Local Government Lawyer
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JOB OF THE WEEK: Mid Kent Legal Services – part of the ground breaking Improvement Partnership between Swale, Maidstone & Tunbridge Wells Councils - is hiring a Deputy Head of Legal Partnership (£55,044 - £64,390 doe + car user allowance).
EVENT OF THE WEEK: Francis Taylor Building is holding a half-day Rating Seminar in London on 23 October.

ProjectsClaimants go to Court of Appeal over approach to deprivation of liberty cases
Application made for leave to appeal two key parts of preliminary ruling by President of Court of Protection

Lawyers in Local Government in leadership challenge for women in sector
Project involves programme in UK and four-day module in South Africa

South West One report finds issues over audit, transparency, data and FOI
Updated report highlights more challenges that high profile joint venture faced

Council defeats claim brought for 101 year old over care home closure
No valid grounds for challenging decision, High Court judge rules

Court of Appeal rejects call by solicitor to quash dismissal of his claim
Claimant argued that Employment Tribunal decision - rejecting his race and disability discrimination claim against a council - had not been properly made

Delays to civil injunction for anti-social behaviour until legal aid changes made
Home Office says delays probably until January 2015 because of "unavoidable and necessary changes"

DCLG warns 11 councils of legal action "in weeks" over publicity code
Local authorities in firing line over frequency of their publications

Settlement reached in legal row over skateboarding at Southbank
Both sides withdraw challenges over town and village green bid and registration as asset of community value

CAMRA wins second judicial review in battle with city council over pub
Campaign group wins legal actions over planning decisions allowing changes to interior of heritage pub

Cyber security scheme made mandatory for certain government contracts
Call for local authorities also to adopt scheme aimed at reducing levels of risk

Lord Young to lead Government review of Social Value Act
Consideration will be given as to whether legislation should be extended to cover contracts for goods and works as well as services

APPLY TODAY: There are some top-notch roles on LGL: SENIOR CONTRACT ROLES: There are some fantastic posts available across a range of practice areas including: Senior Planning Lawyer, Senior Legal Adviser, Senior Commercial Property Lawyer and Senior Civil Litigation Solicitor.  To see all roles on LGL, click here.

Voters in East Riding reject extension of boundaries of neighbouring authority
High turnout at referendum but Hull says it was asking wrong questions at wrong time

Equalities watchdog launches consultation on its strategic litigation policy
Commission for Equality and Human Rights seeks input from lawyers and other stakeholders as it looks to set priorities

TfL bus lane policy "does not amount to unlawful state aid": Advocate General
AG Wahl said he did not find state rules were generally concerned with state measures such as a bus lane policy, provided equal treatment of comparable undertakings

Planning Court rejects bid for second judicial review on hotel and golf scheme
Attempt to challenge decision to approve landscape and ecological management plan

Ten Greater Manchester authorities consult on region-wide development plan
Consultation to test evidence base for proposed statutory joint Development Plan Document for next 20 years

Housing delivery partnerships the way forward for affordable supply: research

Significant reshaping of housing sector taking place but flexibility seen as key, according to report by law firm Trowers & Hamlins

Academy loses High Court passing off action brought against private college

SRA consults on removing requirement to do Management Course Stage 1

Tenants back conversion of ALMO into housing association

See all of our most recent news stories
KEY EVENTS AND COURSES: FEATURED SUPPLIER: Professor Tony Monk is an eminent Architectural Expert Witness and is accredited to act in legal disputes covering design, technical and professional defects in the architectural and building industry.
New articles on Local Government Lawyer

NoonDeprivation of liberty and due process
Following the Supreme Court decision in Cheshire West, the Courts are struggling to get to grips with the practicalities of the expected deluge of cases. Lord Justice Munby has started to map out the way forward. Ben Troke looks at what the CoP President has had to say.

Safeguarding and the CoP – a(nother) salutary tale
A Court of Protection judge has sharply criticised a county council for unlawfully depriving a 19 year old of her liberty and breaching her rights. The CoP team at 39 Essex Street examine the judgment.

The Homes and Communities Agency and intervention
Dean Underwood considers the Homes and Communities Agency’s recent Consumer Regulation Review and the questions it throws up about the threshold for HCA intervention.

Legal apprenticeships for local authorities
How can the various types of legal apprenticeship help local authority legal departments? Noel Inge explains the benefits and how councils can set up schemes.

TUPE: the latest cases before the EAT
The Employment Appeal Tribunal has been busy shining a light into some of the darker corners of the TUPE Regulations. Sarah Lamont rounds up the recent run of cases.

Ordinary residence: homeless children
The Community Care team at 39 Essex Street consider the lessons to be learned from a Local Government Ombudsman investigation into a complaint against Doncaster Council.

Dispensing with American Cyanamid?
Is a fresh approach being developed in relation to interim relief in procurement challenges? Calum Lamont analyses the latest case law and the continued role of the American Cyanamid principles.

