Practical Law

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:

• A reminder that the new government security classifications will be coming into force on 2 April 2014.
• The Wales Bill 2013-14 has been introduced to the House of Commons.

Civil litigation:

• The Court of Appeal has held that the onus is on an appellant to seek legal representation or advice quickly where an appeal court has been adjourned for this reason (Goncalves v London Borough of Barking and Dagenham).
• The High Court has refused to grant retrospective time extensions for disclosure and relief from sanctions following a number of procedural defects in a case before it went to trial. However, it refused to strike out the amended defence as requested (McTear and another v Engelhard and others).
• The Technology and Construction Court has ruled on a complex engineering dispute in relation to material breach, termination and a failure to proceed regularly and diligently (Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd).

Education and social services:

• The DfE has published:
  • guidance and model letters on buying for schools; and
  • a consultation on plans to introduce new guidance on home to school transport.
• The Children and Families Bill 2013-14 has received Royal Assent to become the Children and Families Act 2014.
• The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 has been made.
• The Supreme Court has considered the correct test for whether a part has capacity to conduct and settle proceedings where their lack of capacity has not been recognised (Dunhill v Burgin).
• The High Court has:
  • granted leave to a father to seek an independent assessment of his ability to be a long term carer for his daughter following a negative earlier assessment by social workers (Re Z (A Child: Independent Social Work Assessment); and
  • held that a council’s decision that it has no obligation under section 17 of the Children Act 1989 to accommodate a mother and her two children was unlawful (R (PK) v Harrow Council).
• The Court of Protection (CoP) has:
  • ruled that parental responsibilities should be taken into account when making best interests decisions on behalf of a parent lacking parental capacity (Re X, Y and Z (Minors)); and
  • considered the interplay of CoP rules and guidance on transparency (Westminster City Council v Manuela Sykes).
• Swansea County Court has approved a care plan following care proceedings that have been ongoing for two years (Neath Port Talbot CBC v B and others).

Employment and pensions:

• The Employment Relations (N0rthern Ireland) Order 1999 (Blacklists) Regulations (Northern Ireland) 2014 have been made.
• The ECJ has ruled that commissioning mothers under surrogacy arrangements are not entitled to maternity leave (CD v ST C-167/12 and Z v A Government Department and the Board of Management of a Community School).
• The Court of Session has held that local authority and arm’s length LLPs were associated employers for the purposes of equal pay (Glasgow City Council and others v Unison claimants and another).
• The EAT has ruled on the meaning of “intends” in the “task of short-term duration” exception to the TUPE service provision changes rules in relation to buying services from a contractor on a one-off basis (Robert Sage Ltd (t/a Prestige Nursing Care Ltd) v O’Connell and others).
• The President of Employment Tribunals in England and Wales has published guidance on general case management.
• BIS has responded to the government’s consultation on zero hours contracts.
• The Department of Health has published guidance on how the Fair Deal 2013 will be applied to the NHS pension scheme.
• HM Treasury has published details of scheme valuations and how the employer cost cap will be set in relation to public sector pensions.

Environment:

• The government has:
  • published final guidance on the UK implementation of the WEEE Directive 2012;
  • announced that the Code for Sustainable Homes will be scrapped in consolidation of the Building Regulations; and
  • announced amended glass recycling targets.
• Natural England has published a consultation on changes to licences for activities that affect protected species.

FOI and data protection:

• The Upper Tribunal (Administrative Appeals Chamber) has held that the First-tier Tribunal (Information Rights) does not have the power to remit a case back to the Information Commissioner (Information Commissioner v Gordon Bell).
• The ICO has published updated guidance on complying with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 in relation to political campaigns.

Housing:

• The DCLG has issued a call for evidence on a review of the role of local authorities in housing supply.

 Local government:

• The High Court has dismissed a challenge to a local authority’s decision as to how it responded to remedial action recommendations made by the Local Government Ombudsman (R (Nestwood Homes Development Ltd) v South Holland District Council).
• The Local Government Association has announced that it has been appointed to create a new transitional company to manage the Audit Commission’s contracts when it closes at the end of March 2015.

Property and planning:

• The Civil Procedure (Amendment No 3) Rules 2014 have been made.
• Four sets of regulations have been made regarding listed buildings and heritage planning.
• The Upper Tribunal (Lands Chamber) has ruled on the validity of service charge demands (G & O Investments Ltd v Khan).
• The Land Registry has updated Practice Guides:
  • 19; and
  • 40 and 71.

Public procurement:

• A notice on the entry into force of the Protocol Amending the WTO Agreement on Government Procurement has been published.
• The OFT has published a report on a market study into the supply of ICT to the public sector.

Regulation and enforcement:

• The Consumer Rights Bill 2013-14 has been reprinted following its Commons Committee Stage.
• The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 has been published.
• The Home Office has announced that it will not be abolishing personal alcohol licences, as it had proposed in its September 2013 consultation.
• The Gambling Commission has published an information note on when a company can operate under another’s licence.
• The Culture, Media and Sport Committee has published a report on online safety.