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NEWS HEADLINES

Judge rejects challenge over second homes ban in neighbourhood plan
Cornwall’s decision to hold referendum on St Ives neighbourhood plan, which includes provisions aimed at limiting number of second homes in area, was lawful, High Court judge rules

Borough defeats High Court challenge to grant of permission for basement
Kensington and Chelsea successfully defends High Court challenge over its grant of permission planning for basement

City faces “mammoth task” to balance budget as £49m overspend emerges
Birmingham faces “mammoth task” to balance its 2017/18 budget, Birmingham Independent Improvement Panel warns, after emergence of £49m overspend for current year

Supreme Court finds DWP acted unlawfully in two 'bedroom tax' cases
Government’s introduction of so-called ‘bedroom tax’ or ‘spare room subsidy’ rules was unlawful in two judicial review cases, Supreme Court finds
MUST-READ FOR PROPERTY AND PROJECTS LAWYERS: CPO land referencing
Compulsory purchase order land referencing just got a whole load easier, writes Chris Skinner of nplaw.
Councils hail Court of Appeal ruling on commissioning of HIV treatment PrEP
Local authorities welcome Court of Appeal ruling that NHS England has power to commission HIV treatment PrEP (pre-exposure prophylaxis). NHS England argued that it did not have power to commission drug and that councils should meet cost as it was public health intervention

Whistleblowers in children’s care to get protection when applying for jobs
People applying for roles relating to children’s social care functions in local authorities are to have legal protection to ensure they are not treated unfairly because they have previously made protected disclosures

High Court judge backs school over Ofsted findings on segregation
Judge stops education regulator publishing report that found Islamic school to be inadequate because it segregated girls and boys in what purported to be mixed school

Royal College of Midwives calls off threatened legal action against NHS trust
RCM withdraws its threat of legal action against NHS trust that revealed details of compromise agreement reached with midwife to sever her employment (ON PUBLIC LAW TODAY)
APPLY TODAY: Don't delay, go to Public Law Jobs: SENIOR ROLES: Islington Council is looking for a Director of Law and Governance.
TOP INTERIM JOBS: Head of Legal & Democratic Services (East Anglia), Senior Employment Lawyer (London), Principal Commercial Contracts Solicitor (West Midlands), Planning Lawyer (West Midlands), Principal Planning Lawyer (Home Counties); Commercial Property Solicitor (East of England) and Commercial Property Lawyer (Gloucestershire).
 

MORE NEWS STORIES....

Ombudsman sees 25% rise in complaints about home care for vulnerable
Local Government Ombudsman receives 25% increase in complaints about home care for vulnerable people in England

Warning of potential rise in legal actions as adult care funding gap bites
Number of cases in relation to adult care could rise with local authorities struggling to cope with prospective £1.9bn funding gap, it is claimed

District trebles number sanctioned for planning breaches with new approach
Council claims to have seen number of people sanctioned for breaching planning laws almost treble since it streamlined its approach to enforcement

Campaigners launch second legal challenge over QPR academy project
Group to crowd fund second judicial review challenge over redevelopment by Queen’s Park Rangers football club of community sports ground for its training academy
Objective Connect
MARKETPLACE Kennedy Cater

Housing group to offer £300k contract to legal services provider
Children law specialist Giles joins St Philips
Browne Jacobson bolsters construction team with Cannon hire

Social housing real estate investment trust eyes £250m stockmarket float
First Real Estate Investment Trust to offer “pure play exposure” to social housing, looking to raise £250m through flotation on London Stock Exchange

Developers fail in legal action over permission for recycling facility
Two developers lose their attempt to judicially review county’s grant of planning permission for recycling site

Government Legal Department to set up pro bono network
GLD launches volunteering and pro bono network, to mark National Pro Bono Week

Mencap sets up panel of law firms to help people with learning disabilities
Charity establishes legal panel of experts from five corporate law firms in UK to help tackle issues that people with learning disability and their families face. Move prompted by concern at cuts to legal aid and closures of charitable legal services

See all of our most recent news stories
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Enforcement Appeals - Ivy Legal: A course specifically covering enforcement appeals determined by way of written representations, informal hearing or public inquiry.

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Analysis on Local Government Lawyer

Neighbourhood plans and second homes
A judge has rejected a developer's challenge over provisions in a neighbourhood plan that sought to limit the number of second homes. Mark Lowe QC and Jack Parker report on the ruling.

Time for a review?
Alex Lawrence provides some top tips on how local authorities can go about evaluating the effectiveness of their alternative delivery vehicles.

Top three trends in planning law
How do the key trends in planning law affect local authorities? David Bird and Thomas Ewings consider recent developments.

The power to commission PrEP
A Court of Appeal ruling that NHS England had power to commission the anti-retroviral drug PrEP will be welcomed by councils. Monica Blades-Chase explains the judgment.

