Local government legal jobs, news, analysis and events.
Average monthly readership: 33,596. Newsletter CIrculation: 5,082.
Local Government Lawyer

MAKE YOUR MOVE: Join one of London’s most diverse and historically important boroughs at an exciting time - Tower Hamlets is hiring: Head of Commercial and Contracts (to £76,584), Principal Lawyers in Safeguarding - Adults, Safeguarding - Children and Enforcement (all to £64,422), Senior Lawyers in Safeguarding - Adults, Property & Regeneration, Planning, Enforcement, Contracts, Civil Litigation and Safeguarding - Children (all to £48,237), a Practice Manager (to £53,112) and a Practice Officer (to £31,764).
 
JUST IN: For these and other great roles go to Public Law Jobs:

NEWS STORIES
 
Church appeals court orders demolition of nursery whose construction was funded by council
Arches Court of Canterbury rules that nursery funded by London borough and built in 2013 must be demolished because it was built on consecrated ground with graves present; council's behaviour was seen as "reckless" but "just short of contumacious"

President of Family Division to produce guidance on applications for reporting restrictions orders
During hearing of journalist's successful appeal against an order, Sir Andrew McFarlane says he will draw up guidance on how applications about reporting restriction orders should be determined

Council pays damages to settle claims over eviction of pro-life charity from country show
London borough agrees to pay Life £5,000 to settle claims arising from removal of charity's stall from 2018 country show; council also apologises and undertakes not to repeat statements made on Twitter

Former taxi driver fined for failing to disclose prior convictions and revocation of licence
Former taxi driver pleads guilty to four offences of knowingly or recklessly making false statement or omitting material in application to council’s licensing team

Court of Appeal agrees to hear ‘second succession’ case
Court of Appeal gives permission for appeal in case over whether rules governing right to take over social housing tenancy when former tenant dies discriminate unlawfully between widows and divorcees contrary to Article 14 in conjunction with Article 8 ECHR; claimant arguing that High Court judge had been wrong to conclude that he had no status for purposes of Article 14, and did not properly consider the issues of legitimate aim and justification

Heirs of donor of land win Court of Appeal battle over proceeds from site sale
Heirs of donor who gave land for primary school more than 100 years win appeal over whether county council owes them money after disposing of sites and opening new school elsewhere; case concerned two grants of land under section 2 of the School Sites Act 1841, made in 1914 and 1928
MUST-READ IN TRADING STANDARDS: The definition of "commercial practice"
A recent Divisional Court ruling on unfair commercial practices will be of significant interest to trading standards teams across the country, writes Tony Watkin.
The legal world’s “perfect” solution to paper-based working that is anything but!
In the legal world PDFs are often seen as the ideal replacement for paper-based systems. But as many have discovered digital workflows underpinned by PDFs come with their own set of challenges....(Sponsored editorial)

CALLING ALL COMMERCIAL, CONTRACTS & PROCUREMENT LAWYERS: There are some great roles:
APPLY TODAY: LGSS Law is hiring: Head of Adult Social Care and Litigation (to £70,000; 6-month FTC; closing: 25 February), Principal Lawyer - Planning & HIghways (to £50,519), Lawyer - Planning & HIghways, Lawyer - Property (both to £45,035), Lawyer - Children (to £44,300; Shefford), Lawyer - Children (to £44,300; Northampton), Lawyer - Adult Health and Social Care (to £43,035), Principal Paralegal - Children (to £35,186), Paralegal - Adult Health and Social Care (to £30,756) and Paralegal - Childcare (to £27,358; closing: 22 February)

OPPORTUNITY KNOCKS:

Rules committee consults on enforcement of possession orders and aligning court procedures
Civil Procedure Rule Committee launches consultation on enforcement of possession orders and alignment of procedures in County Court and High Court

High Court extends car-cruising injunction for two more years
Injunction banning car cruising in Black Country to remain in place for further two years; after receiving evidence of its effectiveness, but also of continuing issues, judge said he was "entirely satisfied” that the injunction should be continued

