www.localgovernmentlawyer.co.uk - unique visitors in January: 34,646.
JOBS OF THE WEEK:
Changes to functions and responsibilities regulations "unworkable", warns top lawyer
Leading local government lawyer warns that some of the proposals in the DCLG consultation on changes to the regulations on local authorities’ functions and responsibilities are “unworkable” and unjustified
Legal Services Board questions need for restrictions on in-house lawyers
Super-regulator tells SRA and others to justify regulatory restrictions in practising rules for in-house lawyers, as Kent's Wild asks why separate rules for this part of profession are required at all
Leader rows back on plan to axe chief exec role after legal advice
Cross-party review will now take place ahead of return to full council
PM: Staff and members to face criminal offence of 'wilful neglect' over CSE
Government to consult on extending new criminal offence of ‘wilful neglect’ of patients to children’s social care, education and elected members, Cameron says.
Borough defeats challenge over consent for £120m regeneration scheme
Gravesham wins High Court battle over grant of planning consent for scheme for the town's Heritage Quarter, with judge rejecting claimant's arguments on delegations to planning officer
Council fails to get development plan document action by parish struck out
Local authority attempted to have legal challenge brought by parish – seeking to quash development plan document containing Core Strategy adopted for area – struck out for being out of time
Council served with direction requiring it to stop publishing weekly newsletter
Greenwich first to be served by Eric Pickles with direction requiring it to comply with Code of Recommended Practice on Local Authority Publicity and cease publishing Greenwich Time newsletter on weekly basis
Disabled adult wins High Court battle with council over charges for services
Judge finds that county's policy exaggerated individuals' contributions in case claimed to have national implications
Supreme Court to rule next week on evictions and disability discrimination
Eagerly-awaited judgment in eviction case between affordable homes provider and tenant suffering from post-traumatic stress disorder
MAJOR OPPORTUNITIES - APPLY TODAY! Kent Legal Services is hiring for the following positions: Kent: Lawyer - Planning and Highways, Lawyer - Employment and Education, and Lawyer - Contracts and Procurement.
Other councils recruiting on LGL this week are:
INTERIM ROLES: Senior Contracts Lawyer/Team Leader, Litigation Lawyer, Contracts & Procurement Lawyer, Regeneration Lawyer, Litigation/Prosecutions Lawyer. To see all roles on LGL, click here.
MORE NEWS STORIES....
Court fee hike to take effect early
Sharp rise to take effect from Monday (9 March) after House of Lords approves Government's proposed increase in cost of bringing civil claims of more than £10,000
Blow for MoJ as regulations on judicial review and legal aid ruled unlawful
Introduction through regulations of “no permission, no fee” arrangement for making a legally aided application for judicial review was unlawful, Divisional Court rules
Planning Inspectorate issues advice note for councils on Planning Act 2008 regime
Note provides overview of special role in nationally significant infrastructure projects regime "to enable authorities to target their resources more appropriately and effectively"
Review finds 370+ children at risk of child sexual exploitation in Oxfordshire
Report finds national guidance not followed and available legal tools not used
Taxi driver to pay £1,700+ after unlawfully plying for hire in another area
Dacorum prosecutes taxi driver licensed by another local authority for unlawfully plying for hire in its area
Best value guidance to be revised over 'gold-plating' of PSED
DCLG consulting on proposal to revise the best value statutory guidance and stress that authorities should not ‘gold plate’ the public sector equality duty contained in the Equality Act 2010
Judicial mentoring scheme launched to support under-represented groups
Judicial Office launches scheme aiming to address under-representation of women, Black, Asian & Minority Ethnic (BAME) lawyers in judiciary
Guidance issued on PQQs now Public Contracts Regulations 2015 in force
Cabinet Office and Crown Commercial Service also issue guidance for contracting authorities and suppliers on paying undisputed invoices in 30 days
EAT rejects appearance of bias claim over judge who was school governor
Employment Appeal Tribunal dismisses claim that there was the appearance of bias when judge who was a governor at a school in Surrey sat on a case involving another school in county
Three more councils monitored over delays in responding to FOI requests
Birmingham-based housing association to set up £500k+ legal panels
See all of our most recent news stories
EVENTS AND TRAINING
The Inaugural Hart & Bloomsbury Publishing State Aid Conference 2015
The conference promises to be of extremely high quality, with an excellent chair and panel of speakers dedicated to analysing developments in State Aid law in 2015.
LGG Weekend School in association with Lawyers in Local Government
16th - 18th April, Exeter. Book now!
New webinars on Local Government Law TV
|Achieving Better Ethics Across Public Service Provision
||David Prince CBE, independent member of the Committee on Standards in Public Life, outlines his organisation's proposals for ensuring that outsourced providers of public services are subject to the same ethical standards as public sector organisations.
|Procurement and State Aid Reforms – The Commercial Impact
||This course investigates how the new procurement rules and changes to the state aid regime will practically affect local authorities investors in public service delivery, trade in services or generally act as a catalyst in economic development.
New articles on Local Government Lawyer
Last call - the functions and responsibilities consultation
The deadline for responding to the Local Authorities (Functions and Responsibilities) Regulations consultation is fast approaching. Judith Barnes explains why it is very important for local authorities to comment on the proposed and, in some cases, "unworkable" changes.
Going into 'purdah'
Olwen Dutton sets out some of the key issues in relation to local authority decision-making during the pre-election period.
Judicial supervision and decisions of the Executive
A group of local authorities in South Yorkshire and Merseyside last month narrowly lost a Supreme Court battle over the Government's allocation of EU funds. Nicholas Dobson considers the wider lessons to be learned.
There is no alternative
Did the Supreme Court judgment in Moseley change the principles of consultation? Richard Clayton QC analyses the impact of the ruling and subsequent court decisions.
In defence of small licensees
A recent case gives hope to small licencees faced with losing their premises licence, writes Philip Kolvin QC.
Social housing case bulletin
Anne Hayward and Jonathan Hulley provide an update on the latest cases affecting the social housing sector.
Defining 'establishment': the Woolworths case
In the latest stage of the Woolworths redundancy case, the Advocate General has suggested a return to a previous definition of 'Establishment'. Allison Cook considers the implications for public bodies including local authorities.
The Newhaven TVG case and local authorities
The Supreme Court decision on the status of the beach at Newhaven in East Sussex is but the latest in a string of important decisions on town and village greens. Antonia Murillo analyses its impact on local authorities.
Health and the Public Contracts Regulations 2015
Ruth Connorton and Carole Poletti look at the impact of the Public Contracts Regulations 2015 on the procurement of healthcare services and what this means for clinical commissioning groups, NHS England and NHS Trusts.
EVENTS OF THE WEEK: 12 College Place is holding two Planning and Environmental Law conferences in Exeter on 13 March and York on 26 March.
FEATURED SUPPLIER: Joanna North Associates provides training and therapeutic consultancy for children, adults & families. Expert witness and Ofsted inspected adoption support agency.
The latest blogs...
New PINS advice for local authorities on NSIPs by Angus Walker
This entry reports on a new advice note issued by the Planning Inspectorate, The role of local authorities in the development consent process
Ten requests to use the Planning Act regime
Been away? Features on Local Government Lawyer recently include:
Adult Social Services: When informality is inappropriate
The Court of Protection team at 39 Essex Chambers
examine a hard-hitting Ombudsman report into a council's treatment of a man with dementia and his family.
Children: Child abuse inquiries - a ticking bomb
How might the Goddard Inquiry and other investigations affect councils where it is alleged that children in their area were abused? Ashley Underwood QC
and Bryan McGuire QC
consider the possible impact.
Education: Discrimination – tendency to physical abuse
A three-judge Upper Tribunal panel has considered the exclusion of a tendency to physical abuse from the definition of disability under the Equality Act 2010. Rachel Kamm
analyses the ruling.
Employment: Overtime and annual leave
reviews the key developments in relation to pay when an employee is on annual leave, including the Bear Scotland
ruling and prospective Government guidance.
Employment: Composite reasons for dismissal
The Employment Appeal Tribunal recently considered the fairness of a dismissal where the employer's reason for dismissal was the cumulative effect of a number of incidents. Simon Lambert
considers its ruling.
Governance: Open and honest reporting
outlines the key themes and practical steps for local government arising from Robert Francis QC's review of how to create an open and honest reporting culture in the NHS.
Housing: ASB and family members
The Court of Appeal has handed down an important ruling in relation to possession orders against tenants due to anti-social behaviour caused by a family member. Karl Anders reports.
Licensing: Departing from a cumulative impact policy
When should a licensing authority depart from its cumulative impact policy and grant a new premises licence? Paddy Whur
reports on a recent decision in Cardiff.
Litigation: Costs warning
Litigation between a local authority and its former head of property shows that unreasonable incurred costs can impact the overall budget for a case. Victoria Sugden
Planning: Direct action under s. 178 TCPA
The High Court has dismissed a claim for judicial review of a decision by a local planning authority to take direct action to remove travellers from a site pursuant to s.178 TCPA 1990. David Lintott
Planning: Administration and monitoring costs in s. 106 obligations
Can authorities claim admininstration and monitoring fees as part of planning obligations? Alex Round
reports on a recent High Court ruling.
Procurement: The Public Contracts Regulations 2015 arrive
With the Public Contracts Regulations 2015 coming into force this week, Ruth Connorton
and Hannah Chapelhow
provide a reminder of some of the key obligations that this brings and issues procurement professionals should be on top of.
Property: Beaches and village greens: the Supreme Court view
The Supreme Court this week handed down its ruling in the Newhaven Beach village green case. George Laurence QC
analyses the judgment.
Property: Assets of Community Value and planning control
and Sara Wex
look at assets of community value and the Government's latest plans in relation to pubs and permitted development rights.
Regulatory: Risk and recyclables
and Gayle Monk
assess the implications of the Environment Agency's recent announcements on the “risk-based regime” to the separate collection of recyclables.
Annual corporate subscription that will provide access to a full year of CPD accredited legal training for your lawyers and your client departments.
What is included?
Who can take the training?
- unlimited access to the full library of webinar content for 12 months
- the option to purchase DVD copies of the webinar training
- discounted rates offered to attend LGG training courses
What is the cost?
- lawyers and other professionals within your team, each of whom will be provided with personal login to enable them to earn and keep a record of their individual CPD credit.
- members of your client departments, such as the child protection team, trading standards officers, planners, procurement professionals or social workers. On purchasing a corporate subscription, a client account login will be provided for use by your client departments to view online content at no extra charge.
- the cost relates to the numbers of individual registered users per authority, excluding those who use the client account. These users will be registered for the full year of the subscription with the option to replace a registered user if somebody leaves the authority during the year of subscription. Option 1 below
- a DVD option will supply a DVD for every webinar booked – Option 2 below
- in addition to option 1 a DVD can be purchased for an individual webinar at an additional £15 + VAT if required. This can be ordered when booking the webinar
- for a shared legal service serving more than one authority area, references to the number of registered users are to the combined aggregate number of users from the relevant authorities
- registered users of a corporate subscription will benefit from discounted offers to attend LGG training events during the 12 months.
How to register for a corporate subscription
|Local authority with up to 10 registered users
|Local authority with 11 – 30 registered users
|Local authority with more than 30 registered users
|Law firms with up to 20 registered users
|Law firms with 20+ registered users
Individual subscriptions can be purchased online here
To set up a corporate account please contact Derek Bedlow on 0207 239 4917 or by email
giving details of your authority, the number of users you would like to register and if you would like to take the DVD option for all booked webinars.
We will then contact you within 24 hours to confirm this subscription has been set up. The corporate subscription members will then be able to register on the site and instantly access the webinar training.
, if you would like to pay-as-you-go
for webinar training by setting up a corporate pay-as-you-go account for your authority a monthly invoice will be produced and a 10% discount will be applied to all purchases by members of your authority.
There is also the option to take a free trial of a webinar
(which includes CPD credit). Register as a user
and add your preferred course to the cart. During the checkout process, enter FREE TRIAL in the box where indicated (don't forget to click 'Submit'), and the cost of your course will be reduced to zero. Complete the process and your course will be instantly available to view and you can watch it as many times as required for 30 days, from any computer or most mobile devices.
Click here to see all courses on Local Government Law.tv (119)