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JOBS OF THE WEEK: Be part of a practice with a very big future ahead of it - HB Public Law is expanding: Senior Lawyer - Planning & Regeneration; Senior Lawyer - Property; Lawyer - Social Care; Lawyer - Social Care (fixed term); Lawyer - Litigation; Lawyer - Planning & Regeneration; Lawyer - Property; Lawyer - Contracts, Procurement & Information; Legal Assistant - Litigation and Social Care; and Legal Assistant - Commercial Team.
Buckinghamshire appoints Peart to head of legal role - shared with Harrow
Hugh Peart, Director of Governance and Legal Services at Harrow, named as new Head of Legal at Buckinghamshire CC. He will divide his time between the two authorities and explore ways in which legal functions can work more closely together. See also: Hounslow Council to join HB Public Law partnership in June
Local authority wins Supreme Court appeal over costs order in care case
Supreme Court unanimously allows appeal over Court of Appeal’s award of costs to father involved in care proceedings
Council to seek judicial review over "£3m shortfall" in Care Act funding
Local authority accuses the Government of reneging on its promises, will argue process on funding was unlawful
Council to bring judicial review over DCLG direction on newspaper timing
Royal Borough of Greenwich says its legal advice suggests it has a strong case over Eric Pickles' direction limiting it to four issues of Greenwich Time a year
Central government "must trust local government with fiscal powers": law firm
Within local government there is “the willingness and – fundamentally – the capacity” to take on significant new powers but there is a need for greater trust and support from central government, says Browne Jacobson report on regional devolution
Government to publish secondary legislation on dismissal of senior staff by councils
DCLG lays before Parliament secondary legislation to reduce "unnecessary and costly bureaucratic process" councils must go through to take decisions about disciplinary matters, including dismissal, of most senior staff
Cabinet Office consults on single Public Services Ombudsman for England
Minister launches consultation on proposal to create new Public Services Ombudsman in England, whose responsibilities would extend to all who are delivering such services including third parties
DCLG to withhold funding from district over transparency "failings"
MInister accuses council over reporting of redundancy payments, and apparent failure to follow best practice on Localism Act pay policy statements
Government in policy statement on transparency on publicly funded services
Cabinet Office calls for proactive release of information on contracts, says there must be a presumption in favour of disclosure. See also: Action needed to tackle "transparency gap" caused by outsourcing: ICO
APPLY TODAY! Herefordshire Council is looking for professionals with dynamic legal skills, experience and drive: Principal Lawyer - Commercial; Principal Lawyer - Commercial Property; Senior Solicitor - Adults; and Capital Schemes Lawyer. £5,000 relocation package; market supplement paid where appropriate.
A wide range of councils, law firms and other bodies are recruiting this week:
TOP INTERIM ROLES: Senior Planning Solicitor, Senior Legal Officer - Property, Commercial Property Lawyer, Criminal and Civil Litigation Lawyer and Practice Manager. To see all roles on LGL, click here.
MORE NEWS STORIES....
Ministers to remove annual fee payable by councillors as 'data controllers'
DCLG and Ministry of Justice agree to take steps to remove annual fee that councillors are required to pay to register as data controllers under Data Protection Act. Local authorities to undertake notification process themselves
Council defeats court bid by landlords to derail additional licensing for HMOs
High Court judge refuses group of landlords permission to seek judicial review of city council’s decision to designate certain areas as subject to ‘additional licensing’ in relation to houses of multiple occupation
Civil injunction for dealing with anti-social behaviour comes into force
Last of six new powers for dealing with anti-social behaviour brought in by the Government through the Anti-social Behaviour, Crime and Policing Act 2014, has come into force
Cornwall names seven firms to £1.5-3m panel for South West public bodies
External legal panel to be made available to public bodies in South West, worth an estimated £1.5m to £3m over its duration
Planning compulsory purchase orders rose sharply in 2014: research
Number of Planning Compulsory Purchase Orders (CPOs) increased by 61% in 2014, research by law firm suggests
Revised procurement policy note issued on past performance of suppliers
LGA issues handbook for councillors on taxi and PHV licensing
LGO raps council over failure to implement report on care home top-up fees
Spending watchdog publishes Code of Audit Practice for local public bodies
See all of our most recent news stories
New webinars on Local Government Law TV
|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.
New articles on Local Government Lawyer
Re S: care cases and costs in the appellate court
The Supreme Court has recently examined the principles and law in relation to costs in the appellate court in cases concerning children. Kate Makepeace Grieve analyses the ruling.
Extremism, social division and best value
Graeme Creer questions the Communities Secretary's proposed use of the best value statutory guidance to make it clear that councils should not fund extremist organisations.
Re L: Practice guidance
Andrew Venables summarises recent guidance from the Family President on bundles and translating documents.
Considering BYOD? Top tips for protecting against security risks
This article from the LexisPSL IP&IT team focuses on the key considerations and potential risks an organisation needs to evaluate when considering whether or not to permit BYOD.
