PLC Public Sector reports:
Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.
Byelaws: the Local Government Byelaws (Wales) Bill 2011-12 has been published. The Bill proposes simplifying the procedure for making and enforcing byelaws as well as no longer requiring a majority of byelaws to be confirmed by Welsh Ministers.
Employment: employment advisers will be interested to see the recommendations contained in the report Health at work – an independent review of sickness absence on reducing workplace sickness absence and the cost of ill health on employers.
FOIA: information officers should be aware that:
- The First-tier Tribunal has determined that section 32(2) of FOIA (exemption from disclosure of inquiry records) has to be interpreted in a manner that is consistent with the appellant’s Article 10 rights to freedom of expression under the European Convention on Human Rights. Although it was a legitimate aim to protect information lodged with, or created during the course of, an inquiry, it would be a disproportionate interference with that right to protect the information after the inquiry had ended. However, the appellant’s Article 10 rights were not interfered with, if section 32(2) of FOIA was limited to documents held by inquiries that have not concluded.
- The Information Commissioner’s Office has published a campaign asking members of the public for their views on what public authorities should proactively publish as part of their model publication schemes.
Housing: housing lawyers should note that:
- The Court of Appeal in Abed v City of Westminster [2011] EWCA Civ 1406 has held that Westminster had acted lawfully by offering accommodation to the appellant without having first assessed the suitability of the accommodation for her needs. Westminster had conducted a review under section 202 of the Housing Act 1996 and this was not flawed, therefore the appellant was unable to make use of the appeal procedure under section 204 of the Act.
- Good practice guidance on the Local Housing Allowance reforms which came into force in April 2011 has been published by the Department for Work and Pensions.
- The DCLG’s new housing strategy, which includes various proposals for tackling the housing shortage.
Health: healthcare lawyers should be aware that the Department for Health has published its operating framework for the NHS in England for 2012-13. This deals with ensuring that during the reform period that the quality of service provided by the NHS is maintained and patients are being offered more information and choice.
Property: property lawyers may find the following cases of interest:
- The Court of Appeal’s decision in London Tara Hotel Limited v Kensington Close Hotel , which is a useful reminder that prescriptive rights can be after 20 years’ use (although it should be noted the Law Commission has proposed reforming the law on prescription).
- The High Court’s decision that, in a case of trespass, damages may be payable even if no loss is suffered.
- The High Court’s decision that proof that a landlord’s counter notice was not received rebutted the deemed service provisions under section 7 of the Interpretation Act 1978. The test for the addressee to prove that the letter was not served on him is the ordinary civil test of the balance of probabilities.
Public procurement: procurement lawyers should note:
- The guide published by the Department for Business, Innovation & Skills on “forward commitment procurement”.
- The decision of the Scottish Court of Session in Sidey Limited v Clackmannanshire Council is an interesting case which highlights that even if neither the public procurement regulations or the EU Treaty principles apply, a court still may find that there are certain minimum standards that a tender process must comply with. In this case, the court found the council had:
- Breached the unsuccessful tenderers’ legitimate expectation that the council would apply the principles of equal treatment and transparency to its evaluation of the tender.
- Failed to apply the stated evaluation procedure correctly or rationally.
Consultations: this week the following consultations were published on:
The government has also published its response to the consultation on employment tribunal reform.