PLC Public Sector reports:
Make sure your “to do” list is up-to-date by reviewing our recommended actions based on last week’s email.
This week we have recommended actions for lawyers advising on numerous areas including public procurement, employment law, RIPA and data protection.
This week’s recommended actions are:
RIPA: the Chief Surveillance Commissioner’s annual report states that some local authorities have been approving covert surveillance under RIPA powers that are no longer available to local authorities. Local authorities should review their RIPA procedures to ensure that they comply with the law.
Procurement remedies: any procurement lawyer faced with a client wanting to ignore the alcatel standstill provisions should be aware of a recent Scottish case that makes it clear that, while the Remedies Directive may not yet be in force, a court may still be inclined to declare a contract void if the provisions are not observed.
Safeguarding children: lawyers advising children’s services teams should take note of new regulations updating various legislation in readiness for the proposed commencement of the barring provisions in the Safeguarding Vulnerable Groups Act 2006 on 12 October 2009.
Ofsted inspections: Schools and Children’s Services departments should be aware of the publication by Ofsted of final, new arrangements for the inspection of schools that will take effect in September 2009.
Disciplinary proceedings: public sector employers carrying out internal disciplinary proceedings should take heed of the Court of Appeal’s finding that a doctor was entitled to be represented by a lawyer at his disciplinary hearing. Although the Court’s decision was based on the construction of the employee’s contract of employment, the Court also stated that Article 6 of the ECHR, the right to a fair and public hearing, would offer similar rights where a public sector employee faced disciplinary allegations that could result in them being deprived of the right to practise their profession.
Hazardous substances: regulatory lawyers should note changes in the requirements for hazardous substances consent that will come into force on 1 October 2009.
Data security: this week, more NHS trusts and local authorities have been added to the alarmingly long list of public sector bodies required to give undertakings to comply with the Data Protection Act 1998 to the ICO. If measures have not already been put in place, all public authorities need to urgently review data security policies and ensure compliance, particularly as regards employees working from home or attending meetings off site. As a minimum, employees should not be permitted to take sensitive personal data out of the council/trust, for example on memory sticks, unless they are appropriately encrypted.
Disposal of housing stock: final guidance on consulting prior to disposing of housing stock to RSLs has been published by the DCLG. Housing lawyers should note that this guidance takes effect immediately.
Welsh local government: county councils or county borough councils in Wales should be aware that the Local Government (Wales) Measure 2009 was passed by the Welsh Assembly on 28 April 2009. The measure requires them to seek continuous improvements in the exercise of their functions.
Forced marriages: those responsible for safeguarding children and protecting adults from forced marriage should be aware that new regulations mean that, from 1 November 2009, a local authority will be able to apply, without leave of the court, for a forced marriage protection order under section 63C of the Family Law Act 1996.
School admission policies: the decision in Buckinghamshire County Council reinforces the requirement for schools to have clear and transparent admission policies that not only comply with any priority criteria imposed by statute but that are fair and reasonable in relation to all children who are seeking admission.
Consultations: this week saw consultations published on noise action plans, mental health and well-being, the de-authorisation of NHS foundation trusts, how the tenant service’s authority should regulate social housing, council tax, planning in coastal areas, examination procedures for nationally significant infrastructure projects and a planning policy for the historic environment.
If you wish to submit your views on any of the actions we have recommended, or would like to highlight any other issues that you feel need action by public sector lawyers, please feel free to submit a comment below.