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NEWS HEADLINES

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
 
APPLY TODAY: Closing dates approaching! 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
KEY EVENTS: FEATURED SUPPLIER: The Legal 500 recognises Fenners as the leading barristers’ chambers in the East of England. From our base in Cambridge we work regularly throughout the East of England, the northern Home Counties and London. We travel to courts anywhere in England and Wales.
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.

Recovery time
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.
Public Law Today

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
Jeremy Coy 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.
BOOK REVIEWS
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 derek.bedlow@localgovernmentlawyer.co.uk 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
David Lawson 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
Scott Greenwood analyses the courts’ new powers to grant injunctions and the repeal of the ASBI.

Education (on Public Law Today): Part 4 of SEN statements
Rachel Kamm reviews recent Upper Tribunal decisions in relation to Part 4 of SEN statements.

Education (on Public Law Today): International students
James Goudie QC looks 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 reports.

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
Sarah Lines 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
Matt Hutchings discusses the Supreme Court's interpretation of vulnerability in relation to homelessness in the three linked appeals of HotakKanu and Johnson.

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 reports.

Litigation: Costs in children law cases
Jessica Swannell 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
Geoff Wild 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!
Philippa Plumtree-Varley 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 reports.

Procurement: Top 5 tricky issues with the Public Contracts Regulations 2015
Jenny Beresford-Jones 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
Chloe Karamian 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.

 

Name Price (ex-VAT)   Description
The Importance of Judicial Review £25.00 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 £25.00 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 £25.00 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" £25.00 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 £25.00 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 £25.00 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 £25.00 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 £25.00 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 £25.00 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 £25.00 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.

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Chartered Legal Executive
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Winchester CIty Council
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Principal Lawyer - Childcare
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Test Valley Borough Council
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Kent County Council

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Jobs of the week

Childcare Lawyer (South West)

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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
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.
Fenners
The Legal 500 recognises Fenners as the leading barristers’ chambers in the East of England. From our base in Cambridge we work regularly throughout the East of England, the northern Home Counties and London. We travel to courts anywhere in England and Wales.
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.
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.
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
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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