Joint employment relationships
With councils increasingly using joint employment contracts, Matthew Gregson considers the lessons to be learned from VAT case law.
 
SEN statements and choice of school
What should happen when parents cannot agree on the choice of school in a statement of Special Educational Needs? Joanne Clement looks at recent guidance from the Upper Tribunal.
 
Experts out of bounds
A recent public law children's case is a reminder of the need to be careful about over-dogmatic experts. The Court of Protection team at 39 Essex Chambers reports.
 
Obvious risks and occupiers' duties

The Court of Appeal recently allowed an appeal by a local authority over an order that it should pay compensation to a claimant injured in a public park. David Williams examines the case.



BLOGS

Air quality judgment and implications for infrastructure projects: by Angus Walker
The second most important legal case of the week has implications for infrastructure projects. (So does the most important one, but we might as well wait for the appeal to the Supreme Court that will be heard on 5-8 December possibly by all 11 justices - there being one vacancy).

Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: CCTV and care packages
The use of CCTV in packages of care in the community represents a serious risk issue for commissioners, providers and care co-ordinators. Hannah Taylor explains the key issues.

Adult Social Services: Private deprivations of liberty
This LexisPSL Local Government article produced in partnership with Tim Spencer-Lane considers the concept of 'private' deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights, involving people who lack the material decision-making capacity.

Children: Radicalisation and state intervention
Tara Vindis examines a recent High Court ruling on parents’ extreme religiously motivated views and whether the state should intervene

Children: Gender variance and care orders
A mother’s determination that a child was “gender variant” did him significant harm, the Family Court has ruled. Rosalind English reports.

Children: When is enough, enough?
Hannah Slarks analyses a recent High Court ruling on runaways and the duty to accommodate under section 20 of the Children Act 1989.

Children: Adoption and family placements
The Court of Appeal recently considered the approach to be taken in determining a child's long-term welfare once the child has become fully settled in a prospective adoptive home and, late in the day, a viable family placement is identified. Laura Briggs reports.

Children: Children, consent and deprivation of liberty
This LexisPSL Local Government article, produced in partnership with Tim Spencer-Lane considers recent court decisions on whether a parent can consent to the confinement of their child which, absent a valid consent, would amount to a deprivation of liberty.

Community Safety: Busy Bodies charter or effective tool?
Bans on hats, lying down in public, car cruisers and skateboarders...what next for Public Space Protection Orders? Kuljit Bhogal reports.

Education: The scrapping of the Education Bill
The Education Secretary's decision to drop proposed legislation that would have seen the academisation of all schools in England mirrors the new Government's approach to devolution, writes Frances Woodhead.

Education: Tackling illegal schools
Councils have been calling for greater powers to tackle illegal schools. Tom Tabori examines some of the issues raised.

Employment: Policing social media
New guidelines have been issued by the Crown Prosecution Service for prosecutors deciding whether or not a criminal offence has been committed by the sending of a communication via social media. Laurie Child reports.

Employment: Unfair dismissal: extension of time
Harmajinder Hayre examines a case involving a school which looked at the issue of time limits on Tribunal claims.

Governance: Council functions and the PSED
A court has for the first time explained how the split between a local authority’s executive functions and full council functions affects the discharge of the public sector equality duty and other procedural obligations.Christopher Knight analyses the judgment.

Governance: Setting up community libraries
A High Court judge recently concluded that a council's decision to set up five community libraries was lawful. James Goudie QC analyses the ruling.

Housing: Long residence "of little consequence"
The Court of Appeal has handed down a ruling that will be welcomed by public sector landlords dealing with possession claims against 'failed successors', and cases involving public law defences based on failure to comply with policy, argue Ranjit Bhose QC and Emma Dring.

Housing: Warrants for possession and suspended possession orders
The Court of Appeal has issued an important ruling on warrants of possession and suspended possession orders. Carys Williams analyses the judgment and sets out the key points for local authorities and social housing landlords.

Housing: Council housing companies – another new build model
With councils beginning to build homes again, Ian Doolittle examines the legal issues arising out of the use of local housing companies.

Information Law: Dransfield revisited
Does the presence of public interest act as a barrier to a refusal of a request for information based on vexatiousness? Robin Hopkins reports on a ruling that should be welcomed by public bodies.

Information Law: Understanding FOI compliance monitoring
The Information Commissioner’s Office recently announced that Trafford Council will be monitored over the timeliness of its responses to freedom of information requests. Jeremy Isaacson, in discussion with LexisPSL Public Law, considers the background to this announcement and the various issues surrounding monitoring.

Licensing: Licensing and Planning
The operation of premises for licensable activities requires both planning and licensing authorisations. There will be overlaps as issues such as noise nuisance may be considered by both planning and licensing committees when deciding whether to grant authorisations and any conditions to be attached. Prof Roy Light explains.

