Supreme Court to consider NPPF definitions for first time
We are pleased to announce the launch of our new jobs board www.publiclawjobs.co.uk. This replaces the existing board on the Local Government Lawyer website and provides enhanced search capabilities, the opportunity to create bespoke email alerts and the facility to upload your CV, enabling potential employers to find you.
Some of the excellent opportunities on Public Law Jobs this week include:
LGSS Law, the social enterprise law firm owned by three local authorities, is recruiting: Head of Property & Planning (£45,936-£62,426); Principal Lawyer - Litigation; Lawyer - Property; Principal Paralegal - Litigation; Trainee Solicitor x3.
The tri-borough legal team for Westminster, Kensington & Chelsea and Hammersmith & Fulham Councils is hiring Planning Lawyers (£43,620-£52,041).
HB Public Law: Senior Lawyer - Planning & Regeneration; Lawyer Planning and Regeneration; Lawyer - Adult Social Care; Lawyer Contracts, Procurement & Information; Lawyer - Property; Lawyer Social Care
Training contracts: Merseyside Fire & Rescue: Trainee Solicitor.
LGSS Law: Trainee Solicitor x3
Decision re-opens the controversy over the meaning of “relevant policies for the supply of housing” in paragraph 49 of the NPPF, a clear definition of which has eluded decision makers
Timeframes for care proceedings reduced significantly says research
Introduction of the 26-week limit has almost halved the time taken to complete care proceedings but problems with the system remain
Planning Inspectorate orders rebuilding of demolished pub
Inspectorate endorses Westminster City Council’s decision to order a developer to rebuild an unlawfully demolished pub
Communities minister outlines new business rates appeals system
Simpler three stage system for business rate appeals will be introduced ahead of the 2020 transition to councils depending on these rates for bulk of income
Council "unreasonable" for refusing to accept third application for assistance
Southwark acted unlawfully in refusing to accept a third application for homelessness assistance, administrative court finds
NHS England ends care.data programme
Programme eneded following review by the national data guardian for health and care Dame Fiona Caldicott.
LGO criticises council for inconsistent application of policy in green belt planning application
Local Government Ombudsman criticises St Helens Metropolitan Borough Council for process of allowing a five bedroom house to replace a dormer bungalow on Green Belt land
Council suspends possession claims against tenants in water bills claim
Southwark has halts possession actions against tenants unlawfully charged for water and sewerage
London borough fined £500,000 after worker injured cutting trees
London borough fined half a million pounds after road worker suffers serious injury whilst cutting trees
Human rights specialist Samuel joins Doughty Street Chambers
Birketts adds two former LA lawyers to Planning and Environmental team
HA secures £250m funding to support major housing development programme in East London and Essex
Law firm DAC Beachcroft sees turnover break £200m
MORE NEWS STORIES....
County council faces judicial review challenge to approval of fracking plans
Leigh Day, acting on behalf of resident group Frack Free Ryedale and Friends of the Earth, argues that the decision was unlawful
High Court dismisses challenge to school plans on 'greenfield' site
Challenge to the grant of planning permission for a free school on metropolitan open land thrown out
Government clarifies position of EU migrants in UK ahead of BREXIT talks
European Union nationals resident in the UK for more than five years have permanent leave to remain
MUST READ FOR GOVERNANCE LAWYERS: Download Browne Jacobson's report on devolution:
Tenants win "forward looking test" case at Court of Appeal
Tenants argue that others were responsible for cannabis farms found in properties and promise that such conduct would be prevented in future
Judge quashes planning permission over interpretation errors
Judge finds series of errors in the way in which the planning authority processed the application
Sajid Javid appointed as Communities Secretary
Replaces Greg Clark as the Secretary of State for Communities and Local Government in the new Cabinet announced by Theresa May
See all of our most recent news stories
Analysis on Local Government Lawyer
A weighty matter
The Secretary of State’s decision to refuse planning permission for a 120-home scheme in Sussex has been quashed for a second time. Andrew Parkinson explains why.
Capacity, the need for an EHC Plan and transport
Rachel Kamm reports on three Upper Tribunal cases about the capacity of young people to bring SEN appeals, the need for an EHC Plan, and home-school transport.
The Green Belt and the NPPF
Victoria Hutton analyses the latest Court of Appeal ruling on the Green Belt provisions in the National Planning Policy Framework.
