Practical Law

On reflecting on the year ahead, for the time being we’ve decided to stop blogging in 2018. For Practical Law customers, we’ll be collating a monthly summary, highlighting key developments, and sharing it via our customer emails. We’ll publish the first one at the end of this month (January 2018). Thank you for your support, … Continue reading Practical Law Public Sector blog →

On 29 September 2017, Thomson Reuters was pleased to host a meeting of the Lawyers in Local Government (LLG) Adult Social Care and Health SAA for the London region. The group provides a focus of professional knowledge and expertise aimed at contributing to the development of law and best practice in adult social care and … Continue reading Meeting of the Lawyers in Local Government Adult Social Care and Health SAA group (London) →

Amongst the seismic political debates surrounding the passing of the European Union (Withdrawal) Bill 2017-19 (Bill), it is arguable that the Bill’s effects on local authorities have not received the publicity that they deserve.

July’s case digest includes an ECJ judgment regarding the assessment of selection criteria relating to economic and financial standing, and two High Court judgments in the same procurement dispute, relating to disclosure of documents and the lifting of an automatic suspension respectively. Please feel free to submit a comment below or send us an Ask query if you have … Continue reading Public procurement case digest (July 2017) →

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

As student life reclines into the summer holidays, two recent cases will be of significant interest to academic and qualification institutions and examination candidates.

June’s case digest includes an ECJ ruling that a procurement of medicinal products in Slovenia was unlawful, despite being in accordance with national law, and two General Court decisions dismissing applications for interim measures in procurement disputes. Please feel free to submit a comment below or send us an Ask query if you have any views on the … Continue reading Public procurement case digest (June 2017) →

May’s case digest includes a preliminary ruling of the ECJ on the principle of equality of treatment between tenderers, and an ECJ judgment considering the test for serious misrepresentation of tender information under Article 45(2)(g) of Directive 2004/18. Please feel free to submit a comment below or send us an Ask query if you have any views … Continue reading Public procurement case digest (May 2017) →

April’s case digest includes an ECJ decision relating to the standard set by EU law for the review of preparatory acts prior to a contract award, and the Supreme Court decision in Nuclear Decommissioning Authority v EnergySolutions regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of Directive 2004/18/EC. Please feel … Continue reading Public procurement case digest (April 2017) →

On 22 November 2016, in ClientEarth’s judicial review of the government’s air pollution policy, the High Court ordered the defendant, the Secretary of State for the Environment, Food and Rural Affairs (SoS) to publish a draft modified Air Quality Plan (AQP) by 4pm on 24 April 2017, and a final Air Quality Plan by 31 … Continue reading High Court confirms that “purdah” is not a principle of law →

In his speech to the Association of Directors of Social Services (ADASS) on 9 May 2017, the President of the Family Division of the High Court, Sir James Munby called upon social workers to end the practice of separating elderly couples against their wishes when one or both of them move to care home accommodation, … Continue reading Dignity in care: Does the law do enough to ensure older people have choice and control over their care and support options? →

Following the Prime Minister’s  announcement of her intention to seek an early election, the House of Commons voted on 19 April 2017 by 522 votes to 13 in favour of the Prime Minister’s motion that there should be an early general  election. Section 2 of the Fixed-term Parliaments Act 2011 (FTPA 2011) provides that an … Continue reading Passing legislation and decision-making in Parliament’s “wash-up” period →

February and March’s case digest includes an ECJ judgment that provides detailed analysis of key transparency and good governance principles in relation to tender evaluation and the communication of award decisions, and a High Court decision examining expeditions of hearings and stays of proceedings in procurement claims. Please feel free to submit a comment below or send us an … Continue reading Public procurement case digest (February – March 2017) →

This Q and A was generated in the course of a webinar “How to deal with complex procurement issues” hosted by Thomson Reuters on 9 March 2017. The specialist panel was comprised of Owen Willcox (webinar co-ordinator and Procurement Editor, Practical Law), Michael Bowsher QC (Monckton Chambers), Rebecca Rees (Partner at Trowers and Hamlins LLP), … Continue reading Audience questions from the Thomson Reuters procurement webinar “How to deal with complex procurement issues” →

Although the general rule in relation to the award of costs in judicial review is, as in other proceedings, that costs follow the case, the courts traditionally exercise a considerable discretion and may take into account the conduct of the parties (CPR 44.2). In Taylor v Honiton Town Council [2017] EWHC 101, the court was … Continue reading Costs order made based on the conduct of parties to judicial review proceedings →

January’s case digest includes an ECJ ruling creating a possible “third way” for public authorities to organise the delivery of public services extending beyond the existing possibilities first established by the Teckal and Hamburg in-house case law, and a High Court judgement on the award of damages that contains a detailed examination of the core principles set … Continue reading Public procurement case digest (January 2017) →

In a recent speech on 25 January 2017, the Information Commissioner (IC), Elizabeth Denham, reaffirmed her interest in creating a positive, statutory “Duty to Document” on public authorities in response to the challenges presented by digital technology and social media.