Licensing: Licensing committees
This LexisPSL Local Government article was produced in partnership with Walaiti Rathore of Fraser Browne and sets out the law and practice in relation to the duties and responsibilities of a licensing authority under the Licensing Act 2003.

Litigation: Changes to the rules on civil appeals
Ben Zurawel reviews recent amendments to the rules governing civil appeals.

Litigation: Judicial review: key developments
The LexisPSL Public Law team provides a summary of key developments in judicial review and sets out some important dates for practitioners’ diaries.

Management: Helping to define the client
With Lawyers in Local Government calling for clarification of who local authority solicitors can act for, Crispin Passmore sets out the Solicitors Regulation Authority's view.

Planning: Costs and planning enforcement
The Court of Appeal has dismissed an appeal for costs in legal aid funded planning enforcement proceedings. Saira Kabir Sheikh QC explains why.

Planning: Boundaries of the 'soft touch' approach
A High Court judge has handed down a significant decision marking the boundaries to the 'soft touch' approach adopted to the scrutiny of neighbourhood plans. Mark Lowe QC, Rob Williams and David Lintott report.

Planning: Improving the use of planning conditions?
The Government’s proposed reforms to the use of planning conditions do not go far enough, writes Georgina Reeves.

Planning: A cautionary note on reasons
The Court of Appeal has handed down a significant decision on the standard of reasons required when granting planning permission. Caroline Daly explains the ruling.

Procurement: Procurement challenges and damages as an adequate remedy
Joseph Barrett reports on the courts’ approaches to the lifting of automatic suspensions, following a challenge to the procurement of the UK perinatal mortality project.

Procurement: Procurement and social/environmental criteria
One of the stated objectives of the 2014 EU procurement Directives was to "facilitate a qualitative improvement in the use of public procurement" – that is, ensuring greater consideration for social and environmental criteria. Melanie Pears and Tim Care examine the key provisions and recent guidance.

Procurement: Move over PQQ, here is the SQ!
The Government has issued a selection questionnaire to replace the current pre-qualification questionnaire. Jenny Beresford-Jones sets out the key points for procurement practictioners

Procurement: Dispute settlement and new tender procedures
LexisPSL Public Law analyses a ruling that the Public Sector Directive required a new tendering procedure to be carried out where the parties had made changes to the scope of a public contract, even though they were made pursuant to a settlement aimed at resolving difficulties that had arisen during performance of a complex project.

Projects: Regeneration X: Failed CPOs
The Communities Secretary earlier this month refused to confirm a compulsory purchase order for a key regeneration scheme in London, prompting Southwark Council to announce a judicial review challenge. Simon Ricketts analyses the minister's decision.

Property: Managing property development by local authorities
Clive Read sets out nine practical steps local authorities can take to successfully manage their property development.

Property: Interpreting tenancy agreements
William Dean summarises a recent ruling on the interpretation of tenancy agreements, where one of the parties was a city council.

Property: If in doubt, strip it out
Anna Ralston examines the vexed question of "vacant possession" and analyses the lessons from a recent High Court case.

Regulatory: End of the pier?
Donna Makin and Nicholas Mallen analyse a Supreme Court decision which meant a local authority had to pay a significant amount of compensation over a decision to close a pier.

Transport & Highways: Standards of highway maintenance
This LexisPSL Local Government article, produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.

Transport & Highways: Statutory incompatibility and deemed dedication of highways
Brendon Lee analyses the application of statutory incompatibility to deemed highway dedication following recent developments on such legal principle in a number of village green cases.
 
Name   Description
Governance changes introduced by the Localism Act 2011 This webinar looks at key elements of the Localism Act 2011 as they affect and reform the governance of local authorities, including the General Power of Competence, Standards, community empowerment, elected mayors and assets of community value.
Delegation of Functions What problems can local authorities encounter with their schemes of delegation? And what to do if things go wrong? Matt Hutchings looks at the case law.
Governance for Local Authorities This webinar provides an overview of the governance structures of local authorities, their legal underpinnings and the way that they function in practice.
Brexit, Social Care and Housing This presentation looks at how the status of EEA nationals in the UK will be affected by the relationship the UK finally chooses with the bloc and how this will affect their entitlements to support and housing and the obligations owed by local authorities
How will Brexit affect domestic planning and environmental law? This webinar assesses how planning and environmental law and related areas may be affected by the UK’s exit from the European Union.
How will Brexit affect public procurement and state aid? This presentation looks at the possible effects on Procurement and State Aid law of the UK’s decision to leave the European Union, before, after and during the process of withdrawal.
Local Government Law Update 2016 Recorded in April 2016, 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.
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

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