non-delegable' duty owed by councils Highest court will examine extent of duty owed by authorities when outsourcing services

Education and children's services now no. 1 source of complaints to LGO Category takes over top slot from housing. Complaints in relation to adult care increase significantly for second year running

Competition breach sees council-owned bus company pay exemplary damages Competition Appeal Tribunal orders Cardiff Bus to pay out nearly £100,000, but claimant had been seeking £50m

Joint action by councils sees landlord fined £310k for planning breaches Defendant had created 28 flats in four houses, in breach of planning regulations

Camden Council wins first stage in appeal over "squatters' roadmap" FOI case Case about disclosing list of empty properties will now be reheard by differently-constituted tribunal

Brussels kicks off review of general block exemption regulation GBER Is one of few potential reliefs that local authorities can rely on to avoid falling foul of state aid regulations

HSE fires warning as council told to pay £100,000 for gas safety failings London borough pleads guilty to nine breaches in relation to lapsed checks. Fourteen other breaches also taken into consideration

ICO publishes guide to applying Environmental Information Regulations Watchdog publishes guidance after receiving hundreds of complaints about public authorities' application of EIR in last year

NHS trust ends appeal over record fine for data breach and pays up Brighton and Sussex University Hospitals Trust ends threatened legal challenge to ICO penalty

NHS trust becomes fifth health body in three months to get hefty ICO fine St George's fined £60,000 after sensitive information about vulnerable person sent to wrong address on two occasions

Multi-agency arrangements for child protection to face no-notice inspections Scrutiny to extend beyond local authorities to health, police, probation and other services. Ofsted also to consult on new inspection regime of services for looked after children

Funding concerns remain as adult care white paper published Draft Care and Support Bill to consolidate adult care laws into a single statute

Council to put majority of new tenants on five-year fixed term Most under-25s will see tenancy reviewed after two years, care leavers to be given five years

Social landlords "faced 300,000 anti-social behaviour cases in 2011/12" Benchmarking data suggests total cost of tackling issue is more than £300m a year but probably a lot higher

Businesses end judicial review over Olympics traffic regulations

Minicab firm loses JR challenge over bus lane policy in London 


Council rapped for failure to give full remedy to overcharged taxi drivers

Residents lose JR over air defence missiles on tower block


See all of our most recent news stories



New articles on Local Government Lawyer

InjunctionCasino licensing and collateral challenges
A decision from the High Court has wide significance in relation to later challenges to licence grants through the medium of statutory reviews, writes Philip Kolvin QC. The judgment is of importance to public lawyers generally. 

The role of mutuals in social housing
Mike Gaskell examines the place of mutuals in the social housing field and reports on his firm's involvement with setting up the novel Rochdale Boroughwide Housing structure. 

The show must go on
What can you do when a contractor is unable to deliver? Emily Heard and Laura Brealey look at the options available to public authorities.

The LIBOR affair and local authorities
The revelations over LIBOR have dominated the front pages in recent weeks. But what are the potential consequences for local authorities? Emily Heard, Peter Keith-Lucas and Patrick Holmes explain.

Zambrano carers and their eligibility - a provisional solution
The ECJ decision in Zambrano is significant in how it impacts upon applications under Part VII of the Housing Act 1996. Donald Broatch reports on a recent County Court judgment and sets out the approach authorities should take ahead of a possible Court of Appeal ruling.

Emergency ahead! Works in progress
Michael Salau reports on a significant ruling for local authorities seeking to persuade owners of derelict buildings to carry out repair works. 

On your guard
Are problems emerging with how the deprivation of liberty safeguards operate? Lucy Series sets out ten signs of trouble with the regime.

Balancing values
The Court of Protection team at 39 Essex Street report on the recent high-profile case over whether it was in the best interests for a 32-year-old woman with anorexia to be fed against her wishes. 

All mapped out?
Camden Council has successfully overturned the controversial "squatters' roadmap" decison on appeal to the Upper Tribunal. Anya Proops examines the ruling, which means the case will be remitted to a differently-constituted tribunal.

