Norfolk set to create Chief Legal Officer role and press ahead with ABS
Full council at county to consider whether to create new post of Chief Legal Officer as part of wider restructuring of its corporate strategy, support and finance functions. Move comes after authority’s Policy & Resources Committee separately backs plans for nplaw shared legal service to establish alternative business structure
Judge quashes permission in basement and permitted development rights case
Planning Court judge quashes London borough’s grant of planning permission for basement extension, deciding committee misdirected itself over volume of associated engineering works
Applications for term-time absences rise after High Court ruling: research
Nearly one in three school leaders (31%) report increase in number of applications for term-time absences since landmark ruling in May this year, fourth annual survey by law firm Browne Jacobson finds
Owners of skyscraper to pay council £903k over work to reduce wind danger
Owners of tallest skyscraper in Yorkshire agree to pay city council £903,000 to cover costs of work done to protect public from wind danger caused by building
Oxford University fails to get claim over alleged negligent teaching struck out
University of Oxford fails to persuade High Court judge to strike out claim brought by former student over quality of teaching on history course more than 15 years ago (ON PUBLIC LAW TODAY)
Doncaster lawyer recognised in Inspirational Women in Law Award
Chartered Legal Executive Lawyer and Senior Claims Handler recognised in First 100 Years' Inspirational Women in Law Award
CALLING ALL ADULT CARE LAWYERS: Local Government Lawyer is conducting research in association with LexisNexis: click here for more information (and be entered in a draw for £100 in John Lewis vouchers).
MUST READ: Employment of local authority officers
LexisPSL Local Government
, in partnership with Philip McCourt
, provides a summary of the local government legal peculiarities involved in the appointment or dismissal of officers.
Communities Secretary proposes ‘phased return’ of powers to Tower Hamlets
Sajid Javid unveils plans for ‘phased return’ of powers to London Borough of Tower Hamlets, starting with final decision-making on grants awarded to not-for-profit organisations in local community
Councils demand law change to tackle minibus licensing loophole
LGA calls for urgent change in taxi licensing laws to address ‘loophole’ that allows people to drive members of public in minibuses without having criminal record check
Supreme Court refuses permission to appeal in council loan case
Owner of Coventry City Football Club refused permission to appeal ruling that council’s loan to Ricoh Arena was not unlawful state aid
Contracting authorities warned against onerous practices in procurement
Government issues procurement policy note setting out how central government and related procurers can avoid using onerous practices in procurement and contracting activity
MORE NEWS STORIES....
Supreme Court to hear case on refusal to fund service and Court of Protection
Supreme Court will next week consider whether commissioning body can, by its decision not to fund particular option for contact, remove jurisdiction of Court of Protection to make best interests decision about contact (ON PUBLIC LAW TODAY)
Residents in Dorset signal support for local government reorganisation
Residents of Greater Dorset back radical reorganisation of local government that would reduce number of councils to two unitaries
Draft legislation published for creation of Public Service Ombudsman
Cabinet Office publishes draft Bill for introduction of new Public Service Ombudsman
Casey report on integration calls for new oath for holders of public office
Standards of leadership and integrity in public office must be increased as part of efforts to improve social integration in Great Britain and bind communities together, Dame Louise Casey recommends in report
Combined authority to hire legal and other advisors for ‘Energy Accelerator’
NHSLA names three providers for new mediation service
Legal challenge to planning permission for £10m stadium rejected
Judicial review challenge to development due to part-fund Stadium for Cornwall project fails
Minister threatens three councils with directions over newsletter frequency
Government sends ‘minded to’ letters to three boroughs as it seeks to stop them publishing newsletters more often than quarterly
Peabody and Family Mosaic to merge in latest housing association combination
Housing associations to unite in latest of series of mergers in social housing sector
Trading standards body issues new guidance on pricing after ‘super-complaint’
Unscrupulous retailers’ misleading and confusing pricing tactics targeted in new guidance from Chartered Trading Standards Institute issued after Which? ‘super-complaint’
See all of our most recent news stories
|FEATURED SUPPLIER: SV Law is a niche London-based legal practice. We specialise in local government law, with a particular focus on education and community care matters.We have been the contracted external education law specialists to a large London Local Authority since 1997. We also have considerable experience of housing litigation for Housing Departments and regulatory matters for Environmental Services Departments.
Analysis on Local Government Lawyer
Officers, relatives and apparent bias
A High Court judge has found decisions tainted by apparent bias where an officer’s husband worked for a rival developer. John Hunter reports.
Criticism of witnesses
A social worker and a police officer who were witnesses in child protection proceedings appealed after they were subject to criticism by the judge. Laura Briggs reports on the outcome.