December’s case digest includes two ECJ rulings concerning the proportionality of selection and award decisions relating to professional misconduct and the interpretation of EU law on in-house awards, and a High Court decision denying an application for early specific disclosure. Please feel free to submit a comment below or send us an Ask query if you have … Continue reading Public procurement case digest (December 2016) →

October and November’s case digest includes three ECJ orders on the compatibility of Italian national law with the EU procurement rules on exclusion of tenders, a High Court decision to lift an automatic suspension, and an Advocate General Opinion on the test for misrepresentation of tender information. Please feel free to submit a comment below or … Continue reading Public procurement case digest (October – November 2016) →

Public lawyers, and their dusty copies of Dicey’s An Introduction to the Law of the Constitution, can rarely have been in such demand in recent times.

On 18 October 2016, the Information Commissioner (IC) issued ICO decision notice FS50627178 which determined that the exemptions in sections 41 (information provided in confidence) and 43(2) (commercial interests) of the Freedom of Information Act 2000 were not engaged by a request for quarterly data relating to a local government pension fund’s holdings in seven … Continue reading Public sector investments and the Freedom of Information Act 2000 →

In County of Poole v Information Commissioner [2016] EA/2016/0074, the First-tier Tribunal (Information Rights) examined the application of the public interest balancing test when the prejudice to commercial interests exemption under section 43(2) of the Freedom of Information Act 2000 (FOIA) is engaged.  The request in this particular case was for information about the charges … Continue reading FOIA and commercial interests: a level playing field for local authorities? →

August and September’s case digest includes four ECJ decisions, including a ruling that betting and gaming concessions fall outside the scope of Directive 2004/18, and a High Court judgment that strongly criticises a tender process conducted by the Nuclear Decommissioning Authority. Please feel free to submit a comment below or send us an Ask query if you … Continue reading Public procurement case digest (August – September 2016) →

On 16 September 2016, Thomson Reuters was very pleased to host a meeting of the Lawyers in Local Government (LLG) London Adult Social Care and Health Group. The group provides a focus of professional knowledge and expertise aimed at contributing to the development of law and best practice in adult social care and health. The … Continue reading Meeting of the Lawyers in Local Government London Adult Social Care and Health Group →

The Cabinet Office has recently released its latest quarterly statistics on information requests that 41 central government bodies have received under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR). The report makes interesting reading covering as it does the: Initial handling of FOI requests. Number of requests that have … Continue reading Latest government figures on freedom of information requests published →

The High Court in Watt v London Borough of Hackney and another [2016] EWHC 1978 has examined, in the context of a planning case, the circumstances in which a mistake of fact could constitute a ground for judicial review. The judgment also raises some interesting other issues; firstly, the failure by the solicitor instructed on … Continue reading Understanding the differences between judicial review and general litigation →

The Administrative Court’s summer recess presents a welcome opportunity for public law practitioners to consolidate recent case law developments in judicial review. A short but interesting judgment concerning costs and the court’s assessment of success in judicial review proceedings was the Court of Appeal’s (CoA) decision in Rashid v London Borough of Merton [2016] EWCA … Continue reading Avoiding loss by acquiescence: costs and concession in judicial review →

In PS v Royal Borough of Greenwich [2016] EWHC 1967 (Admin), a judicial review decision handed down on 3 August 2016, Mr Justice Collins expressed dissatisfaction with the volume of supporting material filed by the parties. He reiterated a long standing principle that it was inappropriate for the court to embark upon a detailed analysis … Continue reading “Burdened with an excess of paper”: Administrative Court criticises voluminous evidence in judicial review proceedings →

