PLC Public Sector reports:
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Welfare Reform Bill: local authorities responsible for administering benefits, such as housing benefit, should be aware that the Welfare Reform Bill has been published and if brought into force in its current form will make various changes to the benefit system, including introducing a new type of benefit, universal credit.
Civil partnerships: the government has announced that same sex couples will no longer be prevented from registering their civil partnerships in religious buildings, although religious groups will not be obliged to host same-sex ceremonies.
Right to time off for training: employment lawyers should note that the extension of the right to request time off work for study or training to all employees has been postponed while the government scrutinises the potential impact on employers. Employees working for employers that employ more than 250 people have had such a right since 6 April 2010.
Energy efficiency: anyone advising public authorities on their obligations with regard to energy efficiency should note that:
- An amendment order has now been made scaling back the implementation of the CRC energy efficiency scheme.
- Regulations have been made promoting the use of renewable energy that will impose requirements on public buildings constructed or renovated after 31 December 2011.
Freedom of information: the Information Commissioner has held that Cornwall Council was right not to disclose a list of primary schools in its area that were facing or could potentially face issues of financial instability. Those advising local authorities should be aware of this decision as disclosing the information could have resulted in damage to the working relationship that Cornwall Council had with the schools in its area and also potentially had a negative effect on the day- to-day operation and management of the schools on the list.
Equality duties: the recent decisions finding that London Councils and the Secretary of State had acted unlawfully in cutting projects because they did not pay due regard to their public sector equality duties is a reminder all public authorities facing awkward decisions about where to cut funding that the equality duties must be considered before any decision is made.
Housing: housing lawyers should be aware that:
- The European Court of Human Rights in Horie, has held that a New Traveller’s Article 8 rights were not breached by the grant of an injunction preventing her or her fellow travellers from entering the woodland where they were currently camping as she did not have a right to camp on the land anyway and there is no obligation on member states to make suitable sites available to New Travellers and to therefore tolerate unauthorised camping on the site.
- The Local Government Ombudsman has found that the London Borough of Richmond upon Thames failed in its duty to provide a pregnant, homeless young woman with interim accommodation and to accept her homelessness application.
- The government has published its final scheme design for the New Homes Bonus.
Local authority audit and inspection: local authorities should be aware of the memorandum published by the Department for Communities and Local Government setting out how it intends to take forward its new decentralised audit and inspection regime following the disbanding of the Audit Commission and abolition of Comprehensive Area Assessments.
Social services: social care lawyers in Wales should note that the Welsh Assembly Government has published its social services framework covering its plans for social care and social services in Wales over the next decade. Measures set out in the framework include introducing a national framework contract for care homes and non-residential care services to be delivered jointly with the NHS.
Consultations: this week saw consultations launched on: