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:
Injunctions: following the decision in Doncaster MBC v BBC, any public authority worried that a leaked document might be published should ensure that the confidential information that they do not want to be published is identified and that there has been a threat to publish that information before seeking an injunction against the potential publisher.
Local authority liability to parents: local authority lawyers should note the decision in Merthyr Tydfil CBC v C, in which it was found that a parent of children abused by another child following alleged negligence of the local authority may be owed a duty of care by the local authority. The case will now proceed to decide if the local authority is liable for the parent’s personal injury in the form of a psychiatric condition.
Employment: it has been a busy week for employment lawyers, who should be aware:
- Of the decision in G v X School, where the Court of Appeal confirmed that a teaching assistant was entitled to legal representation during disciplinary proceedings for sexual misconduct with a child. Article 6 of the European Convention on Human Rights (right to a fair trial) was engaged and, given the seriousness of the charge and its likely effect in ending G’s career, this included the right to legal representation. Human resources departments should be informed of the need to allow employees to have legal representation when they are facing serious allegations.
- That the Government has now published six sets of draft regulations to facilitate the introduction of additional paternity leave and pay. These regulations will apply to parents of babies due on or after 3 April 2011 and for adoptive parents who are notified of having been matched with a child on or after that date. The regulations will come into force on 6 April 2010. Human resources departments may need to be advised update their parental leave policies.
- That the Department for Business, Innovation and Skills (BIS) has published two guidance notes, one for employers and one for employees, on the new right for employees to request time off for training. The new right will be available to employees in organisations with 250 or more employees from 6 April 2010 and to all employees from 6 April 2011. For further information, see Practice note, Time off: overview: Time off for training (the right to request). In preparation for the new rights coming into force, human resource departments should review their applicable policies.
- That the annual change in compensation limits takes place on 1 February 2010, with two unusual differences this year. Firstly, there is no change to the limit on a week’s pay (which went up to £380 in October 2009 and will not rise again until February 2011). Secondly, the maximum compensatory award in unfair dismissal cases decreases to £65,300 (from £66,200) for dismissals effective on or after 1 February, because of a fall in RPI. Redundancy policies may need to be reviewed.
CRC Energy Efficiency Scheme (CRC): anyone advising authorities about their CRC obligations should be aware that a revised draft CRC order has been laid before Parliament. The scheme is expected to come into force on 1 April 2010.
Multi-authority regulation:all those advising authorities with a regulatory function should note the joint report issued by the Parliamentary and Local Government Ombudsmen. The report criticised the Environment Agency, Lancashire County Council and Rossendale Borough Council for failing to deal with illegal waste activities. The report highlights the need for authorities to work with other authorities with overlapping regulatory functions and also to take adequate action when illegal activities are brought to their attention.
Equality Bill: all public sector lawyers will be interested to note the latest consultations and guides issued in respect of the Equality Bill, which is currently being debated in the House of Lords.
FOIA: those advising on the Freedom of Information Act 2000 (FOIA) should be aware that the First-tier Tribunal (Information Rights), which took over the appeal functions of the Information Tribunal on 18 January 2010, has published on its website various forms and guidance on appeals from the Information Commissioner under FOIA.
Data security: those advising NHS organisations should note the checklist published by the Department of Health for reporting, managing and investigating “Information Governance Serious Untoward Incidents” (that is, personal data losses).
Housing: housing lawyers should be aware that:
- Following the publication of two sets of draft regulations, local authority providers of social housing will have to register with the Tenant Services Authority from 1 April 2010.
- On 20 January 2010, the Department for Communities and Local Government (DCLG) published Social HomeBuy: Guidance for local authorities (Guidance). The Guidance only applies to England and local authorities operating the voluntary Social HomeBuy scheme.
- The Local Government Ombudsman has published a report finding the London Borough of Hammersmith and Fulham Council guilty of maladministration causing injustice after dealing with a pregnant woman who was a victim of domestic violence in an unsuitable manner when considering whether she was homeless. It is important for councils to ensure that they have adequate procedures in place for dealing with homelessness cases especially in incidents concerning vulnerable people.
Planning: planning lawyers should note that the Government has published a new Planning Policy Statement 4: Planning for Sustainable Economic Growth (PPS4). PPS4 combines town centre and economic development planning policy into a single document.
Public procurement: procurement lawyers will be interested to note the decision in B2net Ltd v HM Treasury (Sued As Buying Solutions), which considered the balance of convenience in deciding whether to grant an interim order preventing the continuation of a procurement exercise leading to the award of a framework agreement for the provision of IT products and services to the public sector. On this occasion the High Court concluded that the claimant’s case was weak and that damages would be an adequate remedy for the claimant, but not for the numerous other parties (the other bidders and the public sector purchasers who would buy under the framework) who would be affected by the suspension of the procurement procedure.
Shared services: those advising local authorities on shared services projects will be interested in the guide to collaboration published by CIPFA.
Alcohol licensing: local authority lawyers should note that the Government is introducing a new mandatory code of conduct for alcohol retailers under the Policing and Crime Act 2009. The code will be introduced in two stages with some conditions coming into effect on 6 April 2010, and others on 1 October 2010. In addition, from 29 January 2010, local councils will have new powers in relation to licences.
Consultations: this week saw consultations launched on:
- A development management approach by local planning authorities to the planning process.
- Planning: improving engagement with statutory consultees.
- Improving the use and discharge of planning conditions.
- Model planning conditions.
- Revised sex and relationship education guidance.