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Public Procurement: Shaping the EU Rules into Highly Developed Advice for Clients

JOBS OF THE WEEK: Sheffield City Council has a range of fantastic jobs: Commercial Lawyer x 2; Community Care (Adults) Lawyer x 2; Childcare Lawyer; and Civil Litigation Lawyer.

Also hiring this week:

NEWS HEADLINES

High Court judge quashes planning permission over appearance of bias
Judge quashes grant of outline planning permission for 35-dwelling residential development in Wiltshire over appearance of bias, with councillor involved in decision also a director of housing association

Uber taxi app "lawful", High Court declares
Smartphone apps which use GPS technology and connect to external servers for the calculation of fares comply with the law which prohibits taximeters in private hire vehicles in London, High Court says

Council cleared over purchase of property by chief executive from development partner
There was no evidence that local authority acted improperly when its chief executive bought property from development partner, independent review concludes

Dorset consults on future delivery of legal and other support services
County council launches consultation on four options for future delivery of legal and other core support services as it searches for further savings
 
Councils mull deleting senior legal role, conduct review of legal team
Two councils in Worcestershire to consider proposals for further senior management integration that would see senior legal post deleted

Bevan Brittan wins £10m contract to advise North East public bodies
Law firm appointed as sole provider for contract worth £7-10m over four years for providing legal advice to public bodies in the North East

Family taps crowd funding to bring judicial review over school allocation
Family uses crowd funding to help them bring judicial review challenge over county council’s decision to allocate their daughter a place at a primary school 25-35 minutes away by car, despite mother's disability

Magistrates throw out local authority prosecution over term-time holidays
Magistrates reject council’s attempts to enforce fine on parent who took his daughter on holiday in term-time

THE LEGAL DEPARTMENT OF THE FUTURE PROJECT: We are conducting a survey of public sector lawyers looking at how changes to the structure of legal teams are affecting their career and development prospects and their morale and attitudes in general. It also aims to identify steps employers can take to address any concerns that emerge. Please complete the survey here: https://www.surveymonkey.com/r/ldofAll participants will be entered into a draw to win £100 of John Lewis vouchers in time for Christmas. Questions are not compulsory and the results will be published only in aggregated and anonymised form.
 




Eversheds names Rolant Jones as new head of local government
Public law specialist Glenister joins Landmark Chambers
Law firm advises West Sussex on first council-owned solar farm in county

LOCUM JOB OF THE WEEK: Interim Director of Governance (East London).

APPLY TODAY: You have just a few days left for these great roles: Click here to see all posts and here to sign up to our job alert.
MORE NEWS STORIES....

Landlord ordered to pay £425k after converting flats without permission

London Borough of Lambeth secures £382,000 confiscation order against landlord who converted property into flats without planning permission

Campaign group led by consultants in legal action over hospital downgrade
Campaigners led by staff members issue formal legal proceedings in bid to challenge plans that could downgrade local hospital in Greater Manchester

Put in place Local Plans by 2017 or face intervention, PM tells councils
Councils must produce local plans for new homes in their area by 2017 or the Government "will ensure plans are produced for them", David Cameron says

New good practice guidance issued on conducting lawful age assessments
Guidance published aimed at assisting frontline social workers in conducting age assessments of unaccompanied children seeking asylum in the UK

Cafcass sees care applications rise 10% in first half of 2015/16
Number of care applications received in first half of 2015/16 more than 10% higher than for equivalent period in the previous year, Cafcass reports

Commission on Freedom of Information issues call for evidence
The Independent Commission on Freedom of Information issues call for evidence, including on whether controls are needed to reduce burden of FOI on public authorities

Taxi drivers win permission for judicial review over cycling superhighway
High Court judge gives Licensed Taxi Driver Association permission to bring judicial review challenge in relation to construction of East-West Cycle Superhighway by Transport for London

See all of our most recent news stories
INTERIM ROLES: Senior Commercial Property Lawyer (Cambridgeshire), Housing Litigation Lawyer (West Midlands), Freedom of Information Lawyer (North West) and Employment and Contracts Lawyer (London).

KEY EVENTS FEATURED SUPPLIER: Lextox Drug and Alcohol Testing is a specialist hair drug and alcohol testing laboratory established by experts to provide the most reliable results, and most responsive, customer oriented service to family law solicitors and child care proceedings.
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New articles on Local Government Lawyer

Rallying to the cause
James Maurici QC reports on the High Court's judgment in the M-Sport world rallying facility noise judicial review.
 