July’s case digest includes an ECJ preliminary ruling on requirements for excluding bidders in relation to issues of technical capacity,  an ECJ decision ruling that it is unlawful to require a contractor to directly perform a specified percentage of works, and two Advocate General Opinions. Please feel free to submit a comment below or send us … Continue reading Public procurement case digest (July 2016) →

In R (NHS Property Services Ltd) v Surrey County Council [2016] EWHC 1715 (Admin), the High Court considered the importance of giving reasons for a decision to register land (Leach Grove Wood in Surrey) as a town or village green under section 15 of the Commons Act 2006.  The section 15 criteria for registration are … Continue reading High Court considers the importance of giving reasons for a decision to register land as a village green →

June’s case digest includes four ECJ decisions, including rulings that the principle of equal treatment does not preclude a member of a consortium from replacing the consortium in a procurement, and that ERDF funding can be withheld or clawed back when a contracting authority fails to comply with domestic procurement law. Please feel free to submit a comment … Continue reading Public procurement case digest (June 2016) →

On 29 June 2016, Thomson Reuters was delighted to host a Lawyers in Local Government (LLG) London Housing and Regeneration group seminar (headed by Alexander McDowall, a lawyer in Legal Services at the London Borough of Camden). The group provides a focus of professional expertise with a view to developing networking, training and best practice … Continue reading Seminar for Lawyers in Local Government Housing and Regeneration group: Housing and Planning Act 2016 →

External auditors to Derby City Council have issued a report in the public interest under section 8 of the Audit Commission Act 1998 (the 1998 Act). This section of the 1998 Act requires the auditor to consider whether, in the public interest, they should make a report on any significant matter and bring it to … Continue reading External auditors find governance failings at Derby City Council →

May’s case digest includes an ECJ judgment annulling a decision by the European Union Intellectual Property Office to reject a tender, which restates key principles relating to conflicts of interest and equal treatment, and a decision from the Court of Session refusing to bring to an end an automatic suspension. Please feel free to submit … Continue reading Public procurement case digest (May 2016) →

In R (Hill) v Cornwall Council and another [2016] EWHC 1264 (Admin), a judicial review challenge in which the claimant sought to quash the grant of planning permission for a synthetic pitch on land within sports fields belonging to a community college, the court referred to the approach that should be adopted towards the reports … Continue reading Issues to bear in mind when drafting a report for a decision-maker →

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

April’s case digest includes ECJ rulings on relying on the capacity of other providers, lots and electronic auctions, and on actions for review of tender awards. Also included is a High Court judgment striking out a claim on the basis that the Public Contracts Regulations 2015 did not apply to the procurement exercise in question. … Continue reading Public procurement case digest (April 2016) →

The doctrine of precedent is based on the principle of stare decisis, which requires lower courts to take account of and follow the decisions made by the higher courts where the material facts are the same, and states that as a general rule, courts follow earlier decisions of themselves or of other courts of the … Continue reading Doctrine of precedent: status of the judge or status of the court? →

The decisions of the Administrative Court often provide judicial review practitioners with useful tips on good practice in judicial review (or how not to pursue or defend a judicial review claim). In this post, we consider the issue of cross-examination and when the court may order a witness to be cross-examined looking in particular at … Continue reading When will the Administrative Court order cross-examination of a witness in judicial review proceedings? →

March’s case digest includes a Privy Council decision in a Montserrat case where the court held that irrespective of the legislative background to a public procurement and the existence of an implied contract, the courts will apply a general principle that tenderers should be afforded fair and equal treatment, plus a Scottish Court of Session ruling on … Continue reading Public procurement case digest (March 2016) →

A recent First-tier Tribunal (Information Rights) (FTT(IR)) case, McLellan v Information Commissioner,  provides a useful reminder that public authorities are not permitted to pick and choose which parts of a Freedom of Information Act 2000 (FOIA) request they respond to, even where someone has made persistent requests. The case is an interesting example of FOIA itself being used … Continue reading Public authorities cannot “cherry pick” which parts of a FOIA request they respond to →

February’s case digest includes a Scottish Court of Session ruling on a challenge against a procurement decision of a health board following a disputed mini competition process, and a General Court order holding that there is no need to adjudicate an appeal against a European Parliament tender decision due to the applicants’ action being devoid … Continue reading Public procurement case digest (February 2016) →

 The Parliamentary and Health Ombudsman (PHSO) recently reported that individuals who complain to the NHS are not getting the answers that they need, with the result that they are often  forced to bring their complaints to the PHSO to get those answers. The PHSO  report includes a snapshot of unresolved complaints brought to the PHSO … Continue reading Duty of candour: openness and transparency in the provision of health and adult social care services →

