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 Local Government email.

Adult social services:

• The Court of Protection has considered whether a family member should act as a Rule 3A representative under the Court of Protection Rules 2007 in a case involving significant physical interventions and restraint where an individual was deprived of their liberty (SCC v MSA and another).
• The National Assembly for Wales Finance Committee has launched an inquiry into the cost of caring for an ageing population.

Central government:

• David Davis and Michel Barnier have provided closing remarks following the fourth round of Article 50 negotiations. The Department for Exiting the European Union and the European Commission have also published a third joint technical note that summarises and compares the UK and EU positions on citizens’ rights.
• The House of Lords European Union Committee has launched an inquiry into the key components of any implementation or transition period after the UK leaves the EU, and the implications of a failure to reach agreement on transition.
• The House of Lords Delegated Powers and Regulatory Reform Committee (Committee) has published a report on the European Union (Withdrawal) Bill 2017-19.
• The Welsh Government has published a new draft 2018-19 Budget for Wales. The draft Budget includes two year revenue plans for 2018-19 and 2019-20.

Children’s services:

• The Family Court has allowed the adjournment of an application for permission to oppose the making of an adoption order (London Borough of Tower Hamlets v H and another).

Civil litigation:

• The High Court has made a number of findings regarding witness evidence that highlight some important practice points, particularly when obtaining evidence from someone in a language other than their first language (Frenkel v Lyampert and others).
• The making document setting out changes to Practice Directions associated with the 92nd CPR Update has been circulated in draft.
• An updated version of the Chancery Guide has been published.

Education:

• The Department for Education has published updated guidance for schools forums.

Employment and pensions:

• The European Commission has entered into the second stage consultation with social partners on the modernisation of the Written Statement Directive (Directive 91/533/EEC).

Environment:

• The Landfill Disposals Tax (Wales) Act 2017 (Commencement No 1) Order 2017 has been made. It is the first commencement order made by the Welsh Ministers under the Landfill Disposals Tax Act 2017 to introduce the landfill disposals tax, a devolved landfill tax for Wales, by April 2018.
• The Department for Environment, Food and Rural Affairs has launched a call for evidence on regulatory or voluntary measures to reduce littering and improve the recycling of drinks containers.

FOI and data protection:

• The ICO has announced that a former council worker has been ordered to pay a total of £544.08 after pleading guilty in the Magistrates’ Court to unlawfully obtaining personal data under section 55 of the Data Protection Act 1998.

Health:

• The National Assembly for Wales Research Service has published a research briefing on the Public Health (Wales) Act 2017.
• The Welsh Government has set a new deadline for making retrospective claims for Continuing NHS Healthcare of 31 October 2017 and has urged potential claimants to register their intent to make a claim.

Housing:

• The Homes and Communities Agency has published a consultation on revising the Value for Money Standard for registered providers.
• The Social Housing Regulator has published a report finding that a registered provider had failed to adhere to the Tenancy Standard in relation to its eviction procedures.

Local government law:

• The National Audit Office has published two short guides covering the Department for Communities and Local Government and local authorities.

Property and planning:

• The High Court has:
  • implied an obligation to market and sell into an overage agreement, to prevent the overage payment being delayed indefinitely (Sparks v Biden); and
  • provided a useful reminder of the history of the listed building regime and the extended definition of “building” in the Planning (Listed Buildings and Conservation Areas) Act 1990 (Dill v Secretary of State for Communities and Local Government and another).
• The Land Registry has updated its electronic Document Registation Service to allow customers to remove default Form A restrictions more quickly.

Public procurement:

• The General Court has:
  • dismissed an application for interim relief during a tender process (Wall Street Systems UK v ECB); and
  • handed down its judgment on whether an e-procurement system set up by a member state was a service of general economic interest (Aanbestedingskalender BV, Negometrix BV, CTM Solution BV, Stillpoint Applications BV and Huisinga Beheer BV v the Commission)

Regulation and enforcement:

• The National Assembly for Wales has published the Public Services Ombudsman (Wales) Bill.
• The Court of Appeal has dismissed an appellant’s appeal that the Nursing and Midwifery Council was wrong to find that her second conviction for drink driving meant she was not of good character justifying its decision to refuse to renew her registration as a nurse (Doherty v The Nursing and Midwifery Council).
• The Chief Executive of HM Courts and Tribunals Service has written a blog in which she asserts that the reform program for courts and tribunals is beginning to show dividends.
• The Welsh Government has published a report on council tax debt and how local authorities are managing the collection of arrears.
• The government has published new advice to businesses following the extension of the Primary Authority scheme on 1 October 2017, brought about by the Co-ordination of Regulatory Enforcement Regulations 2017.