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'.
 
Instructing lawyers effectively
Helen Edwards looks at how public sector managers can ensure their organisation’s legal instructions are effective.
 
Relying on Recital 4
Can contracting authorities rely on Recital 4 of the Directive 2014/24 to award contracts without running a procurement exercise? Mannah Begum examines the issues.
 
How far is too far?
A district judge recently refused to grant an order authorising a deprivation of liberty in a current placement. The Court of Protection team at 39 Essex Chambers examine why.
 
Vilification and patient information
The President of the Family Division has ruled that a ‘vilified’ doctor could not publish a patient’s private information contained in documents that were part of family court and fitness to practice proceedings. Robin Hopkins considers the judgment.
 
TUPE and cessations of work
Does TUPE apply where employees’ work has temporarily ceased or reduced before the transfer? Phil Allen reports on a recent EAT ruling.
 
Coventry v Lawrence: a considered view
Hayley Moore looks at the lessons to be learned in the aftermath of the Supreme Court's costs ruling in Coventry v Lawrence.


The latest blogs...
Summary of Planning and CPO measures in the Housing and Planning Bill by Angus Walker
This entry is a clause-by-clause summary of the planning and compulsory purchase provisions of the Housing and Planning Bill.

NSIP pipeline still dry but changes abound

Hundreds of unrelated houses to be allowed in NSIP applications
BOOK REVIEWS
Want to be a book reviewer? Local Government Lawyer is soon to launch a new online bookstore and we are 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 derek.bedlow@localgovernmentlawyer.co.uk or 0207 239 4917 with details of your areas of interest.
Been away? Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: The role of supervisory bodies
Are supervisory bodies meant to be detached authorisers or proactive investigators? The Court of Protection team at 39 Essex Chambers analyse a recent ruling on the issue.

Adult Social Services: Deprivations of liberty and the streamlined procedure: the latest
Is the stream-lined procedure for dealing with certain deprivation of liberty cases back on track? Nicholas O'Brien analyses a recent ruling by the Vice-President of the Court of Protection.

Children: Cases of Fabricated or Induced Illness
Kate Grieve provides a guide to cases involving Fabricated or Induced Illness (FII) and the many factors to be considered and analysed by practitioners, experts and judges in these complex proceedings.

Children: Does Article 8 survive adoption?
Do natural parents have post-adoption Article 8 rights? Keith Hollis reports on a recent Family Division ruling.

Children: 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.

Education: Trojan Horse and the use of banning powers
The Department for Education has used its banning powers for the first time in a case arising out of the 'Trojan Horse' affair. Keri Tayler analyses the decision.

Education: Sexual harassment and universities
What are universities' legal obligations when it comes to tackling sexual harassment on campus? Holly Stout reports. (on Public Law Today) 

Employment: Ill health and TUPE transfers
A recent Employment Appeal Tribunal ruling indicates that employees absent due to ill health might not TUPE transfer, writes Phil Allen.

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.

Governance: Protecting the reputation of the council
Athelstane Aamodt considers attempts by local authorities to protect their reputation and analyses a recent European Court of Human Rights ruling.

Governance: Game of Mayors
Paul Feild analyses how accountability and standards can be upheld as the Government promotes power-house “regionalocalism”.

Healthcare: Section 49 reports – the thorny issues
Alex Ruck Keene considers some of the issues arising out of the responsibilities to provide s. 49 Mental Capacity Act reports.

Healthcare: Conditional discharge and deprivation of Liberty – sanity prevails
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: Imposing conditions on selective licences
The Upper Tribunal has made some significant clarifications to the scope of conditions that can be imposed on selective licences. Matthew Paul sets out the key conclusions.
 
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.

Housing: Residential service charge challenges: Court or Tribunal?
Errors by the court have left a tenant in difficulties in a recent residential service charge challenge, reports Karl Anders.

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.

Information Law: Commercial interests and FOIA
When it comes to commercial interests, where does the balance lie under the Freedom of Information Act? Helen Prandy looks at a recent First-Tier Tribunal ruling.

Licensing: Local policy making under the Licensing Act
Paddy Whur looks at localised issues such as the length of time allowed at hearings, applicants and authorities not being allowed to ‘finesse’ applications, and Cumulative Impact Polices.