January’s case digest includes two ECJ decisions concerning the interpretation of Directive 2004/18 (Public Contracts Directive), and a High Court ruling on automatic suspension under the Public Contracts Regulations 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think that … Continue reading Public procurement case digest (January 2016) →

It is almost a year now since the Criminal Justice and Courts Bill 2014-15 (CJCA 2015) received Royal Assent on 15 February 2015. One of the changes heralded by Part 4 of the CJCA 2015 was section 84, dealing with the likelihood of a substantially different outcome for the applicant, see Legal update, Criminal Justice … Continue reading Section 31(2A) Senior Courts Act 1981: duty to refuse relief where outcome not substantially different if conduct complained of had not occurred →

December’s case digest includes a Scottish Court of Session judgment representing the first declaration of ineffectiveness from a UK court, a Court of Appeal judgment upholding a High Court ruling that the award of damages for breach of the public procurement rules is not discretionary, and an ECJ ruling on time limits in procurement actions. Please … Continue reading Public procurement case digest (December 2015) →

As 2015 draws to an end, the Practical Law Public Sector team is reflecting on the delights and disasters of the past year, both for us and for our subscribers. In this post we take a look at our most popular content of 2015 and start to think about what the year ahead has in store.

November’s case digest includes an ECJ ruling considering the scope of Article 26 of Directive 2004/18 in relation to contracting authorities requiring tenderers to provide declarations that they will pay staff a minimum hourly wage, and an Advocate General’s opinion on restrictions on the use of sub-contracting in public procurements. Please feel free to submit … Continue reading Public procurement case digest (November 2015) →

This post considers the decision in Milton Keynes v Scottish Ministers [2015] CSOH 156, a case that examined how the interpretation of “ordinary residence” set out in R v Barnet LBC ex parte Shah [1982] UKHL 1 should be applied in situations where an individual lacks mental capacity to decide where they should live. 

The decision of the Planning Court (part of the Administrative Court) in Villages Action Group and another v Secretary of State for Communities and Local Government and others [2015] EWHC 2729 (Admin) reiterates some key public law concepts relating to decision-making, such as what is a material consideration and the duty to give reasons. Although … Continue reading Planning Court considers what is a material consideration in decision-making →

October’s case digest includes an ECJ ruling holding that public authorities can be economic operators, to the extent that they have authorisation to offer certain services to the market, and a General Court ruling ordering OHIM to pay compensation to a tenderer due to errors in its assessment of bids during a procurement procedure. Please feel free … Continue reading Public procurement case digest (October 2015) →

The government has announced its intention to introduce tougher measures to address truancy in schools, including deducting the cost of unpaid penalty notices from child benefit payments.

August and September’s case digest includes a High Court decision granting an application by a council to lift an automatic suspension on its award of a contract and a General Court ruling rejecting claims that the European Court of Justice abused its power in eliminating a subcontractor from a bidding process. Please feel free to … Continue reading Public procurement case digest (August – September 2015) →

In judicial review, there is no duty of standard disclosure under the Civil Procedure Rule 31. A defendant, whose decision or action is challenged by way of judicial review, owes a duty of candour to give a true and comprehensive account of the decision-making process (Secretary of State for Foreign & Commonwealth Affairs v Quark … Continue reading Disclosure of information or documents in judicial review →

On 8 September 2015, Thomson Reuters was delighted to host a Lawyers in Local Government (LLG) London Housing and Regeneration group seminar (headed by Alexander McDowall, a lawyer in Legal Services at the London Borough of Camden). The group provides a focus of professional expertise with a view to developing networking, training and best practice … Continue reading Seminar for Lawyers in Local Government Housing and Regeneration group: anti-social behaviour, the right to buy and assets of community value →

The recent judicial review challenge in R (Croydon Property Forum Limited) v London Borough of Croydon [2015] EWHC 2403 (Admin) considers the meaning of the words “take reasonable steps to consult” in statutory legislation.

July’s case digest includes a Supreme Court judgment dismissing Edenred’s appeal against a government decision not to tender for the administration of a new tax free childcare scheme, and two High Court decisions finding error in a local authority’s tender evaluation and considering remedies following this finding. Please feel free to submit a comment below or … Continue reading Public procurement case digest (July 2015) →

The decisions of the Administrative Court often provide judicial review practitioners with useful tips on good practice in judicial review (or how not to pursue or defend a judicial review claim).  We set out below some recent cases in which courts have raised important principles in their judgments.

