Late issue of finance settlement to make lawful consultations difficult: SOLACE
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Late issue of provisional 2017/18 local government finance settlement, “so close to the Christmas break”, is “extremely problematic” and may give local authorities little chance to consult in way that meets legislative and case law expectations, SOLACE warns
Council threatens injunction over planned strike in children's services
Kirklees has threatened to seek injunction to stop strike going ahead in its children’s service, trade union says
Tribunal tells district to publish report into conduct of ex-parish council chair
Information Rights Tribunal requires district to publish draft final report into conduct of former chair of parish council
Kensington & Chelsea wins battle with Ealing over local connection case
Royal borough wins High Court battle with London Borough of Ealing over homelessness local connection referral case
Council in legal action after inspector identifies failure on duty to co-operate
St Albans to bring legal proceedings in High Court over planning inspector’s conclusion that it had not met its duty to co-operate with neighbouring authorities while drawing up its Strategic Local Plan
Property developer ordered to pay £55k over listed building offences
Property development business, director and site manager ordered to pay more than £55,000 between them after removing historic fixtures in every room of grade-II listed house in Lincoln without consent
MUST-READ: CPOs and run-down listed buildings
examines how effective use can be made of compulsory purchase orders to deal with run-down listed buildings.
CALLING ALL ADULT CARE LAWYERS: Local Government Lawyer is conducting research in association with LexisNexis: click here for more information (and be entered in a draw for £100 in John Lewis vouchers).
London councils to go head to head in court over noise from festival
Wandsworth to take legal action against neighbour over noise levels during three-day summer music festival on Clapham Common
County council to hold referendum on 15% council tax increase
Surrey unveils plans to hold referendum as it seeks to increase council tax by 15% to meet demand for adult social care, learning disability services and children's services
Development corporation to hire adviser for £3m legal advice on garden city
Ebbsfleet Development Corporation, set up to drive delivery of new garden city in North Kent, to appoint either one or two legal services providers to provide support worth £3m. (ON PUBLIC LAW TODAY)
Birmingham set to pursue community interest company for children's services
City council’s cabinet due next week to decide whether to put its children’s services into community interest company
LGSS Law secures roles with fire authority, major housing group
Development corporation seeks £3m legal advice on garden city
Former Ombudsman joins Committee on Standards in Public Life
Sutton sets up specialist planning and development law firm
MORE NEWS STORIES
High Court judge quashes planning permission for £17.9m sports facility
Judge quashes council’s grant of planning permission for new, £17.9m football and athletics facility, finding that authority had erred in its interpretation of National Planning Policy Framework
City settles claim over failure to protect woman when in care as child
Council reaches out of court settlement with woman who accused it of failing protect her when she was in its care as child
Four councils in Bucks to submit unitaries plan to Communities Secretary
Districts in Buckinghamshire agree to submit plans to Sajid Javid for local government reorganisation in county that would, if implemented, see creation of two new unitary authorities. County council backing single authority
Wheelchair user wins appeal to Supreme Court over bus company policy
Supreme Court unanimously allows – but only to a limited extent – disabled man’s appeal over lawfulness of bus company’s policy on use of space provided for wheelchair users
See all of our most recent news stories
MORE NEWS STORIES
Communities Secretary confirms phased return of powers to Tower Hamlets
Sajid Javid confirms start of phased return of powers to Tower Hamlets Council, with councilors now able to resume making decisions on award of grants to local not-for-profit organisations
Former Ombudsman joins Committee on Standards in Public Life
Dr Jane Martin becomes member of Committee on Standards in Public Life
Patients Association hits out at performance of ombudsman
Patients body attacks Parliamentary Health Service Ombudsman in report that claimed significant volume of complainants received poor service.
This week's analysis
Procurement breaches changing the tender outcome
In this LexisPSL Public Law analysis, Fiona Scolding, barrister at Outer Temple Chambers, considers a recent case in relation to damages to be awarded on a procurement claim if the breach would have made a difference to the outcome of the tender.
In the first in a two-part series David Sykes analyses recent developments in relation to substantive legitimate expectations.
Honour-based violence and forced marriage in public law proceedings
Practitioners should be alert to issues that may arise in cases where honour-based violence is considered a risk by the local authority, particularly when forced marriage is considered to be a real possiblity, write Francis Wilkinson and Lauren Suding.
Homelessness decisions and the PSED
A recent Court of Appeal ruling on homelessness decisions and the public sector equality duty is a victory for substance over form, argue Kelvin Rutledge QC and Ryan Kohli.
