Editor's blog: Beyond borders
The news that four London councils are set to give the go-ahead to the creation of a shared legal service inevitably raises the question of where this will all lead. Read more...
Jobs latest: A rare and very interesting role has just come in at the Local Government Association - Programme Support Officer to its Legal Services Team. There are plenty of other great jobs on the site today. They include Commercial/Procurement Lawyer - Staffs and West Mids Probation Trust (to £39k) and locum roles for a Data Protection Solicitor, an Education Solicitor and an Interim Legal Services Manager. Please let them know you saw the advert on Local Government Lawyer.
Book now: Advocacy skills for family lawyers - 15 March or A modern obstacle race: Major works consultation and dispensation - 27 February.
LGL in figures: 22,151 unique visitors last month (up 33% on January 2012).
There are ten features this week, including articles covering academy conversions, the GCSE results judicial review and Article 8 defences since Pinnock.
London councils pursue four-borough shared legal service Two local authorities to join existing shared legal service
Haringey sees off Court of Appeal challenge to its council tax reduction scheme Judges give all clear to scheme after expedited hearing
Law Society questions SRA plan on local government solicitor charging Chancery Lane insists any proposal should be "significantly limited", says council solicitors would be at an advantage over private practice firms. See also: Wild accuses Law Society of protectionism in charging row
Council faces big payout after losing case on providing info on agency workers Employment tribunal ruling predicted to have significant implications across the country
Borough warns Health Secretary of legal action over hospital downgrade Pre-action letter sent in row over emergency and maternity services
Council rules out action against chief exec for recording call with leader Chief executive told standards committee that recording was not in his own interest but that of the authority
Legal action launched over data sharing between Home Office and hospitals Claimant law firm says immigration rules and guidance breach patient confidentiality and are discriminatory
Mobile home site owner ordered to pay £300k+ after council prosecution
Newcastle consults on plan to bring in late night levy in November
Home Office consults on draft code of practice for surveillance
Admin Court to consider right of Zambrano carers to housing benefit
See all of our most recent news stories
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New articles on Local Government Lawyer
Academies: a local authority guide to conversion
Since the Academies Act 2010 came into effect Hertfordshire County Council Legal Services has administered 71 academy conversions. Adeola Sonola looks at the practical issues commonly encountered in a conversion.
The GCSE result is in
The Divisional Court has dismissed the claims for judicial review of the award of GCSE English qualifications in the summer of 2012. Rachel Kamm explains why.
The four licensing priorities
Leo Charalambides considers the significance of a High Court judge's remarks on the administrative nature of licensing determinations and the promotion of the public interest.
Was it all worth it? Article 8 defences since Pinnock
Ian Miller reviews the key cases handed down since the Supreme Court's landmark ruling in Pinnock on Article 8 defences.
CVs, evaluation and the award stage
Is it lawful to evaluate the CVs of a proposed team at award stage? Ruth Smith examines a significant European case.
Refusal to make a statement: remember the context
The Upper Tribunal has emphasised the importance, when assessing a child's special educational needs, of considering the context in which he or she is performing, writes James Cornwell.
State of play
David Merson analyses a High Court ruling on rarely used powers for local planning authorities to act in cases where land and buildings are adversely affecting on the amenity of the neighbourhood.
The criminal records regime and Article 8
A Court of Appeal ruling on the incompatibility of the criminal records regime with Article 8 raises difficult issues for employers where prospective employees would have responsibility for children or vulnerable people, writes Christopher Knight.
The council's risk register
Alec Samuels considers some of the issues that can be thrown up by a council maintaining a risk or violence register.
Allison Cook examines an Employment Tribunal ruling that conversations and comments on the possible retirement of an employee of a school were not age discriminatory.
The latest blogs...
Planning Act 2008 regime summary as of 12 February 2013 by Angus Walker
This entry is a summary of the regime for authorising major infrastructure projects introduced by the Planning Act 2008, amended by the Localism Act 2011 and soon to be amended by the Growth and Infrastructure Act 2013.
Snap judgement: Do you think that the Local Government Minister Brandon Lewis's comments that monitoring officers are providing poor advice to their authorities underlines the need for monitoring to be legally-qualified?
Yes - A proper understanding of the law is essential to do the job to the required standard
No - A focus on legal technicalities can prevent MOs from taking a wider view
Click here to vote now
And some you may have missed....
Adult Social Services: On taking care - cautionary tales and lessons to be learnt
A growing number of authorities have lost court cases with care home providers over the fees they are prepared to pay. Stephen McNamara
Children's Services: Are we missing a trick? Julie Stather
examines the advantages to child, parents and local authority of using the under-utilised section 34 of the Children Act.
Community Safety: Dealing with anti-social behaviour - the proposed new tools
Following publication of the draft Anti-Social Behaviour Bill, Donna McCarthy
looks at the tools that are to be made available.
Employment: Religious discrimination: lessons for the future Susan Belgrave
looks at the impact of recent landmark decisions from the Employment Appeal Tribunal and the European Court of Human Rights on religious discrimination in the employment arena.
Governance: Access to council housing information under FOI
The tribunals have issued a number of important rulings on freedom of information requests relating to council properties. Ibrahim Hasan
reviews the main judgments.
Housing: Prayers answered
The Court of Appeal has concluded that the rule in Monk
is compatible with the European Convention on Human Rights. Andy Lane
and Dean Underwood
, who opposed the 'leapfrog' appeal against a possession order, explain why.
Licensing: The numbers game Andy Woods
looks at the increasing reliance by responsible authorities on numerical statistics and argues that these must be subject to a comprehensive examination for them to be relevant in licensing hearings.
Litigation: Departing from the costs budget
The Court of Appeal has handed down a crucial judgment in relation to costs budgeting in litigation. Adam Welsh
outlines the key points.
Planning: Planning control and advertisements Polly Reynolds
and Mary Tate
consider the important role that local planning authorities have in relation to the control of advertisements.
Procurement: Automatic suspensions and cross undertakings in damages - is the time right? Ruth Smith
examines a recent attempt to obtain a cross undertaking in damages before a court hearing on whether an automatic suspension should be lifted.
Projects: Licence Lite: Too heavy for most? Adam Davidson
examines 'Licence Lite' arrangements and other options for organisations such as local authorities looking to get into the energy supply market.
Property: Parking rights - easements or licences? Avril Thain
considers how the courts have approached tenants' parking rights.
Regulatory: Two standard problems Stephen McNamara
provides solutions to thorny issues such as members wishing to express strongly held views before regulatory committees.
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