Lease termination – The devil in the dilapidations detail
Dilapidations disputes are no new creation. Yet so often we find that creative arguments advanced by either party cause these disputes to run their course and end up before our Courts – incurring significant cost for both parties which often outweighs the value of the claim write Amy Rudrum and Aaron Macauley
Abuse of process in licensing test purchasing
Paddy Whur looks at the case of East Riding of Yorkshire Council against Dearlove and the parameters for test purchasing of licensed services.
Protecting P – lessons from the family court?
The Court of Appeal's recent comments in care proceedings as regards the procedural obligations incumbent upon those dealing with vulnerable individuals are highly relevant to COP practitioners, write 39 Essex Chambers.
We are two weeks on from the Brexit vote and life is starting to settle down, with some certainties starting to emerge. We have a new Prime Minister. We will leave the EU. The sun will continue to rise in the morning. Other than that, things start to become less certain. So what is the mood of local government?
Climate change risk assessment highlights infrastructure
The Committee on Climate Change (the CCC), has issued a ‘Climate Change Risk Assessment 2017’. The report identifies four elements to climate change (only half of one of which is the old term of ‘global warming’)
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: False imprisonment, causation and damages claims
A recent Supreme Court ruling provides a reminder of the importance of causation in damages claims for false imprisonment. Eirwen Pierrot
explains its relevance to mental health law and the Court of Protection.
Adult Social Services: Transparency and the Courts
examines issues around transparency and the ‘interface’ between the Family Court and the Court of Protection.
Adult Social Services: Creating a sustainable healthcare system
In the pursuit of a sustainable healthcare system local government must not be left behind, write Michael Boyd
and Judith Barnes
Children: Sanctioning ex-teachers
and Louise Murphy
examine a successful appeal challenging the jurisdiction of the Secretary of State for Education to make orders in relation to former teachers.
Children: Cheshire West and children
considers how the courts are applying the Cheshire West
principles to Children Act cases.
Children: Age assessment and litigation fairness
The Court of Appeal has handed down a wide-reaching judgment that directly concerns age assessment cases, but the principles enunciated apply to all litigation (private and public), writes Peter Oldham QC
Community Safety: Using cumulative impact policies
Councils should be wary of the unintended consequences of cumulative impact policies, writes Paddy Whur
Education: Term time holidays – what you need to know!
In the aftermath of the High Court's recent ruling, where are we when it comes to prosecutions for failing to ensure regular attendance at school? Richard Freeth
Education: Education, health and care plans
LexisPSL Local Government
, in partnership with Anita Chopra
and Chris Barnett
of Match Solicitors set out a checklist for moving children from statements to the new regime of education, health and care plans.
Education: Censorship or justified concern?
A High Court judge recently heard a group of academics' judicial review challenge to a university's decision to withdraw permission for a conference on international law and Israel. Dominic Ruck Keene
analyses the judgment. (ON PUBLIC LAW TODAY)
Education: Academies and public law: Pt 2
In the second in a two-part series, Mark Johnson
looks at what academies should consider when carrying out consultation. (ON PUBLIC LAW TODAY)
Employment: What next for employment law in the wake of Brexit?
sets out the most likely areas for reform of employment laws now that the UK has voted in favour leaving the EU.
Employment: The Supreme Court on employee reinstatement
The Supreme Court has recently issued a key employment law ruling on the remedy of reinstatement. James Goudie QC
analyses the judgment.
Employment: Is the past 'prologue'? TUPE and SPCs
For service provision changes under TUPE, "organised groupings" and 'assignment' are two separate, but linked, concepts. Anne Palmer
explains EAT guidance on whether historic structures should be taken into account when analysing the former.
Employment: Contractual staff handbooks
A recent Court of Appeal decision highlights the limitations of contractual staff handbooks for employers, writes Jessica Ryan
Employment: Wider still, and wider?
considers a recent case involving a London borough and the wide range of circumstances in which employees may bring claims of discrimination arising from disability.
Governance: Consultation in austerity 2016: a practical guide
of Thurrock Borough Council provides a practical note on consultation procedure for local government practitioners and gives advice on how to carry out consultation which should be resilient to challenge.
Governance: What now for trust ports?
examines the key findings and recommendations from the Department for Transport’s trust port study.
Governance: Making collaboration work
In the first entry of a new blog, Olwen Dutton
considers what makes public services collaboration work - and the role of local authority lawyers in delivering success.
