Local Government Lawyer
Editor's blog: Rules of engagement

It is a promising sign that the Solicitors Regulation Authority has invited local authority lawyers to provide advice as part of its long-awaited and much-needed review of the in-house practice rules. But how quickly will we see reform? Read more...


Apply today: The closing date for this planning lawyer role at South Cambridgeshire is fast approaching (14 September).  Essex County Council and Derbyshire Dales are also hiring. Or how about this Head of LItigation post or this and other roles at a university

Are you a Director of Law or Head of Legal? Local Government Lawyer is conducting a Management Survey in association with Kennedy Cater. It would be great if you could complete the survey here - it should take no more than 10-15 minutes.

Did you know: Local Government Lawyer gets on average more than 16,000 unique visitors a month. We also have 3,200-plus subscribers to the newsletter. Thanks for your continued support and keep spreading the word!
 


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Updated courses:
Competitive DialogueLocal Authority Joint VenturesShared Services after LAMLState Aid and Staff Mutuals

Summer sale ends soon: Get 60% off the cost of courses and don't forget that your first course is free! 12 months unlimited access is just £199 + VAT. Click here to see the full catalogue.


News headlines

ProjectsOutsourcing flaws see council hit with record ICO fine for local government Pension records found in over-filled recycling bank. ICO says failure to put in place appropriate guarantees when contracting out destruction of documents containing confidential information lead to £250k penalty.

SRA brings local authority lawyers on board for in-house practice rules review Various members of SLG and ACSeS to provide advice and research on rule 4 of Practice Rules Framework

Outsourcing joint venture sues founder council in savings row Legal proceedings launched after mediation fails to resolve dispute over payments for procurement savings 

Two councils shortlisted for Law Society practice management award Kent's Wild also nominated for Solicitor of the Year (in-house). See also: Financial Times shortlists Wild for two innovation awards

SOLACE latest to express concern over safeguarding guidance Fears over narrow focus on local authorities and social workers

Ministers publish draft legislation for family justice reforms Implements key changes such as introduction of 26-week time limit for completion of care and supervision proceedings

Government trains sights on s. 106 agreements, could strip poor-performing councils of planning powers Stimulus package includes proposal for legislation to be brought in allowing applications to be decided by Planning Inspectorate where council has a "track record of consistently poor performance"

LGA anger over proposal to relax planning rules for broadband rollout Association accuses ministers of "riding roughshod" over planning protections with intention to allow broadband street cabinets to be installed without need for prior approval and without any conditions

Licensing authorities still lukewarm about implementing late night levy and EMROs Research suggests slight increase in authorities likely to put early morning restriction orders in place

Ministers plan dramatic cut in health and safety inspections by councils Deregulation exempting thousands of businesses from regular inspections welcomed by business groups but attacked by unions 

Trading standards team secures ASBO against rogue builder Trader is first in county to be subject to order after proceedings brought by council team

Medway set to become latest to withdraw from national pay bargaining Council rejects union claim that move will lead to pay cuts for staff

Freeth Cartwright hires Holden to lead local government practice 

Council in £50k+ payout after delay in meeting needs of disabled man 

See all of our most recent news stories


New articles on Local Government Lawyer

NoonOn the waterfront
Areas of contract law such as "proceed with due diligence", "reasonable endeavours to procure", repudiatory breach and affirmation were all covered in one recent case. Mark Alsop analyses the dispute.

Watch your step
The new regime for judicial approval for local authority surveillance will start this November. Ibrahim Hasan sets out what is involved.

Decision tree
Andrew Plunkett reviews two important tree root subsidence cases that considered the issue of reasonable foreseeability.  

The evolution of the Criminal Procedures Rules
James Hutchon considers some recent points for local government lawyers on criminal procedure and practice, in particular in relation to case management.

Slot machine
A case before the Employment Appeal Tribunal involving a NHS trust has highlighted again the importance of employers following their own procedures when reorganising, writes Phil Allen.

Moving into shared property
Phil Lawrence outlines some of the key issues to be considered when public sector organisations share sites.

