|GO PLACES: Guildford has recently completed a restructure of its Legal Services team, resulting in a number of new opportunities: Principal Solicitor - Planning & Litigation (£48,832-£56,998); Principal Solicitor - Contracts, Procurement, Property; Senior Corporate Services Solicitor; Property Solicitor; Contract Solicitor; and Information Rights Officer.
ALSO JUST IN: York: Senior Solicitor - Contract & Commercial; and Senior Solicitor - Litigation (both roles £39,057-£45,971). Click here to see all posts.
APPLY TODAY: Some closing dates are imminent:
DON'T MISS: St John's Chambers is holding its Local Government Law Conference 2016 in Bristol on 19 July 2016. Speakers include Leslie Blohm QC, Kathryn Skellorn QC, Professor Roy Light and Peter Wadsley.
Public interest report calls for all legal advice to be commissioned by legal team
City council should ensure that all legal advice is commissioned through its chief legal officer or her staff, and departments should not commission legal advice direct, auditors recommend in public interest report
Planning barrister ordered to take advice on withdrawing from cases
Barrister told by disciplinary tribunal to take advice on when it is proper to withdraw from case, after she refused to act in accordance with instructions from local authority following planning appeal
High Court challenge by councillor delays standards case
Legal challenge by councillor criticised in investigation is delaying consideration of case by standards and audit committees, council says
LGA calls for councils to be given seat at table on replacement of EU laws
Local Government Association says councils should be given “a seat around the table” when decisions are taken over how to replace EU laws as part of UK’s exit negotiations
North East councils to set up £8m barristers panel for social care advice
Twelve NE local authorities to set up panel of barristers for children and adult care advice and advocacy worth £8m over four years
MUST READ FOR HOUSING LAWYERS: All change in housing law
examines some of the greatest changes to housing management law for many years.
Family President orders re-hearing of fact finding in case where boy adopted
Sir James Munby orders re-opening of finding of fact hearing in care proceedings where boy was later adopted
Police rule out action against ex-Leader of unitary authority
Police decide to take no action against former council leader after standards committee report last November into his failure to declare an interest
Judge quashes planning permission for gypsy caravan development
Deputy High Court judge quashes council’s grant of planning permission for change of use of land from grazing to residential for gypsy caravan and touring caravan
County and districts row over research into future of local government
Row breaks out between county council and four districts over commissioning of research into future of local government in area
ON THE MARKETPLACE
Ward Hadaway sees turnover rise by 7%+ to record £35.8m
Maples Teesdale's Sutton joins Law Society planning committee
MORE NEWS STORIES....
Liverpool wins 'Legal Services of the Year' at MJ Awards 2016
Liverpool City Council named ‘Legal Services of the Year’ at MJ Awards 2016, while Durham Council wins ‘Excellence in Governance and Scrutiny’ category
Former Paralympian fails in judicial review over traffic light switch-off
Partially-sighted man fails in judicial review challenge over borough council’s decision to turn off traffic lights at some pedestrian crossings
Stone King opens Leeds office with education law team hire
Education law firm Stone King opens new office in Leeds with hire of partner from Ward Hadaway
Family President says more children to give evidence in proceedings
Courts should expect to hear evidence from children in family proceedings more often, President of Family Division says
MUST READ FOR EMPLOYMENT LAWYERS: 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.
Rates row between Camden and British Museum to head to full hearing
Dispute between Camden Council and British Museum over business rates to proceed to full hearing
Watchdog issues warning to procurement professionals on bid-rigging
Competition and Markets Authority issues open letter to procurement professionals on where and how bid-rigging can occur during tender process
Charity urges SRA to investigate education law firm in storm over tweets
Leading charity that helps parents of children with special educational needs urges SRA to investigate conduct of education law firm that boasted of winning tribunal case
Campaigners win permission for second judicial review over library plans
Group opposed to council plans to have volunteers run south Wales library given permission to bring second judicial review challenge
Law Society and SRA consult on PC fee for individual solicitors in 2016/17
Chancery Lane and Solicitors Regulation Authority launch consultation on plans to set individual rate of £290 per solicitor for practising certificate in 2016/17
See all of our most recent news stories
New articles on Local Government Lawyer
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.
