Councils in West Sussex to consider sharing services including legal
AT THE CUTTING EDGE: LGSS Law, the social enterprise law firm owned by three local authorities, is recruiting: Head of Property & Planning (£45,936-£62,426); Principal Lawyer - Litigation; Lawyer - Property; Principal Paralegal - Litigation; Trainee Solicitor x3.
CALLING ALL PLANNING LAWYERS: The tri-borough legal team for Westminster, Kensington & Chelsea and Hammersmith & Fulham Councils is hiring Planning Lawyers (£43,620-£52,041).
JUST IN: Don't delay, apply today:
LOOKING FOR A TRAINING CONTRACT? Train in a small but busy team at Merseyside Fire & Rescue: Trainee Solicitor. LGSS Law is also seeking three trainees: Trainee Solicitor x3
NEW DATE: St John's Chambers' Local Government Law Conference 2016 - Bristol - 12 October 2016. Speakers include Leslie Blohm QC, Kathryn Skellorn QC, Professor Roy Light and Peter Wadsley.
Three districts in West Sussex to consider introduction of shared services in range of areas including legal services, in move that could save £2m a year
Care provider ends contract with two councils over "unacceptable" rates
Leading care provider serves notice on two North West councils, arguing that “no organisation could legally deliver the care service required at the rate proposed by the councils”
Council faces planning judicial review challenge over 'studentification'
Residents group issues judicial review proceedings against city council in dispute over ‘studentification’ and proposed 320-bed development
HB Public Law and Buckinghamshire complete merger of legal teams
Legal staff at county council join HB Public Law, making it the largest local authority legal practice in country with 150 lawyers
Don’t take into account PI claims when assessing care contributions: LGO
Capital from personal injury claims cannot be taken into account when councils assess person’s contribution towards cost of their care, Local Government Ombudsman stresses
MUST READ FOR PROCUREMENT LAWYERS: Automatic suspensions and adequacy of damages
When it comes to automatic suspensions and adequacy of damages, what counts if you are a non-profit organisation? Ruth Smith
and Jenny Beresford-Jones
look at a recent procurement case involving NHS bodies.
Stripy house set to be repainted after owner loses latest legal battle
House in Kensington that was painted in bold red and white stripes may soon be restored to plain colour after its owner lost lengthy legal battle over its appearance
Local government to have seat at Brexit negotiating table, says Clark
Response to leaving European Union “has to be radically expanded role for local government”, Communities Secretary says
Government consults on removing barriers to market entry for ABSs
MoJ launches consultation on changes that would remove barriers to market entry, and regulatory burdens on, alternative business structures in legal services
Law Commission consults on reforming planning law in Wales
Government's law reform advisory body launches consultation on planning law in Wales, which it describes as “overly complicated and difficult for professionals and the public to use”
|BE PART OF THE FUTURE OF PUBLIC LAW: HB Public Law is hiring: Be part of the future of public law: Senior Lawyer - Planning & Regeneration; Lawyer - Adult Social Care & Education; Lawyer - Contracts, Procurement & Information; Lawyer - Planning & Regeneration; Lawyer - Property; Lawyer - Social Care; and Locum Planning Lawyer - Part Time.
LAST CALL: Apply today:
SUPERB PRIVATE PRACTICE ROLE: Anthony Collins Solicitors are hiring a Senior Lawyer - Local Government.
- Local Partnerships: Project Director - Legal (£78,000-£95,000). Closing: 8 July (today);
- Gedling: Planning, Property & Contracts. Closing: 8 July;
- Telford & Wrekin: Legal Assistant - Safeguarding (maternity cover). Closing: 12 July;
- Guildford: Principal Solicitor - Planning & Litigation (£48,832-£56,998); Principal Solicitor - Contracts, Procurement, Property; Senior Corporate Services Solicitor; Property Solicitor; Contract Solicitor; and Information Rights Officer. Closing: 13 July;
- York: Senior Solicitor - Contract & Commercial; and Senior Solicitor - Litigation (both roles £39,057-£45,971). Closing: 14 July.
- Oldham: Group Lawyer - Civil Litigation (£47,949-£50,686). Closing: 15 July;
- Portsmouth: Senior Lawyer - Commercial Property (£41,551-£45,266);
- Forest of Dean: Solicitor - Property or Planning
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Council awards £4.25m child law contract to single provider
Waste body to appoint law firm to advise on financing documents
Cornerstone duo advise Future Housing Review on Right to Buy
Pinsent Masons sees turnover exceed £380m for 2015/16
MORE NEWS STORIES....