Street lighting claim
A court recently considered whether a local authority owed a duty after it failed to maintain street lighting. Sarah Wilkinson reports on the outcome.

New courses on Local Government Law TV

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

Whistleblowing in the Public Sector £25.00 This presentation examines the effect of the law(s) intended to facilitate whistleblowing and to protect whistleblowers, and provides guidance to public authorities on how to prepare for and respond correctly to a disclosure.
Local Government Finance for Lawyers £25.00 This presentation provides an overview of the structure of local government finance, the budget-setting processes of local authorities and the respective responsibilities of members and officers in deciding and monitoring spending.
Recent Developments in Information Rights Law and Practice 2014 £25.00 In this presentation, the Deputy Information Commissioner Graham Smith provides an update on some of the key issues in freedom of information and data protection law.

Departmental subscriptions from £249 + VAT for 12 months unlimited access (LLG members). Click here for details.

The latest blogs...
Another NSIP decision and more good documentation by Angus Walker
This entry reports on the latest nationally significant infrastructure project decision and more examples of recommended documentation.

A new decision and miscellaneous NSIP application news

Been away? Features on Local Government Lawyer recently include:

Adult Social Services: The Care Act: capping costs
The Community Care Team at 39 Essex Street examine the likely impact of the cap on care costs contained in the Care Act 2014.

Children: Are you ready for the Children and Families Act?
Clinical commissioning groups and councils must now work together on commissioning services for children and young people with disabilities and special educational needs. David Owens and Madeline Moore look at the key issues for CCGs in particular.

Employment: Recovering in-house legal costs in the Employment Tribunal
A recent case provides a reminder that in-house legal teams should take care to record their time and costs if they wish to recover their costs of litigation in the Employment Tribunal, write Rebecca Pallot and Simon Lambert.

Governance: Damages for loss of personal data
A £20,000 award in damages for loss of personal data was recently upheld on appeal. Robin Hopkins analyses the judgment.

Healthcare: The way forward for health and social care?
A bold vision for the future of health and social care has been published by the Commission for the Future of Health and Social Care in England, chaired by Kate Barker. Anne Crofts and Judith Barnes look at the key findings.

Housing: Housing and homelessness update
Christopher Knight reviews some of the key recent decisions in the field of housing and homelessness law.

Licensing: Changes to the Mandatory Conditions
John Gaunt reviews the Home Office's guidance on imminent changes to the mandatory conditions applying to all licensed premises.

Litigation: Defamation and the "serious harm" test
In a case brought by a housing association and its chief executive against a national newspaper, the High Court has given guidance on the new “serious harm” test for defamation. Cynyr Rhys reports.

Management: Charting a course
These are undeniably challenging times for the public sector but its lawyers should still be upbeat, Lawyers in Local Government President and Director of Essex Legal Services Philip Thomson tells Philip Hoult.

Planning: Cases involving concealment – where are we now?
Steven Bell of nplaw reports on a recent planning inspector's decision that may have clarified some of the key issues in cases of deliberate concealment

Procurement: Collaborative procurement
With the increased focus on joint procurement, Katie Bray looks at some of the key issues public sector bodies need to bear in mind.

Procurement: Trading up
Rob Hann explores how local authorities considering trading can get started on the right track and stay there, and reports on a new pilot scheme from Local Partnerships.

Property: Setting up local authority property companies
Scott Dorling looks at the opportunities and challenges presented by local authority property companies.

Snap judgement: Do you expect to be employed within an ABS in five years' time?

- Yes
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Click here to vote now

Local Government Law.tv

We are pleased to announce the introduction of an annual corporate subscription that will provide access to a full year of CPD accredited legal training for your lawyers and your client departments

What is included

  • unlimited access to the full library of webinar content for 12 months
  • the option to purchase DVD copies of the webinar training
  • discounted rates offered to attend LGG training courses
 Who can take the training?
  • lawyers and other professionals within your team, each of whom will be provided with personal login to enable them to earn and keep a record of their individual CPD credit.
  • members of your client departments, such as the child protection team, trading standards officers, planners, procurement professionals or social workers. On purchasing a corporate subscription, a client account login will be provided for use by your client departments to view online content at no extra charge.
What is the cost?
  • the cost relates to the numbers of individual registered users per authority, excluding those who use the client account.  These users will be registered for the full year of the subscription with the option to replace a registered user if somebody leaves the authority during the year of subscription.  Option 1 below
  • a DVD option will supply a DVD for every webinar booked – Option 2 below
  • in addition to option 1 a DVD can be purchased for an individual webinar at an additional £15 + VAT if required.  This can be ordered when booking the webinar
  • for a shared legal service serving more than one authority area, references to the number of registered users are to the combined aggregate number of users from the relevant authorities
  • registered users of a corporate subscription will benefit from discounted offers to attend LGG training events during the 12 months.
  Lawyers in Local Government  (LLG) member authorities Non-LLG Members
Individual subscription £99 (+VAT) £199 (+VAT)
Local authority with up to 10 registered users £249 (+VAT) £495 (+VAT)
Local authority with 11 – 30 registered users £495 (+VAT) £995 (+VAT)
Local authority with more than 30 registered users £649 (+VAT) £1295 (+VAT)
Law firms with up to 20 registered users n/a £1750 (+VAT)
Law firms with 20+ registered users n/a £2495 (+VAT)
 How to register for a corporate subscription
Individual subscriptions can be purchased online here

