Kent legal chief highlights opinion from QC to question SRA view on trading
Geoff Wild, head of Kent Legal Services, highlights May 2013 opinion obtained from leading local government QC James Goudie as support for view that council legal teams are able to provide reserved legal services to other public bodies beyond their local area without having to do so through an alternative business structure
Councils win places on £30-90m HealthTrust Europe legal services panels
Three local authority legal teams – Kent Legal Services, Staffordshire Legal Services and nplaw – have secured places on HealthTrust Europe’s legal services panels, which have an estimated value of £30-90m
Council uses ASB and planning laws to secure traveller injunction
Blackpool Council believes it to be first time that local authority has used Section 1 of the Anti-Social Behaviour Crime and Policing Act 2014 along with Section 187B of the Town and Country Planning Act 1990 to secure injunction
Developer to pay £700k after building flats without planning permission
Developer who built six-storey block of flats in London without planning permission hit with £700,000 confiscation order, thought to be one of biggest ever in relation to planning offence
Government to press ahead with plans for single public services ombudsman
Cabinet Office says it will continue to develop detail of proposed single public services ombudsman for England, but decides that Housing Ombudsman will remain separate body at outset
Foster providers lose High Court battle over "most appropriate placements"
Independent foster providers fail in High Court legal challenge over nature of duty imposed on local authorities under Children Act 1989, when choosing foster placement, to place child in “most appropriate placement available”
Council to refund fixed penalties after admitting dog control order error
Borough council to refund payment of 44 fixed penalty notices issued in respect of dog control orders, after admitting to “administrative procedural error”
Guidance issued for councils on library service duty as anger grows over cuts
Department for Culture, Media & Sport publishes guidance on legal duty on local authorities to provide ‘comprehensive and efficient’ library service under Public Libraries and Museums Act 1964
Watchdog in guide for public services providers on high ethical standards
Committee on Standards in Public Life publishes practical guidance for providers of public services – whether outsourced or in-house – to promote high ethical standards
Council criticised for second time in two years over young homeless support
Local Government Ombudsman issues second critical report in two years about way borough council supports young homeless people
Supplier sought for £3.3m legal advice to police bodies
Tower Hamlets to appoint provider to two-year debt recovery deal
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MORE NEWS STORIES....
London boroughs all sign up to develop counter-fraud hub
All 32 London boroughs and City of London are developing counter-fraud hub that will seek to identify instances of fraud committed against local government in capital
Liverpool and housing association drop Welsh Streets legal challenge
City council and Plus Dane end legal challenge over Community Secretary’s decision to reject plans for regeneration of ‘Welsh Streets’ area
Councils face being stripped of role running children’s services: PM
Local authorities that fail to improve poorly performing children’s services could be stripped of their roles, Prime Minister announces
100+ councils sign up to One Public Estate property rationalisation scheme
More than 100 councils are to join third phase of ‘One Public Estate’ programme, which is intended to release excess government land and property
Club owner wins permission for judicial review of housing scheme consent
Owner of Club 414 in Brixton given permission to bring judicial review challenge to Lambeth Council's grant of planning permission for housing development that could lead to club’s closure
Law Society urges protection for privilege in investigatory powers legislation
Chancery Lane repeats its call for explicit statutory protection for legal professional privilege to be included in Draft Investigatory Powers Bill
Government issues guidance on new procurement rules for subcontracting
Cabinet Office and Crown Commercial Service publish guidance explaining new rules on implementing subcontracting provisions in new procurement directive
See all of our most recent news stories
New articles on Local Government Lawyer
Capacity, marriage and consent
A Family Division judge was recently asked to consider whether to make a declaration of non-recognition of a marriage in Pakistan, after he concluded that the husband lacked capacity to marry and consent to sexual relations. The Court of Protection team at 39 Essex Chambers look at the outcome.
The Court of Appeal on disability discrimination law
Disability discrimination law has been clarified by a significant Court of Appeal ruling, but it remains complex when applied to ill-health absence, writes Phil Allen.
The Housing and Planning Bill: consents with benefits?
Rebecca Clarkson considers how the Government’s proposed duty to list financial benefits associated with planning may create trip wires for development.
Trump’s tilt at windmills
James Findlay QC analyses the Supreme Court's ruling in Donald Trump's challenge to an offshore windfarm and in particular highlights Lord Carnwath's significant comments on implied conditions In planning perrmissions.
Permission in principle: one step removed from prior approval and permitted development?
