JOBS OF THE WEEK: Bedford Borough Council: Senior Solicitor - Legal (£45,240 to £48,164); Senior Solicitor - Adult, Children and Education (ACE) team; Solicitor - Legal (£40,254 to £43,785); Solicitor - ACE team; and Property Lawyer. Closing date: 12 May.
Borough council loses appeal over compensation for pier closure "Bitterly disappointed" local authority mulls further appeal in dangerous structure case, calls on LGA to lobby for change in law. Payout reportedly worth £2m
DCLG publishes new Local Government Transparency Code Key principle is that local authorities must make available all information they hold unless there is a compelling reason not to, says Government. See also: Watchdog questions transparency code for parishes with sub-25k turnover
Council wins appeal over quashing of golf course planning permission Court of Appeal finds in favour of district and developer over controversial hotel and golf development but campaigners hope to take case to Supreme Court
Businessman ordered to pay out £40k+ over listed building offences Prosecution by borough council over works to Grade II property also sees another individual and two companies pay fines and costs
Report urges wider use of Family Drug and Alcohol Court process Independent evaluation found that parents who went through FDAC more likely to be reunited with their children
Practitioners give broad welcome to revised Public Law Outline: research Call for additional flexibility to extend case management hearing beyond Day 12, and greater clarity on complex cases requiring extensions beyond 26 weeks
Capita secures its first regulated legal business after Optima nets ABS status Issue of licence by SRA paves way for takeover
CCG faces judicial review over consultation with patients on procurement Claimants' lawyers say there is clear legal duty to involve patients in procurement of £500m of health care services but CCG says it processes are robust
DON'T MISS OUT ON THESE GREAT JOBS:
LOCUM ROLES: There are some fantastic posts available including: Legal Services Manager (£350-450/day), Experienced Civil Litigation Lawyer, Planning Locum, Contracts and Procurement Solicitor, Commercial Property Lawyer and Practice Manager. To see all roles on LGL, click here.
MORE NEWS STORIES....
Welsh Government hails landmark social services legislation First coherent Welsh legal framework in this field, it claims
Court of Appeal urges councils to help with bundles in care cases with LIPs It should be "standard practice" to contact court where appellants' bundles are deficient or non-existent, says Lady Justice Black
LGA hits out at proposed deregulatory measure on minicab licensing Stinging attack on new clause in Deregulation Bill that “would permit anyone to drive a licensed vehicle”
Counties still support LEPs, but fears remain over "fundamental weaknesses" County Councils Network finds concerns over structuring and accountability
Town councils attack failure to put community infrastructure levies in place 'Boles bung' yet to achieve its objective, says NALC committee
Government rules out LGPS fund mergers "at this time" Consultation instead proposes new approaches to management of listed assets and investment in alternative assets
MPs call for clearer role for "ineffective" police and crime panels Commissioners should not be able to evade scrutiny when they sack a chief constable, says select committee
Scottish plan for minimum pricing for alcohol heads to European court Court of Session makes request for preliminary ruling on whether proposals would breach EU law
NHS Property Services names 11 law firms to £22-42m panels
See all of our most recent news stories
KEY EVENTS AND COURSES:
FEATURED SUPPLIER: Edulaw Chambers provides specialist advice, advocacy and training in education law. It regularly acts for local authorities, schools/academies, as well as parents and young people.
New articles on Local Government Lawyer
Whose decision is it anyway? A decision to refuse to renew a sexual entertainment venue licence was recently scuppered by a constitutional issue. Nicholas Dobson examines the Bridgerow case...
...and in Keep it simple! The court's message to licensing authorities Tim Briton, LLG's Deputy Lead Officer for Litigation and Licensing, sets out the key lessons from the ruling for local government lawyers specialising in licensing.
Analysing the impact of Re B-S Tehniat Lindsay looks at the implications of Re B-S, the Court of Appeal's landmark ruling on adoption.
Why are local plans failing? Antonia Murillo analyses the duty to cooperate test and explains why some Local Plans have failed.
