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JOBS OF THE WEEK:
Tribunal rejects request for correspondence between solicitor and officers
First-Tier Tribunal rules that district council was entitled to refuse to disclose correspondence passing between one of its solicitors and various members of its planning department
Supreme Court rejects procurement challenge in 'material variation' ruling
Supreme Court dismisses claim that way Government allocated £132.8m in services to pre-existing outsourcing contract breached domestic and EU procurement law
Ombudsman sees rise in councils challenging its decisions
Local Government Ombudsman saw “small, but unprecedented” increase in number of councils seeking to challenge its decisions and failing to comply with its recommendations
Campaigners use crowdfunding to challenge permission for waste tip
Campaigners hoping to use crowdfunding so that they can bring judicial review of Communities Secretary's decision to grant planning permission for waste tip
Judge quashes cut in care provision for man with learning difficulties
High Court judge quashes council’s decision to reduce community care provision for 23-year-old man with learning and communication difficulties
Supreme Court to rule next week on approach to 'ordinary residence'
Court to hand down eagerly-awaited judgment on approach for determining a person’s ‘ordinary residence’, where they lack capacity to decide where to live. Four councils are parties to the proceedings
Council secures lifelong reporting restrictions order in favour of 17-year-old
Birmingham City Council secures rare lifelong reporting restrictions order in favour of 17-year-old woman, who was sexually exploited by ten respondents to the proceedings
Lancashire councillors refuse permission for fracking at coastal site
Members of Lancashire County Council's Development Control Committee vote to refuse energy company’s application to explore for shale gas at site near Blackpool, despite advice from planning QC
Midlands housing association issues notice on legal services tender
District council to offer £100k contract for legal support on s.106 agreements
Weightmans bolsters healthcare team with Webb-Jenkins hire
GMC launches tender for advocacy services for HCE Application hearings
Bond Dickinson, Trowers advise on £40m GLA home ownership product
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INTERIM ROLES: Senior Childcare Lawyer (Greater London), Commercial Property and Development Solicitor (North West), Adult Social Care Lawyer (West Midlands), Contracts Lawyer (South Yorkshire) and Planning Lawyer (Cambridgeshire). To see all roles on LGL, click here.
MORE NEWS STORIES....
Council fails in court challenge over replacement of buildings and Green Belt
Authority loses High Court challenge over whether replacement of group of buildings by single building that was not materially larger than those it replaced was capable of falling within exception in National Planning Policy Framework
Cabinet at Hackney backs Article 4 direction to cover key town centres
Approval for plans for Article 4 Direction covering borough’s key town and shopping centres
Man jailed for forging residents parking permit
Defendant who forged residents parking permit sentenced to 16 weeks in jail, following prosecution by city council
Council hails tribunal ruling on improvement notice and affordable heating
First-Tier Tribunal upholds improvement notice issued by Liverpool City Council over heating system in place in flat
Councils increasing use of bankruptcy orders to tackle council tax arrears
Almost a third of local authorities used bankruptcy orders to recover council tax arrears in 2013/14, research suggests
National Audit Office urges greater use of open-book accounting data
Spending watchdog calls on government bodies to negotiate greater access to open-book accounting data
See all of our most recent news stories
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New articles on Local Government Lawyer
Down but not out!
John Pugh-Smith explains how a change in the five-year housing land supply position within South Somerset led to the dismissal of three major housing appeals.
The innovation partnership procedure explained
The LexisPSL Local Government team explain a new procedure created under The Public Contract Regulations 2015 – the innovation partnership procedure.
Granting interim care orders
The Court of Appeal has reconsidered the test applicable to the granting of interim care orders. Anthony Hand reports.
Ground (f) and enforcement appeals
The High Court has clarified the extent of ground (f) in enforcement appeals under the Town and Country Planning Act 1990. Estelle Dehon explains the ruling.
When licensing and the criminal law collide
Anna Mathias looks at a recent case that provided an insight into the overlapping worlds of alcohol premises licensing and the criminal law.
