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Derbyshire to consider legal action if borough joins neighbouring city region
County council takes legal advice from QC about potential legal challenge to Chesterfield’s decision to join Sheffield City Region
Newspaper wins FOI appeal over names of councillors who failed to pay council tax
Local paper wins appeal to Upper Tribunal over whether local authority should be required to reveal name of councillor who failed to pay council tax on time
Boys win appeal over striking out of negligence claim over harassment and ASB on estate
High Court judge rules that claims of two boys against council for negligence – in failing to protect them from harassment from neighbours on the estate where they lived – were wrongly struck out
Council to pay damages to boy over delay in revoking placement order
Family Court judge orders council to pay 10-year-old boy £5,000 in damages after it failed for three years to seek to revoke placement order
Council sees off High Court challenge to compulsory purchase order
High Court judge rejects as “totally without merit” legal challenge to compulsory purchase order in favour of council for 20.6 hectare former hospital site
MUST READ FOR PLANNING LAWYERS: Clarity at last on 'relevant policies for the supply of housing'?
reports on a Court of Appeal ruling described as of “critical importance to national planning throughout the country”.
East coast councils to develop business case for 'super-district'
Two councils on east coast of England agree to develop draft business case for merger leading to creation of ‘super-district’
Dorset county councillors back cut in number of councils from nine to two
“Clear majority” of county councillors back proposals to reduce number of councils in county from nine to two
Voters reject elected mayor, prefer to keep Leader and Cabinet
Voters in Bath and North East Somerset reject introduction of elected mayor and choose instead to retain current Leader and Cabinet system of governance
Council faces legal action over potential closure of alcohol treatment unit
Application made to High Court for permission to bring judicial review proceedings against city council over closure of unit that offers treatment for people with alcohol and mental health problems
Authority urged to reverse block on comedian appearing at council venue
Petition calling on local authority to reverse its decision to refuse to allow Roy 'Chubby' Brown to perform at council-owned venue attracts support of more than 500 people
|LAST CALL FOR THIS KEY EVENT: Cornerstone Barristers: Health & Social Care 360° in London on 23 March.
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MORE NEWS STORIES....
Council to share intelligence after discovery of £1.4m housing benefit fraud
London borough to share information and intelligence with other councils and HM Revenue and Customs, after three people found guilty of £1.4m housing benefit fraud
Homecare services provider settles travel time claim brought by ex-employee
Claimant law firm believes there are potentially thousands more workers at care providers who are, or who were, being paid less than the National Minimum Wage
University wins battle over certificate of lawful use for hall of residence
University wins in High Court over council’s refusal to grant application for certificate of lawful use for hall of residence for students and conference delegates
Councils net flexibility on spending revenues from sale of surplus assets
Local authorities are to be allowed – for a three-year period – to spend any revenues they generate from selling surplus assets, such as property or shares and bonds, to fund improvements in areas like housing and children’s services, DCLG says
Anglesey becomes latest Welsh council to apply to suspend Right to Buy
Isle of Anglesey County Council becomes latest local authority in Wales to apply for suspension of Right to Buy
ON THE MARKETPLACE
Leading public law QC joins Landmark from Garden Court
Ward and Moser voted in as joint heads of Monckton Chambers
NW housing association tenders for £1.1m governance and corporate legal advice
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New articles on Local Government Lawyer
Section 17 and Child Arrangements Orders
Jacqui Gilliatt sets out some practice points arising out of a recent case involving section 17 and Child Arrangements Orders.
The digital agenda
Dan Read sets out the key issues for public bodies looking to exploit the opportunities for collaboration and innovation provided by the digital agenda.
Extending the local connection requirement
John Murray looks at the extension of the "local connection" requirement to four years for homeless applicants.
“I reasonably don’t believe you”
Jonathan Auburn looks at the issues when local authorities consider refusing social care support on credibility grounds.
What now for selective licensing?
Tara O’Leary examines the latest developments in relation to selective licensing, including the Government's ‘20/20 rule’ and the end of borough-wide schemes.
Reasonable adjustment after Griffiths
Peter Linstead analyses a significant Court of Appeal ruling on the correct comparator in a disability claim.
Dealing with mistakes in registered land
Amanda Eilledge examines a recent High Court case involving a London borough and the mistaken inclusion of a basement within the registered title for a ground floor property.
Contaminated land - one to watch
Stephen Tromans QC and Victoria Hutton provide an overview of a Part 2A Inquiry concerning a remediation notice served by a local authority.
The latest blogs...
