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.
Adult social services:
- The Local Government and Social Care Ombudsman has upheld a complaint against a council which had placed the complainant’s wife in a dementia unit, even though she did not have dementia (Investigation into a complaint against Lincolnshire County Council).
- The UK government has published two position papers addressing continuity in the availability of goods in UK and EU markets at the point of the UK’s exit from the EU, and outlining the UK’s position in relation to ongoing confidentiality obligations and access to documents.
- The UK government has published a technical note requesting clarification from the EU on functionality and Protocol 7 to facilitate Article 50 discussions on privileges and immunities.
- The High Court has clarified that a care order can be made despite the young person or child being subject to detention under the Mental Health Act 1983 (Re X (A Child) (No 5)).
- The Family Court has:
- considered, during a fact-finding hearing in care proceedings, the status of findings made in a criminal trial in which the defendant had been deemed unfit to plead and so could not be convicted (Wolverhampton City Council v JA and others);
- allowed the disclosure of redacted care proceedings and appeal papers for the purposes of a third party civil claim (Re W (Children)); and
- outlined the law and procedure for special guardianship orders to be recognised in Scotland (Medway Council v MI and others).
- The UK government has published a “future partnership paper” on enforcement and dispute resolution following the UK’s withdrawal from the EU.
- The Law Society has responded to a consultation by the Civil Procedure Rule Committee on proposals to clarify the process for enforcing suspended orders, in light of the decision in Cardiff County Council v Lee (Flowers)  EWCA Civ 1034.
Employment and pensions:
- The Pensions Ombudsman has partly upheld a complaint where he found that a member would, on the balance of probabilities, have proceeded with a pensions liberation transfer, even if warning letters had been issued (Determination in a complaint by Mr R).
FOI and data protection:
- The UK government has published its position paper on the exchange and protection of personal data post-Brexit.
- The European Commission has responded to a question raised by a Member of the European Parliament on the free movement of personal data, including health data.
- The Infrastructure and Projects Authority and the Cabinet Office have issued guidance on resources available for government project delivery professionals.