29/02/2012

Doctor Who request highlights need for evidence not guesswork when claiming section 12 applies

PLC Public Sector reports:

The First-tier Tribunal’s decision in Cardiff Council v Information Commissioner is a timely reminder of the nature and quality of evidence or information that a public authority should provide if it is seeking to rely on the exemption set out in section 12 of the Freedom of Information Act 2000 (FOIA), where the cost of complying exceeds the appropriate prescribed limit specified in Schedule 1 to the Fees Regulations.  Continue reading →

22/02/2012

Frameworks for compliance with equalities legislation

Following a warning this week by the Local Government Association (LGA) that local authorities and housing associations should be aware of the importance of updating their policies and procedures to ensure compliance with the Equality Act 2010, we look at the two updated frameworks published by the LGA and how they are intended to help public bodies meet their equality duties. Continue reading →

15/02/2012

Can local authority data losses be stemmed?

PLC Public Sector reports:

It is a story that has been told many, many times. The Information Commissioner’s Office (ICO) reprimands a local authority for losing or mistakenly disclosing the sensitive personal data of staff or service users and the authority accepts a slap on the wrist, signing an undertaking promising to do better in the future. The problem is, however, that no matter how many wrists are slapped and undertakings signed, the constant flow of local authority data loss appears to continue unabated.

On 1 April 2010, the ICO was given new powers, including the power to impose financial penalties of up to £500,000 for serious breaches of the Data Protection Act 1998. The ICO has not been shy to use these powers to punish local authorities. Surely this should have provided the impetus to local authorities to put a stop to this? Well, it hasn’t.

Continue reading →

08/02/2012

Pay and transparency in the public sector

It seems that since the formation of the coalition government in May 2010, the issue of how public money is spent in these tough economic times has rarely been out of the news, whether it is the government legislating to make public bodies more accountable through a policy of greater government and public sector transparency or cash-strapped local authorities taking drastic measures to achieve budget cuts by dismissing and re-engaging staff who agree to take a salary cut, see Opinion, Issues for local authorities to consider when dismissing and re-engaging staff on revised terms. Continue reading →

01/02/2012

Court of Appeal rejects legitimate expectation argument and gives guidance on preparing a court bundle

The recent decision of the Court of Appeal in Northern Ireland in Loreto Grammar School, Re Judicial Review is an interesting one for two reasons. Firstly, it shows that even the judiciary can have diametrically opposed views on whether the particular  circumstances of an individual case give rise to a legitimate expectation. Secondly, the court offered guidance to practitioners on how to prepare a proper core bundle for use by the parties and the court at the hearing. This guidance was prompted by the parties’ producing bundles of documents that were not limited to core documents but included additional documents “for the sake of completeness”.

Continue reading →