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NEWS HEADLINES

Cinema operator in judicial review against council over stadium project

£44m stadium development faces delay due to judicial review brought by cinema operator Vue, but local authority reaffirms its commitment to project

Farm owners fined over 'Stoulton Stink' after court wins High Court appeal
Owners of farm responsible for smell known as 'Stoulton Stink' sentenced, after district council successfully appealed to High Court

Court puts demolition of estate on hold until hearing of second judicial review
Residents fighting proposed demolition of estate in Lambeth secure court order preventing its demolition pending hearing of judicial review

Housing association hit by resignations and downgrade over governance
"Fundamental breakdown in trust” sees stock transfer housing association’s governance rating downgraded by Homes and Communities Agency. Housing association failed to tell regulator it knew board members had not been properly appointed in 2011
MUST-READ: Standards of highway maintenance
This LexisPSL Local Government article, produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
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UT in guidance for where parents cannot agree on school in SEN statement
Upper Tribunal issues guidance to tribunals about dealing with cases where parents cannot agree on maintained school to be specified in their child’s statement of special educational needs

NHSLA begins search for mediation provider for two-year deal
NHS Litigation Authority kick-starts search for mediation provider, following what it said had been successful pilot (ON PUBLIC LAW TODAY)

Council ordered to pay £115k over failure to manage roadworks properly
City council ordered to pay £115,000 in fines and costs after Health and Safety Executive investigation found that authority had failed to ensure that arrangements for managing roadworks were suitable
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Major NW housing association to set up legal services panel
LGSS Law formally launches Huntingdon headquarters
Housing group in West of England to set up £3.5m legal panel
Accountancy giants win spots on universities legal framework
Tender launched for creation of 13-school multi-academy trust

MORE NEWS STORIES....

Local councils "put off by lack of clarity on weight of neighbourhood plans"
Parish and town councils have been keen to embrace neighbourhood planning but have been put off as it was unclear what weight they were given in planning process, National Association of Local Councils claims

Government to close "loophole" with minimum size of bedrooms in HMOs
Houses in multiple occupation (HMOs) will be subject to minimum room sizes under proposals put out for consultation this month, Department for Communities and Local Government says

Social worker fails in High Court bid to lift nine-month suspension
Former Nottingham City Council social worker fails in bid to persuade High Court to lift nine month’s suspension of her registration imposed by Health and Care Professions Council

MPs tell Cabinet Office to ensure proper oversight of arm's length bodies
Cabinet Office should press other Whitehall departments to improve way they work with arm's-length bodies, Public Accounts Committee says

Scottish court rejects challenge to plans for minimum unit price for alcohol
Court of Session in Scotland dismisses legal challenge brought by Scotch Whisky Association and others to Scottish Government’s plans for introduction of minimum unit price for alcohol

Government to review fixed odds betting terminals and maximum stakes
Department for Culture, Media and Sport launches call for evidence on maximum stakes and prizes for gaming machines across all premises licensed under Gambling Act 2005

See all of our most recent news stories
KEY EVENTS: Enforcement Appeals - Ivy Legal. A course specifically covering enforcement appeals determined by way of written representations, informal hearing or public inquiry.

Education Law Seminar for Local Government - FTB. This free seminar will provide an opportunity to be informed about and discuss the latest developments in education law. 10 am to 12 pm on 23 November in London.

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FEATURED SUPPLIER: Lewes Legal Services are the in-house legal team of Eastbourne Borough Council and Lewes District Council. They provide access to market leading support and advice in relation to vires, procurement, state aid, contractual and structuring issues for the delivery of public sector projects of all types.


Analysis on Local Government Lawyer

Warrants for possession and suspended possession orders
The Court of Appeal has issued an important ruling on warrants of possession and suspended possession orders. Carys Williams analyses the judgment and sets out the key points for local authorities and social housing landlords.
 
Statutory incompatibility and deemed dedication of highways
Brendon Lee analyses the application of statutory incompatibility to deemed highway dedication following recent developments on such legal principle in a number of village green cases.
 
CCTV and care packages
The use of CCTV in packages of care in the community represents a serious risk issue for commissioners, providers and care co-ordinators. Hannah Taylor explains the key issues.
 
