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JOBS OF THE WEEK: There are some fantastic opportunities on LGL:
EVENT OF THE WEEK: 12 College Place is holding its Child Care Summer Conference 2015 on 11 June in Southampton.
Council launches judicial review action after inspector looks to reject key plan
Durham County Council says it had "no choice" but to seek judicial review after planning inspector threatened to find the Durham County Plan unsound
Supreme Court upholds challenge to decision on intentional homelessness
Local authorities advised to review urgently their intentional homelessness decision making after Supreme Court – by 4-1 majority – allows appellant’s challenge
PIckles given knighthood and new anti-corruption role
Eric Pickles, the former Secretary of State for Communities and Local Government, is to be given a knighthood and a new role as anti-corruption ‘tsar’, Downing Street announces
Court of Appeal rules on vexatious and unreasonable information requests
Key ruling on scope of public authority’s power to reject request for information as ‘vexatious’ or ‘manifestly unreasonable’
Council to review policy on filming after confiscating cameras at meeting
Local authority to review its policy on members of the public filming its meetings, after controversial full council meeting at which cameras were confiscated
Crowdfunding website looks to fund public interest litigation
Judicial reviews against central and local government to be core type of case for site, says founder
Public bodies should pay costs and surcharge if decisions overturned: Law Society
Public authorities including councils should pay the costs of claimants to the legal aid fund together with a surcharge where their administrative decisions are overturned by courts and tribunals, Chancery Lane recommends
Police force fined £160k after losing DVDs of interview with abuse victim
Information Commissioner’s Office imposes £160,000 monetary penalty on police force after it lost DVDs of an interview which formed part of evidence
Council defeats second judicial review challenge to nursery education decision
High Court rejects challenge by two mothers to revisited proposal on provision of nursery education to three year olds children. Claimants had won a similar action in 2014
Court of Appeal gives reasons in Luton v Central Bedfordshire dispute
Luton Borough Council had challenged the grant of planning permission by neighbouring authority for urban extension
SUPERB OPPORTUNITIES: MId Kent Legal Services – the shared legal service for Swale, Maidstone & Tunbridge Wells Borough Councils – is making a step change in the way that local authority legal services are delivered. It is looking to hire a Team Leader (Contracts and Commissioning) and a Senior Lawyer (Planning).
LAST CALL: The deadline for these two senior roles is fast approaching:
TOP INTERIM ROLES: Regeneration & Planning Lawyer (North West - urgent), Litigation - central government (London), Housing Litigation Lawyer (Northern Home Counties), Junior Contracts Lawyer (Kent) and Adult Social Services Lawyer/Legal Executive (East Midlands). To see all roles on LGL, click here.
MORE NEWS STORIES....
Councils and housing associations see rent arrears and evictions rise
Local authorities and housing associations have seen significant rise in average rent arrears and the number of evictions is starting to rise, research by Grant Thornton reveals
Supreme Court hears procurement challenge over tax-free childcare plans
Issues include whether there was material variation of contract with ATOS, which will deliver new scheme for National Savings & Investments
Brussels consults on effectiveness of remedies in public procurement
European Commission launches consultation aimed at evaluating effectiveness of remedies in field of public procurement
Campaigners secure legal aid for judicial review challenge to library plans
Group eyes judicial review challenge to Vale of Glamorgan Council’s plans to change the way their local library is run
Primary Authority to be simplified and extended through Enterprise Bill
Business Secretary Sajid Javid says only tiny fraction of those who could benefit from the regulatory scheme do so
Another council to tackle legal highs via public space protection order
Taunton Deane to follow lead of City of Lincoln Council and introduce PSPO banning use of legal highs in public
Browne Jacobson sees turnover rise 17% to £58.9m for 2014/15
Organic growth reported at all five offices of national law firm
See all of our most recent news stories
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New articles on Local Government Lawyer
The Court of Protection comes of age
The Court of Appeal has issued a hugely significant ruling for all those concerned with the MCA 2005 and decision-making in relation to those who lack capacity in domains related to their care arrangements. The Court of Protection team at 39 Essex Chambers reports.
Funding trading standards services
A recent judicial review application over cuts to a local authority’s trading standards team highlights the need to examine funding structures, writes Melissa Dring of the Chartered Trading Standards Institute.
Vexed by vexatiousness?
The Court of Appeal has for the first time considered provisions on ‘vexatiousness’ and ‘manifest unreasonableness’ in relation to information requests. Christopher Knight reports.