Data protection claims arising out of adoption
David Maggs looks at the issues raised where a local authority faces a damage claim over the disclosure of confidential details about adopters.
Better than ever
Jayne Francis-Ward, head of EMLawShare, sets out the highlights from the legal services consortium's fifth conference.
Retail conditions and redevelopment
The Court of Appeal has rejected a legal challenge to a retail condition relating to the redevelopment of a town centre. James Maurici QC explains why.
Reforms to IR35 for public sector engagers
Lizzie Stone and Ben Watson examine the latest developments in relation to the intermediaries rules and the public sector.
Fabric – a rollercoaster ride of a case
Well-known nightclub fabric recently managed to stay in business after settling its appeal against Islington Council's decision to revoke its premises licence. Paddy Whur, who acted for fabric, sets out how.
Housing benefit, exempt housing and ‘unreasonably high’ rent
What should housing benefit authorities consider when assessing whether eligible rent for 'exempt' housing is 'unreasonably high'? Jonathan Manning and Sarah Salmon report on a recent Court of Appeal ruling.
£500bn (needs) to be spent on infrastructure: by Angus Walker
This entry reports on the National Infrastructure and Construction Pipeline.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: The meaning of 'ordinary residence'
LexisPSL Local Government
, in partnership with Jonathan Auburn
of 11KBW, discuss the meaning of and tests for ‘ordinary residence’
Adult Social Services: DoLS and public protection
Alex Ruck Keene
examines a judgment highlighting the tensions inherent in depriving someone of their liberty in reliance upon Schedule A1 where the primary reason is not to safeguard them against harm but the public against harm.
Adult Social Services: Participation of P
The Court of Protection team at 39 Essex Chambers and Nicola Mackintosh QC
examine a recent case on the participation of P in proceedings before the CoP.
Adult Social Services: CCTV and care packages
The use of CCTV in packages of care in the community represents a serious risk issue for commissioners, providers and care co-ordinators. Hannah Taylor
explains the key issues.
Adult Social Services: Private deprivations of liberty
This LexisPSL Local Government
article produced in partnership with Tim Spencer-Lane
considers the concept of 'private' deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights, involving people who lack the material decision-making capacity.
Children: Radicalisation and state intervention
examines a recent High Court ruling on parents’ extreme religiously motivated views and whether the state should intervene
Children: Gender variance and care orders
A mother’s determination that a child was “gender variant” did him significant harm, the Family Court has ruled. Rosalind English
Dispute Resolution: Commencing proceedings and limitation
A recent decision serves as a timely reminder of the strict approach of the Court to the rules surrounding service of proceedings and limitation, writes Sharon Dysart
Dispute Resolution: Obvious risks and occupiers' duties
The Court of Appeal recently allowed an appeal by a local authority over an order that it should pay compensation to a claimant injured in a public park. David Williams
examines the case.
Dispute Resolution: Experts out of bounds
A recent public law children's case is a reminder of the need to be careful about over-dogmatic experts. The Court of Protection team at 39 Essex Chambers
Education: Segregation of sexes in school
What are the obligations of schools under the Equality Act 2010? Mark Blois
talks to LexisNexis
about how a recent high-profile court case has made no change to the core obligations schools are under.
Education: SEN statements and choice of school
What should happen when parents cannot agree on the choice of school in a statement of Special Educational Needs? Joanne Clement
looks at recent guidance from the Upper Tribunal.
Education: The scrapping of the Education Bill
The Education Secretary's decision to drop proposed legislation that would have seen the academisation of all schools in England mirrors the new Government's approach to devolution, writes Frances Woodhead
Employment: Disabled employees and pay
Is protecting a disabled employee’s pay a mandatory adjustment? Anna Dabek
examines a recent Employment Appeal Tribunal ruling.
Employment: Joint employment relationships
With councils increasingly using joint employment contracts, Matthew Gregson
considers the lessons to be learned from VAT case law.
Governance: Devolution and local growth: borrowing powers
There have been suggestions that next week's Autumn Statement may deliver greater flexibility for combined authorities when it comes to borrowing. Judith Barnes
looks at the benefits this would bring.
Governance: Council functions and the PSED
A court has for the first time explained how the split between a local authority’s executive functions and full council functions affects the discharge of the public sector equality duty and other procedural obligations.Christopher Knight
analyses the judgment.
Health: The power to commission PrEP
A Court of Appeal ruling that NHS England had power to commission the anti-retroviral drug PrEP will be welcomed by councils. Monica Blades-Chase
explains the judgment.