Band on the run
Can the Community Infrastructure Levy be used to fund broadband? Malcolm Dowden examines the possibilities.
 


Local Government Law.tv


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4-5 Gray's Inn SquareTop Ten Public Law Cases of the Past 12 Months  Richard Clayton QC reviews 10 of the most important public law decisions of the past 12 months, including important judgments on community care provision, consultation, legitimate expectation, reasons and the public sector equality duty.

HardwickeThe Localism Act 2011 and Housing This package consists of four courses covering the major changes for social landlords and housing authorities brought about by the Localism Act 2011 - Flexible Tenures, Homelessness duties, Part 6 Allocations and Tenancy Strategies and Regulation.

Hill DickinsonTown and Village Greens - Recent Developments This course will look at recent developments surrounding the town and village green regime and provide guidance on how landowners can best prevent applications being made and successfully defeat applications when they are made.

39 Essex StreetThe Court of Protection: Three Practical Problems  This course looks at three particularly difficult situations that commonly arise at the Court of Protection and outlines some of the approaches that local and health authorities can take to best try to resolve them.

TPPAgency Workers Regulations 2010: Scope and Practice The course explains who the Agency Workers Regulations apply to, the scope and effects of the regulations and highlights key points that may arise in practice.

Act NowEmail and Internet Monitoring Monitoring and recording of employees’ email, internet and telephone usage (with or without consent) is a legal minefield. This workshop provides a thorough examination of the law and practice in this area.

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BlogsThe latest blogs...

Writing on the Audit Wall by Nicholas Dobson
If the original 'writing on the wall' noted in the biblical Book of Daniel charted the imminent Babylonian demise, the August 2010 writing on the newsroom wall of the DCLG by Eric Pickles did much the same for the Audit Commission.


Snap judgement: Is your authority ready for the new standards regime?

....Yes - errant members beware

....What new standards regime?

Click here to vote now


And some you may have missed....

Adult Social Services: The responsibilities of Approved Mental Health Practitioners The High Court has confirmed the limits to the responsibilities of Approved Mental Health Practitioners, write Jill Mason and Lucy Johnston

Children's Services: Exclusion zone Satnam Virdi examines new statutory guidance issued by the Department for Education that will apply to school exclusions from 1 September 2012.

Community Safety: To RIPA or not to RIPA The days of local authorities being able to use surveillance powers to tackle dog fouling and littering offences will soon be over. Ibrahim Hasan looks at what happens next. 

Employment: The Public Sector Equality Duty - change for the Equality Act? The Government has recently announced proposals to reform a number of aspects of the Equality Act, including the public sector equality duty. Graham Richardson considers the potential impact of these changes for employers. 

Governance: FOI under scrutiny What changes will the post-legislative scrutiny of the Freedom of Information Act bring? Ibrahim Hasan considers the most likely recommendations.

Healthcare: Public law and employment disputes Rosalind English reports on a case where the High Court rapped a NHS trust on the knuckles for refusing to reinstate a union activist.

Housing: Sizing up equality Ken Slade and Morris Hill examine the impact on the disabled of the Court of Appeal's decision in the Burnip housing benefit case. 

Licensing: Is there a better way? Paddy Whur looks at the frustration felt by a local authority when it was faced with its inability to defend its own decision to refuse the grant of a betting premises licence under the Gambling Act 2005.  

Litigation: 99 problems....illegal ice cream trading and injunctions Adam Blenkinsop and Katy Kidd report on Lambeth Council's recent success in obtaining injunctions against unlicensed ice cream traders in London's South Bank, and outline the legal framework for local authorities bringing such actions.

Planning: Injunctions: a no-brainer? Local authorities should consider making greater use of injunctions to ensure compliance with planning and environmental laws, argues Jack Smyth.

Procurement: Express delivery John Randall QC examines the interaction between repudiation at common law and express termination clauses and explores the advantages of each route.