Policing social media
New guidelines have been issued by the Crown Prosecution Service for prosecutors deciding whether or not a criminal offence has been committed by the sending of a communication via social media. Laurie Child reports.
 
Procurement challenges and damages as an adequate remedy
Joseph Barrett reports on the courts’ approaches to the lifting of automatic suspensions, following a challenge to the procurement of the UK perinatal mortality project.

Procurement and social/environmental criteria
One of the stated objectives of the 2014 EU procurement Directives was to "facilitate a qualitative improvement in the use of public procurement" – that is, ensuring greater consideration for social and environmental criteria. Melanie Pears and Tim Care examine the key provisions and recent guidance.



BLOGS

Government wins two Planning Act 2008 JRs: by Angus Walker
This entry reports on recent activity in the High Court involving decisions taken under the Planning Act 2008 regime..
Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: Private deprivations of liberty
This LexisPSL Local Government article produced in partnership with Tim Spencer-Lane considers the concept of 'private' deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights, involving people who lack the material decision-making capacity.

Adult Social Services: Bulk applications for deputyship remuneration
The Court of Protection recently considered a not-for-profit organisation's 'bulk application' in relation to deputyship remuneration. Bethan Harris looks at the judgment.

Children: When is enough, enough?
Hannah Slarks analyses a recent High Court ruling on runaways and the duty to accommodate under section 20 of the Children Act 1989.

Children: Adoption and family placements
The Court of Appeal recently considered the approach to be taken in determining a child's long-term welfare once the child has become fully settled in a prospective adoptive home and, late in the day, a viable family placement is identified. Laura Briggs reports.

Children: Children giving evidence
Are more children about to give evidence in care proceedings? Jason Hadden reports on a recent Court of Appeal ruling.

Children: Children, consent and deprivation of liberty
This LexisPSL Local Government article, produced in partnership with Tim Spencer-Lane considers recent court decisions on whether a parent can consent to the confinement of their child which, absent a valid consent, would amount to a deprivation of liberty.

Children: How to draft a local authority threshold document in care proceedings
LexisPSL Local Government in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council, explains how to draft a local authority threshold document in care proceedings.

Community Safety: Busy Bodies charter or effective tool?
Bans on hats, lying down in public, car cruisers and skateboarders...what next for Public Space Protection Orders? Kuljit Bhogal reports.

Education: Tackling illegal schools
Councils have been calling for greater powers to tackle illegal schools. Tom Tabori examines some of the issues raised.

Education: Schools, sport and the duty of care
A recent Northern Ireland case provided guidance on, and a useful review of the case law in England and Wales relating to, the duty of care owed by a school to its pupils when participating in sport, write Bruce Ralston and Richard Rowe.

Employment: Unfair dismissal: extension of time
Harmajinder Hayre examines a case involving a school which looked at the issue of time limits on Tribunal claims.

Employment: Mind the TUPE gap
Graham Richardson considers a recent case where the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) was found not to apply on termination of a Council contract, despite the service continuing with a new provider.

Governance: Setting up community libraries
A High Court judge recently concluded that a council's decision to set up five community libraries was lawful. James Goudie QC analyses the ruling.

Governance: Decisions under challenge
When it comes to judicial review, which decision is the one you are being challenged upon or should challenge? Nathan Holden examines the issue.

Healthcare: No longer the end of the road
The High Court has issued a key ruling on challenging factual accuracy comments in the Care Quality Commission's regulatory process. Jonny Landau and Andrew Parsons analyse the outcome.

Housing: Issuing warrants for possession
Does a landlord need court permission to issue a warrant for possession? Andrew Lane reports on a key Court of Appeal hearing and the implications for landlords.

Housing: Council housing companies – another new build model
With councils beginning to build homes again, Ian Doolittle examines the legal issues arising out of the use of local housing companies.

Information Law: Dransfield revisited
Does the presence of public interest act as a barrier to a refusal of a request for information based on vexatiousness? Robin Hopkins reports on a ruling that should be welcomed by public bodies.

