www.localgovernmentlawyer.co.uk - unique visitors in July: 30,094.
JOBS OF THE WEEK:
Court expedites hearing of contract dispute between Cornwall and BT
High Court will in December hold an expedited hearing of dispute between Cornwall Council and BT over whether local authority was entitled to terminate major outsourcing contract for material breach
Bevan Brittan targets North of England public sector work with Leeds opening
Law firm launches new office in Leeds, with advanced plans to hire seven partners
Planning policy for Travellers restricted to those "who genuinely travel"
Government revises special planning policy for Travellers to state that it will only apply to those “who lead a genuine travelling lifestyle”
Council rapped over failure to tell homeowners of property sale restriction
Local Government Ombudsman criticises local authority for failing to tell purchasers of ex-council homes of full extent of s. 157 restriction on property
DBIS gives green light to apprenticeship standards for solicitors
Standards for apprentices to qualify as a solicitor "ready for delivery", says Department for Business, Innovation & Skills. First legal trainees could start as early as September 2016
Five councils to have apprentices in legal teams from this month
Legal apprentices to follow the Advanced Apprenticeship in Legal Services
Burger van owners take council to court over school exclusion zone
Owners of five burger vans take authority to court over imposition of 250m exclusion zone around schools, according to reports
Have you or your team applied for the Local Government Legal Awards 2015? Find out more here - the deadline for the first stage of the simplified application process is 11 September.
Law firm wins second £1.3m mandate to advise councils on 840-hectare scheme
NW social housing group to choose adviser for development legal services
Fife Council names Anderson Strathern to £200k+ contract
APPLY TODAY: The closing date for the role of Head of Legal - Social Care and Education (to £72,000) at Ealing Council is 14 September. Other superb opportunities this week are:
INTERIM ROLES: Planning Lawyer (London), Child Care Solicitor (Herefordshire), Commercial Property Lawyer (North West), Solicitor - Corporate, People, Land and Property (Gloucestershire) and Commercial Contracts Lawyer (West Midlands). Click here to see all roles.
MORE NEWS STORIES....
Judge upholds challenge over town green and local authority land
High Court judge allows judicial review challenge by campaigner over inspector’s refusal of application to register land in Exeter as town green
Council pursues contempt of court proceedings in concealed house dispute
Local authority lodges claim for contempt of court proceedings in latest stage of long-running battle with farmer over house he built behind straw bales
District council progresses plans for launch of own community lottery
Cabinet at Aylesbury Vale District Council backs proposal for local authority to become first in the country to launch its own online community lottery to benefit good causes
Councils submit devolution deals ahead of Treasury deadline
Councils are submitting their proposed devolution deals to the Chancellor of the Exchequer ahead of today’s preliminary deadline
Campaigners to raise £20k for judicial review of new fracking policy
Group looking to raise £20,000 through crowd funding to support judicial review challenge to Government’s new policy on fracking
Advocate General issues opinion over minimum unit pricing for alcohol
EU laws do not preclude members states from imposing minimum retail price for alcoholic beverages to combat alcohol abuse, but AG warns of need for measure to have more advantages or fewer disadvantages than alternatives such as increased taxation
See all of our most recent news stories
Learn to REALLY listen with Richard Mullender
LexisNexis would like to invite you to a networking event on 28 September in London for lawyers in the Public Sector. Our guest speaker will be Richard Mullender
, a former Lead Trainer at the National Hostage and Crisis Negotiation Unit, Scotland Yard. He will introduce you to listening skills that will help improve your ability to communicate and influence others, whomever you are dealing with. Click here for further information.
OTHER KEY EVENTS
For public organisations seeking external assurance or reinforcement in connection with governance, standards and compliance, Howell Christie
is a consultancy which delivers thoroughness, credibility and pragmatism with the right balance of challenge and support.
New articles on Local Government Lawyer
ACV appeals and inspector decisions
Setting aside possession orders
Christopher Cant looks at the guidance to be gleaned from Assets of Community Value appeals and Planning Inspectors’ decisions.
ISIL child brides and the Family Court
Are ISIL child brides set to be a big care problem for the Family Court? Rosalind English reports.
False statements and election law
Aathelstone Aamodt looks at the issues where false statements are made about an election candidate.
Solar farms on agricultural land
Stephen Tromans QC, Philippa Jackson and Jon Darby examine current government policy on locating solar PV schemes on agricultural land.