Housing: The bedroom tax in the Supreme Court
The Supreme Court has handed down its much-anticipated ruling over the so-called 'bedroom tax' or 'spare room subsidy'. John Fitzsimons
analyses the outcome.
Housing: Accommodation offers and suitability
The Court of Appeal has recently concluded that a county court judge had failed to apply the guidance in Pieretti v Enfield LBC
. Iain Colville
and Stephanie Smith
Housing: Warrants for possession: guidance from the Senior Master
The Senior Master has issued a practice note on the approach that housing practitioners should be taking when applying to enforce warrants of possession, in light of Cardiff CC v Lee
. Elizabeth England
Housing: When is a house not a house?
reports on a recent prosecution of a landlord under a London Borough's selective licensing regime.
Housing: Long residence "of little consequence"
The Court of Appeal has handed down a ruling that will be welcomed by public sector landlords dealing with possession claims against 'failed successors', and cases involving public law defences based on failure to comply with policy, argue Ranjit Bhose QC
and Emma Dring
Housing: Warrants for possession and suspended possession orders
The Court of Appeal has issued an important ruling on warrants of possession and suspended possession orders. Carys Williams
analyses the judgment and sets out the key points for local authorities and social housing landlords.
Information Law: Stay ahead of data protection trends
It has been a busy year for anyone looking to stay on top of data protection and privacy law. What are the key risks and developments that public authorities should be keeping in mind going forward? Andrew Gallie
Information Law: Alternative remedies and the DPA
Public authority data controllers facing Data Protection Act claims in a judicial review will welcome a recent Court of Appeal ruling, writes Christopher Knight
Licensing: Shisha smoking – a hot topic
looks at Westminster City Council's approach to controlling shisha smoking and reports on an appeal where the authority has sought to use planning legislation.
Licensing: Licensing and Planning
The operation of premises for licensable activities requires both planning and licensing authorisations. There will be overlaps as issues such as noise nuisance may be considered by both planning and licensing committees when deciding whether to grant authorisations and any conditions to be attached. Prof Roy Light
Licensing: Licensing committees
This LexisPSL Local Government
article was produced in partnership with Walaiti Rathore
of Fraser Browne and sets out the law and practice in relation to the duties and responsibilities of a licensing authority under the Licensing Act 2003.
Management: Helping to define the client
With Lawyers in Local Government calling for clarification of who local authority solicitors can act for, Crispin Passmore
sets out the Solicitors Regulation Authority's view.
Planning: Still defying the conventions? Planning and human rights in 2016
The Courts have just considered the first challenge to a neighbourhood planning on human rights grounds. The plan survived but the case served as a timely reminder of a body of law that has enduring relevance to planning, writes Sue Chadwick
Planning: The scope of the presumption in favour of sustainable development
Does paragraph 14 of the National Planning Policy Framework define the full scope of the presumption in favour of sustainable development? Gwion Lewis
reports on an important High Court ruling.
Planning: Using planning conditions
examines a recent Government consultation on improving the use of planning conditions and looks at the Law Society’s response.
Planning: 50% affordable housing in London – really revolutionary?
and Tim Hellier
examine what the new Mayor’s aspiration for a target of 50% affordable housing in London means in practice for individual planning applications.
Planning: Heritage assets and the determination of planning applications
The Court of Appeal recently considered the weight that a decision maker should attach to the possible effect of a development on listed heritage assets in the overall determination process of a planning application. Gareth Pinwell
Planning: Neighbourhood plans and second homes
A judge has rejected a developer's challenge over provisions in a neighbourhood plan that sought to limit the number of second homes. Mark Lowe QC
and Jack Parker
report on the ruling.
Procurement: Trends in procurement
Procurement law continues to develop apace. David Hansom
and Robert Prater
highlight two significant cases over the past 12 months.
Procurement: Fat finger syndrome - demolished!
How should contracting authorities respond when tenders are submitted accidentally, say with the wrong information. Helen Prandy
considers a recent Scottish case.
Procurement: Are your contracts working for you?
provides some top tips on how local authorities can deliver better value through their contracts.
Procurement: Procurement challenges and damages as an adequate remedy
reports on the courts’ approaches to the lifting of automatic suspensions, following a challenge to the procurement of the UK perinatal mortality project.
Projects: Time for a review?
provides some top tips on how local authorities can go about evaluating the effectiveness of their alternative delivery vehicles.
Projects: Regeneration X: Failed CPOs
The Communities Secretary earlier this month refused to confirm a compulsory purchase order for a key regeneration scheme in London, prompting Southwark Council to announce a judicial review challenge. Simon Ricketts
analyses the minister's decision.