Dispute over sale of right to buy property at undervalue heads to court
London borough to bring legal challenge against resident to whom it claims it sold right-to-buy flat too cheaply

Judge gives reasons for rejecting application for judicial review of consultation on SEND provision
High Court judge sets out his reasons for dismissing application for permission to bring judicial review of council's consultation on future of services for children and young people with special and educational needs and disabilities in its area; judge concludes there was no serious issue to be tried and that claim was brought prematurely

NHS procurement body names council-owned ABS to legal services framework
NHS Commercial Solutions appoints Essex Legal Services and 18 law firms to four-year legal services framework agreement following competitive tender procedure
BOOK NOW: FTB Annual Planning Forum - Francis Taylor Building - London - 25 March.
LOOKING FOR A TRAINING CONTRACT: Waltham Forest (£25,746) and Wigan (£17,724 - £19,718) are hiring.
Visit the LexisNexis Hub

DPS - Practice management software for local government including ABSs

Town council defeats legal challenge over discounted pitches for long-term traders
Town council successfully defends in court its right to offer discounted pitches to long-term market traders; claimant argued that there had been lack of consultation
 
Judge quashes decision of inspector to grant prior approval for agricultural barn change
High Court judge quashes decision of planning inspector to grant prior approval for changing agricultural barn into flexible commercial use, it is reported
 
Council settles case over treatment of five children at specialist school
Local authority offers to apologise and pay compensation to families of five children who were alleged to have suffered ill-treatment at specialist school, it is reported; however, there was no admission of liability

Attorney General kick-starts competition for London A, B and C panels for civil work
Attorney General plans to appoint new members to his London panels of junior counsel to undertake civil work for government departments; membership open to both barristers and solicitors with appropriate qualifications
 
See all of our most recent news stories
CLOSING DATES FOR SENIOR ROLES: DON'T MISS OUT: on these or other superb opportunities - SIGN UP TO RECEIVE JOB ALERTS. TOP LOCUM ROLES: Principal Property and Contracts Lawyer (Hertfordshire), Planning Solicitor (Dorset) and Litigation Lawyer (Thames Valley).

High Court judge grants permission for judicial review challenge over Oxford-Cambridge Expressway
Judge grants permission to wildlife trust for judicial review claim against  government over Oxford to Cambridge Expressway; claimant seeking to challenge failure to commission Strategic Environmental Assessment or Habitats Regulation Assessment as part of process of selecting ‘Growth Corridor’ (within which Expressway and associated housing will be built)

Council ordered to pay £150k after wall collapse injures girl
Borough in Essex ordered to pay more than £150,000 in fine and costs after brick boundary wall it part-owned collapsed and seriously injured six-year-old girl

Council declines to review signage despite successful appeal over "confusing" bus gate signs
Essex County Council has no plans to review signage on bus gate despite driver winning appeal against penalty charge on grounds that signs were confusing

Ombudsman criticises council for standard of safeguarding investigation
Council’s safeguarding investigation “was not robust enough” after care workers did not follow emergency procedures to ensure vulnerable woman received correct medical attention, Local Government and Social Care Ombudsman finds
MARKETPLACE: Kennedy Cater
NHS procurement body names Essex Legal Services to framework agreement
Council to hire firm to advise on appointment of housing contractor
Attorney General kick-starts competition for London A, B and C civil panels

 
EVENTS:

This week's analysis

Homelessness and the need to consider a “foreseeable future”
The Court of Appeal recently considered whether local authorities, when reaching homelessness decisions, must consider matters that can be determined with reasonable confidence as the “foreseeable future”. Aadhithya Anbahan reports.

Improving ethical standards
Robin Green, Estelle Dehon and Dr Alex Williams analyse five key recommendations from the Committee on Standards in Public Life's recent report on local government ethical standards in England.

Can I get my kids back?
Mark Smith examines the way a Family Court judge dealt with an application for the discharge of a care order.