Budget 2016 - Government accepts NIC recommendations and gives it two new jobs
by Angus Walker
Although the sugary drinks tax has grabbed the headlines, infrastructure runs through yesterday’s Budget statement like the bubbles in a can of, er, soda water.
NIC issues third report, on Northern transport
Yorkshire gas pipeline gets go-ahead
NIC issues second report, on London transport
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Care home regulation
Is care and nursing home regulation and monitoring due for a shake up (or shake down)? Jonathan Auburn l
ooks at the Government’s Cutting Red Tape review.
Adult Social Services: Community care and the PSED
Does the Public Sector Equality Duty apply to individual community care decisions? Jonathan Auburn
analyses the key issues.
Adult Social Services: The Court of Protection and CICA awards
What part must the Court of Protection play in the finalisation of an award to an incapacitated person that the Criminal Injuries Compensation Authority has decided should be held on trust? David Rees
Children: Section 20 of the Children Act 1989 – local authority duties
LexisPSL Local Government
and Claire Cousin
outline a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989, identifying the challenges a local authority may face including parental consent and capacity.
Children: Problems with a fact-finding hearing
The Court of Protection team at 39 Essex Chambers
look at the lessons from a Court of Appeal ruling that a judge’s fact-finding exercise was fatally flawed.
Education: School closure consultation
The High Court has rejected a legal challenge to a Welsh council’s plans to close a secondary school. James Goudie QC
Education: The OIA and judicial review
, Deputy Adjudicator, sets out ten principles from ten years of legal challenges involving the Office of the Independent Adjudicator for Higher Education. (ON PUBLIC LAW TODAY)
Education: Academy sponsorship details and FOI
A recent case in the First-tier Tribunal has served as a pertinent reminder that certain information relating to the funding of academies may be disclosed under the Freedom of Information Act 2000. Richard Auton
reports. (ON PUBLIC LAW TODAY)
Employment: Caring for your carers
The Supreme Court has handed down an important decision in the case of the duties employers owe to employees working outside in areas over which they have no control. Steven Conway
looks at the impact of the ruling.
Employment: Re-organisation in the public sector
explores some of the employment law pitfalls that arise when public sector bodies attempt to re-organise.
Employment: Complaints and an 'act extending over a period'
The Employment Appeal Tribunal has suggested that different complaints may be considered together in deciding whether there has been an 'act extending over a period'. Allison Cook
analyses the ruling.
Employment: Injury to feelings payments and tax
analyses an important Upper Tribunal decision on settlements and the tax treatment of injury to feelings payments.
Employment: Can you speak English please?
A recent Employment Appeal Tribunal decision revisited the question as to whether an employer can instruct employees not to speak in a foreign language at work. Sejal Raja
and Michael Pine
examine the judgment.
Governance: Article 8 and decision-making
Two recent decisions demonstrate the reach, applicability and importance of Article 8 of the European Convention on Human Rights in terms of the functions and decision-making of public bodies, write Peter Wake a
nd Nick Peel
Governance: Is your Constitution due a health check?
With Annual Council only a few months away, now is the time to be checking your authority’s constitution, write Judith Barnes
and Frances Woodhead
Governance: Devolution Act gets Royal Assent
Legislation aimed at delivering the Government's devolution agenda has received Royal Assent. Judith Barnes
sets out the key measures.
Governance: The revised consultation principles
The Cabinet Office has issued a revised set of consultation principles. Stuart Thomson
looks at the key changes.
Governance: 15 years of the Human Rights Act
Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC
talks to LexisNexis
about the past, present and future.
Healthcare: A human rights cautionary tale?
A recent High Court judgment involving claims against an NHS trust and an ambulance service dealt with the legal test for liability, causation and victim status. Francesca O'Neill
reports on the outcome. (ON PUBLIC LAW TODAY)
Healthcare: Corporate manslaughter and public bodies
The first prosecution of an NHS Trust for corporate manslaughter collapsed. Tracey Longfield
and Colin Moore
explain what the case tells us. (ON PUBLIC LAW TODAY)
Housing: Enforcement of possession orders
looks at the issues raised by enforcement of a possession order by High Court writ rather than County Court warrant.
Housing: Housing cases of interest
sets out the recent housing cases of interest over the last three months.
Housing: Failure to offer alternative accommodation
The High Court has recently considered two cases concerning the lawfulness of a council's failure to transfer two autistic children and their mothers to safe accommodation. Christopher Baker
reports on the outcome.
Housing: Principle versus pragmatism
Is it lawful for a Houses in Multiple Occupation licence to restrict the use of a bedroom to a particular occupier, such as students? Alex Campbell
analyses a recent Upper Tribunal ruling.