The Cities and Local Government Devolution Bill 2015-16  is currently making its way through Parliament. The Bill takes forward reforms that are intended to allow for the implementation of devolution agreements with combined authority areas and with other areas. Its main provisions: Provide for an elected mayor for the combined authority who would exercise specified … Continue reading Is devolution heading in the right direction? →

The government’s counter-terrorism strategy, CONTEST, is based on four areas of work: Pursue: to stop terrorist attacks. Prevent: to stop people becoming terrorists or supporting terrorism. Protect: to strengthen our protection against a terrorist attack. Prepare: to mitigate the impact of a terrorist attack. This post looks at the new duty on public bodies, specifically … Continue reading The Prevent duty: local authority implications →

June’s case digest includes a High Court decision considering a challenge the operation of a framework agreement for the supply of locum doctors, and an Advocate General opinion on the interpretation of Articles 47 and 48 of Directive 2004/18. Please feel free to submit a comment below or send us an Ask query if you have any … Continue reading Public procurement case digest (June 2015) →

For judicial review practitioners, R (London College of Finance & Accounting) v Secretary of State for the Home Department [2015] EWHC 1688 (Admin) provides some useful case management observations on the filing of evidence in judicial review applications.

May’s case digest includes an ECJ ruling on the meaning of a service concession under Directive 2004/18, and an Advocate General’s opinion on the time limits for bringing an action under the Remedies Directive. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases … Continue reading Public procurement case digest (May 2015) →

Our second post of this year on the key developments in public procurement legislation and policy that lawyers need to be aware of covers the period from March to May 2015. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest cases, … Continue reading Public procurement legislation and policy review: March to May 2015 →

On 27 May 2015, the Queen’s Speech included the introduction of the Education and Adoption Bill. The actual speech outlined the part of the Bill that relates to failing and coasting schools, and did not mention the adoption aspect. However the Department of Education’s press release “New measures to end delay for children awaiting adoption” … Continue reading Queen’s Speech: speeding up adoption through uniting services →

Framework agreements are a hugely popular mechanism for sourcing goods, services and works in the public sector. The ability to access frameworks set up by other contracting authorities takes a lot of the leg work out of a procurement process and lets contracting authorities easily see what is on offer in the market. But contracting … Continue reading Framework agreements under the PCR 2015: some tricky issues clarified →

April’s case digest includes a decision on specific disclosure and a refusal to lift the automatic suspension of a contract award, as well as a series of cases from Europe. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think … Continue reading Public procurement case digest (April 2015) →

Fundamental changes to the regulation of standards of conduct for elected and co-opted local government members were introduced in 2012 by the Localism Act 2011.These included a requirement for local government members to register pecuniary and other interests and the creation of a new criminal offence of failing to register relevant interests. Clearly, in relation … Continue reading First conviction of a councillor under the Localism Act 2011 →

Lengthy and onerous pre-qualification questionnaires (PQQs) have long been an aggravation to suppliers to the public sector. The impact is particularly felt among SMEs where disproportionate PQQs are just one obstacle to winning government contracts. With this in mind, the government has taken various steps to restrict the use of PQQs.

In the light of a recent report published by the House of Commons Communities and Local Government Committee on community rights (HOC report) and a number of Ask queries we have had from subscribers, we thought it would be timely to look at some of the issues arising from the right to bid for assets … Continue reading Issues with the community right to bid… →

The Public Contracts Regulations 2015 (SI 2015/102) (PCR 2015) will come into force on 26 February 2015 (see Legal update, Public Contracts Regulations 2015 published) and any contract advertised on or after that date will be subject to the new rules. Local authorities will therefore be working hard on their standing orders or contract procedure … Continue reading Revising local authority standing orders to reflect the Public Contracts Regulations 2015 →

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ examines the law governing work experience for school-age pupils. For all our school hotline queries, please see Practice note, Schools hotline FAQs.

In this post, we consider the most significant events of 2014 for procurement law practitioners, and scan the horizon for what’s in store for 2015.

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ examines whether a headteacher should give a witness statement in custody proceedings. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.

We’re using the new year here at Practical Law Public Sector to reflect on the triumphs and traumas of the past year for us and our subscribers. In this post we take a look at our most popular content of 2014 and start to think about what the year ahead has in store.

