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Derbyshire launches legal challenge to Sheffield City Region plans
County council to launch judicial review challenge over consultation on proposals to put Sheffield City Region Mayor in charge of some council services in Chesterfield

Major payout looms after Advocate General opinion on licensing fees
Local authorities could face multi-million pound payout if opinion of Advocate General on calculation of fees for licensing is confirmed by Court of Justice of the European Union
Upper Tribunal orders council to pay £25k in tree protection case
South Gloucestershire Council loses tree roots case it had argued would expose local authorities to unjustified compensation claims were it unsuccessful

Borough to boost security following abuse of councillors and staff
Intimidating protests and abuse force London borough to look at more effective security for councillors and staff

Places for People to set up dynamic purchasing system for legal services
One of UK's largest property management, development and regeneration providers to set up ten-year dynamic purchasing system for legal services worth between up to £5m, having already announced plans for framework agreement (ON PUBLIC LAW TODAY)

Coffee chain fined £160k for leaving rubbish bags on London streets
Starbucks fined more than £160,000 after two stores in central London repeatedly left rubbish bags on busy pavement outside of normal collection times
MUST-READ FOR PROCUREMENT LAWYERS: Voluntary transparency notices
Is a voluntary transparency notice published in the OJEU? How in practice is this distinguished from the OJEU notices that are published in advance of a procurement process? The LexisPSL Public Law team report.
Cuts to trading standards teams having "chilling effect" on prosecutions
One complex Crown Court case a year would be beyond resources of some councils’ trading standards teams, following severe cuts to spending, Chartered Trading Standards Institute warns

Procurement challenge over redevelopment of 'ghost stations' dismissed
High Court dismisseds as “totally without merit” judicial review challenge to Transport for London’s procurement for redevelopment of ‘ghost’ underground stations

City council loses battle with HMRC over bus pass for employees
Nottingham City Council employee given bus pass by authority incurred taxable benefit, First-Tier Tribunal Tax Chamber rules

LGO urges greater flexibility from housing departments in complex cases
Housing departments should react flexibly to exceptional family circumstances, Local Government Ombudsman says
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Lewisham Homes to set up £1.575m legal services framework
NW housing association names five law firms to £330k framework
University issues call for competition for £2m legal advice panel


University purchasing consortia to combine to set up £70m legal advice panel
Five university purchasing consortia issue prior information notice on plans to establish £70m national framework agreement for legal services. (ON PUBLIC LAW TODAY)

Talks over largest ever housing association merger collapse
Largest merger ever proposed in housing association sector has collapsed, after emergence of unspecified practical difficulties with combination

Trading Standards at Kent first to net approval for ADR provision
Kent County Council becomes first local authority to be approved by Chartered Trading Standards Institute to provide ADR services to consumers in bid to resolve their complaints with traders

Council defeats legal challenge to permission for cruise liner terminal
London borough successfully defends judicial review challenge to its decision to grant planning permission for cruise liner terminal

Care regulator reports itself to ICO after loss of DBS certificates
Care Quality Commission reports itself to Information Commissioner after losing number of Disclosure and Barring Service certificates relating to individuals who had applied to become registered managers

GP surgery hit with £40k penalty after data breach
GP practice issued with £40,000 monetary penalty notice by Information Commissioner’s Office after it revealed confidential details about woman and her family to her estranged ex-partner

Tests reveal widespread illegal sales of e-cigarettes, vaping liquids
Test purchases by trading standards services find that almost 40% of retailers illegally sold nicotine e-cigarettes and vaping liquids to children and young people

See all of our most recent news stories
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Analysis on Local Government Lawyer

Housing applicants and unacceptable behaviour
Christopher Baker analyses a recent Administrative Court decision on a council's practice of disqualifying applicants guilty of unacceptable behaviour.

Pubs as Assets of Community Value
Battles have raged over attempts to convert Assets of Community Value-listed public houses to dwellings. Christopher Cant reviews the key rulings.

Court judgments and the Ellie Butler case
The Court of Appeal recently ordered the release of a court judgment in proceedings relating to the sibling of Ellie Butler. David Hart QC looks at its reasoning.
Illegal workers and premises licences
Does being caught with illegal workers necessarily mean that a premises licence will be revoked on review? Paddy Whur reports.