The 'May' trap
Michael Fahy and Laura Tanguay consider a Court of Appeal decision on personal service and 'permissive' drafting.

Representation of the people
Andy Woods looks at the increasing number of representations made against betting premises licence applications and queries whether many of the representations are in fact invalid.
 


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St PhilipsConsumer Protection from Unfair Trading The aim of this course is to explain the meaning and ambit of the key concepts of the Consumer Protection from Unfair Trading Regulations to enable prosecutors to consider potential prosecutions more efficiently.

WeightmansIntroduction to Procurement Law Public procurement is a fast evolving field of law with compliance issues and legal risk. This session provides an overview of the EU procurement regime, with an analysis of why claims succeed, looking at risk hotspots and emerging themes and developments

Blake LapthornIP Issues, Branding and Local Government What is branding and how is it relevant to local authorities? This webinar explains the different types of protection available, and gives practical solutions to common issues encountered by local authorities.

Walker MorrisState Aid and Staff Mutuals This webinar focuses on issues arising from the policy move by the government to encourage the formation of staff mutuals by public sector employees to take over the running of services from their employers.

St PhilipsChildren's Rights and Decision-making Many childcare cases fall outside the purview of the Children Act 1989, leaving little guidance on best interests and participation. Increasingly filling this void is the United Nations Convention on the Rights of the Child.

HardwickeThe Localism Act 2011 and Housing: Homelessness With the ever-increasing push for better performance and productivity the need for teams to be effective and have the ability to work well together is vital.

EnCentreThe Löfstedt Review of Health and Safety Towards the end of 2011 the Government published the findings of an independent review into the burdens on business caused by the regulation of health and safety. This presentation provides an analysis of the review and its findings.

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The latest blogs...

Secretary of State decides first infrastructure project as regime review signalled by Angus Walker
This entry reports on the first decision by a Secretary of State on a Planning Act project and a statement from Eric Pickles indicating changes to be made to the regime. 

Snap judgement: Is your authority likely to increase its use of ADR in the foreseeable future?
  • Yes, as much as possible - 6%
  •  
  • Yes, but only in limited cases - 25%
  • No, we're not familiar with the process - 25%
  • No, public bodies should conduct their business in public - 12%
  • No, the other side usually want their day in court - 32%
Click here to vote now


And some you may have missed....

Adult Social Services: Safety net The Court of Protection team at 39 Essex Street report on an important High Court case that considered a forced marriage involving an incapacitated British woman.

Children's Services: Abuse in care cases and withdrawal of legal aid More people are taking action over abuse in care ahead of the withdrawal of legal aid in 2013, writes Tony Hall

Community Safety: Tackling problem premises Paddy Whur provides a practical example of the use of the summary expedited review to tackle problem premises.

Employment: Check mate Juli Lau looks at how to draft contractual provisions requiring service providers to obtain CRB checks.  

Governance: Commercial prejudice and redaction An Upper Tribunal ruling serves as a reminder that organisations seeking to rely on the commercial prejudice exemption under FOIA must be as precise as possible, writes Robin Hopkins.

Housing: Altered images Can landlords be held liable for defects in a property created by tenant damage or alterations? Sian Evans analyses a recent High Court ruling.

Licensing: Partnership is still the key Andy Woods looks at a couple of recent cases and reminds both the trade and the responsible authorities that the partnership approach remains the key ingredient for promoting the licensing objectives under the Licensing Act 2003.

Litigation: Steel yourselves Paul Verrico sets out the lessons to be learned by local authorities from the prosecution of Lion Steel, which was recently convicted of corporate manslaughter.

Planning: Referred pain Justine Thornton examines why our judges appear so reluctant to refer environmental cases to the European Court. 

Procurement: The European Dynamics effect What did European Dynamics ever do for us? Helen Prandy sets out ten lessons in procurement basics.

Projects: A coach and Aarhus through the planning system David Hart QC reviews two challenges before the Aarhus Compliance Committee on the operation of the planning system and third party rights.

Property: Tooth and claw A business rate liability case of considerable public interest involving the Public Safety Charitable Trust is on its way to the High Court. Virginia Lloyd charts its progress. 