Where does the inherent jurisdiction end?
The Court of Protection team at 39 Essex Chambers analyse a bid to appeal an interim judgment on the inherent jurisdiction and the extent to which unwise decisions made by capacitous adults can and should be overridden by the courts.

London at night
Will London authorities buy into the London Night Time Commission report findings? Paddy Whur looks at its key conclusions and recommendations.

Tackling vacant and derelict land in Scotland
Marieclaire Reid examines proposals from the Scottish Land Commission that could help local authorities in Scotland take action over vacant and derelict land.
READ THE LATEST EDITION OF INSIGHT: Monitoring Officer Report

This issue, which can be viewed here, includes:
  • The challenges to local authorities posed by the shortage of mid-level lawyers, and the strategies teams can adopt in response.
  • An interview with Suki Binjal, President of Lawyers in Local Government , on her varied career at public sector organisations across the country and how LLG has evolved.
  • How local government lawyers can make the most of management roles.
  • Hilary Irving on the reasons why the first ABS in the North of England, First North Law, was set up.
The first area under the spotlight in this issue is Child Protection. Julien Foster looks at the pitfalls in public law proceedings and how local authorities can avoid them, while Graham Cole calls for action as more and more child care lawyers suffer from stress, anxiety and burnout.

We also look at current issues around Place, including analysis by Cornerstone Barristers’ Matt Hutchings QC of the role of local authorities in housing supply, and Chris Plumley of Trowers & Hamlins on what can be done to unlock stalled development sites.

Click here to access Insight. Also available to download as a pdf.
Catch up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: The thinnest of legal ice – restricting contact and the MCA
A recent court case highlights the risks to public bodies seeking to restrict contact without the authority of the court, writes Alex Ruck Keene.

Adult Social Services: MCA breaches: paying the price?
Gill Weatherill, Paul McGough and Sarah Woods look at the lessons to be learned from a High Court case where breaches of the Mental Capacity Act led to the award of more than £20,000 in damages.
 
Adult Social Services: The inherent jurisdiction, deprivation of liberty and conditional discharges
Rebecca Fitzpatrick analyses a case that considered whether the High Court’s inherent jurisdiction can be used to authorise a deprivation of liberty of a patient with capacity who is subject to a conditional discharge under the Mental Health Act 1983.

Careers: A chance to make a difference
Hesitant about taking on management responsibilities? V. Charles Ward explains how it gave a real boost to his career, and gives some pointers for those taking their first steps.

Children: Sibling groups and care proceedings
Debbie Collins highlights important recent guidance - called Beyond Together or Apart - that considers the approach to be taken in care proceedings towards sibling groups.

Children: Local authorities and s.38(6) assessments
The Court of Appeal has issued a timely reminder in a case where a judge had ordered a local authority to fund a s.38(6) assessment, writes Rebecca Cross.

Children: s20: Some welcome guidance from the Supreme Court
Kella Bowers analyses the Supreme Court’s guidance on s20 of the Children Act provided by its decision in Williams v London Borough of Hackney. (on Public Law Today)

Children: Taking the strain?
Local authority child care lawyers are being overwhelmed by the rise in care proceedings and a crisis could be looming. Graham Cole calls for more to be done on staff well-being. (on Public Law Today)
 
Community Safety: Gang injunctions, human rights and standards of proof
The Court of Appeal recently rejected a legal challenge brought on human rights grounds over a gang injunction obtained by Birmingham City Council. Jonathan Manning and Ayesha Omar explain why.

Dispute Resolution: The scope of litigation privilege and ‘purely commercial discussions’
‘Purely commercial discussions’ within an organisation regarding settlement of a dispute prior to litigation are not protected by litigation privilege, the Court of Appeal has clarified. Nicola Hollick considers the implications.

Dispute Resolution: Not so taxing after all
The Court of Appeal has held that additional hours provided by a university by way of reasonable adjustments for disabled students should be included in consideration of exemption from Council Tax. Catherine Meenan analyses the judgment.

