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Public Procurement: Shaping the EU Rules into Highly Developed Advice for Clients
JOBS OF THE WEEK: Mansfield District Council is recruiting a Head of Governance and Monitoring Officer (competitive salary). Click here to see all posts and here to sign up to our job alert.

NEWS HEADLINES

Legal services in line as councils look to extend shared working
Legal services set to be included in first phase of extended shared working programme being introduced by four local authorities

Judge orders council to pay £40,000 in damages to mother and child over human rights breaches
Family Court judge orders local authority to pay £20,000 in damages each to mother and her seven-year-old daughter for breaches under the Human Rights Act. Claimants secure declarations of unlawful accommodation
 
Council faces legal action over failure to return ashes of babies
Local authority facing legal action from parents over crematorium’s failure to return ashes of their babies

Six battle for Team of the Year as finalists for LLG Awards revealed
Lawyers in Local Government (LLG) unveils finalists for its 2015 Awards, with six public sector departments going head to head for Legal Team of the Year Award

Clark hands back day-to-day running of Tower Hamlets to mayor
Government to hand back powers to London Borough of Tower Hamlets but its commissioners will remain in post, Communities Secretary says
 
Nightclub owner seeks judicial review over permission for change of use
Owner of well-known nightclub in Brixton instructs barristers to bring judicial review over planning decision she says will lead to club’s closure
 
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District names four law firms to £250k panel for procurement advice
Urban innovation body to appoint lawyers to £1.5m panels
Birmingham instructs Clayton and Skinner to obtain trespass injunction

 
FEATURED SUPPLIER: Outstanding advice and advocacy and outstanding service, Lincoln House Chambers in Manchester offer specialists in Regulatory (in Health & Safety), Licensing, JR, Crime, Immigration and many other areas relevant to local government lawyers.

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MORE NEWS STORIES....

Local authority warns NHS trust of legal action over state of disused hospital
Wakefield Council threatens NHS trust with enforcement action over derelict state of former hospital site

Government to extend gender pay gap reporting to public sector
Ministers say Government will extend plans for gender pay gap reporting beyond private and voluntary sector employers to include the public sector

Housing associations open talks on merger to create 44,000-home group
Two housing associations confirm they are in discussions about combination that would create group owning 44,000 homes

Council claims £8m savings in six months through contract renegotiations
Surrey says savings made by renegotiating contracts with range of suppliers, including IT businesses, building firms and transport companies

Residents win permission to challenge approval for seismic monitoring
Group of residents secure permission to bring judicial review claim over county council’s grant of planning approval for monitoring of seismic activity and water quality

See all of our most recent news stories
TOP ADULT CARE LOCUM ROLES: Deputy Principal Adults Lawyer (London), Senior Adult Care Solicitor (Yorkshire) and Adult Care Solicitor (Wales).

SEE ALSO: Senior Childcare Solicitor (West Midlands), Senior Solicitor (West Midlands) and Planning and Commercial Property Lawyer (South West).

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New articles on Local Government Lawyer

Grammar school expansion
Rachel Kamm considers the legal issues surrounding the Education Secretary's decision to back a new annex proposed by a grammar school.
 
A respondent's right to a fair committal application
Toby Huggins sets out some of the key provisions to be borne in mind if committal applications are to succeed.
 
2, 4, 6, 8, who do we appreciate? (how do we evaluate?)
Mark Cook looks at the likely impact of much-heralded changes to the use of evaluation criteria.
 
When is a highway not a highway
Thom Wood examines a recent High Court case where a local authority was found to have been negligent in its response to a property search about whether a parcel of land formed part of a public highway.
 
Christmas Day Off-Sales
Professor Roy Light looks at some of the issues raised by restrictions on alcohol off-sales on Christmas Day.
 
In theory - local authority data retention
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.
 
Transparency in the Family Court
A judge recently allowed publication of certain details about child proceedings. Rosalind English looks at the reasons.
 
Children, consent to medical treatment and deprivation of liberty
Stuart Marchant and Emma Timmons provide an update on children, consent to medical treatment and deprivation of liberty.


