Editor's blog: What is an acceptable level of risk?
There was one particularly intriguing aspect to this week's story on the need for the legal services department at Bristol City Council to deliver £230,000 in savings in 2013/14. Read more...
New Year, new challenge: Kent County Council is hiring a Senior Solicitor for its Planning & Highways Team and a Senior Solicitor/Barrister for its Social Services Team. Salary: £48,635-£54,496 per annum. The deadline is 12 pm on 17 January. Meanwhile, how about this role as interim Project Manager to deliver a shared legal services across four local authorities in the South East?
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.and Judicial Review from a Local Authority Perspective
Other recent additions include: Support for People from Abroad, Leaving Care, Age Disputes - Child or Adult?, Inter-authority Disputes, and s.17 or s.20 of the Children Act: Is there a duty to accommodate?, The Care and Support Bill and The Licensing Act 2003.
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Council mulls defamation action in own name following Localism Act changes Report from law firm says general power of competence allows move to go ahead. Independent councillors deny any wrongdoing
Council faces judicial review over maximum expenditure policy for care Claimants allege failure to conduct lawful consultation and have due regard to Equality Act duties
DCLG mInister urges councils to heed advice that EIAs are not a legal requirement Letter from Brandon Lewis to all leaders and chief execs follows CBI speech by PM "calling time" on equality impact assessments
City council legal department required to make £230,000 in savings Proposed measures include plan to decrease legal work on non-core elements and ceasing advice on non high risk cases
Khyra Ishaq estate and family members to sue Birmingham City Council Letter of claim alleges that local authority owed duty of care and its negligence played key part in longevity of abuse
Mystery Shopper procurement scheme saw 300+ investigations: Cabinet Office Progress report analyses most frequent complaints
Cabinet Office issues advice on Public Services (Social Value) Act 2012 Procurement policy note produced ahead of legislation coming into effect at the end of the month
Community venues to win exemption under entertainment deregulation Government response to consultation says certain protections will also be retained, including 11 pm end time for deregulated performance
MInisters consult on rationalising planning guidance after damning report Current system found to be "no longer fit for purpose", with some documents "wildly out of date". Single resource to be put together
Liverpool pursues city-wide compulsory licensing scheme for private landlords Plan follows London Borough of Newham becoming first council, from 1 January, to implement borough-wide scheme
MoJ to reconsider timing for extending RTA portal to EL/PL claims Judicial review threat from personal injury lawyers delays implementation of extension to employers' liability and public liability cases
Birmingham Law Centre issues funding appeal to council amid closure fears
Two bars in Newcastle agree £1.25 minimum unit price as licence condition
HSE consults on code for local authority health and safety inspections
DCLG consults on temporary stop notices and unauthorised traveller sites
See all of our most recent news stories
The Changing Face of the Public Sector.
Watch Lord Hutton of Furness address the ACSeS Development Forum 2012.
Click on the image to begin.
(Can't see the video? Click here for alternative version)
New articles on Local Government Lawyer
The practical implications of the Localism Act 2011
Olwen Dutton provides a checklist of the most significant Localism Act provisions which local authority lawyers should now have put in place, or should be considering putting in place, within their authorities.
On call hours - the legal issues
Graham Richardson considers the legal issues that arise from "on call" working, especially in relation to the National MInimum Wage and the Working Time Regulations.
FOIA update: part two
In the second in a two-part series, Eleanor Grey QC looks at key FOI decisions in the last six months on such issues as vexatious requests, crime fighting and confidentiality.
Detention in a care home and Article 8
The Court of Protection has approved arrangements for safeguarding the Article 8 rights of a man detained in a private care home. Richard Mumford examines the ruling.
Housing Revenue Account reform - what next for local authorities?
David Isaacson looks at the various options open to local authorities in the new housing finance landscape.
Due diligence on property disposals
How should public sector organisations disposing of sites approach replying to buyers' enquiries? Phil Lawrence outlines some of the issues that need to be considered.
The use of 'take or pay' clauses
The High Court has provided further confirmation that a 'take or pay' clause can be a penalty, writes Mark Alsop.
Establishing new faith schools
A High Court judge has rejected a legal challenge by the British Humanist Association to plans for two new Catholic schools in Richmond. Holly Stout analyses the outcome.
The latest blogs...
Ten infrastructure planning predictions for 2013 by Angus Walker
Everyone loves lists, so to kick off 2013, here are my top ten predictions for the Planning Act regime this year.
Snap judgement: Will the government's review of the judicial review process...
Decrease the number of judicial reviews
Increase the number of judicial reviews
Make no difference
Click here to vote now
And some you may have missed....
Adult Social Services: Setting up social impact bonds
Essex County Council has been at the forefront of the development of social impact bonds. Richard Curl
explains what was involved.
Children's Services: Redaction, anonymisation and child protection Robin Hopkins
examines the issue of redacting for anonymisation and the interplay between Article 8 and Article 10 in a child protection context.
Community Safety: Outright or suspended
The Court of Appeal has considered the correct approach to be taken in discretionary residential possession cases involving previous incidents of anti-social behaviour. Andy Lane
analyses the implications of the judgment.
Employment: TUPE or not TUPE
Case law on TUPE is creating significant uncertainty. Sarah Lamont
highlights the impact on cost and risk in staff transfers.
Governance: Library closures - learning the lessons
Local authorities looking to reshape their libraries service can easily end up having to defend a judicial review challenge in the courts. John Sharland
looks at how to avoid the pitfalls
Housing: Possession actions against introductory tenants Matthew Hyam
reports on a social landlord's successful High Court challenge to an adverse decision about the wording of a notice seeking possession against an anti-social introductory tenant.
Licensing: Varying a variation
A significant High Court decision has confirmed the common approach taken in relation to variation applications. Chris Grunert
analyses a significant ruling for licensing practitioners.
Litigation: Remedial action and freak accidents
The Court of Appeal has dismissed a claim from a 15-year-old girl who was injured at school before planned remedial work to a set of doors had been undertaken. Nick Holgate
examines the ruling.
Planning: Costs and environmental JR claims
The Ministry of Justice has published its proposals for a costs regime in environmental judicial review claims. Rose Grogan
assesses the plans.
Procurement: Know your duty
Contracting authorities are gearing up for implementation of the Public Services (Social Value) Act 2012. Queenie Que
addresses some of the issues raised.
Projects: Son of PFI
Will PF2 give a new boost for infrastructure? Craig Elder
assess key aspects of the Treasury's new model, including the procurement guillotine and proposals on reward sharing.
Property: Can't get no relief?
The High Court has handed down another important decision in relation to empty properties rate relief. Niall Murphy
analyses the case, which involved a local authority in the North West.
Regulatory: Testing times Paddy Whur
looks at who can be liable for committing an offence under s. 146 of the Licensing Act in relation to underage sales, as well as the defences under this section.
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Click here to see all courses on Local Government Law.tv (96) New courses due in the next few weeks include content on outsourcing, fostering and adoption, the Community Infrastructure Levy, mediation, shared services, child protection, redundancy, village greens and the NPPF. Other forthcoming content includes a webinar on resources and community care as well as updates on procurement and judicial review and a series of practical litigation courses including webinars on disclosure and preparing for trial.