Carers struggling to access rights under Care Act: report
Care Act 2014 has made little difference to lives of some 5.4m unpaid carers, review finds
Landlord fined £20k after 28 tenants housed in seven rooms
Landlord who illegally converted house to accommodate 28 tenants into seven rooms handed maximum fine after enforcement action by London council
DEFRA and DCLG issue guidance for councils on fly-tipping
Government departments issue guidance for local authorities on fly-tipping and penalties they can charge
MUST READ FOR GOVERNANCE LAWYERS: Download Browne Jacobson's report on devolution:
Spending watchdog criticises “incoherent” oversight of arm’s length bodies
There is no collective understanding of what type of oversight is appropriate and cost effective for different types of arm’s-length bodies, National Audit Office claims
Supreme Court to give reasons for allowing appeal over residence test
Judges to set out why they concluded that Ministry of Justice’s introduction of residence test for civil legal aid via secondary legislation was unlawful
High Court hears challenge to closure of Welsh language primary school
What is claimed to be first legal challenge to proposed closure of Welsh-language primary school has been heard in only second set of proceedings ever put to High Court in Welsh
Peers issue call for evidence on Licensing Act 2003, hire Clover to advise
House of Lords select committee investigating effectiveness of Licensing Act 2003 publishes call for evidence, appoints Kings Chambers barrister as specialist adviser
See all of our most recent news stories
Analysis on Local Government Lawyer
Is the past 'prologue'? TUPE and SPCs
For service provision changes under TUPE, "organised groupings" and 'assignment' are two separate, but linked, concepts. Anne Palmer explains EAT guidance on whether historic structures should be taken into account when analysing the former.
New legal requirements: yes, no or maybe?
Peter Hill considers the legal issues behind the growing use of online digital services in local government.
Relieving the eye and the spirit
In a recent ruling the Court of Appeal has affirmed the visual dimension of openness, writes Ned Helme.
Householders' permitted development rights
The High Court recently gave an important judgment in relation to the interpretation of householders' permitted development rights. Jonathan Wills sets out the key points.
Transferring premises licences
How do you prove that you have the consent of the outgoing licensee when you transfer a premises licence? Paddy Whur reports on a case where he advised the licensing authority.
Recent rulings on legitimate expectation
James Goudie QC sets out the key points from recent rulings on legitimate expectation.
Melinka Berridge and Louise Murphy examine a successful appeal challenging the jurisdiction of the Secretary of State for Education to make orders in relation to former teachers.
Ever spreading tentacles?
The Court of Protection team at 39 Essex Chambers analyse a recent judgment from Mr Justice Charles that examined issues around Article 5, deputies and state imputability.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: False imprisonment, causation and damages claims
A recent Supreme Court ruling provides a reminder of the importance of causation in damages claims for false imprisonment. Eirwen Pierrot
explains its relevance to mental health law and the Court of Protection.
Adult Social Services: Direct payments under the Care Act
reports on the outcome of a High Court challenge brought by recipients over the suspension of accreditation of a direct payments service used by more than 3,000 people.
Adult Social Services: State imputability
A ruling by the Deputy President of the Court of Protection imposes more obligations on local authorities, financial deputies and the courts, writes Nageena Khalique QC
Children: The Supreme Court on Article 15
The Supreme Court recently examined the Article 15 discretionary power in proceedings relating to the welfare of two young girls. Katherine Couper
looks at the key findings.
Children: Cheshire West and children
considers how the courts are applying the Cheshire West
principles to Children Act cases.
Children: Transition to education, health and care plans
LexisPSL Local Government
, in partnership with Anita Chopra
and Chris Barnett
, set out a checklist for moving children from statements to the new regime of education, health and care plans.
Community Safety: PCCs - end of term report
What impact have Police and Crime Commissioners had since their introduction? Sarah Ellson
and David Northfield
Education: Term time holidays – what you need to know!
In the aftermath of the High Court's recent ruling, where are we when it comes to prosecutions for failing to ensure regular attendance at school? Richard Freeth
Education: School standards and religious rights
analyses a recent First-tier Tribunal education case concerning school standards and religious rights.