Property: The rise of the place shapers
Chris Plumley examines the resurgence in public sector real estate.
Property: CPO land referencing
Compulsory purchase order land referencing just got a whole load easier, writes Chris Skinner
Property: Managing property development by local authorities
sets out nine practical steps local authorities can take to successfully manage their property development.
Regulatory: Accidents and control of premises
and Lewis MacDonald
analyse a recent case where the Health & Safety Executive brought proceedings against the freeholders of commercial properties where accidents had occurred.
Transport & Highways: Standards of highway maintenance
This LexisPSL Local Government
article, produced in partnership with Nicholas Hancox
of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
Transport & Highways: Statutory incompatibility and deemed dedication of highways
analyses the application of statutory incompatibility to deemed highway dedication following recent developments on such legal principle in a number of village green cases.
|Governance changes introduced by the Localism Act 2011
||This webinar looks at key elements of the Localism Act 2011 as they affect and reform the governance of local authorities, including the General Power of Competence, Standards, community empowerment, elected mayors and assets of community value.
|Delegation of Functions
||What problems can local authorities encounter with their schemes of delegation? And what to do if things go wrong? Matt Hutchings looks at the case law.
|Governance for Local Authorities
||This webinar provides an overview of the governance structures of local authorities, their legal underpinnings and the way that they function in practice.
|Brexit, Social Care and Housing
||This presentation looks at how the status of EEA nationals in the UK will be affected by the relationship the UK finally chooses with the bloc and how this will affect their entitlements to support and housing and the obligations owed by local authorities
|How will Brexit affect domestic planning and environmental law?
||This webinar assesses how planning and environmental law and related areas may be affected by the UK’s exit from the European Union.
|How will Brexit affect public procurement and state aid?
||This presentation looks at the possible effects on Procurement and State Aid law of the UK’s decision to leave the European Union, before, after and during the process of withdrawal.
|Local Government Law Update 2016
||Recorded in April 2016, leading barrister Richard Clayton QC outlines and analyses the key local government cases of the preceding 12 months across a range of disciplines. Includes a comprehensive downloadable paper.
|CIL and Planning Obligations
||This presentation considers the past, present and future of the Community Infrastructure Levy in the light of forthcoming reforms to the regime.
|Bringing Forward Development
||Will forthcoming changes to the NPPF, permitted development rights and the Housing and Development bill shift power towards or away from Local Planning Authorities?
|Old and New Means of Development
||This course looks at the various measures being introduced by the Housing and Planning Bill to make development happen beyond the conventional planning permission system.
|The LLG Competency Framework
||To assist local authority solicitors to comply with the new CPD regime, the Lawyers in Local Government group has produced a new competency framework. Helen McGrath, Development Officer for LLG, outlines the main features of the framework and explains how
|Neighbourhood Planning: A Legal Perspective
||John Pugh-Smith and Daniel Stedman Jones look at how lawyers can square the circle of greater localism in the planning system and the need for more housing and infrastructure development.
|Housing and Local Plans
||Peter Village QC and Rose Grogan analyse the key features of the Housing and Planning Bill and outline some of the problems and pitfalls created by Local Plans as identified by recent case law.
|Human Rights, the Equality Act and Social Housing
||This course looks at the arguments faced by public authorities and social landlords when faced with claims based on the Equality Act 2010 or the Human Rights Act 1998 and outlines some of the defences and tactics available to defend them.
|Social Housing Eligibility Update 2015
||This course looks at which groups of people subject to immigration control are and are not eligible for social housing in the light of changes to welfare and immigration rules and recent case law.
|Possession Claims Update 2015
||This presentation provides an update on new housing legislation, regulation and case law before going on to look at the issues faced by social landlords as the first flexible tenancies granted under the Localism Act 2011 begin to expire.
|Local Government Law Update 2015
||Recorded in April 2015, leading barrister Richard Clayton QC outlines and analyses the key local government cases of the preceding 12 months across a range of disciplines. Includes a comprehensive downloadable paper.
|The Commercial Council
||Michael Mousdale and Bradley Martin provide a practical and legal guide for council officers and lawyers looking to establish local authority trading companies.
|Information Law Update 2015
||Steve Wood, Head of Policy Delivery at Information Commissioner’s Office, outlines and discusses the implications of some of the key developments surrounding Freedom of Information, the Data Protection Act and the Environmental Information Regulations.
|FOI and Data Protection Update 2016
||This presentation reviews the main changes in the past 12 months in the fields of Freedom of Information and Data Protection, with an extended look at Monetary Penalty Notices and an overview of the latest developments in relation to property search charg