Editor's blog: A principled approach
When writing a news story a few weeks ago about the Cabinet Office’s new guidance
for Whitehall departments and their agencies on running consultations, I did get the feeling that – however well intentioned – the move was potentially creating a minefield.
No-one would disagree that it is a good idea for consultations to be “targeted and proportionate”. The problem is that people’s view of what that looks like can differ widely. Read more...
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DCLG consults on formal right to re-open s106 negotations Government aims to reignite housing development projects mothballed before April 2010.
Green light for launch of second Family Drug and Alcohol Court New court to in Gloucestershire with the backing of the county council, NHS Gloucestershire and Her Majesty's Courts and Tribunals Service.
EU reforms to procurement could make matters worse: LGA Planned EU reforms to the current procurement regime risk making matters “even more convoluted and costly”, the Local Government Association has claimed.
National bodies criticise DCMS over time allocated for consultation Attack comes just weeks after new Government guidance was issued calling on departments and their agencies to adopt a “more targeted and proportionate” approach to the consultations they carry out.
Landlord wins appeal over confiscation after selective licensing breach Court of Appeal rules that rental income from an unlicensed property does not constitute a person’s benefit from the proceeds of crime.
Harrow and Barnet legal teams to tie knot on 3 September Aim is to save £4.4m over a five-year period. Barnet staff will transfer to Harrow under TUPE.
First joint prosecution for illegal money lending and gambling
SRA to consult in Autumn on enforcing ban on referral fees in PI cases
Health & Safety Executive consults on simplifying RIDDOR regime
Hampshire housing association launches tender for legal services
LGSS Law shared service notches up £600k+ savings in 12 months
Council failed to consider "best value" in property demolition plan: LGO
See all of our most recent news stories
New articles on Local Government Lawyer
High Noon for Doncaster Budget
Nicholas Dobson analyses the outcome of the recent Administrative Court encounter between Peter Davies, Elected Mayor of Doncaster MBC, and the Council itself in which the claimant was seeking judicial support for a decision of the Council over a contrary one of the Mayor.
The Court of Appeal has ruled that there should be "severe" sentences for Selective Licensing offences, but no confiscation under proceeds of crime legislation. Matthew Paul analyses the case.
In sickness and in health
The Court of Appeal has clarified aspects of the law on sickness and holiday rights but some uncertainties remain, says Huw Rolant Jones.
The Mental Health Act 1983 - setting aside the nearest relative
Derek Jones examines the role of Approved Mental Health Professionals and setting aside a patient's nearest relative.
EL Trigger: fall out?
The Supreme Court ruling in the employer's liability 'trigger' litigation was a welcome one for local government but a number of issues remain outstanding, writes Henry Bermingham.
A changing landscape?
After all the media coverage, Richard Wald analyses the real impact of the Sea & Land Power wind farm case.
Part B services: the end of the road?
In its new draft directive on EU procurement, the European Commission envisages removing the distinction between Part A and Part B services. Ed Reynolds and David Hansom explain.
Give me a break
Julie Roberts looks at recent court cases that examined the obligations imposed by break clauses.
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Children's Rights and Decision-making Many childcare cases fall outside the purview of the Children Act 1989, leaving little guidance on best interests and participation. Increasingly filling this void is the United Nations Convention on the Rights of the Child.
Article 5 and the Court of Protection This webinar analyses recent case law to find a clearer definition of a deprivation of liberty in Court of Protection cases and assesses the implications of the court finding that a a local or health authority's care plan does constitute a deprivation of liberty.
Top Ten Public Law Cases of the Past 12 Months Richard Clayton QC reviews 10 of the most important public law decisions of the past 12 months, including important judgments on community care provision, consultation, legitimate expectation, reasons and the public sector equality duty.
The Löfstedt Review of Health and Safety Towards the end of 2011 the Government published the findings of an independent review into the burdens on business caused by the regulation of health and safety. This presentation provides an analysis of the review and its findings.
Pay Accountability Leading employment barrister Robin Allen QC examines the implications of the current focus on corporate governance on local authority employment practices, in particular in relation to pay accountability.
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The latest blogs...
Referendum on infrastructure project runs into difficulties
by Angus Walker
Southampton City Council was hoping to save costs by combining it with the existing election of a police and crime commissioner that it is holding jointly with Hampshire, Portsmouth and the Isle of Wight on 15 November. However it has had legal advice to the effect that the elections cannot be combined and would have to be held separately, increasing the cost of the referendum from £5,000 to £45,000.
Snap judgement: Is your authority likely to increase its use of ADR in the foreseeable future?
Yes, as much as possible
Yes, but only in limited cases
No, we're not familiar with the process
No, public bodies should conduct their business in public
Click here to vote now
No, the other side usually want their day in court
And some you may have missed....
Adult Social Services: Making the right choice of expert
An unusual case where there was controversy over the appointment of an expert in Court of Protection proceedings has potentially wide significance, writes the Court of Protection team at 39 Essex Street.
Children's Services: A knotty problem
A recent Charity Commission investigation highlights the dangers for local authorities who are the sole trustees of a charity, writes Andrew Uprichard
Community Safety: At your station
The sale of alcohol at petrol station forecourts has been a vexed issue for years. Jeffrey Leib
looks at recent developments.
Employment: Stress testing
In the first of two articles, Roy Woollard
looks at developments in workplace stress claims.
Governance: A knotty problem
A Charity Commission investigation highlights the dangers for local authorities who are the sole trustees of a charity, writes Andrew Uprichard
Healthcare: Breaching the Agenda for Change Jayne Flint
explains how a ruling that a NHS trust breached the Agenda for Change by deferring pay progression in cases of unacceptable sickness absence could have wider implications for the public sector.
Housing: Altered images
Can landlords be held liable for defects in a property created by tenant damage or alterations? Sian Evans
analyses a recent High Court ruling.
Licensing: Is there a better way? Paddy Whur
looks at the frustration felt by a local authority when it was faced with its inability to defend its own decision to refuse the grant of a betting premises licence under the Gambling Act 2005.
Litigation: Judicial review, settlement and costs
The Court of Appeal has given clear guidance on the issue of costs in judicial review claims where a settlement is reached before trial, writes Catherine Rowlands
Planning: Business matters Caroline Bywater
analyses a planning case in the High Court that examined the protection of local businesses as a material consideration.
Procurement: Time to take notice Richard Auton
and Jessica Cumming
provide their top ten tips on Contract (OJEU) Notices.
Projects: The LIBOR affair and local authorities
The revelations over LIBOR have dominated the front pages in recent weeks. But what are the potential consequences for local authorities? Emily Heard
, Peter Keith-Lucas
and Patrick Holmes
Property: Rights to Light - Ancient & Modern Laura Tweedy
looks at the current law in relation to rights to light and touches upon some of the problems faced by developers and landowners alike.
Regulatory: To RIPA or Not To RIPA?
The days of local authorities being able to use surveillance powers to tackle dog fouling and littering offences will soon be over, writes Ibrahim Hasan