Housing: Money, money, money - councils make the world go around
What do councils need to consider when on-lending? Jon Coane
and Gurbinder Sangha
look at the key issues.
Information Law: Public health funerals and FOI
examines the issues surrounding public health funerals, heir hunters and freedom of information.
Information Law: Data breach notification and the new EU Data Protection Regulation
looks at what the new EU Data Protection Regulation says about data breaches and the need for data controllers to notify.
Licensing: Step changes proposed to summary reviews
and Josef Cannon
consider the implications of the recently proposed changes to the Summary Review procedure in the Licensing Act 2003.
Licensing: Bingo in pubs: the Greene King case
considers the recent decision of the Upper Tier Tribunal in favour of the Gambling Commission in its appeal in the Greene King case concerning bingo in pubs.
Licensing: Fuel on the fire
A restauranteur has recently lost an appeal over the revocation of the licence for a venue that was previously a petrol station. Philip Kolvin QC
Licensing: The cumulative impact policy in Leeds
Is Leeds’ new Cumulative Impact Policy the way forward? Paddy Whur
Licensing: Exempt lotteries and deregulation
The long-awaited relaxation of rules on exempt lotteries has finally been announced, writes Anna Mathias
Litigation: The Supreme Court on vicarious liability
Two important Supreme Court judgments concerning vicarious liability were handed down last week. Kate Richmond
Litigation: Early neutral evaluation
Changes to civil procedure rules mean greater use could be made of Early Neutral Evaluation, writes Marie-Claire O'Hara
Litigation: When experts go wrong
and Michael Fallow
report on a sorry tale from the Technology and Construction Court about when being an expert goes horribly wrong.
Management: Selling your services
deals with the question of what is permissible under the SRA's Handbook and the Legal Services Act 2007 for those local authorities looking to sell their services more widely.
Management: Shared services: key issues
LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.
Planning: Two into one….
Is it lawful to charge the Community Infrastructure Levy by treating two planning permissions as a single planning permission? Christopher Cant
analyses a recent High Court ruling.
Planning: The pooling restriction and infrastructure shortfalls
considers how councils can cope with a potential infrastructure shortfall due to the pooling restriction.
Planning: EIA trumping
looks at the consequences when a planning decision was made while the Secretary of State’s EIA screening direction process was still pending.
Procurement: Plus ça change…
and Tom Benjamin
give five reasons why Brexit is unlikely to spell the end of procurement regulation in the UK.
Procurement: Bidders supported by other entities
Can a contracting authority require a bidder that wants to rely on another entity’s expertise in making its bid enter into a contract with that other entity? Nathan Holden
considers the issues.
Procurement: The NHS Procurement Regulations: first case
The High Court has heard the first case considering NHS Procurement Regulations. Patrick Parkin
and Richard Binns
consider the outcome. (ON PUBLIC LAW TODAY)
Procurement: Kept in suspense
looks at an early ruling in one of the first disputes where the Court has had to consider the Public Contracts Regulations 2015.
Procurement: The ESPD: what do you need to do?
The European Single Procurement Document came into force from 26 January 2016. Ruth Smith
explains what it entails and the issues that remain unresolved.
Projects: Sweating your assets
How can local authorities get more from their assets without selling off the family silver? Owen Willcox
Projects: State aid - beware compound interest!
A recent case from the European Court of Justice (CJEU) serves as a useful reminder of the risks of getting state aid wrong and the consequences of a recovery order, writes Robert Prater
Projects: Comparing project management methodologies
LexisPSL Public Law
and Andy Cooke
of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile.
Property: Legal costs and service charges
When it comes to the recovery of legal costs as a service charge, what has changed since the Supreme Court ruling in Arnold v Britton? Howard Lederman
Property: Real estate and smart property management
What does the 'one public estate' concept mean in practice? Clive Bleasdale
and Nathan East
set out some of the key considerations.
Property: Public law defences and sales of land
explores the availability of public law defences and promissory estoppel in the context of a contract for the sale of land.
Property: Breaking point
The Supreme Court has put an end to the confusion over break clauses, apportionment and implying contractual terms. Martin McKeague
and Emma Porritt
look at the key lessons from the ruling.
Regulatory: Environmental damage: What does this really mean?
For the first time, the High Court has considered in detail the scope of the concept of "environmental damage" under the Environmental Liability Directive and its associated regulations. Emma Duffy
and Rebecca Roffe
report on the outcome.
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.
|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.
|The Importance of Judicial Review
||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
||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
||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.