Accommodation under the Care Act and the General Power of Competence
A High Court judge recently considered issues around the Care Act and the General Power of Competence. David Owens, Judith Barnes and Trevor Watt question the ruling.

Public authorities and surveillance
The Office of Surveillance Commissioners has published its annual report. Steve Morris sets out the key issues for public authorities.


Serious untoward incidents

Simon Cheverst considers some of the lessons that can be learned from the Southern Health case.

LLG Awards
Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: The Care Act, the need for 'care and support' and accommodation
Lee Parkhill considers a recent High Court ruling on accommodation and the need for 'care and support' under the Care Act.

Adult Social Services: False imprisonment, causation and damages claims
A recent Supreme Court ruling provides a reminder of the importance of causation in damages claims for false imprisonment. Eirwen Pierrot explains its relevance to mental health law and the Court of Protection.

Children: The 'Named Persons' Scheme – when protecting wellbeing is totalitarian
The Supreme Court last week allowed an appeal over the Scottish Government's controversial 'Named Persons' scheme for the wellbeing of children. Allan Norman explains why.
Children: Support for NRPF families
The Court of Appeal has considered a number of issues around families designated as having no right of recourse to public funds but still supported under section 17 of the Children Act. Jonathan Auburn reports.
Children: Sanctioning ex-teachers
Melinka Berridge and Louise Murphy examine a successful appeal challenging the jurisdiction of the Secretary of State for Education to make orders in relation to former teachers.

Children: Cheshire West and children
Sarah Nuttall considers how the courts are applying the Cheshire West principles to Children Act cases.

Community Safety: Using cumulative impact policies
Councils should be wary of the unintended consequences of cumulative impact policies, writes Paddy Whur.
Education: Schools, sport and the duty of care
A recent Northern Ireland case provided guidance on, and a useful review of the case law in England and Wales relating to, the duty of care owed by a school to its pupils when participating in sport, write Bruce Ralston and Richard Rowe.

Education: Checks on academy governors
Katie Michelon sets out the safeguarding checks that academies are required to carry out on their governors.

Education: Term time holidays – what you need to know!
In the aftermath of the High Court's recent ruling, where are we when it comes to prosecutions for failing to ensure regular attendance at school? Richard Freeth explains.

Education: Education, health and care plans
LexisPSL Local Government, in partnership with Anita Chopra and Chris Barnett of Match Solicitors set out a checklist for moving children from statements to the new regime of education, health and care plans.

Employment: Disclosing safeguarding risks
A recent Court of Appeal ruling on whether the dismissal of a head teacher for failing to disclose a potential safeguarding risk was fair will be of interest to schools, local authorities and other bodies concerned with safeguarding issues, writes Morris Hill.

Employment: Taking charge of employee investigations
Anne Palmer runs through the top five 'need to know' tips on running an investigation, without the investigation running away from you.

Employment: Confidentiality of settlement discussions
The Employment Appeal Tribunal has clarified the confidentiality of settlement discussions with employees. Phil Allen looks at the lessons to be learned.

Employment: Back to school on gender pay
Lorraine Heard analyses the challenges for the education sector when it comes to gender pay.

Employment: Innocent, but not suitable for this job?
The Court of Appeal recently held that the inclusion of a rape charge and acquittal in an enhanced criminal records check was not a breach of human rights. Richard Hewitt reports.

Employment: What next for employment law in the wake of Brexit?
Su Apps sets out the most likely areas for reform of employment laws now that the UK has voted in favour leaving the EU.

Employment: The Supreme Court on employee reinstatement
The Supreme Court has recently issued a key employment law ruling on the remedy of reinstatement. James Goudie QC analyses the judgment.

Employment: Is the past 'prologue'? TUPE and SPCs
For service provision changes under TUPE, "organised groupings" and 'assignment' are two separate, but linked, concepts. Anne Palmer explains EAT guidance on whether historic structures should be taken into account when analysing the former.

Governance: Consultation in austerity 2016: a practical guide
Paul Feild of Thurrock Borough Council provides a practical note on consultation procedure for local government practitioners and gives advice on how to carry out consultation which should be resilient to challenge.

Governance: What now for trust ports?
Lara Moore examines the key findings and recommendations from the Department for Transport’s trust port study.

Governance: Making collaboration work
In the first entry of a new blog, Olwen Dutton considers what makes public services collaboration work - and the role of local authority lawyers in delivering success.