Unaccompanied asylum-seeking children – the local authority conundrum
Ken Slade and Morris Hill examine local authorities’ statutory obligations around the complex and highly-sensitive issue of unaccompanied asylum-seeking children.
When to commit
The Court of Appeal recently expressed deep concern at the jailing of a woman who refused to comply with a welfare order in relation to a man she moved to Portugal. The Court of Protection team at 39 Essex Chambers reports.
Tidal lagoons get backing as delayed pipeline decided - by Angus Walker
This entry reports on the outcome of the Hendry review and the decision on the Yorks & Humber CCS Pipeline application.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Applications to the Court of Protection and s.21A MCA
When is an application to the Court of Protection under s.21A of the Mental Capacity Act required? Baker J has answered this question and provided some practical guidance in a long-awaited judgment. Claire Leonard
Adult Social Services: The Care Act and the need for accommodation
The High Court has confirmed that a need for accommodation alone does not amount to a need for care and support under the Care Act 2014. Eleanor Sibley
examines the ruling.
Adult Social Services: The Court of Appeal on state imputability and 'private' deprivations of liberty
A local authority has successfully resisted a Court of Appeal challenge brought by the Justice Secretary in a state imputability case. Nageena Khalique QC
explains the ruling.
Adult Social Services: Who pays (No 2)?
looks at personal injury damages and after-care services under section 117 of the Mental Health Act 1983.
Adult Social Services: The meaning of 'ordinary residence'
LexisPSL Local Government
, in partnership with Jonathan Auburn
of 11KBW, discuss the meaning of and tests for ‘ordinary residence’
Children: Section 20 and accommodating children in need with their grandparents
The Court of Appeal recently considered the issue of whether local authorities are required to fund placements of children with relatives where the child’s parents are, for whatever reason, unable to look after them. Andrew Swarland
Children: Age assessments and dental development
The Upper Tribunal has given general guidance on the use of evidence of dental development in age assessment cases. Joshua Swirsky
explains the ruling.
Children: Criticism of witnesses
A social worker and a police officer who were witnesses in child protection proceedings appealed after they were subject to criticism by the judge. Laura Briggs
reports on the outcome.
Children: Radicalisation and state intervention
examines a recent High Court ruling on parents’ extreme religiously motivated views and whether the state should intervene
Community Safety: Before its time?
Can a local authority use the Anti-social Behaviour Crime and Policing Act 2014 in relation to incidents that occured before the Act commenced? Jonathan Manning
Dispute Resolution: Defending a claim for judicial review
This LexisPSL Public Law
checklist, produced in partnership with Stephen Hocking
of DAC Beachcroft
highlights the key steps and considerations for defending a judicial review claim including preliminary assessment, acknowledgement of service and skeleton arguments.
Dispute Resolution: Commencing proceedings and limitation
A recent decision serves as a timely reminder of the strict approach of the Court to the rules surrounding service of proceedings and limitation, writes Sharon Dysart
Dispute Resolution: Obvious risks and occupiers' duties
The Court of Appeal recently allowed an appeal by a local authority over an order that it should pay compensation to a claimant injured in a public park. David Williams
examines the case.
Education: Grammar schools: back to the future?
reviews recent evelopments in relation to grammar schools, including the Government's latest proposals.
Education: Segregation of sexes in school
What are the obligations of schools under the Equality Act 2010? Mark Blois
talks to LexisNexis
about how a recent high-profile court case has made no change to the core obligations schools are under.
Education: SEN statements and choice of school
What should happen when parents cannot agree on the choice of school in a statement of Special Educational Needs? Joanne Clement
looks at recent guidance from the Upper Tribunal.
Employment: Discrimination arising from disability
A recent Employment Appeal Tribunal ruling in a case involving a school run by a city council should act as a warning for employers, writes Eleanor Boyd
Employment: Officers, relatives and apparent bias
A High Court judge has found decisions tainted by apparent bias where an officer’s husband worked for a rival developer. John Hunter
Employment: Reforms to IR35 for public sector engagers
and Ben Watson
examine the latest developments in relation to the intermediaries rules and the public sector.
Governance: Devolution and local growth: borrowing powers
There have been suggestions that next week's Autumn Statement may deliver greater flexibility for combined authorities when it comes to borrowing. Judith Barnes
looks at the benefits this would bring.
Health: The power to commission PrEP
A Court of Appeal ruling that NHS England had power to commission the anti-retroviral drug PrEP will be welcomed by councils. Monica Blades-Chase
explains the judgment.
