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.
Court fees: those wishing to pay court fees should note that from 1 April 2011, HM Court Service and the Tribunals Service will merge to form HM Courts and Tribunal Service (HMCTS), therefore all cheques or postal orders should be made payable to HMCTS from that date.
Employment: employment lawyers should be aware of the Employment Appeals Tribunal’s decision in Sakharkar v Northern Foods Grocery Group Ltd t/a Fox’s Biscuits in which the EAT held that that a dismissal following erroneous application of an employer’s absence policy was unfair. This case highlights the need for employers, particularly those who have a human resources or personnel department, to ensure the fair and consistent application of their policies..
Fostering agencies: local authority fostering services should be aware that the Fostering Services (England) Regulations 2011 have been made and will come into force on 1 April 2011. The regulations provide a regulatory framework for fostering providers (both independent and voluntary agencies and local authority fostering services). Alongside the regulations, the Department for Education has also published guidance on fostering services and on care homes under the Children Act 1989.
Education: education lawyers should note the decision in Vaile v London Borough of Havering, where the Court of Appeal held that Havering had failed to provide a teacher at a special school with a safe system of work following a number of assaults by a pupil with a suspected autistic spectrum disorder (ASD). Following the ruling, local authorities should ensure that comprehensive classroom risk assessments are undertaken and that schools have proper procedures in place for dealing with pupils with conditions such as ASD.
School monitoring officers in local authorities should note that the Qualifications and Curriculum Development Agency has published guidance on undertaking monitoring visits to Key Stage 2 schools.
GP commissioning: the Department of Health has published a GP commissioning consortia working document dealing with their proposed functions.
Pensions: local authorities should be aware that the final Hutton report on public-sector pensions schemes has been published.
Data protection: the Data Protection Act 1998 (Commencement No 3) Order 2011 has been made and provides for the partial commencement of section 56 of the Data Protection Act 1998 (which prohibits an individual or third party from providing another person with information obtained following a subject access request transfer) in relation to information held by Scottish ministers.
Environmental Information Regulations: information lawyers should note the following decisions made by the First-tier Tribunal (Information Rights):
- That Nottingham County Council was required to disclose parts of a PFI contract it had entered into but was not required to disclose certain commercial information relating to an option to lease land from a third party (U) to host a waste management facility under the contract. This information was confidential and to disclose it would prejudice U’s commercial interests by making its methods of business available to competitors.
- The rejection of an appeal seeking disclosure of legal advice obtained by North Somerset Council concerning an alleged breach of planning control on the basis the information was covered by the legal advice privilege exception.
- That the sowing of GM-contaminated seeds could not be classed as an emission under the Environmental Information Regulations 2004 and the rejection of a complainant’s request for the National Grid reference of a site where the contaminated seeds had been sown to be disclosed by DEFRA.
Planning: planning lawyers should be aware that the government has announced that a new unit, the National Planning Casework Unit will be taking over planning casework previously dealt with by regional government offices, for example, local development orders and Article 4 directions.
Consultations: this week there were consultations launched on: