JOBS OF THE WEEK: Essex Legal Services, the award-winning in-house legal service of Essex County Council, is looking to recruit Projects Lawyers and Property Lawyers (£35,500 to £59,500).
EVENT OF THE WEEK: 12 College Place: Environment and Planning Law Conference, London, 3 October.
Supreme Court agrees to hear key case on intentional homelessness
Issue over relevant time for a council to consider whether an individual's homelessness was intentional
Council and police face multiple claims following child sexual exploitation report
Lawyer says he has been instructed by 15 claimants to issue proceedings against Rotherham and South Yorkshire Police
Nearly half of audited councils "give limited assurance on data protection": ICO
Information Commissioner's Office told six councils that there was "considerable room for improvement", and advised another local authority that immediate action was required
Row over planning permission for lorry park near SSSI heads to Supreme Court
Permission was quashed by High Court judge, but council and developer successfully overturned that ruling at the Court of Appeal
LGO calls for ways to assure redress where its recommendations are not followed
Ombudsman also plans to work more closely with scrutiny functions, such as boards or elected councillors
Equalities watchdog in call for evidence on issues of religion or belief
Despite high-profile legal cases, little is known about how frequently issues arise in practice, says Equality & Human Rights Commission
Greater Manchester authorities to consider region-wide alcohol strategy
Call for licensing powers to be more effective and used consistently
Ombudsman slams failure to give couple personal budget for two years
Delays were "wholly unacceptable" and denied chance of stable family life
APPLY TODAY: There are some great roles on LGL:
INTERIM POSITIONS: There is a wide range of posts available including: Governance Lawyer, Property & Planning Lawyer, Contracts & Procurement Solicitor and Legal Manager - Educational Organisation. To see all roles on LGL, click here.
MORE NEWS STORIES....
MoJ told to pay £180k over "serious failings" in handling of personal information
Department with overarching responsibility for data protection legislation handed monetary penalty over problems with hard drives in prisons
Council ordered to maintain specialist transport service ahead of hearing
Claimant pursues judicial review challenge over decision to withdraw service that he used to get to day centre two days a week
Government property finder tool launched to boose use of 'Right to Contest'
Cabinet Office says right could be used by local authorities as well as individuals and businesses, and lead to release of land
NALC welcomes county plan to hand services to clusters of parishes
County sets aside budget of £900,000 in scope for relevant services
Landlord prosecuted for renting out room only accessible by crawling
Defendant pleaded guilty to failing to comply with order prohibiting occupation of loft
NHS trust ordered to pay £90k over asbestos management failings
Trust found likely to have exposed workers to asbestos material for more than a decade at its three hospitals
See all of our most recent news stories
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New articles on Local Government Lawyer
Appropriation of land and decision-making
Jacqueline Backhaus and Henry Fitch look at the lessons to be learned – in relation to decision-making and the appropriation of land – from a recent High Court case involving a London borough.
Wacky FOI requests – with serious motives?
The latest Local Government Association release on the top ten "wacky FOI requests" has again received widespread media coverage. Jon Baines sees whether it stands up to scrutiny.
Ex tempore judgments - did you know?
A recent speech by Lord Neuberger has highlighted how – following an ex tempore judgment – changes can be made to an approved transcript. Jasmine Murphy looks at the challenges this presents.
The effect of default judgments
An important judgment has clarified the effect of entry of a judgment in default of Acknowledgment of Service or Defence with damages to be assessed. Paul Stagg explains.
Defamation and the “serious harm” test
In a case brought by a housing association and its chief executive against a national newspaper, the High Court has given guidance on the new “serious harm” test for defamation. Cynyr Rhys reports.
Support and the capacity assessment
A recently-published Court of Protection ruling is helpful for capacity assessors as to what is relevant and not relevant when assessing an individual's capacity to make certain decisions. The CoP team at 39 Essex Street look at what it said.
Issues around personal licences and convictions
What do personal licences enquiries and London buses have in common? asks Paddy Whur.
New courses on Local Government Law TV
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|Procurement and state aid
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The latest blogs...
NSIP judicial reviews drag on by Angus Walker
This entry reports on delays to consented (and refused) nationally significant infrastructure projects.
Been away? Features on Local Government Lawyer recently include:
Adult Social Services: The costs of non-compliance
The High Court was left unimpressed recently by a local authority’s failure to file evidence in accordance with deadlines set in family proceedings. The Court of Protection team at 39 Essex Street
review its ruling.
Children: 'Hearing' the child in Family Proceedings
looks at the philosophical, yet important practical, issue of how and when to hear from children themselves.
Employment: Increasing disciplinary sanctions on appeal: can it be done?
Can disciplinary sanctions be increased on appeal? Michael Wright
and Philip Farrar
report on a recent Court of Appeal ruling.
Governance: Preparing for the Data Protection Regulation
Local authorities will need to prepare for the burdens likely to be placed on them by the EU's Data Protection Regulation, write Bhavisha Mistry
and John McDermott
Healthcare: Preparing for the new fundamental standards
considers the key issues and recent changes in relation to the fundamental standards that will apply next year to the health and social care sector.
Housing: Capacity and tenancy agreements
The Court of Protection team at 39 Essex Street
review one of the very few publically available judgments in which the elements of the capacity to enter into a tenancy agreement are considered.
Licensing: Recent appeal decisions under the Licensing Act
There have been a number of interesting appeal decisions under the Licensing Act recently, writes Paddy Whur
Litigation: 'Totally without merit': the Court of Appeal's view
The Court of Appeal has ruled recently on the meaning of 'totally without merit'. Polly Reynolds
Litigation: Weathering the storm
reports on a recent successful appeal which will bring welcome relief to highways authorities forced to suspend their inspection programmes during extreme weather conditions.
Planning: The right amount of affordable housing
How much affordable housing can a local planning authority reasonably require? Hugh Flanagan
reports on the outcome of an important appeal.
Planning: Demolition and implementation of planning permissions
A recent High Court ruling has shown that demolition may not implement a planning permission if you stray too far from the boundaries of that permission, writes Estelle Dehon
Procurement: Award criteria and clarity
examines the lessons from a Supreme Court ruling in a long-running procurement dispute.
Procurement: Recent procurement policy and guidance
examines the latest guidance and policy issued by the Government in relation to procurement.
Projects: Exploring the new state aid exemptions
and Bethan Lloyd
examine how councils can take advantage of the new state aid exemptions for cultural, heritage, sports and infrastructure projects.
Projects: Public sector capital projects - letters of intent
looks at some of the thorny issues raised by the practice of issuing letters of intent for public sector capital projects.
Property: When a business tenancy "ought not" to be renewed
In two recent cases the Court of Appeal has considered the issue of opposition to lease renewals based on a tenant's breach of covenant. Mark Shelton
and Paul Moorcroft
analyse the rulings.
Property: The effect of disclaimer in rating
Can land be neither owned nor occupied for non-domestic rating purposes? That was the question which came up recently before the High Court by way of case stated. Judith Jackson QC
analyses its findings.
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