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.
Decision-making: anyone advising a public authority should note the decision in R (Dudley MBC) v Secretary of State for Communities and Local Government, in which the High Court held that the Secretary of State had failed to consult with the Council in relation to a change in the way that a PFI grant would be paid, and that this amounted to an abuse of power.
Education: local authorities should note that the Information as to Provision of Education (England) (Amendment) Regulations 2012 will come into force on 16 July 2012 and alter the information that authorities must provide to the Secretary of State each year on primary and secondary education in their areas.
Employment: employment lawyers should note that the ECJ has confirmed that workers who fall ill during statutory annual leave must be entitled to reschedule the affected leave.
Health: a number of developments have taken place this week as part of the proposed changes to the healthcare system under the Health and Social Care Act 2012 that healthcare lawyers should be aware:
- The NHS (Clinical Commissioning Groups) Regulations have been laid before Parliament. These set out how Clinical Commissioning Groups can be merged and dissolved and also contain information about their membership, name, establishment and governance.
- The Department of Health has published guidance on transitional working arrangements for local authorities taking over responsibility for public health functions from Primary Care Trusts.
- The Department of Health has also published guidance on the public health advice service for Clinical Commissioning Groups.
- That a website setting out Local Health Profiles has also been published. These provide an overview of health and health care needs in local authority areas.
Housing: housing lawyers should note:
- The publication of the Prevention of Social Housing Fraud Bill 2012-13, which if enacted will make it illegal to sublet social housing.
- That the Court of Appeal in London Borough of Camden v Stafford has dismissed an appeal by the London Borough of Camden that a review decision served under section 129 of the Housing Act 1996 did not confirm its original decision to seek an order for possession following a breach of the terms of an introductory tenancy.
Human rights: human rights lawyers, especially those dealing with violations in a care context, should be aware that the High Court in A and S (Children) v Lancashire County Council found the Council guilty of multiple breaches of the Human Rights Act 1998 after it failed to fulfil its duties towards two children in its care after it had freed them for adoption under an Adoption Act 1976 “freeing order”.
Local government: local authority lawyers should note the following recent developments:
- The Community Right to Challenge came into force on 27 June 2012 and the government has published statutory guidance for local authorities on the right. The Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012 were also made on 26 June 2012 and came into force on 27 June. These regulations sit alongside the Community Right to Challenge (Expressions of Interest and Excluded Services) (England) Regulations 2012 and set out additional “relevant authorities” and the grounds for rejecting an expression of interest.
- The government has also published an impact assessment on the Community Right to Bid, which, among other things, sets out predicted costs for local authorities associated with maintaining and reviewing the list of designated assets of community value.
- The High Court in R (Essex County Council) v Secretary of State for Education has found that the Secretary of State for Education failed to have “due regard” to his duties under the relevant equalities legislation when making cuts to projects using expenditure from local authority capital grants.
Planning: planning lawyers should note the decision in R (Gibson) v Waverly Borough Council and another quashing a planning permission and listed building consent as the local planning authority had not given adequate regard to the optimum viable use of the property or met its statutory duty to notify English Heritage.
Public procurement: contracting authorities and suppliers should note that the Cabinet Office has launched a new “Solutions Exchange” aimed at allowing suppliers, in particular SMEs, to submit ideas for government procurement in general and also feed into the planning of specific projects.
Social services: anyone involved with the engagement or employment of social workers should note that orders have been made relating to the transfer of the register of social workers to the Health and Care Professions Council on 1 August 2012.
Consultations: this week a consultation has been published on proposed changes to collective redundancy rules.
The following responses to consultations have also been published:
- The Bar Council has published its response to the Welsh Government’s consultation on whether Wales should have a separate legal jurisdiction.
- The government has published its response on equal pay audits.
David Boyle, appointed by the government to carry out an independent review of barriers to choice in public service delivery has also published a call for evidence.