READY TO TRADE UP? BDT Legal (the London Borough of Barking and Dagenham and Thurrock Council) is looking to extend its focus on its traded work and needs a Legal Services Manager (£77,778) to work with the Director of Law & Governance to do this. BDT Legal is also recruiting two Advocates in Childcare (£55,383 - £59,331) for a new in-house team.
AIM FOR THE TOP:
LAST CALL: The closing date for these fantastic opportunities at HB Public Law is 29 February (Monday): Team Leader - Property, Senior Lawyer - Contracts, Procurement & Information, Senior Lawyer - Planning & Regeneration, Senior Lawyer - Property, Lawyer - Adult Social Care, Lawyer - Criminal Litigation, Lawyer - Contracts, Procurement & Information, Lawyer - Employment & Governance, Lawyer - Planning and Regeneration, Lawyer - Social Care, Lawyer - Property, Lawyer - Social Care, Legal Assistant: Commercial Team, Legal Assistant: Litigation and Social Care.
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Campaigners pursue judicial review over sale of sea-front land by council
Campaigners apply for judicial review of city council's decision to enter contract for sale, subject to planning permission, of seafront land in Whitstable
Court of Appeal to hear test case over impact of development on music venue
Owner of live music venue wins permission to take battle over effect of new developments on established licensed premises to Court of Appeal
Pupil wins High Court battle over transfer to off-site educational provision
Sixteen-year-old boy wins High Court challenge over school’s decision to transfer him to off-site educational provision. (ON PUBLIC LAW TODAY)
Judiciary consults on reforms to approach of courts to McKenzie Friends
Judicial Executive Board proposes introduction of code of conduct for those acting as McKenzie Friend, plus prohibition on fee recovery
North Wales social landlord names council and five firms to £1.2m legal panels
Cartrefi Conwy Cyfyngedig appoints county borough council and five law firms to legal panel worth an estimated £600,000 to £1.2m over four years
Transparency Project issues guidance on accommodation and s. 20 Children Act
Family Court transparency charity publishes guidance for parents and professionals on voluntary accommodation of children by local authorities
Ministers face judicial review challenge over Sunday Trading devolution
Group of organisations send pre-action protocol letter to the Government, warning of potential judicial review challenge over plans to devolve Sunday Trading regulations to local authorities
Swindon launches first-ever 'council solar bond' with investment platform
Borough council links up with peer-to-peer investment platform Abundance to launch what is claimed to be first ‘council solar bond’ in UK
MORE NEWS STORIES....
DCLG to pilot competition in processing of planning applications
Applicants for planning permission could be given choice of whether to submit their plans to local council, competing council or government approved organisation, ministers say
Winterbourne View report author calls for Learning Disabilities Commissioner
Sir Stephen Bubb criticises failure to introduce recommended legislation on rights
Ministers to set up first Mayoral Development Corporation outside London
Government to set up the first Mayoral Development Corporation outside London, in bid to transform former steelworks site in Tees Valley
LGO raps county council over lack of clarity on new school transport policy
Ombudsman launched investigation after receiving 64 complaints from parents after council changed way it offered free school transport to secondary school pupils
Watchdog to examine role of Department for Education in child protection
National Audit Office launches study into the role of Department for Education in overseeing and improving child protection system
ON PUBLIC LAW TODAY
BMA to bring legal challenge over imposition of junior doctors contract
British Medical Association to launch judicial review proceedings over Government’s plans to impose new contract on junior doctors in England in the summer. Legal action based on apparent failure to carry out equalities impact assessment
EU-US trade deal poses risk to ability of UK government to regulate NHS, says QC
Britain’s biggest union to send all UK politicians copy of legal advice it has obtained from barristers at Monckton Chambers on “real and serious risk” that Transatlantic Trade and Investment Partnership could pose to future ability of UK Government to regulate the NHS
Royal College of Nursing and NewLaw to launch ABS in April
RCN and legal services arm of stockmarket-listed group Redde confirm partnership to go ahead via alternative business structure in April
See all of our most recent news stories
TOP INTERIM ROLES: Senior Contracts & Procurement Lawyer (Central London), Senior Civil Litigation Lawyer (South West), Employment Lawyer (West Midlands), Senior Commercial Property Lawyer (West Midlands) and Childcare Lawyer (West Yorkshire).
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New articles on Local Government Lawyer
Is your Constitution due a health check?
With Annual Council only a few months away, now is the time to be checking your authority’s constitution, write Judith Barnes and Frances Woodhead.