Schools and finance leasing
Revised statutory guidance sets out how finance leasing is still a no go area for schools, writes Frank Suttie.
Are you in time….?
Jessica Swannell examines some of the issues around the three month deadline for claiming legal costs where the paying party is legally aided.
Ill health and TUPE transfers
A recent Employment Appeal Tribunal ruling indicates that employees absent due to ill health might not TUPE transfer, writes Phil Allen.
When it comes to the setting aside of possession orders, what constitutes a good reason for non-attendance? Will Beetson
examines the key rulings.
Selling Legal Services? Get your service noticed on
Local Government Lawyer and Public Law Today
We are pleased to announce the forthcoming launch of a new directory of local authority traded legal services, providing a cost- and time-efficient way for local authorities to profile their services to hundreds of potential public sector and other clients.
For details of how to advertise, please click here.
The latest blogs...
Have NSIP applications slowed down? by Angus Walker
This entry examines whether there has been a slowdown in applications for nationally significant infrastructure projects.
Want to be a book reviewer? Local Government Lawyer
is soon to launch a new online bookstore and we are looking for practitioners to review the latest legal titles as they are published. Instant fame (and free legal books) guaranteed. Please contact Derek Bedlow at firstname.lastname@example.org
or 0207 239 4917 with details of your areas of interest.
Been away? Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Deprivations of Liberty: "a complete impasse"?
reports on the latest twist in the Court of Protection and cases of deprivation of liberty in the community.
Adult Social Services: Mental capacity and deprivation of liberty: the Law Commission’s consultation paper
The Law Commission has published its eagerly-anticipated consultation paper on deprivations of liberty. Tim Spencer-Lane
, one of the team involved in the project, sets out the key proposals.
Children: Delayed judgments in child care cases
The Court of Appeal recently considered what action a court should take when the preparation and handing down of a judgment in a child welfare case has been very substantially delayed. Lynne Braby-Pavitt
Children: Child Protection and Data Protection
A High Court judge has ruled that a council's policy on retaining child protection records was lawful. Christopher Knight
analyses the judgment.
Community Safety: Gangbos and Article 6
examines a landmark decision on the compatibility of “Gangbos” with Article 6 of the Human Rights Act.
Education: Expert evidence about SEN
The Upper Tribunal has considered how the First-tier Tribunal should approach expert evidence about special educational needs and provision. Rachel Kamm
analyses the ruling.
Education: School transport and indirect discrimination
, Trish D’Souza
and Emma Cullen
look at the lessons from a successful judicial review challenge against a council’s home to school transport policy.
Employment: Proof of indirect discrimination
When it comes to indirect discrimination, what does an individual need to prove? Jenny Marley
reports on a recent Court of Appeal ruling.
Employment: The right to be accompanied in investigatory meetings
The High Court has held that a university's refusal to allow an employee to be accompanied by a representative of a professional defence organisation at an investigation meeting was unfair and breached the implied term of trust and confidence. Helen Hughes
Governance: Protecting the reputation of the council
considers attempts by local authorities to protect their reputation and analyses a recent European Court of Human Rights ruling.
Healthcare: Local authorities and health services
The LexisPSL Local Government
team and Ros Ashcroft
examine local authority statutory functions with regard to the provision of health services.
Housing: Using the wrong tenancy agreement
The Court of Appeal has held that an agreement for an introductory tenancy, used in error, did not in fact grant an introductory tenancy, as the tenancy was precluded from being introductory by the Housing Act 1985. Jonathan Manning
and Sarah McKeown
Housing: Refusing a final offer of accommodation
When is a decision to refuse a final offer of accommodation under s193(7) Housing Act 1996 on grounds of psychological distress reasonable? Christi Scarborough
Housing: The intentionally homeless
draws together the key principles in relation to councils' duties towards the intentionally homeless. (On Public Law Today)
Information Law: Commercial interests and FOIA
When it comes to commercial interests, where does the balance lie under the Freedom of Information Act? Helen Prandy
looks at a recent First-Tier Tribunal ruling.
Licensing: Safeguarding vulnerable people through taxi licensing
, LLG's National Lead Licensing & Litigation Officer, sets out some of the work being in done in the North East in relation to safeguarding and taxi licensing.
Licensing: When can a licensing appeal be withdrawn?
examines the issues raised when a premises licence holder sought to withdraw an appeal after it had been remitted back to the licensing authority.