Regulatory: Selective approach The Court of Appeal has ruled that there should be "severe" sentences for Selective Licensing offences, but no confiscation under proceeds of crime legislation. Matthew Paul analyses the case.


 

Jobs of the week

Essex Legal Services
Lawyers
£46,000 - £69,100. Essex County Council is looking for two high calibre lawyers to join its Corporate Law and Governance team.


Assistant Solicitor
£32,800-£36,313 (pro rata). Derbyshire Dales DC is looking for an enthusiastic and capable Solicitor or Barrister with at least two years' pqe to deal with legal matters across the whole of the council's core services.


Planning Lawyer
£31,348 - £37,207. South Cambridgeshire DC is looking for a Planning Lawyer with the enthusiasm and ability to manage an extensive planning advice caseload. DEADLINE: 14 SEPTEMBER


Head of Litigation
A truly exceptional opportunity has arisen to lead the in-house legal function of a highly respected public sector body.

Senior Litigation & Employment Lawyer
A local authority in the East Midlands is recruiting a Senior Litigation & Employment Lawyer for an ongoing contract expected to be for a minimum of three months. 

Public Sector Employment Solicitor
Our clients in central London are looking to recruit an experienced Public Sector Employment Solicitor on a contractual basis. 

Commercial Contracts Lawyer
A Commercial Contracts Lawyer is required to join a public sector organisation based in the South West. 

Local Government Solicitor
A local authority in the North West is looking for a local government solicitor with an all round background. 

Senior Legal Services Officer and other roles
Bournemouth University is recruiting a Senior Legal Services Officer and Company Secretary, a Projects Lawyer and a Legal Services Officer on a permanent basis.

Other featured jobs

Employment Lawyer
A local authority in the East Midlands is seeking an experienced Employment Lawyer to head up its employment team on an ongoing basis. 

Contracts & Property Locum
This highly regarded public sector organisation has a requirement for an experienced solicitor to join its legal team for a period of at least six months. 

Housing Solicitor
A housing association in the North West is recruiting a Housing Lawyer on a locum basis.

Childcare Lawyer
A well respected local authority in London requires a Childcare Lawyer to join its team for a six-month period. 

Commercial Contracts Lawyer
A new position has become available in Kent for a Commercial Contracts Lawyer. 

Planning Solicitor
A local authority in London is looking to hire a Planning Lawyer for its legal services team. 

Childcare Advocate
An interesting opportunity has arisen for a Childcare Advocate to join a South London borough. 

Criminal Regulatory Lawyer
A public lawyer with either a criminal or regulatory background is required for a part-time, ongoing locum assignment. 

Childcare Locum
An excellent opportunity for a Childcare Locum to join a large local authority in East Anglia. 

Adult Social Services Lawyer
A fantastic opportunity has arisen for an Adult Social Services Lawyer to join a local authority based in London.

Litigation Paralegal
A local authority in East Anglia is recruiting a Litigation Paralegal for at least six months, with possibility of extension. 

Childcare Solicitor
A reputable firm in the Kent area is looking for a Childcare Solicitor with previous experience either in a local authority or in private practice. 

Search all jobs 
 



Featured courses and events

Employment Law Update - Jordans

Local Authority Conference 2012 - 11KBW
London - 18 September
Leeds - 2 October


Housing Allocations and Homelessness - Jordans
London - 30 November
Leeds - 27 November
Birmingham - 29 November
Manchester - 28 November

Supporting Young People: Local Authorities and Part III of the Children Act 1989 - Field Court - 27 September


Education Admissions - LGG - 19 September

Evidence in Child Abuse Cases Conference 2012 - Family Law - 20 September

Land ownership issues between academies and local authorities - 4-5 Gray's Inn Square - 26 September

Planning Law Conference 2012 - 4-5 Gray's Inn Square - 1 October

Children Law and Practice Conference 2012 - Family Law - 4 October

Annual Mental Health Law Conference - RadcliffesLeBrasseur - 4 October

Advocacy Skills for Family Lawyers - Family Law - 12 October

Court of Protection Practice and Procedure 2012 - Jordans - 15 October

Search all courses and events




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