Keeping your head out of the sand?
A High Court judge has set out which a public authority ought to take, if it cannot, for financial reasons, defend its own decision in court in judicial review proceedings. David Hart QC analyses the ruling.
FOI and the new government
With a new Conservative government and Michael Gove appointed as Justice Secretary, what does the future hold for freedom of information? Ibrahim Hasan considers the prospects.
Public sector pensions: key issues
Michaela Berry rounds up some of the key issues in relation to public sector pensions from a legal viewpoint.
Damages for human rights breach
Garry Dover reports on a High Court case where a children’s guardian notified a local authority that she intended to issue proceedings in respect of its multiple breaches of a young boy's human rights.
Claims by trespassers
A trespasser on school property failed in a claim made after he suffered a catastrophic fall. Tom Baker and David Willaims explain why.
The latest blogs...
Onshore wind to come out of Planning Act? by Angus Walker
This entry reports on the possible removal of onshore wind farms from the Planning Act 2008 regime.
Answering the BBC's 'Five Big Questions'
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.
Catch-up on recent articles on Local Government Lawyer:
Adult Social Services: Best interests in the real world
The Court of Protection team at 39 Essex Chambers
consider the lessons for local authorities from a recent best interests case involving a 74-year-old woman with a diagnosis of dementia.
Adult Social Services: Marriage, civil partnerships and safeguarding the vulnerable adult
reviews the options for local authorities when it comes to forced marriage and vulnerable adults.
Children: How not to conduct care proceedings
The wise lawyer does not build his house upon the sand no matter how established the beach is: senior family judges have issued a timely reminder on evidence, threshold and compliance, writes Stephanie Townsend
Children: Deprivations of liberty and children
When is a deprivation of liberty not a deprivation of liberty? When the parents of a 15 year old agree to it. Bridget Dolan
and Sarah Simcock
analyse a recent High Court ruling.
Employment: What is an ‘establishment’?
reports on the Court of Justice of the European Union’s long-awaited ruling in relation to collective redundancies and employee consultation.
Employment: Whistleblowing protection – when is a disclosure in the public interest?
considers the implications of a recent Employment Appeal Tribunal decision on the meaning of “in the public interest” in the context of whistleblowing legislation.
Governance: A Manifesto for Local Government
Delegates at the recent Weekend School were asked to give their views – in the run up to the election – as to the changes to local government they would like to see. Michael Mousdale
and Bradley Martin
review the comments.
Housing: Flexible structures for joint developments
explains how to provide a flexible legal structure for joint developments by partner authorities in an extended series of site-specific projects.
Information Law: The Secret(-ish) Diary of Andrew Lansley (aged 58 1/4)
The Department of Health has lost an appeal to the Upper Tribunal over an Information Commissioner’s Office order that it disclose most of the information it withheld from a former Secretary of State’s ministerial diary. Christopher Knight
examines the ruling.
Licensing: The Supreme Court and Hemming
The Supreme Court has overturned the Court of Appeal ruling in Hemming
on licensing enforcement charges. David Matthias QC
analyses the judgment.
Licensing: What's in store for charity lotteries?
Relaxation of regulation could open the way for more charity lotteries, write Sarah Payne
and Lucinda Ellen
Litigation: Changes to the Criminal Procedure Rules
The Advocacy Team at Essex Legal Services
set out the most important changes to the Criminal Procedure Rules for local authority lawyers.
Planning: Heritage issues and planning applications
and Brian Hurwitz
examine the recent guidance from the courts when it comes to considering heritage issues in planning applications.
Planning: Planning obligations and infrastructure
What contribution can planning obligations still make to funding infrastructure? Christopher Cant
Procurement: Options for local government trading
Interest in the opportunities presented by local government trading has never been higher. Rob Hann
examines the various delivery models and the challenges they bring.
Procurement: A question of timing
The High Court has recently rejected a council’s bid to have a procurement challenge thrown out over time limits. Claire Booth
Property: Searching questions
An Advocate General at the Court of Justice of the European Union has issued an opinion in the key case on local authorities' ability to charge for the provision of property search information. Timothy Pitt-Payne QC
looks at the ramifications.
Property: Vacant building credit – the latest position
Uncertainly remains around vacant building credit despite recent changes to the National Planning Practice Guidance, write Christopher Stanwell
and Tim Stansfield
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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