John Bosworth and Lee Ward consider the implications of the Government's proposed introduction of 'permission in principle'.
More on 'living wages' in public contracts
The European Court of Justice (CJEU) has recently ruled on the extent that public authorities can require contractors and their sub-contractors to comply with regional legislation imposing a 'living wage'. David Hansom reports.
Exempt lotteries and deregulation
The long-awaited relaxation of rules on exempt lotteries has finally been announced, writes Anna Mathias.
LATEST INTERIM ROLES: Housing Litigation Lawyer (West Midlands), Commercial Property Lawyer (Devon), Contracts & Procurement Lawyer (West London) and Planning and Highways Solicitor (Cheshire).
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The latest blogs...
No (2) runway decision but it is a DCO by Angus Walker
At 7.15pm last night upon the Prime Minister’s return from Poland, the government issued a statement on what it was going to do about the Airports Commission’s July recommendation.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: The Supreme Court on ordinary residence
The Supreme Court earlier this year considered the question of 'ordinary residence' in relation to people without capacity to decide where to live. The Court of Protection team at 39 Essex Chambers
examine the ruling.
Adult Social Services: The Care Act 2014 – six months on
Has the Care Act 2014 been successful since it came into force? Carolyn Hunnisett
talks to LexisNexis
about the positives and the negatives of a landmark piece of legislation.
Adult Social Services: The (indemnity) cost of getting it wrong
The Court of Protection team at 39 Essex Chambers analyse the award of indemnity costs against a local authority for breaching a disabled woman's rights.
Children: Section 20: Conscious uncoupling
looks at the President of the Family Division's important comments on local authorities' use of section 20 of the Children Act.
Children: Problems with a fact-finding hearing
The Court of Protection team at 39 Essex Chambers
look at the lessons from a Court of Appeal ruling that a judge’s fact-finding exercise was fatally flawed.
Children: Looked after children and deprivations of liberty
A judge has recently ruled that a local authority cannot consent to the deprivation of liberty for a Looked After Child, writes Harjinder Sandhu
of Coventry City Council.
Children: Expect the unexpected
Kent County Council recently obtained a High Court order requiring the return of a 13-year-old girl who had been taken to Sudan and was feared to be at risk of female genital mutilation. Graeme Bentley
of Kent Legal Services explains what the court proceedings involved.
Education: SEN funding comparison costs
and Ken Slade
analyse a recent Upper Tribunal decision intended to bring clarity to SEN funding comparison costs cases.
Education: Religious education and state impartiality
A High Court judge has issued a significant ruling on the law governing the teaching of, and curriculum-setting for, religious education in schools and academies. Paul Greatorex
analyses the judgment.
The High Court has found that a council breached the substantive legitimate expecation of a 21-year old man who was statemented and to whom it provided support. Tom Cross
looks at the reasons why.
Employment: TUPE transfers and change in identity of employer
The Employment Appeal Tribunal has recently considered TUPE transfers in the context of joint employment and multiple transferee/transferor cases. Peter Edwards
, Ron Simms
and Raj Basi
Employment: LGPS asset allocation
The Government has unveiled plans to liberalise the LGPS (Local Government Pension Scheme) investment regime. Clifford Sims
explains the significance of the move.
Employment: Dismissal and consistency of sanctions
A recent Employment Appeal Tribunal has shown how consistency of disciplinary sanctions is important, but that different sanctions do not always make dismissal unfair. Phil Allen
Governance: The Modern Slavery Act 2015
and Peter Wake
consider what the Modern Slavery Act 2015 will mean for the public sector.
Healthcare: Conditional discharge and DoL
An Upper Tribunal judge has handed down a key ruling on conditional discharges and deprivations of liberty that has wider implications. The Court of Protection team at 39 Essex Chambers report.
Healthcare: Producing reports for children proceedings: a practical guide
Jane Bennett outlines some of the areas of focus for healthcare professionals asked to prepare a report for children proceedings.
Housing: A chink in the armour
A High Court judge has ruled that the Government's benefits cap unlawfully discriminated against disabled people by failing to exempt their carers. Alexander Campbell
reports on the judgment.
Housing: Homelessness roundup
rounds up of some of the most important Court of Appeal rulings this year in the homelessness field.
Housing: The HCA on consumer complaints
The Homes and Communities Agency has outlined its approach to dealing with consumer complaints. Daniel Milnes
Information Law: In theory - local authority data retention
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.
