REUTERS | Mike Blake

In brief for week ending 16 July 2014

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 e-mail.

Central government:

Education and social services:

  • The Court of Appeal has set aside care and placement for adoption orders due to the first instance judge prematurely ruling out the possibility of considering the child’s placement with grandparents in Poland, and the local authority’s failure to consider what family placement options were available (P (A child)).
  • The High Court has declined a request by parents to transfer care proceedings to Latvia under Article 15 of BIIR (Southampton City Council v A Mother and others).
  • The Court of Protection has:
    • commented on the duties of an attorney under a lasting power of attorney where there is a dispute with the NHS about entitlement to public funds (Re OW, Public Guardian v JW); and
    • considered the meaning of “prohibiting” contact as provided in section 17(1)(c) of the Mental Capacity Act 2005, to determine whether an order setting out arrangements as to contact were outside the statutory powers capable of being delegated to a Court of Protection deputy (PB v RB and others).
  • The government has published a response to the House of Lords Select Committee report on the Mental Capacity Act 2005.

Employment and pensions


FOI and data protection:

  • The FTT(IR) has ruled that an NHS trust was not entitled to refuse an information request as vexatious under FOIA where the trust’s own failure to provide advice and assistance was the cause of the requester’s repeated correspondence (Chadha v Information Commissioner).
  • The MoJ has announced that the ICO’s powers of compulsory audit for data protection compliance will be extended to include public authority NHS bodies.
  • The Law Commission has presented to Parliament a scoping report on its review of the law on data sharing between public bodies.


  • Monitor has published its report on the proposed merger of pathology services in the north west of England.


  • The DCLG has published a consultation on proposals to require English local authorities and other social landlords to publish the values of the social housing assets that they hold.

Judicial review:

Property and planning:

  • The High Court has held that a landlord (as freehold owner) was liable to pay business rates on an empty property after the liquidator disclaimed the lease (Schroder Exempt Property Unit Trust and another v Birmingham City Council).
  • In its response to the BIS consultation on the reform of the Land Registry, the government has confirmed that the Land Registry will not be privatised in the foreseeable future.
  • The documents in the Model Commercial Lease (MCL) suite are now available for use and can be downloaded from the MCL website.
  • The DfT has launched a consultation on two additional property compensation schemes for those affected by Phase One of the high speed rail link, HS2.
  • We are now able to provide PDF reference copies of the JCT suite of contracts as part of Practical Law.

Public procurement:

  • The ECJ has ruled on references from Italian courts on the:
  • The Crown Commercial Service has published Procurement policy note 08/14 on the use of pre-qualification questionnaires, accompanied by revised standard PQQ questions.

Regulation and enforcement:

Leave a Reply

Your email address will not be published. Required fields are marked *