Healthcare: Super partnerships
Ross Clark looks at the rise of GP 'super partnerships', the benefits they bring and the legal issues that need addressing.

Healthcare: Advance decisions to refuse treatment
Alex Ruck Keene looks at the circumstances where medical professionals might not be bound by an advance decision to refuse treatment.

Healthcare: Creating a sustainable healthcare system
In the pursuit of a sustainable healthcare system local government must not be left behind, write Michael Boyd and Judith Barnes.

Healthcare: The CoP and reporting restrictions after death
The Court of Protection has recently considered whether reporting restrictions in a case should continue after the individual's death. Rosalind English reports.

Housing: Eviction for growing cannabis
The Court of Appeal has clarified when it is reasonable to evict a tenant guilty of growing cannabis. Thomas Djan-Krofa reports on the court's ruling and its guidance on suspended possession orders.

Housing: Housing allocations, priority points and minimum thresholds
A High Court judge recently analysed a London borough's use of a minimum threshold of priority points in its bid to manage demand for housing. Christopher Baker and Richard Granby explain the ruling.

Housing: Social housing and Brexit
How will the social housing sector be affected by the UK leaving the EU? Jonathan Cox reports.

Housing: All change in housing law
Scott Greenwood examines some of the greatest changes to housing management law for many years.

Information Law: The future of data protection
What does the vote in the EU referendum mean for the future of data protection in the UK? Anya Proops QC reports.

Licensing: Licensing Act 2003 appeals: is JR available if time is short?
Can judicial review be used to get a quicker decision than appealing to the Magistrates’ Court in a Licencing Act 2003 case? What are the obligations on a sub-committee in terms of reading supporting documentation? Josef Cannon reports.

Licensing: Abuse of process in licensing test purchasing
Paddy Whur looks at the case of East Riding of Yorkshire Council against Dearlove and the parameters for test purchasing of licensed services.

Licensing: Using cumulative impact policies
Councils should be wary of the unintended consequences of cumulative impact policies, writes Paddy Whur.

Licensing: A cautionary tale
A recent case underlines the importance of complying with Court directions in case management hearings for licensing appeals, writes James Rankin.

Litigation: Proof of fraud and unravelling settlements
The Supreme Court has ruled that proof of fraud previously suspected can unravel the finality of a settlement. David Williams, Andrew Parker and Catherine Burt analyse the judgment.

Litigation: Costs in abuse claims
Abuse cases need to be dealt with sensitively and compassionately but both parties still need to ensure that costs are proportionate. Laura Broadhead reports on a recent ruling.

Litigation: County Court "costs only" appeals
David Lintott reports on three cases in which applications for permission to appeal against a costs order were heard together by the Court of Appeal to establish the correct destination of such appeals.
Planning: The scope of the 'Murfitt' principle
The Court of Appeal has given guidance on the scope of the ‘Murfitt’ principle. Saira Kabir Sheikh QC and Ned Westaway explain the ruling.

Planning: The Crown Jewels Footnote
Philip Robson analyses an important High Court ruling on the operation of paragraph 14 of the National Planning Policy Framework (NPPF).

Planning: Don’t…leave me this way?
Tom Newcombe and Sue Chadwick consider the Government’s record so far in the environmental arena and what Brexit might mean in terms of planning law.

Planning: 'Especial speed' in judicial review
The Court of Appeal has given a blunt reminder on the importance of promptly filing judicial review applications in planning cases, writes Katie Scuoler.

Planning: Bringing a bit of order to planning conditions
Richard Harwood OBE QC examines the messy state of planning conditions, and calls for the introduction of simplicity to the area.

Procurement: Reservation of public contracts
What is the interrelationship between regulations 20 and 77 of the Public Contract Regulations 2015? The LexisPSL Public Law team analyse the reservation of public contracts.

Procurement: Introduction to concession contracts procurement
LexisPSL Local Government in partnership with Walker Morris explain the new process for concession contracts procurement by contracting authorities and utilities under the Concession Contracts Regulations 2016, SI 2016/273.

Procurement: Open book contract management
The Government has issued a policy note on the use of open book contract management. Louise Bennett explains what is involved.

Procurement: What does Brexit mean for procurement?
What is in store for public sector procurement? Jonathan Parker considers the implications of last week's Brexit vote.