Information Law: Re-using public sector information
This Q&A from the LexisPSL Public Law
team examines the key changes implemented by the Re-use of Public Sector Information Regulations 2015, which came into force from 18 July 2015, replacing the Re-use of Public Sector Information Regulations 2005.
Licensing: Shadow licences – a cause for concern or not?
considers the law on so-called “shadow licences” under the Licensing Act 2003.
Licensing: The impact of cumulative impact
Philip Kolvin QC
reports on two recent licensing cases concerning the application of cumulative impact policies.
Licensing: Gambling licensing and risk prevention
The Gambling Commission has published the 5th Edition of the Guidance to Licensing Authorities. Stephen McGowan
looks at what is new.
Licensing: Costs awards in licensing appeals
A group of residents in Mayfair were recently ordered to pay the licensing appeal costs of another group of residents. Gary Grant
Litigation: Part 36 offers
The High Court has issued what is thought to be the first ruling on whether a Part 36 offer was a genuine attempt to settle. Andrew Cousins
reviews the outcome of an age assessment case involving a local authority.
Litigation: Vulnerable parties, witnesses and children in the family courts
With a consultation on new rules having just closed, Amanda Johnson and Kate Tompkins provide a useful reminder of the factors to be taken into account when approaching the multiple problems arising from cases involving vulnerable witnesses.
Litigation: A respondent's right to a fair committal application
Toby Huggins sets out some of the key provisions to be borne in mind if committal applications are to succeed.
Management: Shared services: key issues
LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.
Planning: Wind turbines and the Broads
The Court of Appeal has dismissed an appeal against a judgment upholding an inspector’s decision to grant planning permission for a 125m wind turbine. Richard Honey
Planning: Section 106 and switching planning permissions
The Court of Appeal has recently considered whether a developer could switch between two different planning permissions, so as to avoid planning obligations imposed by one of those permissions. John Hunter
analyses the ruling.
Planning: French government loses basement challenge
The French government has failed in a judicial review challenge over a mega-basement next to its embassy in London. Paul Brown QC
examines the High Court's judgment.
Planning: Inspector’s decisions and the kitchen sink
A recent Planning Court decision highlights the need to handle early stage neighbourhood plans on appeal, write Lucy McDonnell
and Roy Pinnock
Planning: Defective planning permissions and negligence claims
A judge recently rejected a claim for compensation against a local authority based on alleged reliance on a defective grant of planning permission. Tom Challis
Planning: The new CPO Circular
The Department for Communities and Local Government has issued a new circular on compulsory purchase and the Crichel Down Rules. David Altaras
and Marc Samuels
review this key document for planning practitioners.
Procurement: 2, 4, 6, 8, who do we appreciate? (how do we evaluate?)
Mark Cook looks at the likely impact of much-heralded changes to the use of evaluation criteria.
Procurement: Location, location, location
examines the outcome of a recent Spanish procurement case where a contracting authority had sought to specify location requirements for a health service contract.
Procurement: Being upfront
When it comes to publishing the ‘procurement documents’ electronically, what do contracting authorities need to publish and when? Jenny Beresford-Jones looks at a new steer given by the Crown Commercial Service.
Projects: Comparing project management methodologies
LexisPSL Public Law
and Andy Cooke
of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile.
Projects: The importance of Dispute Adjudication Boards
looks at the courts' approach to cases where there are contractually agreed methods of dispute resolution, such as appointing a dispute adjudication board.
Property: Breaking point
The Supreme Court has put an end to the confusion over break clauses, apportionment and implying contractual terms. Martin McKeague
and Emma Porritt
look at the key lessons from the ruling.
Property: Assets of Community Value: the latest rulings
Two new judgments have provided further guidance on the operation of the Assets of Community Value regime, writes Christopher Cant
Property: Parking charges and penalties
A recent Supreme Court ruling is of great significance to all those organisations, including NHS bodies, which run car parks. Virginia Cooper
and Nadia Osborne
Property: Residential service charge recovery
Steven Eccles reviews two important rulings affecting the recovery of residential service charges by local authorities and housing associations.
Regulatory: High stakes
Significantly higher fines could be imposed for health and safety offences under new guidelines from the Sentencing Council. Helen Devery
looks at the likely impact on local authorities and their employees.
Regulatory: The 'Average Consumer' and reasonable care
The Court of Appeal has recently shed light on what the 'Average Consumer' should do with regard to taking reasonable care. Alan Conroy
looks at the lessons for local authorities when it comes to enforcement.
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.
|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.
|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.