Education: Censorship or justified concern?
A High Court judge recently heard a group of academics' judicial review challenge to a university's decision to withdraw permission for a conference on international law and Israel. Dominic Ruck Keene
analyses the judgment. (ON PUBLIC LAW TODAY)
Education: Academies and public law: Pt 2
In the second in a two-part series, Mark Johnson
looks at what academies should consider when carrying out consultation. (ON PUBLIC LAW TODAY)
Employment: What next for employment law in the wake of Brexit?
sets out the most likely areas for reform of employment laws now that the UK has voted in favour leaving the EU.
Employment: The Supreme Court on employee reinstatement
The Supreme Court has recently issued a key employment law ruling on the remedy of reinstatement. James Goudie QC
analyses the judgment.
Employment: Stand by me?
A teacher who stood by her sex-offender husband has succeeded in an indirect religious discrimination claim. Richard Hewitt
Employment: Contractual staff handbooks
A recent Court of Appeal decision highlights the limitations of contractual staff handbooks for employers, writes Jessica Ryan
Employment: Wider still, and wider?
considers a recent case involving a London borough and the wide range of circumstances in which employees may bring claims of discrimination arising from disability.
Governance: Consultation in austerity 2016: a practical guide
of Thurrock Borough Council provides a practical note on consultation procedure for local government practitioners and gives advice on how to carry out consultation which should be resilient to challenge.
Governance: What now for trust ports?
examines the key findings and recommendations from the Department for Transport’s trust port study.
Governance: Making collaboration work
In the first entry of a new blog, Olwen Dutton
considers what makes public services collaboration work - and the role of local authority lawyers in delivering success.
Governance: Combined authorities – accountability is key
With the drive to greater regional devolution, combined authorities, local authorities and other key stakeholders will need to address significant issues around accountability, writes Anja Beriro
Governance: Audits and auditors - England
In partnership with Stephen Sheen
, the LexisPSL Local Government
team highlights key features of external audit and internal audit in England.
Healthcare: Advance decisions to refuse treatment
Housing: Social housing and Brexit
Alex Ruck Keene looks at the circumstances where medical professionals might not be bound by an advance decision to refuse treatment.
Healthcare: Creating a sustainable healthcare system
In the pursuit of a sustainable healthcare system local government must not be left behind, write Michael Boyd and Judith Barnes.
Healthcare: The CoP and reporting restrictions after death
The Court of Protection has recently considered whether reporting restrictions in a case should continue after the individual's death. Rosalind English reports.
How will the social housing sector be affected by the UK leaving the EU? Jonathan Cox
Housing: All change in housing law
examines some of the greatest changes to housing management law for many years.
Housing: Trespassers and proportionality
A High Court judge recently considered whether one local authority's bid to evict a trespasser was proportionate in circumstances where another council had accepted a duty to the man as a homeless person. Emily Orme
analyses the outcome.
Housing: Sub-letting: have you got the best evidence?
considers some of the issues arising, and the court procedures available to, social landlords taking possession action because the tenant is believed to have sub-let or parted with possession of the demised premises.
Housing: Consult in haste, repent at leisure
As local housing authorities nationwide consider introducing or renewing additional and selective licensing schemes, Dean Underwood
considers the requirements of a key pre-condition to designation and provides local housing authorities with tips about lawful consultation.
Housing: Lower standards in some HMOs?
Nottingham City Council is planning to go to the Court of Appeal after it lost an Upper Tribunal case on its decision to ban two small bedrooms being used as sleeping accommodation. David Hobbs
Information Law: The future of data protection
What does the vote in the EU referendum mean for the future of data protection in the UK? Anya Proops QC
Information Law: Transparency updates and the revised s45 Code
examines recent transparency-related developments that will have a potential impact on the engagement of exemptions under FOIA and the EIR, and the public interest balance.
Licensing: Using cumulative impact policies
Councils should be wary of the unintended consequences of cumulative impact policies, writes Paddy Whur
Licensing: A cautionary tale
A recent case underlines the importance of complying with Court directions in case management hearings for licensing appeals, writes James Rankin
Litigation: County Court "costs only" appeals
reports on three cases in which applications for permission to appeal against a costs order were heard together by the Court of Appeal to establish the correct destination of such appeals.