Litigation: Litigation capacity – what to do (and not to do)
A recent Court of Appeal child care case has emphasised the need for robust capacity assessments where mental capacity is in doubt. The Court of Protection team at 39 Essex Chambers reports.

Litigation: Responsibility for floodlights
Elizabeth Bower examines a judge’s rejection of a personal injury claimant’s contention that two councils had a duty to maintain a floodlight under a bridge.

Litigation: 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

Management: Reviewing legal services expenditure
Helen Edwards looks at the steps public sector bodies can take to get the most out of their spend on legal services.

Planning: Challenges to neighbourhood plans
What implications do recent legal challenges have for neighbourhood planning? Hereward Phillpot QC explains.

Planning: Tackling unviable statutory ports and harbours
Lara Moore examines the difficulties for councils in running unviable statutory ports and harbours and a recent Department for Transport consultation on harbour closure orders.

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 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.

Procurement: Errors in EU procurement
A recent investigation identified widespread errors in EU procurement. Ian Tucker considers the consequences, including the prospect of funds being withdrawn. 

Procurement: Procurement challenges - a step change?
The fast moving pace of procurement litigation continues with a key ruling in a case where the Court adjusted the scores from an evaluation process, leading to a different result, writes David Hansom.

Procurement: Procurement reform and social landlords
David Baybut examines the key changes for social landlords arising out of the new procurement rules and the attraction of joining frameworks. (on Public Law Today) 

Projects: The slow burn of PF2
Tiffany Cloynes looks at the take-up of PF2 and its use in the education sector in particular.

Projects: PFI ‘good faith’ obligations under scrutiny
The Technology and Construction Court has recently issued a ruling on a 'good faith' obligation contained in a PFI contract where a local authority was one of the parties. Leah Horn examines the judgment.

Property: Time to reconsider the asset register
A High Court judge recently considered whether a council had undertaken the appropriation process correctly. Antonia Murillo reports on the outcome.

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: Top 3 property litigation Q&As
The LexisPSL Local Government service regularly publishes Q&As on property litigation. Here are three of the most popular.

Property: When is 'enough' legally enough?
John Pugh-Smith looks at the application of s.9 of the Limitation Act 1980 to a belated High Court claim to force a local authority to refer a compulsory purchase compensation dispute to the Upper Tribunal.

Property: Listed building prosecutions: a practical guide
Jack Smyth sets out the pitfalls that local planning authorities should avoid when bringing listed building prosecutions.

Transport: 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.
Name Price (ex-VAT)   Description
Implementing the Care Act: Legal issues for local authoritie £25.00 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 £25.00 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 £25.00 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 £25.00 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.
Procurement Masterclass - The Tyranny of the "Sausage Machine" £25.00 Michael Bowsher QC provides a personal view of some of the problems that the process-focused approach to public procurement is creating, and suggests some ways that lawyers can help achieve some of the social benefits it was intended to provide.
The New Governance Landscape £25.00 This presentation looks at how local authority lawyers can accomodate rapidly changing local government structures and delivery models against a legislative backdrop designed for another era.

Oxford City Council


Sheffield City Council

Sheffield City Council
Commercial Lawyer x 2
Community Care (Adults) Lawyer x 2
Childcare Lawyer
Civil Litigation Lawyer

Rotherham Council

Rotherham Council
Assistant Director Legal Services and Monitoring Officer

Kent CC

Solicitor/Barrister - Social Services

Isle of Wight

Isle of Wight Council
Lawyer - Crime/Regulatory

Borough of Poole
Borough of Poole
Legal Services Team Leader (Adult and Children Social Care)
Tower Hamlets Council

Tower Hamlets Council
Information Governance Officer

Stockport MBC

Stockport Council
Social Care Lawyer



London Borough of Southwark
Planning Lawyer

Surrey County Council

Surrey County Council
Paralegal - Trading Standards

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Jobs of the week

Right to Buy Lawyer/Legal Officer (London)

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Housing Solicitor (Berkshire)

Childcare Solicitor (East Midlands)

Legal Advisor - Higher Education (South West)

Social Housing Property Lawyer - permanent (South West)

Contracts Legal Manager - educational establishment (South East)

Contracts & Procurement Solicitor (London)

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