Council wins appeal over commercial interests and schools services
Borough council wins appeal against decision notice of Information Commissioner requiring disclosure of information relating to payroll and pension services provided by authority to schools.
Council and MP row over threat of legal action on hospital changes
Telford & Wrekin Council threatens to take legal action against Health Secretary over proposed move of hospital departments out of town, prompting furious reaction from nearby MP
High Court judge dismisses planning challenge as out of time
Litigants whose claims are subject to strict time limits “must make arrangements to ensure that they attend the court office in good time so that they are not thwarted by unexpected problems”, judge says
Communities Secretary set to return licensing functions to Rotherham
Sajid Javed proposes handing back licensing powers to council. Move would allow it to resume all decision making on licensing matters, including for hackney carriage and private hire taxi services, for first time since February 2015 without consent of Government-appointed Commissioners
MUST-READ: 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.
Council locks landlord out of house where 16 people found living
London borough locked rogue landlord out of house he owns in which officers found 16 people were living
City set to refund £100k in penalty notices over lighting of bus lane signs
Newcastle City Council faces repayments totalling more than £100,000 after drivers were given fixed penalty notices in bus lane
Higher education purchasing consortia to set up national legal services panel
Five purchasing consortia for higher education sector in England and Wales to establish National Framework Agreement for Legal Services. Member institutions spend nearly £70m pa (ON PUBLIC LAW TODAY)
Tributes paid following death of Bevan Brittan partner Tim Rowe
Tributes have been paid following death of Bevan Brittan partner Tim Rowe following short illness (ON PUBLIC LAW TODAY)
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CLOSING DATES APPROACHING: Don't delay, apply now at Public Law Jobs:
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Suffolk Legal recognised for learning and development at Law Society Excellence Awards
University appoints three law firms to £600k contract
Scottish councils name eight firms to £2m panel
MORE NEWS STORIES....
Troubled Families programme had "no impact" on outcomes: research
Researchers have been unable to find consistent evidence that first phase of Troubled Families Programme has had any significant or systematic impact
Law Society warns on mandatory child abuse reporting duty
Mandatory duty to report child abuse and neglect would simply lead to high volumes of unsubstantiated reports that fall far below significant harm threshold, Law Society warns
Guildford voters reject plans for switch to elected mayor system
Voters overwhelmingly reject changing to elected mayor system in Guildford
Council defends provisions of Public Space Protection Order on rough sleeping
Borough defends its approval of PSPO that could see rough sleepers issued with £100 fixed penalty notice
Borough to set up in-house bailiff service in new approach to debt recovery
London borough to create in-house bailiff service as part of new fair debt recovery policy
Prevent strategy “creates serious risk of human rights violations”: report
Government’s Prevent strategy in health and education “creates serious risk of human rights violations and is also counterproductive”, it is claimed
Legal Aid Agency to clarify 'embarrassment clause' after legal threat
Legal Aid Agency agrees to clarify remit of so-called ‘embarrassment clause’ it sought to include in one of its contracts, following threat of legal action
See all of our most recent news stories
Analysis on Local Government Lawyer
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.
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.
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.
Interpreting tenancy agreements
William Dean summarises a recent ruling on the interpretation of tenancy agreements, where one of the parties was a city council.
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.
Runway decision nears as air quality challenge heard: by Angus Walker
The long-awaited government decision on where a new runway (or runways) should be built in the south-east of England finally seems about to be made, on Tuesday 25 October.
Chancellor (re)unveils National Infrastructure Commission
Fracking planning latest
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.
Adult Social Services: Deprivation of liberty, dogs and a deputy’s dereliction of duty
A district judge recently criticised the approach taken by a deputy in a deprivation of liberty case and replaced them with a panel deputy. The Court of Protection team at 39 Essex Chambers
examine the ruling.
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
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: Crisis in infinite courts
The President of the Family Division, Sir James Munby, this week warned of a "clear and imminent crisis" as a result of the rise in care cases. Andrew Pack
, who blogs at Suesspicious Minds
, looks at what the judge had to day.
Children: A question of bias: from the children's guardian?
looks at the lessons from a recent High Court case involving an allegation of bias against a children's guardian.
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
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
Education: Checks on academy governors
Katie Michelon sets out the safeguarding checks that academies are required to carry out on their governors.
Employment: Unfair dismissal: extension of time
Harmajinder Hayre e
xamines a case involving a school which looked at the issue of time limits on Tribunal claims.
Employment: Mind the TUPE gap
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.
Employment: Voluntary overtime and holiday pay
Should voluntary overtime be taken into account when calculating holiday pay? Nick Murrell
reports on a recent Employment Tribunal case.
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.
Governance: Governance lessons from Rotherham and Tower Hamlets
looks at the lessons from the imposition of commissioners at Rotherham and Tower Hamlets Councils and a recent review by the Communities and Local Government Committee of the Government's actions.
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.
Healthcare: Serious untoward incidents
considers some of the lessons that can be learned from the Southern Health case.
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.
Housing: Vulnerability, 'significantly' and equality duties
examines the latest appeal in which a court was asked to grapple with the impact upon reviewing officers' decisions of section 149 of the Equality Act 2010, as explained in the Supreme Court’s decision in Hotak
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.
Information Law: GDPR means GDPR
What do the Prime Minister's announcements on the triggering of Article 50 and a proposed Great Repeal Bill mean for implementation of the the General Data Protection Regulation (GDPR)? Ibrahim Hasan
Licensing: Problems at licensed premises
looks at a case where a responsible operator stopped the need for a review of his premises licence.
Licensing: Are minor variations working?
looks at the process for varying a premises licence by way of a minor variation.
Litigation: Changes to the rules on civil appeals
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.
Litigation: More than one way to skin a cat
A finding of fundamental dishonesty is not the only way to have Qualified One-Way Costs-Shifting (QOCS) dis-applied. Chris Booth
looks at the lessons from a recent case.
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
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.
Planning: Housing land supply
The Communities Secretary has, belatedly, revealed the Government's thinking on a number of crucial housing land supply controversies. Josef Cannon
Planning: Residual cumulative impacts of development
The High Court recently rejected a challenge to refusal of planning permission for 650 homes in Cheltenham. The ruling is important on the issue of residual cumulative impacts of development, writes Ashley Bowes
Planning: Section 106 disagreements
looks at some of the difficult issues relating to section 106 agreements for major developments and how improvements could be made.
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
Procurement: Shield and sword
and Tim Care
deliver a reminder of what the standstill period entails and provide guidance for contracting authorities on how to avoid the trap of this potential procurement pitfall.
Procurement: Explain yourself!
A judge has issued a warning to contracting authorities who might be tempted to minimise the amount of paperwork they keep particularly where they fear that a high profile procurement exercise might be challenged. Helen Prandy
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
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: If in doubt, strip it out
examines the vexed question of "vacant possession" and analyses the lessons from a recent High Court case.
Property: Construction of service charge provisions
The Upper Tribunal recently had to determine whether a tenant was liable to pay service charges despite the tenancy being silent as to what services were to be provided by the housing association under the agreement. Katie Gray
reports on the outcome.
Property: Rights to light and injunctions
The Court of Appeal has imposed an injunction against a developer in a right to lights case. Jennifer Chappell
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
and Mark Robertson
consider new law on dealing with sub-tenants when undertaking Section 20 consultation.
Regulatory: End of the pier?
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.
|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