Editor's blog: Classically trained
The summer may have belatedly arrived in the last few days but there has been no let-up in the news. In this bumper edition we have 20-plus news stories (with the Supreme Court looming large) and nine features on a wide range of subjects.
But I would like to take the opportunity this week to flag up our sister site, Local Government Law TV
. We are steadily adding new courses from top law firms and chambers – the latest presentations include St Philips on Judicial Review and Governance
, Social Media in the Workplace
, The Public Sector Equality Duty
and Consumer Protection from Unfair Trading
. You can watch these at a time and place that suits you. Remember the first course is free.
I am a great believer in the site and thankfully the feedback has been extremely positive. Interest has been growing considerably in recent weeks and – to give it a further boost – we have now reduced the costs of most of our courses by 60% for the duration of the summer. This means the typical cost of a course is between £14 and £20 (plus VAT). We can also set up bespoke deals for individual legal departments and for consortia, making the site a great way of making budgets stretch as far as possible. For more information, contact my colleague, Derek Bedlow, on 020 7239 4917 or by email
Apply today: Derbyshire Dales is looking for a Solicitor and Deputy Monitoring Officer to lead its busy in-house legal team. Or how about these posts: Interim Assistant Head of Law, Head of Legal, Head of Legal & Democratic Services and Legal Advisor - Complex Complaints.
Government guidance urges more targeted approach to consultations Proportionate approach would see end to default 12-week period
Supreme Court issues key ruling on revocation of planning permissions and costs Local planning authorities can take into account the compensation they would have to pay
Age assessment still an issue despite Supreme Court ruling: Children's Commissioner Positive changes since A v Croydon but also unintended and more negative consequences, says report
Disabled claimants launch appeal in battle over 'critical-only' care policy High Court judge earlier this month refused permission to bring judicial review proceedings
Council fends off JR over cuts to youth services Judge rejects claims of breach of section 507B of the Education Act 1996 and public sector equality duties
Supreme Court to rule on costs orders against public authorities in fact-finding hearings in care proceedings Court of Appeal overturned trial judge ruling and ordered council to pay
Campaigners launch JR over conversion of primary school to academy Law firm for claimant advances four grounds for challenge, seeks expedited hearing
DCLG to narrow focus of new offence of unlawful subletting Department said it had taken into account existing sanctions
York becomes latest council to use Fraud Act for subletting prosecution Follows in footsteps of Camden and Westminster
Supreme Court to issue key ruling on succession to tenancies Highest court will consider interplay between common law rules and Housing Act 1985
MPs call on Ombudsman to "raise its game significantly" Committee calls for strict deadlines to be applied to cases LGO handles
LGA hails revised approach to passing on EU fines Statement of principles sets out how fines will be allocated
Curb excessive charges imposed by bailiffs, LGO tells councils Ombudsman urges authorities to consider contractual bar on double-charging
Mental health trust to retake cuts decision after legal challenge Changes to community mental health services could have seen up to 20% cuts in staff
DBIS consults on code of practice for enforcing age-restricted products rules Code will apply to all regulatory enforcement activities in England and Wales
LGO raps council for wrongly charging woman £5k in care top-up fees Ombudsman also criticises 'abdication of statutory responsibilities'
Scottish Whisky Association to take legal action over minimum pricing SWA will seek judicial review at Court of Session and file complaint with European Commission
Housing association names three firms to £660k framework agreement
Borough fights on after permission refused for JR of county incinerator scheme
DfT consults on simplifying approach to stopping up and diversion orders
Defra publishes regulations for circus animal licensing scheme
See all of our most recent news stories
New articles on Local Government Lawyer
Determining financial provision in adult social care
The Supreme Court's decision in R (KM) v Cambridgeshire CC was keenly awaited. Jonathan Auburn examines its significance for local authorities.
Time to take notice
Richard Auton and Jessica Cumming provide their top ten tips on Contract (OJEU) Notices.
Caroline Bywater analyses a planning case in the High Court that examined the protection of local businesses as a material consideration.
Aiming at the target
The issue of clusters of betting shops appearing on high streets has risen up the licensing agenda. Gerald Gouriet QC sets out a possible way forward.
Making the right choice of expert
An unusual case where there was controversy over the appointment of an expert in Court of Protection proceedings has potentially wide significance, writes the Court of Protection team at 39 Essex Street.
SEN and academies: the Upper Tribunal has its say
The approach of academies to admitting children with special educational needs has been controversial. James Cornwell analyses an important Upper Tribunal ruling.
Rights to Light – Ancient & Modern
Laura Tweedy looks at the current law in relation to rights to light and touches upon some of the problems faced by developers and landowners alike.
Stress testing: Hatton and Sutherland ten years on
In the first of two articles, Roy Woollard looks at developments in workplace stress claims.