The pooling restriction and infrastructure shortfalls
Christopher Cant considers how councils can cope with a potential infrastructure shortfall due to the pooling restriction.
Principle versus pragmatism
Is it lawful for a Houses in Multiple Occupation licence to restrict the use of a bedroom to a particular occupier, such as students? Alex Campbell analyses a recent Upper Tribunal ruling.
Re-organisation in the public sector
Andrew Tomlinson explores some of the employment law pitfalls that arise when public sector bodies attempt to re-organise.
Complaints and an 'act extending over a period'
The Employment Appeal Tribunal has suggested that different complaints may be considered together in deciding whether there has been an 'act extending over a period'. Allison Cook analyses the ruling.
Bidders supported by other entities
Can a contracting authority require a bidder that wants to rely on another entity’s expertise in making its bid enter into a contract with that other entity? Nathan Holden considers the issues.
ON PUBLIC LAW TODAY
The NHS Procurement Regulations: first case
The High Court has heard the first case considering NHS Procurement Regulations. Patrick Parkin and Richard Binns consider the outcome.
The latest blogs...
What would happen to infrastructure planning - and the UK - with Brexit? by Angus Walker
If the United Kingdom were to leave the European Union following the vote now announced for 23 June (between the group and knockout stages of Euro 2016), what would it mean for the world of infrastructure planning (and more generally)?
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: The Court of Protection and CICA awards
What part must the Court of Protection play in the finalisation of an award to an incapacitated person that the Criminal Injuries Compensation Authority has decided should be held on trust? David Rees
Adult Social Services: Care Act conundrum: recovering care home fees
Has the Care Act granted an amnesty on care home fees? Jonathan Auburn
Adult Social Services: Nursing care in care homes: who pays?
The Court of Appeal was recently divided over the meaning of ‘nursing care by a registered nurse’ under s.49 of the Health and Social Care Act 2001. Richard Gordon QC
, Emily MacKenzie
and Tom Pascoe
Adult Social Services: Capping homecare funding
Has the Care Act changed the legality of policies which cap homecare funding? Jonathan Auburn
considers the issues faced by local authorities.
Adult Social Services: Constrained choice can be true choice
The Upper Tribunal has recently considered whether the threat of recall to hospital from the community meant that the patient’s consent was not free and therefore invalid. The Court of Protection team at 39 Essex Chambers
analyse the outcome.
Children: Section 20 of the Children Act 1989 – local authority duties
LexisPSL Local Government
and Claire Cousin
outline a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989, identifying the challenges a local authority may face including parental consent and capacity.
Children: Problems with a fact-finding hearing
The Court of Protection team at 39 Essex Chambers
look at the lessons from a Court of Appeal ruling that a judge’s fact-finding exercise was fatally flawed.
Education: The OIA and judicial review
, Deputy Adjudicator, sets out ten principles from ten years of legal challenges involving the Office of the Independent Adjudicator for Higher Education. (ON PUBLIC LAW TODAY)
Education: Academy sponsorship details and FOI
A recent case in the First-tier Tribunal has served as a pertinent reminder that certain information relating to the funding of academies may be disclosed under the Freedom of Information Act 2000. Richard Auton
reports. (ON PUBLIC LAW TODAY)
Education: Wearing the veil in schools
The debate on the wearing of the veil in school continues, with the head of Ofsted the latest to weigh in. Clive Sheldon QC
looks at the legal background.
Employment: Injury to feelings payments and tax
analyses an important Upper Tribunal decision on settlements and the tax treatment of injury to feelings payments.
Employment: Can you speak English please?
A recent Employment Appeal Tribunal decision revisited the question as to whether an employer can instruct employees not to speak in a foreign language at work. Sejal Raja
and Michael Pine
examine the judgment.
Employment: On message?
The European Court of Human Rights has found that an employer was entitled to access an employee’s private Yahoo! messages (and to sack him). Robin Hopkins
analyses what the ruling means in practice.
Employment: TUPE and tasks of short-term duration
The EAT has provided guidance on whether post-transfer events can be taken into account when deciding whether to apply the exemption from the TUPE Regulations for tasks of "short-term duration". Anne Palmer
Governance: Devolution Act gets Royal Assent
Legislation aimed at delivering the Government's devolution agenda has received Royal Assent. Judith Barnes
sets out the key measures.
Governance: The revised consultation principles
The Cabinet Office has issued a revised set of consultation principles. Stuart Thomson
looks at the key changes.
Governance: 15 years of the Human Rights Act
Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC
talks to LexisNexis
about the past, present and future.
Healthcare: A human rights cautionary tale?