Procurement: Operating a Dynamic Purchasing System
In the third article in a series on dynamic purchasing systems, Susie Smith looks at the process for award of contracts under a DPS, the issue of reviewing suppliers' suitability for continued membership, and remedies.

Procurement: Competitive dialogue for local authorities: basic principles
Having been involved in six Competitive Dialogues including the Kent County Council Back Office Procurement, Adeola Sonola draws on her experience and examines the issues involved in a CD process, giving practical tips on how to ensure a successful outcome.

Procurement: Obtaining meaningful procurement remedies
When an incumbent provider last year challenged a council's award of a contract for domestic violence services, a High Court judge maintained the automatic suspension. Fran Mussellwhite looks at what happened next.

Projects: State aid anyone?
What does the EU referendum result mean for state aid? Paul McDermott and Rebecca Rees explain.

Projects: Cloud technology: the legal and practical issues
With public sector organisations looking to take advantage of technology to deliver cost saving benefits, Dan Read highlights some of the legal issues when collaborating as well as the practical and operational challenges.

Property: The Supreme Court on disrepair
The Supreme Court recently reversed a disrepair decision where a tenant in a block of flats tripped on an uneven paving stone as he was taking out his rubbish. Angela Piears reports.

Property: How can a right of way be simultaneously continuous and non-continuous?
A recent Court of Appeal case concerning claimed rights of way over the defendant’s land raises some nice points in respect of easements, writes Peter Petts.

Property: Lease termination – The devil in the dilapidations detail
Dilapidations disputes are no new creation. Yet so often we find that creative arguments advanced by either party cause these disputes to run their course and end up before our Courts – incurring significant cost for both parties which often outweighs the value of the claim write Amy Rudrum and Aaron Macauley

Property: The Upper Tribunal on Ft-T Rule 13 costs
The Upper Tribunal has released a long awaited decision on Ft-T Rule 13 costs, Hardwicke reports.

Property: Further development of the Asset of Community Value regime
Christopher Cant reviews the latest judgments on the application of the Assets of Community Value regime.

Property: How to surrender a lease
It is not always clear whether or when a lease has been surrendered by operation of law. Actions, rather than words, matter, so it is crucial for both landlords and tenants to realise the implications of their conduct, writes Elizabeth Thompson.

Property:  Of palm trees and a Chancellor’s foot
The Upper Tribunal has considered – in a service charges case involving a London borough – the concept of issue estoppel. Alastair Redpath-Stevens analyses the judgment.

Regulatory: Models of building control provision
Helen Randall discusses legal issues related to alternative models of building control provision.

Regulatory: Game of drones – the law
Paul Feild examines the issues that local authorities may face as a result of the use of drones.

Transport: What now for trust ports?
Lara Moore examines the key findings and recommendations from the Department for Transport’s trust port study.
Name Price (ex-VAT)   Description
CIL and Planning Obligations £0.00 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 £0.00 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 £0.00 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 £0.00 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 £0.00 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 £0.00 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 £0.00 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 £0.00 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 £0.00 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 £0.00 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 £0.00 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 £0.00 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 £0.00 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
Social Housing Fraud £0.00 This presentation identifies the main types of social housing fraud committed, the remedies available to tackle it and provides guidance on which are most suitable for particular types of fraud.
Governance and Monitoring £0.00 This presentation focuses on four topical areas of local authority governance: employee surveillance (including on social media), decision-making (pecuniary interests, bias, and committee make-up), whistleblowing and the counter-terrorism Prevent duty.
Managing Cuts Lawfully £0.00 This presentation looks at how legal challenges to decisions resulting from budget cuts can be avoided, mitigated and defended, focusing on the two grounds of challenge which appear most frequently unlawful consultation and breach of the PSED.
Homelessness Update: Vulnerability and Intentionality £0.00 This presentation highlights and analyses the landmark decisions of the Supreme Court in determining “vulnerability” under the Housing Act 1996 and whether somebody has made themselves intentionally homeless.
The Anti-Social Behaviour, Crime and Policing Act : One Year On £0.00 A little over a year on from its implementation, this presentation looks at the effect of the Anti-Social Behaviour, Crime and Policing Act 2014. This short presentation focuses on the use of the new civil injunction powers and Criminal Behaviour Orders (
Housing: Key Developments in 2015 £0.00 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 £0.00 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.

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