Judge rules campaigners did not have standing for procurement challenge
Council persuades High Court that group of councillors and residents did not have standing to bring judicial review claim that contract with developer had been varied in breach of procurement laws
Borough council loses Court of Appeal case amid fears of 'garden-grabbing'
Council loses appeal over whether site in Green Belt should be considered ‘previously developed land’, amid fears that ruling could lead to more 'garden-grabbing'
Council complains about conduct of solicitor in public law care proceedings
Judge reveals that local authority has complained about conduct of solicitor who represented father of youngest child in care proceedings while having “some sort of relationship” with mother’s brother
City fails in High Court challenge over adjudicator rulings on bus lane signs
City council fails in High Court challenge to Bus Lane Adjudicator’s decision that authority’s road signs for pedestrian zone failed to provide adequate information to road users of bus lane
LLG Board recommends extending Forrester-Brown presidency by six months
Board of Lawyers in Local Government to recommend that Doreen Forrester-Brown from Southwark continue as President for additional six months to enable her to see through its governance review (on Public Law Today
Law Commission urges replacement of Deprivation of Liberty Safeguards
Deprivation of Liberty Safeguards are failing those they were designed to protect and should be replaced "right away" with new scheme, to be called Liberty Protection Safeguards, Law Commission recommends
Essex agrees payouts, review of foster care placement terminations
County council social workers moved a vulnerable teenager from her aunt and uncle’s care without warning, and then failed to follow the statutory children’s complaints process, the LGO has found
MUST-READ: A service user’s preferences for care
The Administrative Court has handed down an important judgment on the wellbeing provisions of the Care Act. Simon Goacher
, Morris Hill
and Ken Slade
look at the outcome.
Virgin Care in legal action over procurement of children's health services contract
Provider starts High Court action against NHS bodies and county council over procurement of children's health services
Council defeats challenge to permission for extension of quarry in Green Belt
County council fights off legal challenge by brewery to planning permission it gave for quarry in Green Belt
Government names 18 providers to £320m, two-tier legal advice panel
Crown Commercial Service names 18 law firms including consortium to £320m, two-tier panel for supply of general legal advice to crown bodies and other permitted users
Union and council in bitter row over threat of legal action on statutory duties
Union instructs its lawyers to investigate possibility of legal action against both London Borough of Bromley and individual councillors there over alleged failures to comply with statutory duties. Local authority dismisses 'publicity-hungry allegations'
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FTB’s Grant appears for conservation trust at SEV licence hearing
LGSS Law implements practice management software from DPS
LLG Board eyes extending Forrester-Brown presidency by 6 months
Shared legal service wins technology category at LGC Awards
Nicola McIntosh joins family group at No5
MORE NEWS STORIES
Ealing defeats latest challenge to QPR training site on metropolitan open land
London borough successfully defends its decision-making in latest round of litigation over proposed siting of training facilities for football club Queen’s Park Rangers on metropolitan open land
South London Legal Partnership wins technology category at LGC Awards
Shared legal service wins Driving efficiency through technology
category at LGC Awards 2017 for its work on paperless courtrooms (on Public Law Today
Principal solicitor and child law specialist swaps council for 3 Paper Buildings
Birmingham City Council Principal Solicitor Matiss Krumins, specialist in public law children proceedings and judicial review, has joined 3 Paper Buildings
More flexible deployment of judges planned as specialist civil courts renamed
Specialist civil courts – including Technology and Construction Court and courts of the Chancery Division – are to be known as “Business and Property Courts of England and Wales” from June
See all of our most recent news stories
MORE NEWS STORIES
Calls for clarification of law on fostering and savings for children
Welsh council and ombudsman urge clarification of law over responsibility of foster parents to organise savings for children, after authority makes goodwill payment
Supreme Court to rule on funding of options for contact and CoP jurisdiction
Supreme Court will next week rule on whether commissioning body can, by its decision not to fund particular option for contact, effectively remove jurisdiction of Court of Protection to make best interests decision about contact
High Court hears challenge to Government decision allowing fracking
High Court in Manchester this week hears case brought by local group against Government’s decision to allow fracking in Fylde
Welsh Government introduces law to abolish Right to Buy
Welsh Government puts forward proposed legislation to abolish Right to Buy and associated rights. Law would also affect Preserved Right to Buy and the Right to Acquire.
