PLC Public Sector reports:
This week’s actions are:
Age assessment: the decision of the High Court in Prenga v London Borough of Barnet is a timely reminder for local authority social services carrying out age assessments under the Children Act 1989 that, provided reasons are given for the decision that is reached on the applicant’s age, it is entirely a matter for the local authority as to how much weight is given to the documentary evidence provided by the applicant.
Equality Act 2010: in readiness for the implementation of the Act in October 2010, employment lawyers may wish to familiarise themselves with the:
- Guidance documents that have been published by the Equality and Human Rights Commission, which explain the Act and give practical guidance.
- Draft equal pay code of practice, which has been approved by the Secretary of State and laid before Parliament.
FOIA, environmental information and local land charges: officers dealing with requests for environmental information should familiarise themselves with the updated guidance that has been published by Defra so that they know when they can charge for providing environmental information under the Environmental Information Regulations 2004.
Local authorities should be aware that, with effect from 17 August 2010, they will no longer be entitled to charge a £22 fee for providing property information in the register of local land charges, such as planning enforcement notices and tree preservation orders, since the Regulations require free access to environmental information.
Highway authorities: will welcome the Court of Appeal decision in Veolia which means that the authority has the:
- Power to carry out emergency streetwork repairs to ensure the safety of persons in the street.
- Right to be indemnified by the utility company for the cost of those works.
Housing: local authority housing officers should be aware that the following individuals do not have a right to succeed to a secure tenancy:
- A foster child, who had not formally been adopted by his foster carer: see Sheffield City Council v Wall.
- A secure tenant who no longer resides at the property where a notice to quit has been served: Solihull Metropolitan Borough Council v Hickin.
Licensing: licensing authorities will welcome the High Court’s decision in R on the application of Murco Petroleum Ltd v Bristol City Council, that an authority’s licensing committee has the power to defer consideration of an application where insufficient information has been provided for it to determine the primary use of the property.
Local government: those local authorities in England, Wales and Scotland interested in selling electricity from renewable, as well as combined heat and power, sources should be aware that Regulations come into force on 18 August 2010 which allow them to do so.
Planning: local authorities determining planning applications for school developments may find the guidance that has been published on new planning principles they should consider in relation to such applications useful.
Property: commercial property lawyers advising on development agreements for lease and sale contracts should take note of the decision of the Court of Appeal in McGahon v Crest Nicholson Regeneration Limited and ensure that, if there is a provision in the agreement for either party to rescind if a condition is not fulfilled by a specified date, it makes clear that the right to rescind:
- Is exercisable after the longstop date.
- Ceases to be exercisable once the condition is satisfied.
Procurement: commissioners for the NHS should be aware that, in light of the White Paper: Equity and Excellence: Liberating the NHS, the March 2010 procurement guidance has been superseded by revised procurement guidance but that Revised principles and rules for cooperation and competition in commissioning are not to be applied until October 2010.
RIPA: in view of the decision of the Investigatory Powers Tribunal in Ms Jenny Paton v Poole Borough Council , local authorities should be aware that the Council’s use of the surveillance powers under section 26(2) of the Regulation and Investigatory Powers Act 2000 to investigate a potentially fraudulent school application were:
- Not a proper purpose in the sense required by RIPA.
- Disproportionate in that they were not necessary to achieve the aim of investigating the application.
- A breach of the family’s rights under Article 8 of the European Convention on Human Rights.
Consultations: this week there have been consultations on:
- Flood and coastal erosion management in Wales.
- The Environmental Permitting Regulations.
- Local referendums to veto excessive council tax increases.
- How to improve the Building Regulations.
- Changes to the alcohol licensing laws.