Litigation: Costs for judicial review
and Morayo Fagborun Bennett
set out key provisions in relation to costs for judicial review, covering protective costs orders (PCOs), interveners and costs capping.
Litigation: Claims over poorly installed cavity wall insulation
considers the issues for local authorities and housing associations arising out of mis-sold or poorly installed cavity wall insulation.
Management: Reviewing legal services expenditure
looks at the steps public sector bodies can take to get the most out of their spend on legal services.
Management: An alternative view
reports how he has been persuaded that local authority-owned alternative business structures might work in certain circumstances, although he is yet to be fully won over.
Planning: Lack of EIA not fatal to planning permission
The Supreme Court has handed down a major ruling in a case where there was a legal defect in the procedure leading to the grant of planning permission. Martin Goodall
analyses the judgment.
Planning: Affordable housing and small scale sites
The Planning Court has issued a key judgment on affordable housing requirements for small scale housing sites and vacant building credit. The practical implications are of immediate effect to developers’ negotiations, writes Jenny Wigley
Procurement: Buying social
analyses what just what can be done and what can’t be done in respect of ‘buying social’ and buying ‘local’.
Procurement: Giving reasons to unsuccessful bidders
Issues over debriefing and the giving of reasons were to the fore in the most recent procurement challenge by European Dynamics. David Hansom
looks at the lessons to be learned.
Procurement: The Supreme Court on material change
The Supreme Court has provided guidance on material change in procurement contracts. Patrick Parkin
and John Houlden
analyse the ruling.
Projects: Interim payment applications
When it comes to interim payment applications: be on time, be late, but don't be early. Louis Foscolo
and John Farrell
look at the lessons from a recent Technology and Construction Court ruling involving a local authority.
Projects: PFI ‘good faith’ obligations under scrutiny
The Technology and Construction Court has recently issued a ruling on a 'good faith' obligation contained in a PFI contract where a local authority was one of the parties. Leah Horn
examines the judgment.
Property: Public sector landlords, framework agreements and QLTAs
The Upper Tribunal has clarified whether councils and other public sector landlords can use framework agreements to appoint building contractors. Assad Maqbool
considers the significance of the ruling.
Property: Top 3 property litigation Q&As
The LexisPSL Local Government
service regularly publishes Q&As on property litigation. Here are three of the most popular.
Property: When is 'enough' legally enough?
looks at the application of s.9 of the Limitation Act 1980 to a belated High Court claim to force a local authority to refer a compulsory purchase compensation dispute to the Upper Tribunal.
Property: Listed building prosecutions: a practical guide
sets out the pitfalls that local planning authorities should avoid when bringing listed building prosecutions.
Regulatory: What the Tortoise taught us....
A recent Administrative Court ruling provides useful guidance on the duty of local authorities when they are alerted to possible unlawful activity, writes Nicholas Dobson
|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.
|Procurement Masterclass - The Tyranny of the "Sausage Machine"
||Michael Bowsher QC provides a personal view of some of the problems that the process-focused approach to public procurement is creating, and suggests some ways that lawyers can help achieve some of the social benefits it was intended to provide.
|The New Governance Landscape
||This presentation looks at how local authority lawyers can accomodate rapidly changing local government structures and delivery models against a legislative backdrop designed for another era.
|Lessons for Scrutiny from Rotherham and Mid-Staffs
||This presentation looks at the role that scrutiny - or the lack of it - played in the problems that came to light in Mid-Staffordshire NHS Trust and Rotherham Council and looks at how the effective systems of scrutiny can be designed and encouraged to pr
|New Delivery Models: Managing Governance in a Diverse Landscape
||As the number of new, and proposed, models for the delivery of public services continue to multiply, this course looks at the governance issues they create and how local authority lawyers and senior managers can manage an increasingly diverse landscape.
|Top Local Government Cases 2014
||Leading public law barrister James Goudie QC outlines and analyses the most important judicial decisions of 2014 as they affect local authorities.
|The Care Act 2014
||As the implementation of the Care Act 2014 fast approaches, this presentation identifies and explains the key elements of the Act that local authority lawyers need to be aware of.
|Equality Act Defences
||This course looks at the defences and tactics available to public authorities when faced with claims based on the Equality Act 2010 and provides an overview of how to prevent claims arising in the first place through an examination of the case law.