Information Law: Understanding FOIL compliance monitoring
The Information Commissioner’s Office recently announced that Trafford Council will be monitored over the timeliness of its responses to freedom of information requests. Jeremy Isaacson, in discussion with LexisPSL Public Law, considers the background to this announcement and the various issues surrounding monitoring.

Licensing: Licensing committees
This LexisPSL Local Government article was produced in partnership with Walaiti Rathore of Fraser Browne and sets out the law and practice in relation to the duties and responsibilities of a licensing authority under the Licensing Act 2003.

Licensing: Problems at licensed premises
Paddy Whur looks at a case where a responsible operator stopped the need for a review of his premises licence.

Litigation: Changes to the rules on civil appeals
Ben Zurawel reviews recent amendments to the rules governing civil appeals.

Litigation: Judicial review: key developments
The LexisPSL Public Law team provides a summary of key developments in judicial review and sets out some important dates for practitioners’ diaries.

Litigation: Litigants in Person and costs budgeting
Can litigants in person ‘escape’ the rules relating to costs budgeting in all claims? To what extent does the costs management regime under CPR 3.12 to 3.18 apply to the costs of a litigant in person? Ruwena Khan examines a recent ruling.

Management: Helping to define the client
With Lawyers in Local Government calling for clarification of who local authority solicitors can act for, Crispin Passmore sets out the Solicitors Regulation Authority's view.

Planning: Boundaries of the 'soft touch' approach
A High Court judge has handed down a significant decision marking the boundaries to the 'soft touch' approach adopted to the scrutiny of neighbourhood plans. Mark Lowe QC, Rob Williams and David Lintott report.

Planning: Improving the use of planning conditions?
The Government’s proposed reforms to the use of planning conditions do not go far enough, writes Georgina Reeves.

Planning: A cautionary note on reasons
The Court of Appeal has handed down a significant decision on the standard of reasons required when granting planning permission. Caroline Daly explains the ruling.

Planning: Is the force of localism still with us?
The Localism Bill was heralded as introducing “A new era of people power” in 2010. Since then, talk of the Big Society has been eclipsed, but neighbourhood plans have been bigger news than anyone expected. Sue Chadwick highlights some current issues and makes a few predictions for the future.

Procurement: Move over PQQ, here is the SQ!
The Government has issued a selection questionnaire to replace the current pre-qualification questionnaire. Jenny Beresford-Jones sets out the key points for procurement practictioners

Procurement: Dispute settlement and new tender procedures
LexisPSL Public Law analyses a ruling that the Public Sector Directive required a new tendering procedure to be carried out where the parties had made changes to the scope of a public contract, even though they were made pursuant to a settlement aimed at resolving difficulties that had arisen during performance of a complex project.

Procurement: Development agreements, best consideration and procurement
The High Court has dismissed best consideration and procurement claims against a local authority development agreement. Deborah Ramshaw explains why.

Procurement: Voluntary transparency notices
Is a voluntary transparency notice published in the OJEU? How in practice is this distinguished from the OJEU notices that are published in advance of a procurement process? The LexisPSL Public Law team report.

Procurement: Reservation of public contracts
What is the interrelationship between regulations 20 and 77 of the Public Contract Regulations 2015? The LexisPSL Public Law team analyse the reservation of public contracts.

Projects: Regeneration X: Failed CPOs
The Communities Secretary earlier this month refused to confirm a compulsory purchase order for a key regeneration scheme in London, prompting Southwark Council to announce a judicial review challenge. Simon Ricketts analyses the minister's decision.

Property: Interpreting tenancy agreements
William Dean summarises a recent ruling on the interpretation of tenancy agreements, where one of the parties was a city council.

Property: If in doubt, strip it out
Anna Ralston examines the vexed question of "vacant possession" and analyses the lessons from a recent High Court case.

Property: Public houses and the ACV regime again
A fresh batch of Assets of Community Value (ACV) appeal decisions has been released and inevitably most concern public houses. Christopher Cant analyses the rulings.

Property: Sub-tenants and section 20 consultation
Steven Eccles and Mark Robertson consider new law on dealing with sub-tenants when undertaking Section 20 consultation.