To set up a corporate account please contact Derek Bedlow on 0207 239 4917 or by email giving details of your authority, the number of users you would like to register and if you would like to take the DVD option for all booked webinars.
We will then contact you within 24 hours to confirm this subscription has been set up.  The corporate subscription members will then be able to register on the site and instantly access the webinar training.
Alternatively, if you would like to pay-as-you-go for webinar training by setting up a corporate pay-as-you-go account for your authority a monthly invoice will be produced and a 10% discount will be applied to all purchases by members of your authority.
There is also the option to take a free trial of a webinar (which includes CPD credit).  Register as a user and add your preferred course to the cart. During the checkout process, enter FREE TRIAL in the box where indicated (don't forget to click 'Submit'), and the cost of your course will be reduced to zero. Complete the process and your course will be instantly available to view and you can watch it as many times as required for 30 days, from any computer or most mobile devices.

Click here to see all courses on Local Government Law.tv (119)

Services Directory
1KBW has a pre-eminent reputation in family law. Our barristers have been at the cutting edge of the development of family law and have been in most of the groundbreaking cases over the last two decades.
37 Park Square
Specialisms in the areas of Court of Protection, Professional Negligence, Disciplinary Tribunals, Employment Law, Planning, Health & Safety and Immigration, experienced in acting on behalf of Local Authorities.
A&M Bacon Ltd
We are an independent leading firm of Costs Lawyers specialising in Defendant costs for both paying and receiving costs matters.
Cadogans is a group of engineers and scientists distinguished by its breadth of experience and ability to tackle problems that combine more than one discipline.
Easton Bevins
Easton Bevins is a leading independent Chartered Building Surveying Practice with a vastly experienced team of Expert Witnesses
Edulaw Chambers
Edulaw Chambers provides specialist advice, advocacy and training in education law. We regularly act for local authorities and schools/academies.
Francis Taylor Building
Francis Taylor Building is a long established leading public law set, with particular expertise in planning, land valuation, infrastructure, environmental, public law, licensing and regulatory law.
Gibbins Costs Lawyers
Gibbins has grown to become one of the North’s largest independent firms of Costs Lawyers and Consultants, serving Solicitors and Legal Practitioners nationwide.
In Real Time Translation
In Real Time Translation, a UK Company, provides document translation services, language interpretation services as well as sign language, Braille and other services.
Ivy Legal
Ivy Legal Ltd is an innovative planning enforcement law firm that specialises in supporting local authorities.
Joanna North Associates Ltd
Training & therapeutic consultancy for children, adults & families. Expert witness and Ofsted inspected adoption support agency
Jordan Publishing
Under our two brands, Jordans and Family Law, we publish practitioner books, looseleaf services, journals and law reports in both print and online format covering the entire range of legal practice and regulation.
Laird Assessors
We provide an expert witnesses service that is second to none. We have highly qualified, experienced & well trained motor engineers positioned strategically throughout the UK providing accident investigation and supporting services.
Legal Document Translation
Legal Document Translation provide you with a proven, trouble free translation process. We work for local authorities and solicitors UK wide.
Lextox Drug and Alcohol Testing
A specialist hair drug and alcohol testing laboratory established by experts to provide the most reliable results and most responsive customer service.
LGG delivers an extensive annual CPD training programme that is ultimately designed to provide the public sector legal practitioner with a one-stop shop.
Local Government Law TV
Local Government Law.tv combines the experience of the leading local government legal training provider with the immediacy of an online news service to provide a comprehensive selection of up-to-date webinars
MBL Seminars
With over 80+ years of collective CPD experience we have provided learning and development to over 30,000 lawyers and other professionals to date.
Professor Tony Monk
Professor Tony Monk is an eminent Architectural Expert Witness and is accredited to act in legal disputes covering design, technical and professional defects in the architectural and building industry.
TRL's widely respected Incident Investigation and Reconstruction Group consists of expert scientists, engineers and technicians, who specialise in the forensic investigation of incidents involving road traffic, the road environment and road user behaviour.
WeatherNet Ltd
With 15 years experience, WeatherNet can provide complete forensic legal weather reports or witness statements for a range of civil and criminal cases.
Wilkin Chapman Goolden
At Wilkin Chapman Goolden we offer a high level of expertise with the support of a full range of specialist lawyers offering expert advice on the complete range of legal services.
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