|TOP OF THE TABLE: Leicester City Council is hiring a Principal Lawyer - Contracts to manage the Commercial legal team. It is also recruiting Qualified Lawyers in Prosecutions, Contracts, Child Care and Adult Social Care. Don't miss out!
There are fantastic opportunities at these councils:
Click here to see all posts.
TOP INTERIM ROLE: Housing Litigation Solicitor (South East London).
DON'T MISS: The 11KBW Community Care Roadshow in Manchester on 29 February, Newcastle on 4 March and London on 9 March. Speakers: Charles Bourne QC, Andrew Sharland, Jonathan Auburn, Tom Cross, Rachel Kamm and Hannah Slarks.
District council defeats judicial review challenge to neighbourhood plan
Council successfully defends judicial review challenge to neighbourhood plan
Business pays out to whistleblower with concerns over public sector project
Construction company ordered to pay £137,000 in compensation to whistleblower who raised concerns over profit margins on public sector construction project
Number of council staff suspended for breaching social media rules rises
Number of UK council workers suspended after being accused of breaking social media rules rose last year, FOI requests suggest
Ex-mayor of Tower Hamlets fails to overturn ban on running for office
Former mayor of Tower Hamlets, Lutfur Rahman, fails to overturn order that bans him for five years from running for office
More devolution deals promised as key legislation receives Royal Assent
Cities and Local Government Devolution Act gains Royal Assent, with ministers promising further devolution deals in addition to seven already agreed across country
Appeal judges rule 'bedroom tax' unlawful for domestic violence victims, disabled children
Government failed to justify discriminatory impact of ‘bedroom tax’/'spare room subsidy' on victims of domestic violence and disabled children, Court of Appeal rules
Greater Manchester Combined Authority set to create data-sharing body
GMCA to consider plan to establish data-sharing authority which it said would “help break down the barriers which stop public services sharing information”
London borough passes motion backing UK exit from European Union
Reportedly the first publicly elected body to back EU exit, council blames “negative impact" of EU directives including agency working time directive and EU procurement rules on its ability to fulfil its obligations
University looks for legal advisers to support development of masterplan
Attorney General names 30 barristers to London C Panel
Philip Kolvin QC appointed board member of sports grounds safety body
Hill Dickinson boosts healthcare team with ex-head of public sector legal at PwC
Law firm advises Viridor on 25-year waste contract with four Welsh councils
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MORE NEWS STORIES....
District eyes legal action after Clark backs 1,325 dwellings on two sites
Local authority to seek legal advice on potential for High Court challenge after Communities Secretary grants planning permission for 1,325 dwellings on two sites
Communities Secretary set to hand back limited powers to Rotherham
Greg Clark sets out plans to return responsibility for running of limited number of services to Rotherham Council
North Tyneside voters to decide between elected mayor and committees
Voters in North Tyneside to be asked this May if they want council to continue to be run by elected mayor or move to a committee system
ON PUBLIC LAW TODAY
Trial of NHS trust on charge of corporate manslaughter halted
Judge stops landmark trial of NHS trust on charge of corporate manslaughter, saying it would be "unsafe and unfair" to go on
Supreme Court grants mentally ill man anonymity in civil proceedings
Judges overturn rulings from lower courts and grant anonymity in civil proceedings to mentally ill man who in 1997 murdered his e-partner and her lover
School ordered to pay £140k in fines and costs after pupil paralysed when swing collapsed
NHS Litigation Authority ordered to pay £55k after 82-year-old man fell to death at health centre
See all of our most recent news stories
TOP INTERIM ROLES: Commercial Property Solicitor (London), Senior Contracts Lawyer (Kent), Adult Social Care Lawyer (Cornwall), Employment Lawyer (West Midlands) and Adult Social Services Lawyer (Sussex).
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New articles on Local Government Lawyer
Wearing the veil in schools
The debate on the wearing of the veil in school continues, with the head of Ofsted the latest to weigh in. Clive Sheldon QC looks at the legal background.
Section 20 of the Children Act 1989 – local authority duties
LexisPSL Local Government and Claire Cousin outline a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989, identifying the challenges a local authority may face including parental consent and capacity.
Sweating your assets
How can local authorities get more from their assets without selling off the family silver? Owen Willcox explains.
The revised consultation principles
The Cabinet Office has issued a revised set of consultation principles. Stuart Thomson looks at the key changes.
Devolution revolution or a poisoned chalice with catchy names? Simon Goacher analyses the Government's reform of local government.
The ESPD: what do you need to do?
The European Single Procurement Document came into force from 26 January 2016. Ruth Smith explains what it entails and the issues that remain unresolved.
Drafting enforcement notices
The High Court recently quashed an inspector’s decision to uphold an enforcement notice relating to the disposal of waste. Jack Parker explains the importance of the ruling.
Capacity at the limits
A Court of Protection judge recently had to rule on whether a woman had capacity to decide whether or not to accept life-saving renal dialysis. The CoP team at 39 Essex Chambers examine the judgment. (On Public Law Today)
Environmental damage: What does this really mean?
For the first time, the High Court has considered in detail the scope of the concept of "environmental damage" under the Environmental Liability Directive and its associated regulations. Emma Duffy and Rebecca Roffe report on the outcome.
The latest blogs...
Housing and Planning Bill debated in the Lords - by Angus Walker
The Housing and Planning Bill has had its second reading in the House of Lords, having completed its passage through the House of Commons.
DCO granted for Hinkley transmission line
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Constrained choice can be true choice
The Upper Tribunal has recently considered whether the threat of recall to hospital from the community meant that the patient’s consent was not free and therefore invalid. The Court of Protection team at 39 Essex Chambers
analyse the outcome.