Dispute Resolution: Recent developments with Part 36
Part 36 is the provision that keeps on giving - or taking away…, writes John Appleyard.

Education: SEN update
There have been a number of important decisions regarding children with Special Educational Needs (SEN) likely to be of interest to schools and colleges. Erin Smart provides a helpful summary.

Education: Ofsted and its complaints procedure
Ofsted has successfully appealed a ruling that its complaints procedure was unfair for some schools. Katie Michelon looks at the lessons to be learned.

Education: Home schooling in England and Wales
Legal changes are afoot in relation to home schooling. Dr David Sykes and Dr Samantha Davey look at the issues for local authorities and analyse what is in store.

Employment: Good Work Plan – some legal changes confirmed
The Government has now published the draft legislation which will bring some of the commitments made in the Good Work Plan into force. Phil Allen explains the key points.

Employment: Good Work Plan - changing employment law
The Good Work Plan moves us a step closer to the implementation of the reforms recommended in last year's Taylor Review. Phil Allen explains what is involved.

Employment: Serious misconduct: undertaking an effective conduct investigation
John McArdle provides some top tips for an effective conduct investigation concerning serious misconduct.

Governance: Three ways through the labyrinth of functions and responsibilities
Louis Sebastian considers how local authorities can best review their approach to functions and responsibilities under the Local Government Act 2000.

Governance: Not just back to the future
Jonathan Goolden analyses the key findings in the Committee on Standards in Public Life’s report on local government ethical standards.

Governance: Practical tips for local government re-organisation
Local government re-organisation and the transition from two tiers of local government in to a single tier unitary authority is a big undertaking, which necessitates looking at numerous practical considerations. Karl Edwards looks at some of the practical considerations to consider when looking at moving to a unitary model.

Governance: Through the looking glass
Rosalee Dorfman Mohajer looks at the implications of the Cliff Richard judgment against the BBC and South Yorkshire Police for local authorities when they share information with the press. (on Public Law Today)

Health: NHS Trusts and apologies
The Care Quality Commission has fined a NHS Trust for failing to apologise. Jake Richards considers the lessons from the case.

Health: The NHS Long Term Plan - Procurement and Competition
The NHS Long Term Plan raises some interesting issues for anyone involved in procurement and bidding in the health sector, writes Mary Mundy. (on Public Law Today)

Housing: Assessing the impact of the Homes (Fitness for Human Habitation) Act 2018
New legislation provides a further reason for a raft of disrepair claims, write Matthew Wilson and Sian Evans.

Housing: Finding a national housing policy – Shelter from the storm?
Paul Butterworth considers the key findings of the Shelter Commission's report on social housing and examines two key policy areas that need addressing.

Housing: Damages and Article 8
The High Court has dismissed a claim for damages in respect of accommodation provided under section 17, Children Act 1989 which was alleged to be in breach of Article 8. Clare Cullen reports.

Information Law: Making GDPR British
New regulations set out the UK’s post Brexit data protection landscape. Ibrahim Hasan sets out the key points.

Information Law: Revised s.45 Code of Practice under FOI
Ibrahim Hasan highlights the key points from the new version of the s.45 FOIA Code of Practice.

Licensing: The High Court on the Uber app and plying for hire
The High Court has held that use of the Uber app does not amount to plying for hire. Philip Kolvin QC explains why a council's appeal was rejected.

Licensing: Cross-border hiring
Philip Kolvin QC examines Uber’s successful appeal against Brighton and Hove City Council's refusal of a licence.

Licensing: Limited life licences: the verdict
Philip Kolvin QC reports on the outcome of a case where a licensing sub-committee decided to grant a licence for a shorter period than the applicant had requested.

Management: Striking out in a new direction: Setting up an ABS
What does it take to set up a legal services alternative business structure? Hilary Irving of North Yorkshire County Council outlines the risks and rewards. (on Public Law Today)

Planning: What to do about poor air quality?
The Court of Appeal recently decided that the Communities Secretary was not obliged to call in a planning application for a development that might affect air quality. Simon Ricketts analyses the ruling.