BOOK REVIEW: Cornerstone on Anti-Social Behaviour - The New Law by Kuljit Bhogal. Read the review by Gillian Marshall, Solicitor to the Council at Selby District Council.

Want to be a book reviewer? Local Government Lawyer is looking for practitioners to review the latest legal titles as they are published. Instant fame (and free legal books) guaranteed. Please contact Derek Bedlow at derek.bedlow@localgovernmentlawyer.co.uk or 0207 239 4917 with details of your areas of interest.
The latest blogs...
DCLG confirms 500-house limit in draft guidance by Angus Walker
This entry reports on draft guidance on including housing in nationally significant infrastructure project applications.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: Deprivations of liberty and the streamlined procedure: the latest
Is the stream-lined procedure for dealing with certain deprivation of liberty cases back on track? Nicholas O'Brien analyses a recent ruling by the Vice-President of the Court of Protection.

Adult Social Services: How far is too far?
A district judge recently refused to grant an order authorising a deprivation of liberty in a current placement. The Court of Protection team at 39 Essex Chambers examine why.

Children: Cases of Fabricated or Induced Illness
Kate Grieve provides a guide to cases involving Fabricated or Induced Illness (FII) and the many factors to be considered and analysed by practitioners, experts and judges in these complex proceedings.

Children: Does Article 8 survive adoption?
Do natural parents have post-adoption Article 8 rights? Keith Hollis reports on a recent Family Division ruling.

Children: Vulnerable parties, witnesses and children in the family courts
With a consultation on new rules having just closed, Amanda Johnson and Kate Tompkins provide a useful reminder of the factors to be taken into account when approaching the multiple problems arising from cases involving vulnerable witnesses.

Education: Trojan Horse and the use of banning powers
The Department for Education has used its banning powers for the first time in a case arising out of the 'Trojan Horse' affair. Keri Tayler analyses the decision.

Education: Sexual harassment and universities
What are universities' legal obligations when it comes to tackling sexual harassment on campus? Holly Stout reports. (on Public Law Today) 

Employment: Ill health and TUPE transfers
A recent Employment Appeal Tribunal ruling indicates that employees absent due to ill health might not TUPE transfer, writes Phil Allen.

Employment: Employers and the Fit for Work scheme
Be careful – the Fit for Work scheme does not absolve the employer from its responsibilities, writes Victoria Duddles.

Employment: TUPE and cessations of work
Does TUPE apply where employees’ work has temporarily ceased or reduced before the transfer? Phil Allen reports on a recent EAT ruling.

Governance: Shared services – issues for local government
LexisPSL Local GovernmentPeter 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.

Governance: Game of Mayors
Paul Feild analyses how accountability and standards can be upheld as the Government promotes power-house “regionalocalism”.

Healthcare: Vilification and patient information
The President of the Family Division has ruled that a ‘vilified’ doctor could not publish a patient’s private information contained in documents that were part of family court and fitness to practice proceedings. Robin Hopkins considers the judgment.

Healthcare: Producing reports for children proceedings: a practical guide
Jane Bennett outlines some of the areas of focus for healthcare professionals asked to prepare a report for children proceedings.

Housing: Imposing conditions on selective licences
The Upper Tribunal has made some significant clarifications to the scope of conditions that can be imposed on selective licences. Matthew Paul sets out the key conclusions.
 
Housing: Building more 'low-cost' homes
David Cameron has announced proposals to help the Government reach a target of building 200,000 more ‘low-cost’ homes for first-time buyers in the next five years. Charles Felgate discusses what this may mean for developers and local authorities.

Housing: Residential service charge challenges: Court or Tribunal?
Errors by the court have left a tenant in difficulties in a recent residential service charge challenge, reports Karl Anders.

Information Law: Charging ahead under the EIR
Christopher Knight examines this week's key Court of Justice of the European Union ruling on local authorities' ability to charge for providing environmental information.