A recent High Court judgment involving claims against an NHS trust and an ambulance service dealt with the legal test for liability, causation and victim status. Francesca O'Neill
reports on the outcome. (ON PUBLIC LAW TODAY)
Healthcare: Corporate manslaughter and public bodies
The first prosecution of an NHS Trust for corporate manslaughter collapsed last week. Tracey Longfield
and Colin Moore
explain what the case tells us. (ON PUBLIC LAW TODAY)
Housing: Money, money, money - councils make the world go around
What do councils need to consider when on-lending? Jon Coane
and Gurbinder Sangha
look at the key issues.
Housing: Occupational rights, terminating tenancies
The Court of Appeal has provided clarification on whether a spouse who remains in the matrimonial home has continued rights of occupation if their partner has left the home and terminated the tenancy. Bukola Aremu
analyses an important ruling for local authorities and housing associations. (ON PUBLIC LAW TODAY)
Housing: Housing associations and the Right to Rent
considers the impact on housing associations of the introduction of the "Right to Rent" checks, which became compulsory on 1 February 2016. (ON PUBLIC LAW TODAY)
Housing: Bedroom tax challenge success
The Court of Appeal recently ruled that the so-called 'bedroom tax' was unlawful in its impact on victims of domestic violence and disabled children. Michael Deacon
examines the judgment.
Information Law: Data breach notification and the new EU Data Protection Regulation
looks at what the new EU Data Protection Regulation says about data breaches and the need for data controllers to notify.
Information Law: In theory - local authority data retention
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.
Licensing: Fuel on the fire
A restauranteur has recently lost an appeal over the revocation of the licence for a venue that was previously a petrol station. Philip Kolvin QC
Licensing: The cumulative impact policy in Leeds
Is Leeds’ new Cumulative Impact Policy the way forward? Paddy Whur
Licensing: Exempt lotteries and deregulation
The long-awaited relaxation of rules on exempt lotteries has finally been announced, writes Anna Mathias
Litigation: Early neutral evaluation
Changes to civil procedure rules mean greater use could be made of Early Neutral Evaluation, writes Marie-Claire O'Hara
Litigation: When experts go wrong
and Michael Fallow
report on a sorry tale from the Technology and Construction Court about when being an expert goes horribly wrong.
Management: Selling your services
deals with the question of what is permissible under the SRA's Handbook and the Legal Services Act 2007 for those local authorities looking to sell their services more widely.
Management: Shared services: key issues
LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.
Planning: EIA trumping
looks at the consequences when a planning decision was made while the Secretary of State’s EIA screening direction process was still pending.
Planning: CIL Review - can we fix it?
sets out ten potential reforms to the Community Infrastructure Levy.
Planning: Retail planning conditions and the Trump case
A High Court judge has upheld a retail planning condition and examined the application of the Trump
case in the Supreme Court. Douglas Edwards QC
and Sarah Sackman
look at the key issues.
Procurement: Kept in suspense
looks at an early ruling in one of the first disputes where the Court has had to consider the Public Contracts Regulations 2015.
Procurement: The ESPD: what do you need to do?
The European Single Procurement Document came into force from 26 January 2016. Ruth Smith
explains what it entails and the issues that remain unresolved.
Procurement: Conflicts of interest and procurements
A Court of Justice of the European Union ruling provides local authorities with some useful hints and tips for dealing with any conflicts that arise in their own procurement exercises. Carroll Dodd
Projects: Sweating your assets
How can local authorities get more from their assets without selling off the family silver? Owen Willcox
Projects: State aid - beware compound interest!
A recent case from the European Court of Justice (CJEU) serves as a useful reminder of the risks of getting state aid wrong and the consequences of a recovery order, writes Robert Prater
Projects: Comparing project management methodologies
LexisPSL Public Law
and Andy Cooke
of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile.
Property: Public law defences and sales of land
explores the availability of public law defences and promissory estoppel in the context of a contract for the sale of land.
Property: Breaking point
The Supreme Court has put an end to the confusion over break clauses, apportionment and implying contractual terms. Martin McKeague
and Emma Porritt
look at the key lessons from the ruling.
Regulatory: Environmental damage: What does this really mean?
For the first time, the High Court has considered in detail the scope of the concept of "environmental damage" under the Environmental Liability Directive and its associated regulations. Emma Duffy
and Rebecca Roffe
report on the outcome.
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.
|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.
|The Importance of Judicial Review
||This presentation draws on legal and empirically based research on the use and effects of judicial review (JR) to consider why and how this process matters to local authorities and whether the process improves the quality of decision-making.
|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.