Planning: PDRs and telephone kiosks
The High Court has clarified the extent of permitted development rights for telephone boxes. Saira Kabir Sheikh QC and Mark Westmoreland-Smith explain the significance of the ruling.

Planning: Viability: speed of delivery matters
Ralph Kellas examines a planning inspector's decision on the weight to be given to the Draft London Plan and whether a late stage review was justified.

Planning: Self-builds, CIL and commencement notices
A council has won a High Court ruling over whether a self-builder was liable to pay the Community Infrastructure Levy. Hashi Mohamed explains why.

Procurement & Contracts: Ups and downs
Melanie Pears and Tim Care examine a recent case where the court ruled that an automatic suspension in relation to a contract award should remain in place.

Procurement & Contracts: What does a 'deal' or 'no deal' mean for you?
Nicola Sumner and Juli Lau consider the practical steps contracting authorities should consider taking in preparation for Brexit, 'deal' or 'no-deal'.

Projects: What's next for UK projects?
Steve Gummer, Nicola Sumner and Roseanne Serrelli look at the ramifications of the Chancellor’s decision to bring an end to PFI and PF2.

Projects: State aid and regeneration projects
Edward Reynolds identifies some solutions to the key issues around state aid and local authority regeneration projects.

Projects: The importance of Place and revenue growth for local government
Judith Barnes and David Hutton outline how local authorities can - and must - utilise their Place-making roles to ensure their future financial viability. (on Public Law Today)

Property: Tied up in knots
Japanese knotweed is an invasive problem - and legal headache - for local authorities and other large landowners in the public sector, writes Chris Moss.

Property: Unlocking stalled development sites
Chris Plumley explores some of the most common traps in relation to stalled development sites and suggests some effective solutions. (on Public Law Today)

Property: A market snapshot
Nathan Holden and Clive Pearce look at the lessons to be learned from recent topical legal cases and other changes in the real estate market of relevance to local authorities. (on Public Law Today)

Property: Rating ATMs and similar facilities
Steven Gasztowicz QC analyses a recent Court of Appeal ruling on the rating of ATMs and similar facilities - or whether ‘Holes in the Wall’ give free money to government.

Regulatory: A valuable alternative to prosecution: the Environment Agency and civil undertakings
Civil sanctions in environmental law: what are they and why do they matter? Tim Green and Gus Baker explain.

Transport & Highways: Transferring interests in highways
The Supreme Court has handed down a ruling in a dispute between two London councils and Transport for London on the extent of the transfer of a 'highway'. David Elvin QC explains the outcome.

Ipswich Borough Council - Legal and Democratic Services Operations Manager
LGSS Law
Waltham Forest - Trainee Solicitor
Kirklees Council
Warrington Borough Council
Warrington Borough Council
Senior Property Lawyer
Enforcement & Regulatory Lawyer
Senior Compliance Lawyer

Portsmouth City Council
Trafford Council
Shelter
Derbyshire Dales District Council
Derbyshire Dales District Council

Ceredigion County Council
Ceredigion County Council
Corporate Legal Services Manager

Southwark Council
Southwark Council
Residential Conveyancing and Compliance Officer
Senior Property Lawyer

Bedford Borough Council
Bedford Borough Council
Childcare Advocate

Derbyshire County Council
Derbyshire County Council
Lawyer - Children's Services

London Borough of Barking & Dagenham
London Borough of Barking & Dagenham
Contracts Lawyer

Dartford Borough Council
Dartford Borough Council
Legal Officer - Conveyancing

Milton Keynes Council

Gloucestershire County Council
Gloucestershire County Council
Various opportunities

Oldham Council
Oldham Council
Legal Assistant - Corporate

South London Legal Partnership
South London Legal Partnership
Procurement/Contract Lawyers

 

Get your vacancies noticed here from just £450 + VATClick for details
Copyright © 2019 Local Government Lawyer, All rights reserved.