Information Law: Transparency and professional lives
Morris Hill and Adam Morrison examine the latest FOI decision – this time involving the headteacher of a school – where the tribunal had to balance personal and professional lives.

Information Law: Is it getting chilly in here?
A recent Upper Tribunal ruling has given more comfort to public bodies running arguments about the chilling effect dislosure of information might have on their activities. Christopher Knight reports.

Licensing: Late-night refreshment deregulation
The Home Office has recently made changes to the licensing of late night refreshment. Paddy Whur looks at the key changes.

Licensing: Local policy making under the Licensing Act
Paddy Whur looks at localised issues such as the length of time allowed at hearings, applicants and authorities not being allowed to ‘finesse’ applications, and Cumulative Impact Polices.

Litigation: Litigation capacity – what to do (and not to do)
A recent Court of Appeal child care case has emphasised the need for robust capacity assessments where mental capacity is in doubt. The Court of Protection team at 39 Essex Chambers reports.

Litigation: Coventry v Lawrence: a considered view
Hayley Moore looks at the lessons to be learned in the aftermath of the Supreme Court's costs ruling in Coventry v Lawrence.

Litigation: Harassment and injunctions
Wesley O'Brien and Jonathan Moore review a recent example of the court's approach to what amounts to harassment in the context of communications with, and criticism of, local authority members and staff

Management: Procuring perfect panels
Putting in place a panel of legal services suppliers is one way in which public sector organisations might control expenditure on legal services; but what does a “perfect” panel look like, and how might an organisation improve its chances of procuring one? Helen Edwards explores the issue.

Management: Instructing lawyers effectively
Helen Edwards looks at how public sector managers can ensure their organisation’s legal instructions are effective. 

Planning: Challenges to neighbourhood plans
What implications do recent legal challenges have for neighbourhood planning? Hereward Phillpot QC explains.

Planning: The appearance of bias
A High Court judge recently quashed a grant of planning permission on the ground that there was an appearance of bias on the part of a councillor. Simon Goacher examines the ruling.

Planning: The interaction between the planning and licensing regimes
A recent ruling serves as a useful reminder to food and drink retailers not to place undue reliance on the licensing regime to assist in obtaining planning permission, writes Matt Gilks.

Procurement: Relying on Recital 4
Can contracting authorities rely on Recital 4 of the Directive 2014/24 to award contracts without running a procurement exercise? Mannah Begum examines the issues.

Procurement: Procurement reform and social landlords
David Baybut examines the key changes for social landlords arising out of the new procurement rules and the attraction of joining frameworks. (on Public Law Today) 

Projects: The slow burn of PF2
Tiffany Cloynes looks at the take-up of PF2 and its use in the education sector in particular.

Projects: PFI ‘good faith’ obligations under scrutiny
The Technology and Construction Court has recently issued a ruling on a 'good faith' obligation contained in a PFI contract where a local authority was one of the parties. Leah Horn examines the judgment.

Property: Tackling the love activists
Andrew Williams looks at how local authorities can respond when their land or buildings are invaded by groups such as the 'Love Activists'.

Property: Time to reconsider the asset register
A High Court judge recently considered whether a council had undertaken the appropriation process correctly. Antonia Murillo reports on the outcome.

Property: Residential service charge recovery
Steven Eccles reviews two important rulings affecting the recovery of residential service charges by local authorities and housing associations.

Property: A question of place
Chris Plumley and Alex Tindall look at the nature of council engagement with developers.

Transport: State aid and community transport organisations
A recent European Commission decision about alleged State aid in the form of grants from local authorities to community transport organisations is useful reading for those seeking to rely on the exemption for funding for services of general economic interest. Edward Reynolds reports.
Name Price (ex-VAT)   Description
Housing: Key Developments in 2015 £25.00 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 £25.00 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 £25.00 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 £25.00 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 £25.00 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.

Oxford City Council
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Mansfield District Council
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Solicitor
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Sheffield City Council
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Greater Manchester Pension Fund
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Compliance Officer
(Experienced legal professional)

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Kent County Council
Solicitor/Barrister - Social Services

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