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 Court of Protection (COP) has removed a firm of solicitors as property and financial affairs deputy because they had not acted in P’s best interests and did not recognise the importance of cooperating with COP proceedings concerning her residence and welfare (Mrs P v Rochdale Borough Council and another).
- The House of Commons Library has published a lengthy document considering the impact of Brexit in a number of policy areas, including police and judicial co-operation.
- The High Court has criticised a consultant clinical psychologist for a court report in which he used statements in quotation marks which were not verbatim quotes, but his personal recollections and impressions. The Court concluded that in quasi-disciplinary hearings, the standard of proof is the simple balance of probabilities (Re F (a minor)).
- The Court of Appeal has refused an application for permission to appeal a decision to set aside two earlier court orders and given guidance on the court’s power to vary or revoke an order under CPR 3.1(7) (Islamic Investment Company of the Gulf (Bahamas) Ltd v Symphony Gems NV).
- The High Court has permitted a defendant to make late amendments to its defence and counterclaim at a hearing originally listed for trial (First Personnel Services Ltd v Halfords Ltd).
- The High Court has quashed a council’s decision to implement a proposal to close two maintained primary schools in its area and establish a new voluntary controlled primary school on the two sites (Jones v Denbighshire County Council).
Employment and pensions:
- An employment tribunal has held that voluntary overtime, and other payments associated with rotas worked voluntarily, should have been included in the calculation of statutory holiday pay (Brettle v Dudley Metropolitan Borough Council).
- The Welsh Government has published a consultation on proposed changes to how environmental impact assessment applies to town and country planning.
FOI and data protection:
- The FTT(IR) has held that the Department for Work and Pensions did not have to disclose certain information from a tender contractor as it was exempt under the commercial interest exemption (Jackley v Information Commissioner).
- The Information Commissioner’s Office has announced that a nursing home in Northern Ireland has been fined £15,000 for failing to keep the personal information they hold secure.
Local government law:
- The Committee on Standards in Public Life has published its annual report for 2015-16, together with a forward plan for 2016-17.
Property and planning:
- The Welsh Government has launched a consultation on proposals for changes to planning appeals, costs and standard daily amounts.
- The Crown Commercial Service has published:
- its August 2016 Guidance update, which covers a wide range of developments, resources and commissioning opportunities; and
- an updated framework agreement list for the procurement of common goods and services and information on the services it offers to government and public sector buyers that are interested in buying technology goods and services.
Practical Law In brief