Jessica Swannell explains how to avoid a common mistake that can cost public bodies dearly in litigation.
Consultation and how to avoid JR
Emily Heard and David Owens set out ten steps public bodies can, when consulting on key decisions, take to reduce the likelihood of a subsequent judicial review challenge.
Guardianship, DoLS and the FTT
The Court of Protection team at 39 Essex Chambers examine the role of the First-tier Tribunal in relation to guardianship and the Deprivation of Liberty Safeguards.
CALLING ALL HEADS OF LEGAL: We are conducting a survey on the future of local authority legal departments. If you have not received a link to the questionnaire, please contact Derek Bedlow on 020 7239 4917 or by email.
On our sister publication Public Law Today (external site):
Government defeats court challenge to framework agreement for supplying locum doctors
Guidance issued for health professionals on what to do when things go wrong
Judge orders NHS trust to continue treating man with profound disorder of consciousness
Giving evidence in a criminal trial
Attending court as a witness to give evidence in a criminal trial can seem like a daunting prospect. Hannah Taylor
provides a practical steer for health and social care professionals so that they know what to expect and what they should be doing.
Zero hours, whistleblowing and severance
sets out three of the most significant changes introduced through the Small Business, Enterprise and Employment Act 2015 about which NHS employers in particular should be aware.
Charging overseas visitors
On 6 April 2015 the new regulations on charging overseas visitors for NHS healthcare came into force. Georgia Ford
explains the background, the key changes implemented, and their potential effect.
The latest blogs...
An unintended consequence of crowdfunding judicial review by Angus Walker
This entry reports on two developments with judicial review of planning decisions that are on a potential collision course.
Want to be a book reviewer? Local Government Lawyer
is soon to launch a new online bookstore and we are looking for practitioners to review the latest legal titles as they are published. Instant fame (and free legal books) guaranteed. Please contact Derek Bedlow at firstname.lastname@example.org
or 0207 239 4917 with details of your areas of interest.
Catch-up on recent articles on Local Government Lawyer:
Adult Social Services: The Court of Appeal on Re X
Alex Ruck Keene
and Sophy Miles
consider the impact of the Court of Appeal’s judgment in Re X
and its comments on the President of the Court of Protection’s bid to streamline procedures for deprivation of liberty cases.
Adult Social Services: Liberty and the home
considers recent judgments on how protection against a deprivation of liberty can interfere with the right to live at home.
Children: Going for broke
Is there an alternative to adoption? Mark Roscoe
considers options for placement which leave the door open to ongoing child/parent relationships and possible reunification.
Children: Disclosing child protection information
A recent High Court case involving a teacher has stressed that when disclosing child protection information, you must make sure you ask the right questions first, writes Robin Hopkins
Community Safety: The new Civil Injunction Order
analyses the courts’ new powers to grant injunctions and the repeal of the ASBI.
Education (on Public Law Today): Part 4 of SEN statements
reviews recent Upper Tribunal decisions in relation to Part 4 of SEN statements.
Education (on Public Law Today): International students
James Goudie QC l
ooks at the lessons from the latest Administrative Court decision in relation to Tier 4 Sponsor Licences.
Employment: Employees who lose tribunal claims
Can it be fair to dismiss an employee for losing a tribunal claim? James English
reports on a recent EAT ruling involving a school teacher.
Employment: Whistleblowing - protected disclosures
The Employment Appeal Tribunal has considered whether an employer had acted fairly in dismissing a council employee who made a disclosure to the Information Commissioner's Office without approval. Helen Hughes
analyses the case.
Governance: Consultation – Moseley revisited
A High Court judge has concluded that public consultation does not necessarily need to set out alternative options. Brian Wong
and Andrew Walls
report on the latest ruling after the Supreme Court decision in Moseley
Governance: Vexed by vexatiousness?
