Planning Court hears key case on residential gardens and brownfield land
Key issue is whether some private residential gardens can be considered brownfield land, amid reports that it could potentially signal return to so-called “garden grabbing”
Lambeth and Southwark to re-procure £12-24m barristers framework
London boroughs of Lambeth and Southwark to re-procure their barristers framework, which is estimated to be worth between £12m and £24m over four years
Competition watchdog warns councils over high-strength alcohol schemes
Competition and Markets Authority reminds local authorities that schemes aimed at reducing consumption of high-strength alcohol must not breach competition law
Lincs councils "on track" for shared service launch including legal in April
Two local authorities say this week that proposed shared service including legal services is on target for launch in April 2016
Council ordered to pay £65k over death of vulnerable man at day centre
Local authority ordered to pay nearly £65,000 in fines and costs after vulnerable day visitor choked to death at one of its care centres
Council invites tenders for £1.28m in legal services for adults and children social care
Royal Borough of Windsor and Maidenhead calls for tenders for provision of £1.28m-worth of legal services for Adults and Children's Social Care
Government to change adoption law to address fall in court orders
Ministers to change law to make prioritising lifelong stability for vulnerable children with loving family a legal requirement, in bid to address major reduction in court orders
Council obtains final injunction over demolition of historic pub
High Court judge grants final injunction to Westminster Council preventing any further demolition works or other unauthorised development on site of historic public house in Maida Vale
Housing associations "must fight back" against EPA claims
Law firm Devonshires urges housing associations to “take a stand” against what it claims is rising number of prosecutions being brought by tenants under Environmental Protection Act
Housing trust ordered to pay £210K after employee injured by ride-on mower
Social landlord ordered to pay £210,000 in fines and costs after worker suffered severe injuries to his left hand when it was struck by metal blade on ride-on mower (On Public Law Today)
Local government law specialist Paulin moves to 4-5 GIS
Goodman takes legal advisor role at Avon Fire & Rescue
Bhogal to head London healthcare advisory team at Hill Dickinson
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Kent’s Wild to appear before Commission on Freedom of Information
Director of Governance and Law at Kent County Council to give evidence before Independent Commission on Freedom of Information
Community Infrastructure Levy has value but implementation is variable: RTPI
CIL has its value, but there appears to be significant variation in the way it is implemented, Royal Town Planning Institute says in submission to government review
TfL halts tube station closure plans after legal threat from council
Transport for London agrees to halt plans to close tube station for eight months to carry out lift repairs, after being threatened with legal action by Islington Council
Give clear advice on disability payments, says LGO as council pays £7k
Local Government Ombudsman urges councils’ adult social care teams to provide clear advice to service users on “often complex” system of disability payments
LGO reminds councils to offer care placements without need for top-up fees
Local Government Ombudsman warns councils that, when arranging care, they must offer families option of nursing or care home placement which does not need top-up fee
MPs criticise “unclear” role of Regional Schools Commissioners
Regional Schools Commissioners occupy increasingly powerful position in education system but their role is “unclear, even to key partners in the education sector”, claims Education Committee
See all of our most recent news stories
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New articles on Local Government Lawyer
Homelessness: the elderly and vulnerable adults
LexisPSL Local Government and Elizabeth England set out the duties owed by local authorities to those presenting as homeless, and the particular issues that affect elderly and vulnerable adults.
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 explains.
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.
The trials and tribulations of planning challenges
Antonia Murillo and Sara Wex look at planning statutory reviews and how they differ from judicial reviews
Back to work
The Government has modified its approach to the recovery of public sector exit payments. Allison Cook reports.
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.
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 reports.
ON PUBLIC LAW TODAY
Loans and students not settled in UK
Rachel Kamm reports on the latest instalment in a long-running tale about students who are not eligible for student loans because of their immigration status.
When medical treatment becomes a crime
A recent case highlighted the rare circumstances in which a doctor can be convicted of gross negligence manslaughter. Majid Hassan, Joanna Bower and Ed Mellor consider the criteria needed to establish this offence.
The latest blogs...
Government starts removal of onshore wind from Planning Act regime - by Angus Walker
This entry reports on statutory instruments that will remove onshore wind fro the Planning Act 2008.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: So that was 2015
Alex Ruck Keene
provides a mini-review of developments in relation to mental capacity.
Adult Social Services: Best interests analyses and capacity assessments
Mr Justice Mostyn has reminded fellow judges that, when dealing with a patient whose treatment decisions will be handled under the Mental Capacity Act 2005, the wishes and feelings of that patient should be confined to the best interests analysis. Richard Jolly
, Tony Yeaman
and Beth Buchanan r
Adult Social Services: Findings of fact and welfare arrangements
The President of the Court of Protection has declared that a fellow COP judge had not erred in failing to make findings of fact in relation to the events which triggered the proceedings of a 30-year-old woman lacking mental capacity. Morris Hill
and Ken Slade
examine the ruling.
Children: Section 20: Conscious uncoupling
looks at the President of the Family Division's important comments on local authorities' use of section 20 of the Children Act.
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.
Children: Immigration age assessments and Merton
The Court of Appeal has recently considered issues raised by immigration age assessments and the Merton
guidance. Matt Donmall
Children: Looked after children and deprivations of liberty
A judge has recently ruled that a local authority cannot consent to the deprivation of liberty for a Looked After Child, writes Harjinder Sandhu
of Coventry City Council.
Children: Expect the unexpected
Kent County Council recently obtained a High Court order requiring the return of a 13-year-old girl who had been taken to Sudan and was feared to be at risk of female genital mutilation. Graeme Bentley
of Kent Legal Services explains what the court proceedings involved.
Education: Unauthorised absence from school
What happens if a parent refuses to pay a penalty notice for their children's unauthorised absence from school? The LexisPSL Local Government
team sets out the key points.
Education: SEN funding comparison costs
and Ken Slade
analyse a recent Upper Tribunal decision intended to bring clarity to SEN funding comparison costs cases.
Education: Religious education and state impartiality
A High Court judge has issued a significant ruling on the law governing the teaching of, and curriculum-setting for, religious education in schools and academies. Paul Greatorex
analyses the judgment.
The High Court has found that a council breached the substantive legitimate expecation of a 21-year old man who was statemented and to whom it provided support. Tom Cross
looks at the reasons why.
Employment: New Year, new employment law
January 2016 heralds a number of important employment law changes, writes Louise Singh
Employment: The Court of Appeal on disability discrimination law
Disability discrimination law has been clarified by a significant Court of Appeal ruling, but it remains complex when applied to ill-health absence, writes Phil Allen
Employment: TUPE transfers and change in identity of employer
The Employment Appeal Tribunal has recently considered TUPE transfers in the context of joint employment and multiple transferee/transferor cases. Peter Edwards
, Ron Simms
and Raj Basi
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.
Governance: The Modern Slavery Act 2015
and Peter Wake
consider what the Modern Slavery Act 2015 will mean for the public sector.
Healthcare: Conditional discharge and DoL
An Upper Tribunal judge has handed down a key ruling on conditional discharges and deprivations of liberty that has wider implications. The Court of Protection team at 39 Essex Chambers report.
Healthcare: Producing reports for children proceedings: a practical guide
Jane Bennett outlines some of the areas of focus for healthcare professionals asked to prepare a report for children proceedings.
Housing: A chink in the armour
A High Court judge has ruled that the Government's benefits cap unlawfully discriminated against disabled people by failing to exempt their carers. Alexander Campbell
reports on the judgment.
Housing: Homelessness roundup
rounds up of some of the most important Court of Appeal rulings this year in the homelessness field.
Housing: The HCA on consumer complaints
The Homes and Communities Agency has outlined its approach to dealing with consumer complaints. Daniel Milnes
Information Law: The New EU Data Protection Regulation
The introduction of a new EU Data Protection Regulation has moved a significant step closer. Ibrahim Hasan
highlights the key points.
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: Exempt lotteries and deregulation
The long-awaited relaxation of rules on exempt lotteries has finally been announced, writes Anna Mathias
Licensing: Shadow licences – a cause for concern or not?
considers the law on so-called “shadow licences” under the Licensing Act 2003.
Licensing: The impact of cumulative impact
Philip Kolvin QC
reports on two recent licensing cases concerning the application of cumulative impact policies.
Licensing: Gambling licensing and risk prevention
The Gambling Commission has published the 5th Edition of the Guidance to Licensing Authorities. Stephen McGowan
looks at what is new.
Licensing: Costs awards in licensing appeals
A group of residents in Mayfair were recently ordered to pay the licensing appeal costs of another group of residents. Gary Grant
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.
Litigation: Part 36 offers
The High Court has issued what is thought to be the first ruling on whether a Part 36 offer was a genuine attempt to settle. Andrew Cousins
reviews the outcome of an age assessment case involving a local authority.
Litigation: Vulnerable parties, witnesses and children in the family courts
With a consultation on new rules having just closed, Amanda Johnson and Kate Tompkins provide a useful reminder of the factors to be taken into account when approaching the multiple problems arising from cases involving vulnerable witnesses.
Litigation: A respondent's right to a fair committal application
Toby Huggins sets out some of the key provisions to be borne in mind if committal applications are to succeed.
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: What is a tree?
A recent Court of Appeal case concerned a tree replacement notice issued by a local planning authority. Martin Goodall
examines the outcome.
Planning: Tales from the tavern
The owner of a tavern lost a challenge against a planning inspector's approval for a block of flats neighbouring her premises which it was claimed might put her out of business. John Gaunt
Planning: The Housing and Planning Bill: consents with benefits?
considers how the Government’s proposed duty to list financial benefits associated with planning may create trip wires for development.
Planning: Trump’s tilt at windmills
James Findlay QC
analyses the Supreme Court's ruling in Donald Trump's challenge to an offshore windfarm and in particular highlights Lord Carnwath's significant comments on implied conditions In planning permissions.
Planning: Permission in principle: one step removed from prior approval and permitted development?
and Lee Ward
consider the implications of the Government's proposed introduction of 'permission in principle'.
Planning: Section 106 and switching planning permissions
The Court of Appeal has recently considered whether a developer could switch between two different planning permissions, so as to avoid planning obligations imposed by one of those permissions. John Hunter
analyses the ruling.
Procurement: Automatic suspension hearings
Has the bar been raised slightly higher for challengers to maintain an automatic suspension? Chris Jackson
and Richard Binns
Procurement: Ineffectiveness declarations
analyses a Scottish case where an ineffectiveness declaration has been made which, to her knowledge, is the first of its kind.
Procurement: More on 'living wages' in public contracts
The European Court of Justice (CJEU) has recently ruled on the extent that public authorities can require contractors and their sub-contractors to comply with regional legislation imposing a 'living wage'. David Hansom
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.
Property: Assets of Community Value: the latest rulings
Two new judgments have provided further guidance on the operation of the Assets of Community Value regime, writes Christopher Cant
Regulatory: High stakes
Significantly higher fines could be imposed for health and safety offences under new guidelines from the Sentencing Council. Helen Devery
looks at the likely impact on local authorities and their employees.
Regulatory: The 'Average Consumer' and reasonable care
The Court of Appeal has recently shed light on what the 'Average Consumer' should do with regard to taking reasonable care. Alan Conroy
looks at the lessons for local authorities when it comes to enforcement.
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.