Housing: Moving on out
The Court of Appeal has upheld a ruling on whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended. Justin Bates
sets out the background to the case.
Housing: Out of the Blue
looks at the ramifications for social landlords' use of suspended possession orders after the Court of Appeal's decision in Cardiff County Council v Lee.
Housing: The bedroom tax in the Supreme Court
The Supreme Court has handed down its much-anticipated ruling over the so-called 'bedroom tax' or 'spare room subsidy'. John Fitzsimons
analyses the outcome.
Information Law: New directions for Article 10
The European Court of Human Rights has reversed the Supreme Court’s ruling in the Kennedy case on rights of access to information. Richard Clayton QC
Information Law: The value of FOI
LexisPSL Public Law
speaks to Adam Chapman
, partner and head of public law at Kingsley Napley, about the potential expansion of the UK’s freedom of information (FOI) regime.
Information Law: Stay ahead of data protection trends
It has been a busy year for anyone looking to stay on top of data protection and privacy law. What are the key risks and developments that public authorities should be keeping in mind going forward? Andrew Gallie
Licensing: The Alchemist of the North
A recent court case has provided a reminder that cumulative impact policies should generally act as a filter and not a bar, writes Philip Kolvin QC
Licensing: Shisha smoking – a hot topic
looks at Westminster City Council's approach to controlling shisha smoking and reports on an appeal where the authority has sought to use planning legislation.
Licensing: Licensing and Planning
The operation of premises for licensable activities requires both planning and licensing authorisations. There will be overlaps as issues such as noise nuisance may be considered by both planning and licensing committees when deciding whether to grant authorisations and any conditions to be attached. Prof Roy Light
Licensing: Fabric – a rollercoaster ride of a case
Well-known nightclub fabric recently managed to stay in business after settling its appeal against Islington Council's decision to revoke its premises licence. Paddy Whur
, who acted for fabric, sets out how.
Management: Better than ever
, head of EMLawShare, sets out the highlights from the legal services consortium's fifth conference.
Planning: Outline applications for planning permission
How wide is the scope of an outline application for planning permission? John Pugh-Smith
looks at the issues.
Planning: Neighbourhood plans – here to stay
provides an update on the growing significance of neighbourhood plans.
Planning: Down to basics!
A High Court judge has recently considered a question about the extent to which subterranean development can be carried out relying on the current regime of permitted development rights. John Pugh-Smith
analyses the case.
Planning: Still defying the conventions? Planning and human rights in 2016
The Courts have just considered the first challenge to a neighbourhood planning on human rights grounds. The plan survived but the case served as a timely reminder of a body of law that has enduring relevance to planning, writes Sue Chadwick
Procurement: Termination clauses and the Public Contracts Regulations 2015
This LexisPSL Local Government
article, produced in partnership with Mark Bassett
addresses the question of whether contracting authorities need to redraft their standard termination clauses for contracts subject to the Public Contracts Regulations 2015.
Procurement: Local aid is not State aid
examines how local authorities can provide local aid without falling foul of rules on state aid.
Procurement: Trends in procurement
Procurement law continues to develop apace. David Hansom
and Robert Prater
highlight two significant cases over the past 12 months.
Procurement: Fat finger syndrome - demolished!
How should contracting authorities respond when tenders are submitted accidentally, say with the wrong information. Helen Prandy
considers a recent Scottish case.
Projects: Estate regeneration and the right to buy
A High Court judge recently dismissed a legal challenge over a Cabinet’s authorisation of the redevelopment of a large housing estate. James Goudie QC
explains the ruling, including an important issue in relation to the Right to Buy.
Projects: Time for a review?
provides some top tips on how local authorities can go about evaluating the effectiveness of their alternative delivery vehicles.
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: Clarity and conduct
The RICS has issued a new edition of its dilapidations guidance note. Sarah Pope
examines the key changes.
Property: The rise of the place shapers
Chris Plumley examines the resurgence in public sector real estate.
Property: CPO land referencing
Compulsory purchase order land referencing just got a whole load easier, writes Chris Skinner
Regulatory: Accidents and control of premises
and Lewis MacDonald
analyse a recent case where the Health & Safety Executive brought proceedings against the freeholders of commercial properties where accidents had occurred.
Transport & Highways: 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.
Transport & Highways: Statutory incompatibility and deemed dedication of highways
analyses the application of statutory incompatibility to deemed highway dedication following recent developments on such legal principle in a number of village green cases.
|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