The Court of Appeal has for the first time considered provisions on ‘vexatiousness’ and ‘manifest unreasonableness’ in relation to information requests. Christopher Knight
Healthcare (on Public Law Today): Secondary victim claims: Ronayne
A Court of Appeal ruling on claims by relatives of victims of clinical negligence is an early front runner for the most important tort law case of 2015, writes Charles Bagot
Housing (on Public Law Today): Councils, RPs and the housing crisis
looks at proposals from the Local Government Association and the National Housing Federation on how to tackle the housing crisis.
Housing: The Supreme Court on vulnerability
discusses the Supreme Court's interpretation of vulnerability in relation to homelessness in the three linked appeals of Hotak
Licensing: Irresponsible drink promotions
Are we any closer to understanding what is and what isn't irresponsible when it comes to drinks promotions? Paddy Whur
Litigation: Costs in children law cases
looks at the effect of a recent Supreme Court decision on the liablitity of local authorities to pay a father's costs in placement orders cases.
Management: General counsel in the public sector
of Kent County Council considers the multi-faceted role of the general counsel in the public sector at a time of great change.
Management: Getting the most out of your legal suppliers
With legal department budgets set for further cuts, Helen Edwards
outlines some of the ways that public sector bodies can ensure they get more bang for their bucks.
Planning: Not in my back yard!
examines the changes to judicial review and their impact on the development sector.
Planning: Student accommodation, the NPPF and housing supply
The High Court has ruled on the approach to be taken under the NPPF and PPG as to whether student accommodation should be included in a local planning authority’s housing land supply. Charles Banner
Procurement: Top 5 tricky issues with the Public Contracts Regulations 2015
analyses five “tricky points” arising out of the Public Contracts Regulations 2015.
Procurement: Establishing successful joint ventures
With joint ventures between the public sector and other organisations increasingly popular, Mark Johnson
gives his top tips for making them a success.
Property: Dedication of a highway and interruption
examines a recent High Court ruling in a case where a landowner claimed that the dedication of a way as a public right of way had been interrupted by its closure over the Christmas period.
Property: LIFT and PFI schemes and payment schemes
Landlords and tenants of premises that have been built using the Local Improvement Finance Trust schemes need to be aware of a recent case involving a local authority that also has interest for landlords and tenants of PFI premises, writes Karen Andrews
Regulatory: Funding trading standards services
A recent judicial review application over cuts to a local authority’s trading standards team highlights the need to examine funding structures, writes Melissa Dring
of the Chartered Trading Standards Institute.
Regulatory: Sentencing very large organisations in environmental cases
The Court of Appeal has handed down its first ruling since the coming into force of the Environmental Sentencing Guideline on the sentencing of very large organisations. Chris Gillespie
considers the impact.
|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.
|Procurement Masterclass - The Tyranny of the "Sausage Machine"
||Michael Bowsher QC provides a personal view of some of the problems that the process-focused approach to public procurement is creating, and suggests some ways that lawyers can help achieve some of the social benefits it was intended to provide.
|The New Governance Landscape
||This presentation looks at how local authority lawyers can accomodate rapidly changing local government structures and delivery models against a legislative backdrop designed for another era.
|Lessons for Scrutiny from Rotherham and Mid-Staffs
||This presentation looks at the role that scrutiny - or the lack of it - played in the problems that came to light in Mid-Staffordshire NHS Trust and Rotherham Council and looks at how the effective systems of scrutiny can be designed and encouraged to pr
|New Delivery Models: Managing Governance in a Diverse Landscape
||As the number of new, and proposed, models for the delivery of public services continue to multiply, this course looks at the governance issues they create and how local authority lawyers and senior managers can manage an increasingly diverse landscape.
|Top Local Government Cases 2014
||Leading public law barrister James Goudie QC outlines and analyses the most important judicial decisions of 2014 as they affect local authorities.
|The Care Act 2014
||As the implementation of the Care Act 2014 fast approaches, this presentation identifies and explains the key elements of the Act that local authority lawyers need to be aware of.
|Equality Act Defences
||This course looks at the defences and tactics available to public authorities when faced with claims based on the Equality Act 2010 and provides an overview of how to prevent claims arising in the first place through an examination of the case law.