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.
This week’s actions are:
Abatement notices: local authority enforcement officers will welcome the High Court’s decision in Ethos Recycling Ltd, which considered whether the consent of the Secretary of State for Environment, Food and Rural Affairs (SoS) had to be obtained before summary proceedings could be instituted against an offender under the Pollution Prevention and Control regime and concluded:
- It was not necessary for a local authority to seek the consent of the SoS before serving an abatement notice, since this would cause a delay in serving a notice when time was of the essence.
- Consent of the SoS was required when a local authority had to consider taking the second enforcement step of commencing summary court proceedings to prosecute the breach of the abatement notice.
Children in need: social workers with responsibility for assessing the age of individuals who are seeking accommodation and maintenance from local children’s services authorities under section 20 of the Children Act 1989 should be informed that, following the Supreme Court decision in R on the application of A v London Borough of Croydon and R on the application of M v London Borough of Lambeth, the Administrative Court can decide future age-dispute cases on the basis of whether the local authorities’ decision was correct. To make sure that the court does not reach a different decision from the local authority, social workers must ensure that:
- Interviews are properly conducted.
- The final assessment is drawn up in accordance with guidance.
- The decision that is reached can be supported by the evidence.
Data protection: data controllers should be alerted to the Information Commissioner’s proposed new powers in the Coroners and Justice Act 2009 (not yet in force) to:
- Serve an assessment notice to check whether the particular department or authority has complied, or is complying, with the data protection principles.
- Enter and inspect any premises named in the assessment notice.
Decision-making: for all those who advise internal or external panels, the local education transport panel’s failure to follow fair procedures in A v North Somerset Council is a useful reminder that panel members must follow fair procedures so that their decisions cannot be successfully challenged on the basis of procedural flaws.
Pensions: For those who advise on applications for ill-health retirement benefits, and in particular whether an untried treatment may improve a member’s condition, the decision of the Pensions Ombudsman on a complaint by Mr Wilson against the Foreign and Commonwealth Office merits careful reading. The main point for decision-makers to note from the case is that they must reach a concluded view on the likely permanence of the applicant’s condition at the point of the individual’s application.
Environmental impact assessments: local planning authorities should be alerted to the fact that following the High Court decision in Baker and, pending the amendment of the Environmental Impact Assessment regulations (EIA Regulations) to comply with the relevant EEC Directive, it is necessary to consider the potential need for an EIA in relation to every modification of an existing development within Schedule 1 or Schedule 2 to the EIA Regulations.
Procurement: those advising procurement officers should alert them to the:
- Decision of the LGO in complaint no 08012171 against Liverpool City Council, which is a useful reminder for local authorities to check that a tender complies with their specified requirements before the contract is awarded.
- The new contract award and voluntary transparency notice forms adopted by the European Commission, which will need to be used when contracts that are subject to the new Remedies Directive are awarded without the prior publication of an OJEU notice. The new Remedies Directive will apply to contract opportunities first advertised after 20 December 2009.
Consultations: this week five consultations were launched on:
- Draft guidance for local authorities to encourage landowners to provide land for affordable homes.
- The Cabinet Office review of Civil Contingencies Act arrangements for London.
- Proposals for regulations and guidance to underpin the provisions of the Personal Care at Home Bill.
- Draft guidance for local authorities on the duty to respond to petitions from local people.
- Exemptions for overhead power line consents.