This week's analysis
The Casey Review into Opportunity and Integration
Paul Feild examines the implications for local government lawyers arising out of Dame Louise Casey's review into opportunity and integration.
Double-edged sword: Can you have two possession orders at once?
In a recent case an interesting point arose around whether or not it was possible for a landlord under an assured shorthold tenancy (AST) to have two possession orders in respect of the same property at the same time. Richard Williams analyses the issue.
Town and Village Greens: Essex County Council's 'quay' to success
Andrew Beck and Erin Keating consider a recent case which examines an alternative option for landowners and developers faced with a town or village green registration.
Religious dress bans
Religious dress bans can be lawful – at least under European law. Phil Allen reports on recent rulings from the Court of Justice of the European Union.
Academy conversions from within PFIs
David Wall examines the key issues raised in relation to academy conversions for schools within existing Private Finance Initiatives (PFIs).
When can premises be closed by the council or the Police?
Kuljit Bhogal surveys the powers available to close commercial premises that are the source of anti-social behaviour.
The practicalities of the GDPR: breach notification, consent
Robin Hopkins makes some observations on two important aspects of life under the General Data Protection Regulation (GDPR).
SUPPLIER OF THE WEEK: ELS (Essex Legal Services) is a unique legal service, combining exceptional commercial experience with a mature understanding of the values and ethos of the public sector. As one of Essex County Council’s flagship traded services, ELS provides high quality, cost effective legal advice to local authorities and other public bodies across the UK.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Claiming within time
A High Court judge recently refused to extend the limitation period for a £100,000-£150,000 damages claim against a local authority over an alleged deprivation of liberty. The Court of Protection team at 39 Essex Chambers
Adult Social Services: Public protection and s.21A (again)
The Court of Protection team at 39 Essex Chambers
report on the outcome of a recent s. 21A Mental Capacity Act challenge.
Adult Social Services: Statutory charge and Article 8 damages
The Court of Protection team at 39 Essex Chambers
examine a recent case that, although not a CoP one, is interesting and relevant for what is said about the legal aid statutory charge in a claim for damages for breach of Article 8 ECHR.
Children: Secure accommodation orders - children or young people placed in Scotland
English local authorities looking to place children in secure accommodation in Scotland have faced significant legal hurdles. Lucia Clark
and Anna Forsyth
explain how they have been overcome.
Children: Conduct powers over costs
A Family Court judge has recently handed down a key ruling for both local councils in respect of adverse costs orders in family and human rights litigation. Jessica Swanell
Children: Should courts order vaccination against parents’ wishes?
The alleged risks attending on vaccination were outweighed by the benefits of immunisation by a clear margin, the Family Court has ruled following an application by a local authority. Rosalind English
Community Safety: Before its time?
Can a local authority use the Anti-social Behaviour Crime and Policing Act 2014 in relation to incidents that occured before the Act commenced? Jonathan Manning
Dispute Resolution: Repairing potholes: the Court of Appeal view
The Court of Appeal recently issued an important ruling on the approach highways authorities should take towards repairing potholes. Steven Conway
considers the implications.
Dispute Resolution: Challenging costs limits in Aarhus Convention claims
The CPR rules on ‘Aarhus Convention Claims’ have just changed. William Upton
explains how the neat simplicity of the provisions have been replaced by rules that will allow for satellite litigation about costs. Access to environmental justice has just become more uncertain.
Dispute Resolution: Public bodies who discriminate – County Court or High Court process?
considers an interesting case concerning the apparent conflict between competing provisions of the Equality Act 2010 in the context of duties to disabled people within the context of Traffic Regulations Orders.
Dispute Resolution: Roadside trees
A parish council was recently ruled to have been negligent in its approach to inspecting a tree which fell onto a bus. James Goudie QC
Dispute Resolution: Defending a claim for judicial review
This LexisPSL Public Law
checklist, produced in partnership with Stephen Hocking
of DAC Beachcroft
highlights the key steps and considerations for defending a judicial review claim including preliminary assessment, acknowledgement of service and skeleton arguments.