Litigation: Council tax reduction and the Denton Principles
The High Court has recently applied the Denton
Principles in a council tax reduction appeal. Richard Hanstock
Litigation: Standard of review in Aarhus cases
David Hart QC
examines the latest Aarhus Convention point to come before the domestic courts, in a case involving a city council.
Planning: Don’t…leave me this way?
and Sue Chadwick
consider the Government’s record so far in the environmental arena and what Brexit might mean in terms of planning law.
Planning: 'Especial speed' in judicial review
The Court of Appeal has given a blunt reminder on the importance of promptly filing judicial review applications in planning cases, writes Katie Scuoler
Planning: Bringing a bit of order to planning conditions
Richard Harwood OBE QC
examines the messy state of planning conditions, and calls for the introduction of simplicity to the area.
Planning: Only a partial victory?
The Government may have hailed its successful appeal over its affordable housing and small sites policy as a major victory but it is not the end of the battle for local planning authorities, writes John Pugh-Smith
, who also considers some of the overlapping implications with the 'Starter Homes' initiative.
Planning: The Public Sector Equality Duty and planning
examines the importance of the Public Sector Equality Duty in planning decision making.
Procurement: What does Brexit mean for procurement?
What is in store for public sector procurement? Jonathan Parker
considers the implications of last week's Brexit vote.
Procurement: Operating a Dynamic Purchasing System
In the third article in a series on dynamic purchasing systems, Susie Smith
looks at the process for award of contracts under a DPS, the issue of reviewing suppliers' suitability for continued membership, and remedies.
Procurement: Competitive dialogue for local authorities: basic principles
Having been involved in six Competitive Dialogues including the Kent County Council Back Office Procurement, Adeola Sonola
draws on her experience and examines the issues involved in a CD process, giving practical tips on how to ensure a successful outcome.
Procurement: Obtaining meaningful procurement remedies
When an incumbent provider last year challenged a council's award of a contract for domestic violence services, a High Court judge maintained the automatic suspension. Fran Mussellwhite
looks at what happened next.
Procurement: Regulation 53 and publication of procurement documents
“Do we really need to publish all our procurement documents before we go to market” is a question frequently asked by clients. Davina Cross
examines the issue.
Procurement: Setting up a Dynamic Purchasing System
In her second article on Dynamic Purchasing Systems, Susie Smith
looks at the process for dealing with Requests to Participate (RTPs) from economic operators after a DPS is established.
Projects: State aid anyone?
What does the EU referendum result mean for state aid? Paul McDermott
and Rebecca Rees
Projects: Cloud technology: the legal and practical issues
With public sector organisations looking to take advantage of technology to deliver cost saving benefits, Dan Read
highlights some of the legal issues when collaborating as well as the practical and operational challenges.
Projects: Brexit and state aid
Will ‘Brexit’ free the UK from State aid rules? Jonathan Branton
Projects: Playing by the rules
In a key state aid case involving a loan made by a city council, the Court of Appeal recently considered the Market Economy Investor Principle. Angelica Hymers
analyses its ruling.
Projects: Changing Development Consent Orders
Following the decision of the Energy Secretary to make a non-material amendment to the East Anglia ONE offshore windfarm development consent order, Hereward Phillpott QC
and Isabella Tafur
consider the procedure for making changes to DCOs after they have been made and some of the issues to be aware of.
Projects: Refinancing PFI and PPP deals
sets out some of the key considerations for local authorities that are looking to refinance their PFI or PPP deals.
Property: The Upper Tribunal on Ft-T Rule 13 costs
The Upper Tribunal has released a long awaited decision on Ft-T Rule 13 costs, Hardwicke
Property: Further development of the Asset of Community Value regime
reviews the latest judgments on the application of the Assets of Community Value regime.
Property: How to surrender a lease
It is not always clear whether or when a lease has been surrendered by operation of law. Actions, rather than words, matter, so it is crucial for both landlords and tenants to realise the implications of their conduct, writes Elizabeth Thompson
Property: Of palm trees and a Chancellor’s foot
The Upper Tribunal has considered – in a service charges case involving a London borough – the concept of issue estoppel. Alastair Redpath-Stevens
analyses the judgment.
Property: Overage clauses and drafting issues
reviews the main elements of agreeing overage agreements that local authorities need to take into account when agreeing overage terms.
