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Court of Appeal finds for council in key ruling on duty to cooperate
Judges reject challenge to Selby District Council’s adoption of its Core Strategy Local Plan, in key ruling on suspended examinations and the duty to cooperate
Council appeals term-time holidays decision to High Court
Isle of Wight Council appeals to High Court over magistrates' refusal to enforce fine against parent who took his daughter out of school for family holiday
Burden of proof on authorities in taxi licensing revocation appeals: High Court
High Court rules that burden of proof in taxi licence revocation appeals is on licensing authority to show that individual is not ‘fit and proper person’, it is reported
Clark extends oversight at Birmingham amid concerns over pace of progress
Communities Secretary extends Birmingham Independent Improvement Panel’s oversight of Birmingham City Council, amid concerns over pace of progress following Kerslake review
Council to implement changes after critical report on handling of elections
Stoke-on-Trent City Council to make improvements to way it runs elections services, following critical report by Association of Electoral Administrators
Council wins in Court of Appeal over transfer of land earmarked for mosque
West Midlands local authority wins Court of Appeal battle over buying back land earmarked for replacement mosque
Government to consider changing law to address fall in number of adoption decisions
Ministers are actively considering changes to adoption laws after 50% fall in number of decisions for adoption being made by courts, Prime Minister says. Package of measures will also see change to regulations requiring more thorough assessments where children to be placed with relatives
Reclassification of housing associations makes no material change: Clark
Decision by Office for National Statistics to reclassify housing associations as part of public sector will make “no material change” to their operation, Communities Secretary insists
SRA seeks to streamline process for applying for ABS licence
Solicitors Regulation Authority streamlines its processes for applying for an alternative business structure licence, including by removing need to approve each individual manager in an ABS corporate owner
Multi-academy sponsor launches tender for legal advisory services
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MORE NEWS STORIES....
Plans for Quality Contracts Scheme for buses in North East rejected
Opinion from Quality Contracts Scheme Board rejects plans from the North East Combined Authority, through transport executive Nexus, to take control over local bus services in region
Sentencing Council issues new guidelines for health and safety cases
Sentencing Council publishes new guidelines for corporate manslaughter, health and safety and food safety cases, with directions to increase penalties for large bodies convicted of more serious offences
Information Commissioner hands CPS £200k monetary penalty over lost laptop
Crown Prosecution Service fined £200,000 by ICO after unencrypted laptops containing videos of police interviews were stolen from private film studio
Councils responsible for post-16 education planning for privately-educated SEN pupils: Local Government Ombudsman
Councils must put post-16 education plans in place for all pupils with SEN, regardless of whether they have been educated independently or by the local authority, LGO says following investigation
City council to consult for second time on late night levy
Plymouth City Council to consult for second time on introducing late night levy for businesses that sell alcohol between 1 am and 6 am
DCLG consults on streamlined appeals system for business rates
Department for Communities and Local Government launches consultation on new, three-stage process for business rates appeals
Landlord fined £20k over housing offences including lack of HMO licence
Borough Council successfully prosecutes landlord for having control of house in multiple occupation without licence
Gambling Commission clarifies role of 'authorised persons' in Scotland
Watchdog seeks to clarify role of ‘authorised persons’ – including police officers and officers of licensing authorities – in Scotland
See all of our most recent news stories
TOP INTERIM ROLES: Interim Head of Legal (South West), Assistant City Solicitor (Yorkshire), Senior Contracts and Procurement Solicitor (Northern Home Counties), Adult Care Lawyer (Yorkshire) and Contracts and Procurement Lawyer (North West).
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New articles on Local Government Lawyer
When it comes to publishing the ‘procurement documents’ electronically, what do contracting authorities need to publish and when? Jenny Beresford-Jones looks at a new steer given by the Crown Commercial Service.
Procedural changes to planning statutory review
Significant changes to the procedural aspects of statutory planning related challenges have come into force, writes Stephen Morgan.
New dwellings - 4 year or 10 year rule?
Izindi Visagie analyses the options for planning authorities to take enforcement action where outbuildings are built as dwellinghouses.
The (indemnity) cost of getting it wrong
The Court of Protection team at 39 Essex Chambers analyse the award of indemnity costs against a local authority for breaching a disabled woman's rights.
Affordability of previous accommodation
The Court of Appeal has analysed what local authorities can take into account when considering the affordability of previous accommodation for the purposes of deciding whether a person is intentionally homeless for failing to pay the rent. Jonathan Manning and Emily Orme report.
Thinking caps on
Huw Rolant Jones, Shirley Hall and Gary Delderfield examine the potential implications for employers of capping public sector exit payments.
Local authority bonds and private placements
As funding streams for local authorities decline and cuts continue to be on the horizon, bonds and private placements are certainly in the thoughts of local authorities once again. But is a bond or private placement right for you? Natalie Singh reports.
BOOK REVIEW: Cornerstone on Anti-Social Behaviour - The New Law by Kuljit Bhogal. Read the review by Gillian Marshall, Solicitor to the Council at Selby District Council.
Want to be a book reviewer? Local Government Lawyer is 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.
The latest blogs...