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.
'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.
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.
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.
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.
Fifty Development Consent Orders by Angus Walker
During this lull between decisions (a two-month gap that we are half way through), it is a good moment to reflect on the 50 development consent orders (DCOs) that have now been made.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
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.
Adult Social Services: Direct payments under the Care Act
reports on the outcome of a High Court challenge brought by recipients over the suspension of accreditation of a direct payments service used by more than 3,000 people.
Adult Social Services: State imputability
A ruling by the Deputy President of the Court of Protection imposes more obligations on local authorities, financial deputies and the courts, writes Nageena Khalique QC
Children: The Supreme Court on Article 15
The Supreme Court recently examined the Article 15 discretionary power in proceedings relating to the welfare of two young girls. Katherine Couper
looks at the key findings.
Children: Cheshire West and children
considers how the courts are applying the Cheshire West
principles to Children Act cases.
Children: Transition to education, health and care plans
LexisPSL Local Government
, in partnership with Anita Chopra
and Chris Barnett
, set out a checklist for moving children from statements to the new regime of education, health and care plans.
Children: Age assessment and litigation fairness
The Court of Appeal has handed down a wide-reaching judgment that directly concerns age assessment cases, but the principles enunciated apply to all litigation (private and public), writes Peter Oldham QC
Community Safety: PCCs - end of term report
What impact have Police and Crime Commissioners had since their introduction? Sarah Ellson
and David Northfield
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
Education: School standards and religious rights
analyses a recent First-tier Tribunal education case concerning school standards and religious rights.
Education: Censorship or justified concern?
A High Court judge recently heard a group of academics' judicial review challenge to a university's decision to withdraw permission for a conference on international law and Israel. Dominic Ruck Keene
analyses the judgment. (ON PUBLIC LAW TODAY)
Education: Academies and public law: Pt 2
In the second in a two-part series, Mark Johnson
looks at what academies should consider when carrying out consultation. (ON PUBLIC LAW TODAY)
Education: Public law pitfalls for academies
In the first of a two-part series, Mark Johnson
looks at issues around inadequate consultation and other public law pitfalls for academies.
Employment: Stand by me?
A teacher who stood by her sex-offender husband has succeeded in an indirect religious discrimination claim. Richard Hewitt
Employment: Contractual staff handbooks
A recent Court of Appeal decision highlights the limitations of contractual staff handbooks for employers, writes Jessica Ryan
Employment: Wider still, and wider?
considers a recent case involving a London borough and the wide range of circumstances in which employees may bring claims of discrimination arising from disability.
Employment: Malicious emails and privacy
The Employment Appeal Tribunal (EAT) recently considered whether an employee had a reasonable expectation of privacy in malicious emails sent to a work colleague. Mark Stevens
Governance: What now for trust ports?
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.
Governance: Electoral law case update
With elections taking place, Tom Tabori
looks at the lessons to be learned from recent cases on electoral law.
Governance: Community engagement and social media
How can local government minimise the risks when using social media to boost community engagement? Dan Read
Governance: Combined authorities – accountability is key
With the drive to greater regional devolution, combined authorities, local authorities and other key stakeholders will need to address significant issues around accountability, writes Anja Beriro
Governance: Audits and auditors - England
In partnership with Stephen Sheen
, the LexisPSL Local Government
team highlights key features of external audit and internal audit in England.
Healthcare: Creating a sustainable healthcare system
Housing: Trespassers and proportionality
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.
A High Court judge recently considered whether one local authority's bid to evict a trespasser was proportionate in circumstances where another council had accepted a duty to the man as a homeless person. Emily Orme
analyses the outcome.
Housing: Sub-letting: have you got the best evidence?
considers some of the issues arising, and the court procedures available to, social landlords taking possession action because the tenant is believed to have sub-let or parted with possession of the demised premises.