Governance: Combined authorities – accountability is key
With the drive to greater regional devolution, combined authorities, local authorities and other key stakeholders will need to address significant issues around accountability, writes Anja Beriro
Governance: Audits and auditors - England
In partnership with Stephen Sheen
, the LexisPSL Local Government
team highlights key features of external audit and internal audit in England.
Healthcare: Advance decisions to refuse treatment
Housing: Social housing and Brexit
Alex Ruck Keene looks at the circumstances where medical professionals might not be bound by an advance decision to refuse treatment.
Healthcare: Creating a sustainable healthcare system
In the pursuit of a sustainable healthcare system local government must not be left behind, write Michael Boyd and Judith Barnes.
Healthcare: The CoP and reporting restrictions after death
The Court of Protection has recently considered whether reporting restrictions in a case should continue after the individual's death. Rosalind English reports.
How will the social housing sector be affected by the UK leaving the EU? Jonathan Cox
Housing: All change in housing law
examines some of the greatest changes to housing management law for many years.
Housing: Trespassers and proportionality
A High Court judge recently considered whether one local authority's bid to evict a trespasser was proportionate in circumstances where another council had accepted a duty to the man as a homeless person. Emily Orme
analyses the outcome.
Housing: Sub-letting: have you got the best evidence?
considers some of the issues arising, and the court procedures available to, social landlords taking possession action because the tenant is believed to have sub-let or parted with possession of the demised premises.
Housing: Consult in haste, repent at leisure
As local housing authorities nationwide consider introducing or renewing additional and selective licensing schemes, Dean Underwood
considers the requirements of a key pre-condition to designation and provides local housing authorities with tips about lawful consultation.
Housing: Lower standards in some HMOs?
Nottingham City Council is planning to go to the Court of Appeal after it lost an Upper Tribunal case on its decision to ban two small bedrooms being used as sleeping accommodation. David Hobbs
Information Law: The future of data protection
What does the vote in the EU referendum mean for the future of data protection in the UK? Anya Proops QC
Information Law: Transparency updates and the revised s45 Code
examines recent transparency-related developments that will have a potential impact on the engagement of exemptions under FOIA and the EIR, and the public interest balance.
Licensing: Using cumulative impact policies
Councils should be wary of the unintended consequences of cumulative impact policies, writes Paddy Whur
Licensing: A cautionary tale
A recent case underlines the importance of complying with Court directions in case management hearings for licensing appeals, writes James Rankin
Litigation: County Court "costs only" appeals
reports on three cases in which applications for permission to appeal against a costs order were heard together by the Court of Appeal to establish the correct destination of such appeals.
Litigation: Council tax reduction and the Denton Principles
The High Court has recently applied the Denton
Principles in a council tax reduction appeal. Richard Hanstock
Litigation: Standard of review in Aarhus cases
David Hart QC
examines the latest Aarhus Convention point to come before the domestic courts, in a case involving a city council.
Planning: Don’t…leave me this way?
and Sue Chadwick
consider the Government’s record so far in the environmental arena and what Brexit might mean in terms of planning law.
Planning: 'Especial speed' in judicial review
The Court of Appeal has given a blunt reminder on the importance of promptly filing judicial review applications in planning cases, writes Katie Scuoler
Planning: Bringing a bit of order to planning conditions
Richard Harwood OBE QC
examines the messy state of planning conditions, and calls for the introduction of simplicity to the area.
Planning: Only a partial victory?
The Government may have hailed its successful appeal over its affordable housing and small sites policy as a major victory but it is not the end of the battle for local planning authorities, writes John Pugh-Smith
, who also considers some of the overlapping implications with the 'Starter Homes' initiative.
Planning: The Public Sector Equality Duty and planning
examines the importance of the Public Sector Equality Duty in planning decision making.
Procurement: What does Brexit mean for procurement?
What is in store for public sector procurement? Jonathan Parker
considers the implications of last week's Brexit vote.
Procurement: Operating a Dynamic Purchasing System
In the third article in a series on dynamic purchasing systems, Susie Smith
looks at the process for award of contracts under a DPS, the issue of reviewing suppliers' suitability for continued membership, and remedies.
Procurement: Competitive dialogue for local authorities: basic principles
Having been involved in six Competitive Dialogues including the Kent County Council Back Office Procurement, Adeola Sonola
draws on her experience and examines the issues involved in a CD process, giving practical tips on how to ensure a successful outcome.
Procurement: Obtaining meaningful procurement remedies
When an incumbent provider last year challenged a council's award of a contract for domestic violence services, a High Court judge maintained the automatic suspension. Fran Mussellwhite
looks at what happened next.