Advance declarations to withdraw treatment
A recent case has highlighted the problems of expressing advance wishes to end life-sustaining treatment, and has addressed the issue of the costs of the Official Solicitor. Andrew Parsons considers the ruling.
Featured Courses on Local Government Law.tv
All courses are CPD-qualifying. Your first course is FREE.
All courses now also available on DVD
Top Ten Public Law Cases of the Past 12 Months Richard Clayton QC reviews 10 of the most important public law decisions of the past 12 months, including important judgments on community care provision, consultation, legitimate expectation, reasons and the public sector equality duty.
The Localism Act 2011 and Housing This package consists of four courses covering the major changes for social landlords and housing authorities brought about by the Localism Act 2011 - Flexible Tenures, Homelessness, Part 6 Allocations and Tenancy Strategies and Regulation.
Practicalities of Compromise This course provides some practical points on the art of compromise in litigation, with reference to recent case law, and looks at how to ensure that compromise agreements are legally valid and enforceable.
Noise Update This webinar concerns the subject of noise as a statutory nuisance. Referencing some of the more notable noise nuisance cases the presentation runs through the statutory duties and provides an overview of the key stages and enforcement mechanisms in place
Social Media in the Workplace The law has struggled to keep up with the implications of the use of social media at work. This course identifies where the main legal issues for employers are likely to arise and analyses the approaches that employers should take.
Age Assessments How will the courts determine whether an individual is legally a child or not? This course provides guidance on what evidence should and should not be taken into account when making a decision.
Effective Skills for Working Teams With the ever-increasing push for better performance and productivity the need for teams to be effective and have the ability to work well together is vital.
Unlimited access for 12 months Unlimited access to all online content on Local Government Law.tv gor just £199 + VAT with the option to add a full day LGG course for £150 +VAT, covering all of your annual CPD needs for less than £350 (+VAT).
Click here to see all courses on Local Government Law.tv (84)
The latest blogs...
UK guarantees infrastructure funding, or does?
by Angus Walker
The Chancellor has announced the launch of a new initiative to guarantee shortfalls in infrastructure funding in certain cases. This echoes the CBI's call for something similar at the end of May.
Snap judgement: Is your authority ready for the new standards regime?
....Yes - errant members beware
....What new standards regime?
Click here to vote now
And some you may have missed....
Adult Social Services: On your guard
Are problems emerging with how the deprivation of liberty safeguards operate? Lucy Series
sets out ten signs of trouble with the regime.
Children's Services: Zambrano carers and their eligibility
The ECJ decision in Zambrano
is significant in how it impacts upon applications under Part VII of the Housing Act 1996. Donald Broatch
sets out the approach authorities should take pending a possible Court of Appeal ruling.
Community Safety: To RIPA or not to RIPA
The days of local authorities being able to use surveillance powers to tackle dog fouling and littering offences will soon be over. Ibrahim Hasan
looks at what happens next.
Employment: Equal to the task? Jayne Flint
examines an Employment Tribunal ruling that South Lanarkshire Council's job evaluation under the 1997 Single Status Agreement did not comply with equal pay legislation.
Governance: All mapped out?
Camden Council has successfully overturned the controversial "squatters' roadmap" decision on appeal to the Upper Tribunal. Anya Proops
examines the ruling, which means the case will be remitted to a differently-constituted tribunal.
Healthcare: Balancing values
The Court of Protection team at 39 Essex Street
report on the recent high-profile case over whether it was in the best interests of a 32-year-old woman with anorexia to be fed against her wishes.
Housing: The role of mutuals in social housing Mike Gaskell
examines the place of mutuals in the social housing field and reports on the setting up of the novel Rochdale Boroughwide Housing structure.
Licensing: Casino licensing and collateral challenges
A decision from the High Court has wide significance in relation to later challenges to licence grants through the medium of statutory reviews, writes Philip Kolvin QC
. The judgment is of importance to public lawyers generally.
Litigation: A trip too far Michael Pether
and Hannah Mitchell
report on a recent Court of Appeal caes that highlights the importance of identifying the threshold for liability for local authorities in standard tripping cases.
Planning: Tilting at turbines Tensions between the localism agenda and the presumption in favour of sustainable development will lead to protracted battles before local planning authorities, planning inspectors and the courts over wind farms, writes David Merson.
Procurement: The show must go on
What can you do when a contractor is unable to deliver? Emily Heard
and Laura Brealey
look at the options available to public authorities.
Projects: The National Planning Policy Framework - now the dust has settled
It is three months since the National Planning Policy Framework came into effect. John Bosworth
looks at the lessons learned so far.
Property: Emergency ahead! Works in progress Michael Salau
reports on a significant ruling for local authorities seeking to persuade owners of derelict buildings to carry out repair works.
Regulatory: Injunctions: a no-brainer?
Local authorities should consider making greater use of injunctions to ensure compliance with planning and environmental laws, argues Jack Smyth