Development agreements, variation and procurement
A council's bid to vary a development agreement was recently successfully challenged in the Planning Court on procurement grounds. Ruth Connorton and Alison Walton explain why.
Section 123 Local Government Act 1972...again!
Nathan Holden analyses why the latest Administrative Court case relating to s. 123 of the Local Government Act 1972 was an unusual one.
Use of closure notices and orders
Kate O'Brien looks at the use of closure orders since the Anti-Social Behaviour Crime and Policing Act 2014 came into force last October.
Transparency in the Court of Protection: press should be allowed names
The Court of Protection has clarified the position on revealing the identity of an incapacitated adult where reporting restrictions apply. Rosalind English analyses the ruling.
Age discrimination: new contract discriminatory or justified?
The Employment Appeal Tribunal has ruled that a requirement to enter into a new employment contract was an indirectly discriminatory working arrangement, but in this case it was justified. Simon Lambert reports.
EVENT OF THE WEEK: The Inaugural Hart & Bloomsbury Publishing State Aid Conference 2015 is taking place in London on 17 April.
FEATURED SUPPLIER: Legal Document Translation provide you with a proven, trouble-free translation process. We carry out Legal Aid work at very competitive rates for local authority legal departments, solicitors, Childrens Services and Social Services departments throughout the UK - often providing a same day service.
The latest blogs...
Flesh put on bones of revised DCO change process by Angus Walker
This entry reports on legislation to simplify the process for changing development consent orders.
Planning Act 2008 miscellany
Catch-up on recent articles on Local Government Lawyer:
Adult Social Services: Neary 2? Making Article 5(4) real
The Court of Protection team at 39 Essex Chambers
report on a "vitally important" ruling in relation to deprivations of liberty and the role of local authorities and other participants such as IMCAs and RPRs.
Children: Preventing child sexual abuse
In the wake of the Government announcements in response to reviews on child sexual exploitation, Olwen Dutton
and Emma Godding
look at the key considerations - including in relation to information-sharing - for organisations involved in child protection.
Employment: Variation clauses and T&Cs
The Employment Appeal Tribunal has considered whether a variation clause in a part-time teacher's contract allowed the school to impose a unilateral change to her working hours. Simon Lambert
reports on the outcome.
Governance: RIPA powers for local councils
There are three types of surveillance techniques available to local authorities under the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The LexisPSL Corporate Crime
team set out how to use these powers correctly.
Governance: Going into 'purdah'
sets out some of the key issues in relation to local authority decision-making during the pre-election period.
Healthcare: The Greater Manchester health and social care deal
Last month groundbreaking plans were announced around the integration of health and social care in Greater Manchester. David Fagan
looks at the legal issues that the arrangements could raise.
Healthcare: Forthcoming NHS pensions changes
In a move to bring NHS pension benefits in line with state pension age, how does the new 2015 scheme differ and how does this link with salary sacrifice arrangements? Catherine Charlton
Housing: Relevant facts and s. 191(2) Housing Act 1996
The Court of Appeal has held that a relevant fact under s.191(2) of the Housing Act 1996 had to be an existing fact and could not be a belief in the happening of a future event. David Lintott
examines a council's successful appeal.
Licensing: The Home Office and summary reviews
Has the Home Office abdicated responsibility on giving guidance on summary/expedited reviews? asks Paddy Whur
Licensing: Constitution of licensing sub-committees
highlights the dangers for local authorities that fail properly to constitute their licensing sub-committees.
Litigation: Sticking point
The Court of Appeal has upheld a council's appeal against a first instance ruling in favour of a personal injury claimant in a case where the local authority failed to carry out a risk assessment. Robin Churchill
explains the judgment.
Litigation: The Criminal Justice and Courts Act 2015 and judicial review
The Government’s judicial review reforms had a troubled passage through Parliament. Now that the legislation has received Royal Assent, what will the changes mean for public bodies? Alison Oldfield
and Trish D’Souza
Planning: An Inspector Calls (it wrong)
analyses a spate of recent rulings where judges have criticised planning inspectors' decisions.
Procurement: Discussion with bidders
and Victoria Fletcher
look at the two procedures set out in the Public Contracts Regulations 2015 which allow for discussions with bidders before the contract is awarded.
Projects: The Infrastructure Act 2015: key measures
The Infrastructure Act 2015 recently received Royal Assent. Philippa Plumtree-Varley
looks at the key provisions.
Property: Vehicular access routes over commons
The Court of Appeal ruled in favour of the developers in a case about gaining vehicular access routes over statutory commons in order to enable adjacent development. Paul Wilmshurst
Regulatory: Commencing criminal proceedings correctly
All criminal cases begin in the magistrates' court however serious the offence. The LexisPSL Corporate Crime team
set out the correct steps that need to be taken when commencing proceedings in these ways.
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