Procurement: Regulation 53 and publication of procurement documents
“Do we really need to publish all our procurement documents before we go to market” is a question frequently asked by clients. Davina Cross
examines the issue.
Procurement: Setting up a Dynamic Purchasing System
In her second article on Dynamic Purchasing Systems, Susie Smith
looks at the process for dealing with Requests to Participate (RTPs) from economic operators after a DPS is established.
Projects: State aid anyone?
What does the EU referendum result mean for state aid? Paul McDermott
and Rebecca Rees
Projects: Cloud technology: the legal and practical issues
With public sector organisations looking to take advantage of technology to deliver cost saving benefits, Dan Read
highlights some of the legal issues when collaborating as well as the practical and operational challenges.
Projects: Brexit and state aid
Will ‘Brexit’ free the UK from State aid rules? Jonathan Branton
Projects: Playing by the rules
In a key state aid case involving a loan made by a city council, the Court of Appeal recently considered the Market Economy Investor Principle. Angelica Hymers
analyses its ruling.
Projects: Changing Development Consent Orders
Following the decision of the Energy Secretary to make a non-material amendment to the East Anglia ONE offshore windfarm development consent order, Hereward Phillpott QC
and Isabella Tafur
consider the procedure for making changes to DCOs after they have been made and some of the issues to be aware of.
Projects: Refinancing PFI and PPP deals
sets out some of the key considerations for local authorities that are looking to refinance their PFI or PPP deals.
Property: The Upper Tribunal on Ft-T Rule 13 costs
The Upper Tribunal has released a long awaited decision on Ft-T Rule 13 costs, Hardwicke
Property: Further development of the Asset of Community Value regime
reviews the latest judgments on the application of the Assets of Community Value regime.
Property: How to surrender a lease
It is not always clear whether or when a lease has been surrendered by operation of law. Actions, rather than words, matter, so it is crucial for both landlords and tenants to realise the implications of their conduct, writes Elizabeth Thompson
Property: Of palm trees and a Chancellor’s foot
The Upper Tribunal has considered – in a service charges case involving a London borough – the concept of issue estoppel. Alastair Redpath-Stevens
analyses the judgment.
Property: Overage clauses and drafting issues
reviews the main elements of agreeing overage agreements that local authorities need to take into account when agreeing overage terms.
Regulatory: Models of building control provision
discusses legal issues related to alternative models of building control provision.
Regulatory: Game of drones – the law
examines the issues that local authorities may face as a result of the use of drones.
Transport: TfL and roads in the capital
A High Court judge has ruled on a dispute over the extent of Transport for London’s interests in London’s roads. Charles Banner
reports on the outcome.
Transport: What now for trust ports?
examines the key findings and recommendations from the Department for Transport’s trust port study.
|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
|Social Housing Fraud
||This presentation identifies the main types of social housing fraud committed, the remedies available to tackle it and provides guidance on which are most suitable for particular types of fraud.
|Governance and Monitoring
||This presentation focuses on four topical areas of local authority governance: employee surveillance (including on social media), decision-making (pecuniary interests, bias, and committee make-up), whistleblowing and the counter-terrorism Prevent duty.
|Managing Cuts Lawfully
||This presentation looks at how legal challenges to decisions resulting from budget cuts can be avoided, mitigated and defended, focusing on the two grounds of challenge which appear most frequently unlawful consultation and breach of the PSED.
|Homelessness Update: Vulnerability and Intentionality
||This presentation highlights and analyses the landmark decisions of the Supreme Court in determining “vulnerability” under the Housing Act 1996 and whether somebody has made themselves intentionally homeless.
|The Anti-Social Behaviour, Crime and Policing Act : One Year On
||A little over a year on from its implementation, this presentation looks at the effect of the Anti-Social Behaviour, Crime and Policing Act 2014. This short presentation focuses on the use of the new civil injunction powers and Criminal Behaviour Orders (
|Housing: Key Developments in 2015
||Ranjit Bhose QC, Dean Underwood and Tara O’Leary present an update on key developments in housing law, focusing on recent changes to the right-to-buy regime, judicial alterations to allocations policies and welfare reforms.
|Implementing the Care Act: Legal issues for local authoritie
||This presentation looks at potential consequences of a number of key aspects of Care Act 2014 and outlines how local authorities can avoid or mitigate the potential issues it creates.