Plan-making and assessment of housing need
A “radical” National Planning Policy Framework change rendered a local authority's housing figures unsound, a High Court judge has ruled. Zack Simons reports.
Using, weighing and drinking: The Court of Appeal on capacity
In an appeal concerning whether an alcoholic with frontal lobe damage had capacity to decide where to live or what care he should receive, the Court of Appeal has provided important general guidance on the assessment of capacity in the Court of Protection. Bryan McGuire QC and Sian Davies report.
Mid-term contract reviews – what can they achieve?
Justin Mendelle examines the benefits of a mid-term contract review of outsourcing and PPP service contracts.
Delegation of children's social care functions
Olwen Dutton and Clare Taylor consider the Government's proposals to increase the ability of local authorities to delegate children's social care functions.
New courses on Local Government Law TV
All courses are CPD-qualifying. Your first course is FREE.
|Education Law Update
||This course looks at key education law developments over the past six months with a focus on the new SEN Framework due to be introduced in September 2014 and local authorities' liability for contractors' negligence following Woodland v Essex CC.
|Inquests: The New Regime
||This course outlines the predicted effects of the recently implemented Coroners and Justice Act 2009 and assesses their implications for local authorities, both as facilitators of the coronial system and when directly involved in inquests.
Departmental subscriptions from £249 + VAT for 12 months unlimited access (LLG members). Click here for details.
The latest blogs...
First example of good documentation published by Angus Walker
This entry reports on the publication of the first example of a recommended application document.
Snap judgement: Is the role of monitoring officer worth the risk?
...Yes, it's a key role that is valued by my authority
,,,It's an occupational hazard of the head of legal role
...No, the risks outweigh the rewards and status
Click here to vote now
Been away? Features on Local Government Lawyer recently include:
Adult Social Services: A fair hearing for those without hearing
In upholding an appeal against care and placement orders, the Court of Appeal has provided important guidance for cases involving parties with a disability. The Court of Protection team at 39 Essex Street
consider the implications.
Children: Changes to procedures for school re-organisation
The Department for Education has recently published slimmed down guidance on changes to maintained schools. Catherine Newman
considers the reforms.
Employment: Wishing, hoping and TUPEing
This month the Employment Appeal Tribunal has considered what is meant by an 'intention' that a contract will be short term and, therefore, exempt from TUPE – can it be a 'hope' or a 'wish' that the contract will be short term, or does it need to be more concrete? Sarah Lamont
Governance: Local authority data retention: Upholding human rights
and Emma Godding
consider the significance of two judgments on data retention by public bodies, one where it was found to be lawful and the other where the authority involved came unstuck.
Housing: Homelessness, affordability and reasons
Morayo Fagborun Bennett
and Andy Lane
highlight the key lessons to be learned from a Court of Appeal homelessness case.
Licensing: Calling their bluff?
A London borough recently secured the first prosecution for money laundering in relation to a gambling den. Dominic Lewis
explains what the case involved.
Litigation: Giving the green light to (minor) unlawfulness
A provision in the Criminal Justice and Courts Bill in relation to granting permission for judicial review could have a major impact, writes Alexander Campbell
Management: Death by spreadsheet - Local government brain drain
examines the risks to local authorities pursuing costs savings by dispensing with senior legal talent.
Planning: Turbines, heritage assets and merits
Does a recent Court of Appeal ruling mark a change in the wind in relation to decision-makers and a key duty under the Listed Buildings Act 1990? Gordon Nardell QC
and Justine Thornton
analyse the judgment.
Procurement: Are VEATs really 'Get out of jail free' cards?
considers the advantages - and potential problems - arising out of the use of voluntary ex-ante transparency notices.
Projects: Corporate governance and local authority investment vehicles
examines how corporate governance disciplines essential in the private sector need to be factored into the governance of local authority companies and other partnerships.
Property: The cost of nature – the burden on local authorities
looks at the issues raised for local authorities by events such as flooding, rock falls and land slips, and sets out what steps they should consider taking.
Regulatory: Challenges in the Consumer Rights Bill
identifies some of the key issues arising for local authorities and their trading standards teams out of the Consumer Rights Bill.
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