Education: Higher education claims
The Administrative Court has given general guidance on judicial review and Office for the Independent Adjudicator for Higher Education (OIA) complaints. Jonathan Auburn
Education: Risk assessment of schools and FOI
A council has successfully appealed an Information Commissioner's decision that it should disclose information on its risk assessment of schools. Claire Booth
Education: Teacher misconduct
A High Court judge has overturned an indefinite teaching ban on a ‘superhead’ who channeled work to a company with which he was associated. James Goudie QC
looks at the reasons why.
Employment: New laws on industrial action
New laws in relation to industrial action came into force at the start of the month. Louise Singh
sets out the most significant changes.
Employment: Religious festivals and extended holiday requests
looks at a case in which the Employment Appeal Tribunal examined whether the refusal of an extended holiday request to attend a religious festival could amount to indirect religious discrimination.
Employment: The apprenticeship levy and councils
How will the apprenticeship levy impact local authorities? Rajveena Sangha
Employment: The duty to make reasonable adjustments
considers what you can learn from the Supreme Court case of the wheelchair versus the buggy.
Employment: Pay grades and contractual rights
Claire Booth r
eports on a Court of Appeal ruling on whether a council employee had a contractual right to be paid whatever salary was attached to a particular grade in all circumstances.
Governance: Local government reform in Wales
, chair of the Wales branch of Lawyers in Local Government, reports on the latest moves towards reform in the sector and the role LLG is playing.
Governance: Local government standards and litigation costs
analyses a High Court ruling on costs after a standards case involving a town council and one of its members.
Governance: Public complaints—introducing the draft Public Service Ombudsman Bill
In this interview with LexisPSL Public Law
, Ros Foster
and Patrick O’Connell
outline the draft Public Service Ombudsman Bill recently laid in Parliament, which aims to introduce a Public Service Ombudsman (PSO) with improved access, structure and powers.
Governance: Defeating substantive legitimate expectation claims
In the second in a two-part series on substantive legitimate expectations, David Sykes
analyses the courts' approach to judicial review challenges and examines how such claims can be defeated.
Health: Cheshire West kicked out of acute hospitals?
The Court of Appeal has delivered a landmark judgment on deprivation of liberty in the context of acute medical treatment that will be very welcome for providers of physical healthcare - for now at least. Ben Troke
Health: Tackling bed blocking
With a hospital recently forced to obtain a court order to evict a patient, Kiran Bhogal
, Emma Stockwell
and Joanna Trewin
consider the legal issues around bed blocking.
Housing: Housing allocation and the treatment of private sector tenants
analyses a High Court case that considered Article 14 ECHR and treating private sector tenants differently from secure tenants for the purposes of a local authority’s Part VI housing allocation scheme.
Housing: Homelessness decisions and the PSED
A recent Court of Appeal ruling on homelessness decisions and the public sector equality duty is a victory for substance over form, argue Kelvin Rutledge QC
and Ryan Kohli
Housing: Moving on out
The Court of Appeal has upheld a ruling on whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended. Justin Bates
sets out the background to the case.
Information Law: Yet another subject access judgment…
Anya Proops QC
analyses the latest ruling on subject access requests, this time from the Court of Appeal.
Information Law: The motives behind subject access requests
The Court of Appeal has confirmed that a requester's motive does not justify a refusal to comply with a subject access request. Dan Fawcett
analyses the ruling.
Information Law: Don’t be a data protection fundamentalist
An Advocate General has called for a common sense approach to interpreting data protection law. Robin Hopkins
examines the AG's opinion.
Information Law: The right to data portability under GDPR
considers the new right to data portability under the GDPR and examines its impact on the public sector.
Licensing: Streets ahead?
Trade objectors recently tested the definition of a “street” in a betting office application case. Andy Woods
examines the outcome.
Licensing: High Court says no dice
Philip Kolvin QC
sets out why the High Court rejected a legal challenge to Southampton City Council's grant of a large casino licence.