Housing: Consult in haste, repent at leisure
As local housing authorities nationwide consider introducing or renewing additional and selective licensing schemes, Dean Underwood
considers the requirements of a key pre-condition to designation and provides local housing authorities with tips about lawful consultation.
Housing: Lower standards in some HMOs?
Nottingham City Council is planning to go to the Court of Appeal after it lost an Upper Tribunal case on its decision to ban two small bedrooms being used as sleeping accommodation. David Hobbs
Housing: Housing associations and exchange of tenancies
looks at an application for judicial review of a housing trust's decision not to provide consent to an exchange of tenancies.
Information Law: Transparency updates and the revised s45 Code
examines recent transparency-related developments that will have a potential impact on the engagement of exemptions under FOIA and the EIR, and the public interest balance.
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: County Court "costs only" appeals
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.
Litigation: Council tax reduction and the Denton Principles
The High Court has recently applied the Denton
Principles in a council tax reduction appeal. Richard Hanstock
Litigation: Standard of review in Aarhus cases
David Hart QC
examines the latest Aarhus Convention point to come before the domestic courts, in a case involving a city council.
Litigation: Key costs cases in Q1 2016
, Victoria James
and Dr Catriona Wolfenden
round up the major costs cases in the first three months of 2016.
Litigation: Non-domestic rate collection: never too late?
In the first of his three-part series on debt recovery, Marc Samuels
revisits the circumstances in which local authorities can issue late demands for non-domestic business rates.
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.
Planning: Only a partial victory?
The Government may have hailed its successful appeal over its affordable housing and small sites policy as a major victory but it is not the end of the battle for local planning authorities, writes John Pugh-Smith
, who also considers some of the overlapping implications with the 'Starter Homes' initiative.
Planning: The Public Sector Equality Duty and planning
examines the importance of the Public Sector Equality Duty in planning decision making.
Planning: Affordable housing and small sites: the Court of Appeal ruling
The Communities Secretary has won his appeal over a High Court ruling that a key government policy on affordable housing and small-scale sites was unlawful. Harriet Townsend
, Martin Edwards
, Ashley Bowes
and Andrew Lane
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.
Procurement: Regulation 53 and publication of procurement documents
“Do we really need to publish all our procurement documents before we go to market” is a question frequently asked by clients. Davina Cross
examines the issue.
Procurement: Setting up a Dynamic Purchasing System
In her second article on Dynamic Purchasing Systems, Susie Smith
looks at the process for dealing with Requests to Participate (RTPs) from economic operators after a DPS is established.
Procurement: Dynamic Purchasing Systems – the planning phase
A significant number of Dynamic Purchasing Systems are either up and running or in the planning phase in the UK and this is raising practical issues, writes Susie Smith
in the first in a series of articles.
Procurement: Framework agreements and direct awards
and Tim Care
consider how contracts can be called off under multi-supplier framework agreements, by making a direct award without re-opening competition.
Projects: Brexit and state aid
Will ‘Brexit’ free the UK from State aid rules? Jonathan Branton
Projects: Playing by the rules
In a key state aid case involving a loan made by a city council, the Court of Appeal recently considered the Market Economy Investor Principle. Angelica Hymers
analyses its ruling.
Projects: Changing Development Consent Orders
Following the decision of the Energy Secretary to make a non-material amendment to the East Anglia ONE offshore windfarm development consent order, Hereward Phillpott QC
and Isabella Tafur
consider the procedure for making changes to DCOs after they have been made and some of the issues to be aware of.
Projects: Refinancing PFI and PPP deals
sets out some of the key considerations for local authorities that are looking to refinance their PFI or PPP deals.
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.
Property: Overage clauses and drafting issues
reviews the main elements of agreeing overage agreements that local authorities need to take into account when agreeing overage terms.
Regulatory: Models of building control provision
discusses legal issues related to alternative models of building control provision.
Regulatory: Game of drones – the law
examines the issues that local authorities may face as a result of the use of drones.
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.
|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
|Social Housing Fraud
||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
||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
||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
||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
||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
||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.