Local Government Lawyer
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 LegalHead of Legal & Democratic Services and Legal Advisor - Complex Complaints

News headlines

ContractsGovernment 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

InjunctionDetermining 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.

Business matters
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.

Local Government Law.tv

Featured Courses on Local Government Law.tv

All courses are CPD-qualifying. Your first course is FREE.

All courses now also available on DVD


4-5 Gray's Inn SquareTop 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.

HardwickeThe 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.

PannonePracticalities 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.

EnCentreNoise 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

St Philip'sSocial 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.

4-5 Gray's Inn SquareAge 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.

ITCEffective 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.

LGLtvUnlimited 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)

BlogsThe 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.

Derbyshire Dales

Solicitor and Deputy Monitoring Officer

We are looking for an enthusiastic and capable Solicitor to lead a busy in-house team dealing with legal matters across the whole of the Council’s core services, and to take a personal interest in specialist areas such as RIPA, procurement, FOI, litigation and asset management.

Jobs of the week

Head of Legal
An excellent opportunity has arisen for a locum Head of Legal to work for a large local authority in the Midlands for a minimum of six months. 

Interim Assistant Head of Law
A public sector organisation is looking for an Interim Assistant Head of Law to join its legal services team on a locum basis. 

Head of Legal & Democratic Services
Our client, a public sector organisation based in the Birmingham area, is looking for a pragmatic Head of Legal to lead the internal team through what is an exciting period. 

Legal Advisor - Complex Complaints
In this permanent, full-time role, you will be responsible for providing legal support to the wider function, both to internal committees, the investigation function and senior management board. £65k p.a.

Other featured jobs

Adult Social Services Solicitor
An exciting opportunity has arisen for an experienced Adult Social Services Solicitor to join a local authority in the Midlands on a locum basis. 

Housing Lawyer
This well run and friendly local authority team based in London is seeking a Housing Lawyer to join for three months.

Planning Locum
An interesting opportunity for a Locum Planning Lawyer has arisen within a local authority in the Midlands. The position will be for at least three months with a high possibility of extension. 

Commercial Contracts Locum
A local authority in the North West is looking for a Commercial Lawyer. 

Planning & Envronmental Lawyer
This business is going from strength to strength and has established itself as a respected large commercial practice in the South West. 

Adult and Community Care Lawyer
This well run and stable team commutable from London is seeking an Adult and Community Care Lawyer for up to one year.

Committee Officer
A public sector client based in Merseyside is looking for a Committee Officer or Paralegal who has experience in taking minutes at committee meetings for a 3-6 month role. 

Property Solicitor
A local authority based in the East Midlands is looking for a Property Solicitor to join its legal services team on a locum basis. 

Childcare Solicitor
A large, well-respected local authority based in the North West requires a part-time Childcare Solicitor to assist on a three-day-a-week basis. 

Childcare Lawyer
A really nice local authority based in South West London is looking for a Childcare Lawyer to join them for an ongoing duration. 

Childcare Legal Assistant
An opportunity has arisen for a Legal Assistant on a contract/temporary basis in the South London area. You must have previous experience to be considered. 

Immigration Locum
A not-for-profit organisation offering advice on a full range of legal issues are keen to recruit a part-time Immigration Solicitor to cover a period of maternity leave. 

Planning and Highways Lawyer
This popular centrally located London borough is seeking a Planning and Highways Lawyer to join its team for a period of three months.

Litigation Lawyer
A public sector authority requires a Litigation Lawyer for a 3-6 month term. 
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