Adult Social Services: So that was 2015
Alex Ruck Keene
provides a mini-review of developments in relation to mental capacity.
Adult Social Services: Best interests analyses and capacity assessments
Mr Justice Mostyn has reminded fellow judges that, when dealing with a patient whose treatment decisions will be handled under the Mental Capacity Act 2005, the wishes and feelings of that patient should be confined to the best interests analysis. Richard Jolly
, Tony Yeaman
and Beth Buchanan r
Children: Problems with a fact-finding hearing
The Court of Protection team at 39 Essex Chambers
look at the lessons from a Court of Appeal ruling that a judge’s fact-finding exercise was fatally flawed.
Children: Immigration age assessments and Merton
The Court of Appeal has recently considered issues raised by immigration age assessments and the Merton
guidance. Matt Donmall
Education: Loans and students not settled in UK
reports on the latest instalment in a long-running tale about students who are not eligible for student loans because of their immigration status. (ON PUBLIC LAW TODAY)
Education: Unauthorised absence from school
What happens if a parent refuses to pay a penalty notice for their children's unauthorised absence from school? The LexisPSL Local Government
team sets out the key points.
Education: SEN funding comparison costs
and Ken Slade
analyse a recent Upper Tribunal decision intended to bring clarity to SEN funding comparison costs cases.
Employment: On message?
The European Court of Human Rights has found that an employer was entitled to access an employee’s private Yahoo! messages (and to sack him). Robin Hopkins
analyses what the ruling means in practice.
Employment: TUPE and tasks of short-term duration
The EAT has provided guidance on whether post-transfer events can be taken into account when deciding whether to apply the exemption from the TUPE Regulations for tasks of "short-term duration". Anne Palmer
Employment: Back to work
The Government has modified its approach to the recovery of public sector exit payments. Allison Cook
Governance: 15 years of the Human Rights Act
Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC
talks to LexisNexis
about the past, present and future.
Healthcare: When medical treatment becomes a crime
A recent case highlighted the rare circumstances in which a doctor can be convicted of gross negligence manslaughter. Majid Hassan
, Joanna Bower
and Ed Mellor
consider the criteria needed to establish this offence. (ON PUBLIC LAW TODAY)
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.
Housing: Homelessness: the elderly and vulnerable adults
LexisPSL Local Government
and Elizabeth England
set out the duties owed by local authorities to those presenting as homeless, and the particular issues that affect elderly and vulnerable adults.
Housing: A chink in the armour
A High Court judge has ruled that the Government's benefits cap unlawfully discriminated against disabled people by failing to exempt their carers. Alexander Campbell
reports on the judgment.
Information Law: The New EU Data Protection Regulation
The introduction of a new EU Data Protection Regulation has moved a significant step closer. Ibrahim Hasan
highlights the key points.
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.
Licensing: Exempt lotteries and deregulation
The long-awaited relaxation of rules on exempt lotteries has finally been announced, writes Anna Mathias
Licensing: Shadow licences – a cause for concern or not?
considers the law on so-called “shadow licences” under the Licensing Act 2003.
Licensing: The impact of cumulative impact
Philip Kolvin QC
reports on two recent licensing cases concerning the application of cumulative impact policies.
Litigation: Early neutral evaluation
Changes to civil procedure rules mean greater use could be made of Early Neutral Evaluation, writes Marie-Claire O'Hara
Litigation: When experts go wrong
and Michael Fallow
report on a sorry tale from the Technology and Construction Court about when being an expert goes horribly wrong.
Litigation: Part 36 offers
The High Court has issued what is thought to be the first ruling on whether a Part 36 offer was a genuine attempt to settle. Andrew Cousins
reviews the outcome of an age assessment case involving a local authority.
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.
Planning: The trials and tribulations of planning challenges
and Sara Wex
look at planning statutory reviews and how they differ from judicial reviews
Planning: What is a tree?
A recent Court of Appeal case concerned a tree replacement notice issued by a local planning authority. Martin Goodall
examines the outcome.
Planning: Tales from the tavern
The owner of a tavern lost a challenge against a planning inspector's approval for a block of flats neighbouring her premises which it was claimed might put her out of business. John Gaunt
Procurement: Conflicts of interest and procurements
A Court of Justice of the European Union ruling provides local authorities with some useful hints and tips for dealing with any conflicts that arise in their own procurement exercises. Carroll Dodd
Procurement: Automatic suspension hearings
Has the bar been raised slightly higher for challengers to maintain an automatic suspension? Chris Jackson
and Richard Binns
Projects: State aid - beware compound interest!
A recent case from the European Court of Justice (CJEU) serves as a useful reminder of the risks of getting state aid wrong and the consequences of a recovery order, writes Robert Prater
Projects: Comparing project management methodologies
LexisPSL Public Law
and Andy Cooke
of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile.
Property: Public law defences and sales of land
explores the availability of public law defences and promissory estoppel in the context of a contract for the sale of land.
Property: Breaking point
The Supreme Court has put an end to the confusion over break clauses, apportionment and implying contractual terms. Martin McKeague
and Emma Porritt
look at the key lessons from the ruling.
Regulatory: High stakes
Significantly higher fines could be imposed for health and safety offences under new guidelines from the Sentencing Council. Helen Devery
looks at the likely impact on local authorities and their employees.
Transport: TfL and roads in the capital
A High Court judge has ruled on a dispute over the extent of Transport for London’s interests in London’s roads. Charles Banner
reports on the outcome.
|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.