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ examines the issues arising when parents object to their children attending sex education classes on religious grounds. For details of all our school hotline queries, please see Practice … Continue reading Sex education: schools’ hotline FAQs →

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ examines conflicts between school uniform policies and wearable items that are manifestations of a pupil’s religion. For details of all our school hotline queries, please see Practice note, … Continue reading School uniform: schools’ hotline FAQs →

On 27 November 2014, the Chartered Institute of Legal Executives (ILEX), the Law Society and the Bar Council published a joint briefing paper considering the Lords’ amendments to Part 4 of the Criminal Justice and Courts Bill 2013-14 and 2014-15 (Bill) and its implications for judicial review. Their paper urged MPs to vote in favour of … Continue reading Debate continues over judicial review reforms →

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at the issues surrounding including pupils with disabilities in school trips. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at schools’ responsibility when pupils’ valuables go missing at school. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

For many years the route to Chief Executive of a local authority tended to be via the legal department. However, the last decade or so has seen a decline in the number of solicitors reaching the top jobs. Why is that?

“Simple can be harder than complex.”  Steve Jobs Given the complex public procurement regime, with its various categories of contracts, exclusions and separate pieces of legislation and case law, procurement practitioners were hoping the new regulations would deliver some welcome clarity. Having spent time reviewing the government’s consultation on the draft Public Contracts Regulations 2015 … Continue reading The remedies for failing to comply with the new below threshold regime →

The recent decision of the High Court in R (West and others) v Rhondda Cynon Taff County Borough Council [2014] EWHC 2134 (Admin) is a useful reminder for local authority officers of the importance of getting a report to members right.

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at what a school can do when a divorced father wishes to attend his son’s school’s parents’ evening. For details of all our school hotline queries, please … Continue reading Parental contact orders: schools’ hotline FAQs →

On 19 September 2014, the Cabinet Office published  a consultation on the transposition of the Public Procurement Directive 2014/24/EU and on the draft Public Contracts Regulations 2015 (Draft Regulations) which will implement it. One of the issues most eagerly anticipated was how the government intended to give effect to the “light touch regime” described in … Continue reading Draft Public Contracts Regulations 2015: What’s changing for health and social care contracts? →

How much should a council pay its chief executive? Should it have one at all? How does the job of a chief executive of a local authority compare with that of a FTSE 250 company? Does higher pay reflect better performance? These are some of the questions that the House of Commons Communities and Local … Continue reading Local authority chief executives: How much to pay and are they worth it? →

  Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at what a school can do when a divorced father wishes to attend his son’s school’s parents’ evening. For details of all our school hotline queries, … Continue reading Parental responsibility and parents’ evenings: schools hotline FAQs →

The DCLG is once again at loggerheads with some local authorities over their lack of compliance with the Code of Recommended Practice on Local Authority Publicity.

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at what a school can do when a pupil has written lies about one of its teachers on a social networking site. For details of all … Continue reading Internet abuse: schools hotline FAQs →

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at the procedures for exclusion decisions. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.

Practical Law Public Sector recently attended a conference on homelessness jointly run by the Legal Action Group and Arden Chambers. The conference consisted of a number sessions focusing on various aspects of the homelessness regime under the Housing Act 1996. Of particular interest was the keynote speech given by Andrew Arden QC, which focused on … Continue reading Homelessness: the wider picture →

The government has indicated its intention to transpose Directive 2014/24/EU into UK law by the end of the year through enacting the Public Contracts Regulations 2014. They will use a copy-out approach to the transposition, reflecting the Directive more or less word for word. The aim of this approach is to avoid gold-plating and so … Continue reading Transposing the Directive: What needs clarifying in the Public Contracts Regulations 2014 →

Procurement enthusiasts armed with more questions than answers gathered at the European Bank for Reconstruction and Development on the evening of Monday 14 October to discuss the new draft procurement directives. Two panels of experts provided their insights into the development of the Directive and the impact its provisions might make in practice. Rosemary Choueka … Continue reading Procurement Lawyers’ Association event: the new procurement directives →

Ok, so you know how to tender a service and you know what to do about the transferring staff in theory, but what if … shock … horror … it doesn’t go according to plan? Your incumbent contractor won’t give you information about the transferring staff. Your incumbent contractor claims TUPE applies to a group … Continue reading TUPE and tendering – avoiding the pitfalls →