Regulatory: End of the pier?
Donna Makin and Nicholas Mallen analyse a Supreme Court decision which meant a local authority had to pay a significant amount of compensation over a decision to close a pier.
Name   Description
Governance changes introduced by the Localism Act 2011 This webinar looks at key elements of the Localism Act 2011 as they affect and reform the governance of local authorities, including the General Power of Competence, Standards, community empowerment, elected mayors and assets of community value.
Delegation of Functions What problems can local authorities encounter with their schemes of delegation? And what to do if things go wrong? Matt Hutchings looks at the case law.
Governance for Local Authorities This webinar provides an overview of the governance structures of local authorities, their legal underpinnings and the way that they function in practice.
Brexit, Social Care and Housing This presentation looks at how the status of EEA nationals in the UK will be affected by the relationship the UK finally chooses with the bloc and how this will affect their entitlements to support and housing and the obligations owed by local authorities
How will Brexit affect domestic planning and environmental law? This webinar assesses how planning and environmental law and related areas may be affected by the UK’s exit from the European Union.
How will Brexit affect public procurement and state aid? This presentation looks at the possible effects on Procurement and State Aid law of the UK’s decision to leave the European Union, before, after and during the process of withdrawal.
Local Government Law Update 2016 Recorded in April 2016, leading barrister Richard Clayton QC outlines and analyses the key local government cases of the preceding 12 months across a range of disciplines. Includes a comprehensive downloadable paper.
CIL and Planning Obligations This presentation considers the past, present and future of the Community Infrastructure Levy in the light of forthcoming reforms to the regime.
Bringing Forward Development Will forthcoming changes to the NPPF, permitted development rights and the Housing and Development bill shift power towards or away from Local Planning Authorities?
Old and New Means of Development This course looks at the various measures being introduced by the Housing and Planning Bill to make development happen beyond the conventional planning permission system.
The LLG Competency Framework To assist local authority solicitors to comply with the new CPD regime, the Lawyers in Local Government group has produced a new competency framework. Helen McGrath, Development Officer for LLG, outlines the main features of the framework and explains how
Neighbourhood Planning: A Legal Perspective John Pugh-Smith and Daniel Stedman Jones look at how lawyers can square the circle of greater localism in the planning system and the need for more housing and infrastructure development.
Housing and Local Plans Peter Village QC and Rose Grogan analyse the key features of the Housing and Planning Bill and outline some of the problems and pitfalls created by Local Plans as identified by recent case law.
Human Rights, the Equality Act and Social Housing This course looks at the arguments faced by public authorities and social landlords when faced with claims based on the Equality Act 2010 or the Human Rights Act 1998 and outlines some of the defences and tactics available to defend them.
Social Housing Eligibility Update 2015 This course looks at which groups of people subject to immigration control are and are not eligible for social housing in the light of changes to welfare and immigration rules and recent case law.
Possession Claims Update 2015 This presentation provides an update on new housing legislation, regulation and case law before going on to look at the issues faced by social landlords as the first flexible tenancies granted under the Localism Act 2011 begin to expire.
Local Government Law Update 2015 Recorded in April 2015, leading barrister Richard Clayton QC outlines and analyses the key local government cases of the preceding 12 months across a range of disciplines. Includes a comprehensive downloadable paper.
The Commercial Council Michael Mousdale and Bradley Martin provide a practical and legal guide for council officers and lawyers looking to establish local authority trading companies.
Information Law Update 2015 Steve Wood, Head of Policy Delivery at Information Commissioner’s Office, outlines and discusses the implications of some of the key developments surrounding Freedom of Information, the Data Protection Act and the Environmental Information Regulations.
FOI and Data Protection Update 2016 This presentation reviews the main changes in the past 12 months in the fields of Freedom of Information and Data Protection, with an extended look at Monetary Penalty Notices and an overview of the latest developments in relation to property search charg




Basingstoke & Deane

Basingstoke & Deane
Principal Lawyer - Local Government and Litigation
Cardiff

Cardiff
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South London Legal Partnership

South London Legal Partnership
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Essex

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Stratford-upon-Avon

Stratford-upon-Avon
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