National Infrastructure Commission takes shape by Angus Walker
Having been first announced by Chancellor George Osborne MP at the Conservative party conference, the launch of the National Infrastructure Commission (NIC) was made more formal last week.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: 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.
Children: Children, consent to medical treatment and deprivation of liberty
Stuart Marchant and Emma Timmons provide an update on children, consent to medical treatment and deprivation of liberty.
Children: Transparency in the Family Court
A judge recently allowed publication of certain details about child proceedings. Rosalind English looks at the reasons.
Education: Grammar school expansion
Rachel Kamm considers the legal issues surrounding the Education Secretary's decision to back a new annex proposed by a grammar school.
Education: Transparency and professional lives
Morris Hill and Adam Morrison examine the latest FOI decision – this time involving the headteacher of a school – where the tribunal had to balance personal and professional lives.
Employment: Employers and the Fit for Work scheme
Be careful – the Fit for Work scheme does not absolve the employer from its responsibilities, writes Victoria Duddles.
Employment: Who hears appeals is important
The Employment Appeal Tribunal has shed light on the make-up of internal appeal panels, writes Phil Allen.
Governance: Harassment and injunctions
Wesley O'Brien and Jonathan Moore review a recent example of the court's approach to what amounts to harassment in the context of communications with, and criticism of, local authority members and staff.
Healthcare: Conditional discharge and DoL
An Upper Tribunal judge has handed down a key ruling on conditional discharges and deprivations of liberty that has wider implications. The Court of Protection team at 39 Essex Chambers report.
Healthcare: Producing reports for children proceedings: a practical guide
Jane Bennett outlines some of the areas of focus for healthcare professionals asked to prepare a report for children proceedings.
Housing: Residential service charge challenges
Errors by the court have left a tenant in difficulties in a recent residential service charge challenge, reports Karl Anders.
Housing: Building more 'low-cost' homes
David Cameron has announced proposals to help the Government reach a target of building 200,000 more ‘low-cost’ homes for first-time buyers in the next five years. Charles Felgate discusses what this may mean for developers and local authorities.
Information Law: In theory - local authority data retention
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.
Information Law: Charging ahead under the EIR
Christopher Knight examines this week's key Court of Justice of the European Union ruling on local authorities' ability to charge for providing environmental information.
Licensing: Christmas Day Off-Sales
Professor Roy Light looks at some of the issues raised by restrictions on alcohol off-sales on Christmas Day.
Licensing: The interaction between the planning and licensing regimes
A recent ruling serves as a useful reminder to food and drink retailers not to place undue reliance on the licensing regime to assist in obtaining planning permission, writes Matt Gilks.
Litigation: Vulnerable parties, witnesses and children in the family courts
With a consultation on new rules having just closed, Amanda Johnson and Kate Tompkins provide a useful reminder of the factors to be taken into account when approaching the multiple problems arising from cases involving vulnerable witnesses.
Litigation: A respondent's right to a fair committal application
Toby Huggins sets out some of the key provisions to be borne in mind if committal applications are to succeed.
Management: Shared services: key issues
LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.
Management: An alternative view
Sam McGinty 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: Marine licensing and recovery of cases
Lara Moore examines a new power of recovery for the Secretary of State in relation to some marine licence applications, and the opportunity it brings for local planning authorities.
Planning: The appearance of bias
A High Court judge recently quashed a grant of planning permission on the ground that there was an appearance of bias on the part of a councillor. Simon Goacher examines the ruling.
Planning: Decision makers, development plans and findings
Christopher Lockhart-Mummery QC highlights the key issues arising out of a High Court ruling that quashed the Secretary of State’s dismissal of a developer’s appeal.
Procurement: 2, 4, 6, 8, who do we appreciate? (how do we evaluate?)
Mark Cook looks at the likely impact of much-heralded changes to the use of evaluation criteria.
Procurement: State aid and community transport organisations
A recent European Commission decision about alleged State aid in the form of grants from local authorities to community transport organisations is useful reading for those seeking to rely on the exemption for funding for services of general economic interest. Edward Reynolds reports.
Procurement: Public-public contracts: government guidance
The Government has just issued a procurement policy note on public-public contracts. John Houlden, Stephanie Rickard and Patrick Parkin set out the key points.
Projects: A question of place
Chris Plumley and Alex Tindall look at the nature of council engagement with developers.
Property: Tackling the love activists
Andrew Williams looks at how local authorities can respond when their land or buildings are invaded by groups such as the 'Love Activists'.
Property: Register of Assets - whose land is it anyway?
Kary Withers, Simon Day and Aaron Macauley examine the recently introduced requirement for registered providers to have maintain a register of their assets.
Property: Residential service charge recovery
Steven Eccles reviews two important rulings affecting the recovery of residential service charges by local authorities and housing associations.
Property: ACV appeals and inspector decisions
Christopher Cant looks at the guidance to be gleaned from Assets of Community Value appeals and Planning Inspectors’ decisions.
Transport: When is a highway not a highway?
Thom Wood examines a recent High Court case where a local authority was found to have been negligent in its response to a property search about whether a parcel of land formed part of a public highway.
|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.
|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.