Licensing: The Alchemist of the North
A recent court case has provided a reminder that cumulative impact policies should generally act as a filter and not a bar, writes Philip Kolvin QC
Planning: Daylight/sunlight error fatal to permission
looks at the lessons to be learned after the High Court quashed a planning permission over an error of fact in a daylighting report.
Planning: Reasons for delegated decisions to grant planning permission - the Shasha case
considers the consquences of a High Court ruling as to whether reasons need to be given for delegated decisions to grant planning permission.
Planning: Examining Local Plan reasons
The Planning Court has considered the approach taken by the Inspectors' guidelines to using short form reasoning when reporting on the soundness of development plans. William Upton
analyses the outcome.
Planning: The NPPF heads to the Supreme Court
The case of Suffolk Coastal District Council v Hopkins Homes
will take the National Planning Policy Framework before the Supreme Court for the very first time. Trevor Ivory
and Jim McAvan
look at what is at stake.
Planning: Local plans, neighbourhood plans and timing
Can neighbourhood plans come forward ahead of up to date local plans? Clare Parry
reports on a recent Court of Appeal ruling.
Procurement: The essential activities test
A recent Court of Justice of the European Union ruling relating to the Teckal
exemption will be of interest to contracting authorities considering alternative delivery structures and shared services, write Melanie Pears
and Tim Care
Procurement: A third way?
A recent Court of Justice of the European Union ruling suggests potential new avenues for public to public co-operation, write James Clayton
and Mark Fitzgibbon
Procurement: Settlement agreements and the procurement rules
examines a Court of Justice of the European Union case on whether a settlement agreement can amount to a regulated modification of a contract.
Procurement: Insourcing: what do you need to know?
and Caron Gosling
look at the issues for local authorities considering bringing services back in-house.
Procurement: Engaging consultants for public contract specification
What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification? LexisPSL Public Law
, in partnership with Peter Ware
of Browne Jacobson LLP
Procurement: Procurement breaches changing the tender outcome
In this LexisPSL Public Law analysis, Fiona Scolding
, barrister at Outer Temple Chambers
, considers a recent case in relation to damages to be awarded on a procurement claim if the breach would have made a difference to the outcome of the tender.
Projects: Estate regeneration and the right to buy
A High Court judge recently dismissed a legal challenge over a Cabinet’s authorisation of the redevelopment of a large housing estate. James Goudie QC
explains the ruling, including an important issue in relation to the Right to Buy.
Projects: Time for a review?
provides some top tips on how local authorities can go about evaluating the effectiveness of their alternative delivery vehicles.
Projects: Regeneration X: Failed CPOs
The Communities Secretary earlier this month refused to confirm a compulsory purchase order for a key regeneration scheme in London, prompting Southwark Council to announce a judicial review challenge. Simon Ricketts
analyses the minister's decision.
Property: Refurbishment works and business rates
In a decision that will be welcomed by developers and property owners, the Supreme Court has held that a commercial property undergoing extensive refurbishment works was effectively exempt from business rates. Petra Billing
and Ian Brierley
Property: Validity of service charge demands
The Upper Tribunal determined the validity of an estimated service charge demand in light of the UT's earlier decision in Woelke. Katie Gray l
ooks at the outcome.
Property: Assets of Community Value – is there any body there?
What exactly is an 'unincorporated body' for the purposes of the Assets of Community Value legislation? Simon Adamyk l
ooks at the difficulties created by the wording and reviews the key tribunal decisions.
Property: Fresh points on Assets of Community Value
examines the key learning points from the latest batch of rulings in relation to assets of community value.
Regulatory: Consistently packing a punch
looks at the impact of the toughter environmental sentencing guidelines that were introduced in 2014.
Regulatory: Accidents and control of premises
and Lewis MacDonald
analyse a recent case where the Health & Safety Executive brought proceedings against the freeholders of commercial properties where accidents had occurred.
Transport & Highways: Standards of highway maintenance
This LexisPSL Local Government
article, produced in partnership with Nicholas Hancox
of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.