Regulatory: Models of building control provision
discusses legal issues related to alternative models of building control provision.
Regulatory: Game of drones – the law
examines the issues that local authorities may face as a result of the use of drones.
Transport: TfL and roads in the capital
A High Court judge has ruled on a dispute over the extent of Transport for London’s interests in London’s roads. Charles Banner
reports on the outcome.
|CIL and Planning Obligations
||This presentation considers the past, present and future of the Community Infrastructure Levy in the light of forthcoming reforms to the regime.
|Bringing Forward Development
||Will forthcoming changes to the NPPF, permitted development rights and the Housing and Development bill shift power towards or away from Local Planning Authorities?
|Old and New Means of Development
||This course looks at the various measures being introduced by the Housing and Planning Bill to make development happen beyond the conventional planning permission system.
|The LLG Competency Framework
||To assist local authority solicitors to comply with the new CPD regime, the Lawyers in Local Government group has produced a new competency framework. Helen McGrath, Development Officer for LLG, outlines the main features of the framework and explains how
|Neighbourhood Planning: A Legal Perspective
||John Pugh-Smith and Daniel Stedman Jones look at how lawyers can square the circle of greater localism in the planning system and the need for more housing and infrastructure development.
|Housing and Local Plans
||Peter Village QC and Rose Grogan analyse the key features of the Housing and Planning Bill and outline some of the problems and pitfalls created by Local Plans as identified by recent case law.
|Human Rights, the Equality Act and Social Housing
||This course looks at the arguments faced by public authorities and social landlords when faced with claims based on the Equality Act 2010 or the Human Rights Act 1998 and outlines some of the defences and tactics available to defend them.
|Social Housing Eligibility Update 2015
||This course looks at which groups of people subject to immigration control are and are not eligible for social housing in the light of changes to welfare and immigration rules and recent case law.
|Possession Claims Update 2015
||This presentation provides an update on new housing legislation, regulation and case law before going on to look at the issues faced by social landlords as the first flexible tenancies granted under the Localism Act 2011 begin to expire.
|Local Government Law Update 2015
||Recorded in April 2015, leading barrister Richard Clayton QC outlines and analyses the key local government cases of the preceding 12 months across a range of disciplines. Includes a comprehensive downloadable paper.
|The Commercial Council
||Michael Mousdale and Bradley Martin provide a practical and legal guide for council officers and lawyers looking to establish local authority trading companies.
|Information Law Update 2015
||Steve Wood, Head of Policy Delivery at Information Commissioner’s Office, outlines and discusses the implications of some of the key developments surrounding Freedom of Information, the Data Protection Act and the Environmental Information Regulations.
|FOI and Data Protection Update 2016
||This presentation reviews the main changes in the past 12 months in the fields of Freedom of Information and Data Protection, with an extended look at Monetary Penalty Notices and an overview of the latest developments in relation to property search charg
|Social Housing Fraud
||This presentation identifies the main types of social housing fraud committed, the remedies available to tackle it and provides guidance on which are most suitable for particular types of fraud.
|Governance and Monitoring
||This presentation focuses on four topical areas of local authority governance: employee surveillance (including on social media), decision-making (pecuniary interests, bias, and committee make-up), whistleblowing and the counter-terrorism Prevent duty.
|Managing Cuts Lawfully
||This presentation looks at how legal challenges to decisions resulting from budget cuts can be avoided, mitigated and defended, focusing on the two grounds of challenge which appear most frequently unlawful consultation and breach of the PSED.
|Homelessness Update: Vulnerability and Intentionality
||This presentation highlights and analyses the landmark decisions of the Supreme Court in determining “vulnerability” under the Housing Act 1996 and whether somebody has made themselves intentionally homeless.
|The Anti-Social Behaviour, Crime and Policing Act : One Year On
||A little over a year on from its implementation, this presentation looks at the effect of the Anti-Social Behaviour, Crime and Policing Act 2014. This short presentation focuses on the use of the new civil injunction powers and Criminal Behaviour Orders (
|Housing: Key Developments in 2015
||Ranjit Bhose QC, Dean Underwood and Tara O’Leary present an update on key developments in housing law, focusing on recent changes to the right-to-buy regime, judicial alterations to allocations policies and welfare reforms.
|Implementing the Care Act: Legal issues for local authoritie
||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.