Projects: Recipes for a lean future RIchard Craven and Wisham Sirham examine the new approach to public sector construction recommended by a Government task group. 

Property: Seeing reason A recent Upper Tribunal ruling in a service charge dispute has implications for all cases before the Leasehold Valuation Tribunal, writes James Fieldsend

Regulatory: Calling time on benefit fraud Ian de Prez analyses a particular problem that can arise in some of the benefit fraud cases which inevitably form part of the caseload of a prosecuting lawyer working for a district or unitary council. 


Practice area pages:  Adult social services, Children's services, Community safety, Employment, Governance and risk, Healthcare, Housing, Licensing, Litigation, Planning, Procurement and contracts, Projects, Property and assets, Transport, Management


Derbyshire Dales

Solicitor and Deputy Monitoring Officer

We are looking for an enthusiastic and capable Solicitor to lead a busy in-house team dealing with legal matters across the whole of the Council’s core services, and to take a personal interest in specialist areas such as RIPA, procurement, FOI, litigation and asset management.


Jobs of the week

Head of Legal and Democratic Services
A public sector body requires a Head of Legal and Democratic Services for a 3-6 month term. The individual will preferably have acted in a similar role in the past.

Head of Corporate Legal Affairs
This is an exciting new role for this recently restructured professional regulatory body, leading the in-house corporate team.

Adult Social Services & Education Lawyer
A public sector organisation is currently looking for an ambitious and passionate Adult Social Services Solicitor to join its legal services team. 

Property and Contracts Solicitor
A permanent, full-time position for a solicitor has arisen in a contracts and property team within a successful local authority in the South West.

Scroll down the newsletter to see our spotlight on planning roles. 

Other featured jobs

Commercial Contracts and Procurement Solicitor
An excellent opportunity has arisen for a Locum Commercial Contracts and Procurement Solicitor has arisen within a busy local authority on the South Coast for an initial 3-6 months.

Prosecutions Lawyer
An opportunity has arisen for a Locum Lawyer in the South East London area. You will have previous experience of dealing with prosecutions and litigation. 

Employment Solicitor
A well-respected, leading Midlands firm requires an Employment Solicitor for its Birmingham office to cover a period of maternity leave. 

Data Protection Manager
A public sector organisation based in the South East is looking for an information law specialist to join its legal services team. 

Contracts Lawyer
An excellent opportunity has arisen for an experienced Contracts Lawyer to join a local authority based in the North West of England. 

Procurement and Contracts Lawyer
An opportunity has arisen for a Procurement and Contracts Lawyer on a temporary basis in East London. 

Regulatory Paralegal
The opportunity has arisen for an experienced paralegal to join the regulatory law team of this large public sector body. 

Contracts Paralegal, Legal Assistant
A public sector client is seeking a commercial contracts paralegal/legal assistant to join its legal team with immediate effect. 

Investigations Officer
An excellent opportunity has arisen within this regulatory authority to handle complaints about its registrants' fitness to practise. 

Industrial Disease Solicitor
A well-regarded practice in East Yorkshire requires an Industrial Disease Solicitor to join its team with immediate effect. 

Immigration Solicitor
A not-for-profit organisation offering advice on a full range of legal issues is keen to recruit a part-time immigration solicitor to cover a period of maternity leave. 
Search all jobs


Spotlight on Planning jobs

Planning Lawyer
We are currently recruiting for a fantastic Planning locum position within a local authority based in the North-West.

Planning & Highways Lawyer
This popular centrally located London Borough is seeking a Planning and Highways lawyer to join its team for a period fo three months.

Planning Solicitor x2
We are currently recruiting for a number of excellent Planning Lawyer positions in London and the South East.

Planning and Environment Lawyer 2+
This business is going from strength to strength and has established itself as a respected large commercial practice in the South West.

Planning Lawyer 1+PQE
This leading national firm's planning team advises on all aspects of development and planning law, policy and practice, environmental regulation and enforcement, as well as public law and local government issues. It is looking for a junior assistant with at least 1 year's pqe.















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