PLC Public Sector reports:

The Court of Appeal decision in Brent v Risk Management Partners headlines another busy week for public sector lawyers.  Review our list of recommended actions to make sure that nothing has passed you by. 

There are suggested actions for lawyers advising on areas such as public procurement, freedom of information, section 106 agreements and education to name just a few.

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PLC Public Sector reports:

In long, drawn-out contractual negotiations, a great deal of time is, rightly, focused on what happens if things go wrong.  For any major public service contract there is likely to be a complex service credit regime, with numerous complicated formulas.  If a contractor finds themselves on the wrong side of one of these formulas, they will either have to pay back money to the authority or only be entitled to a reduced payment for the services they have provided.

This finance-driven model works well in the private sector and undoubtedly has its place in some public sector contracts.  However, in this post PLC Public Sector asks if more thought needs to be given in public sector contracts to tailoring a more appropriate remedy.

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PLC Public Sector reports:

A recurring message coming from the Government is that communities (and therefore local authorities) need to be at the forefront of helping people to combat the effects of the recession.  Whether it be opening up empty shops to the public to save the high street or creating new city-regions, the Government has promoted a range of initiatives under the banner of decentralisation.

However, the Government’s response to an idea imported from the USA with high profile local authority and private sector support may give a more accurate indication of how flexible the Government is willing to be.

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PLC Public Sector reports:

In the coming months education lawyers up and down the country will have one eye on developments in Harrow.  A recent survey found that 50 local authorities withdrew 162 school places this year as a result of so called school application fraud.  No doubt each withdrawal was accompanied by a suitably worded “slap on the wrists” letter.  However, the London Borough of Harrow has gone one step further.  

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PLC Public Sector reports:

Do your procurement processes take adequate account of diversity issues? Are your housing officers placing too much reliance on specialist advice? Are your schools ensuring there is adequate playground supervision during break times? Are your internal disciplinary hearings staffed by people with adequate training?

Our recommended actions this week make sure that you will be able to provide the right answer to all of these questions and many more.

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PLC Public Sector reports:

The challenge of achieving efficiency savings without impacting on public service delivery is one that public sector workers have been facing for some time.  Budget 2009, with its call for an extra £15 billion of efficiency savings, means that the task of finding the right balance between these 2 competing needs will become even more difficult. 

One of the headline initiatives for local government formally announced in the budget, was the creation of 2 pilot city-regions.  Manchester and Leeds have been given the go-ahead to take more control over their budgets and, presumably, more responsibility for striking the right balance between service delivery and efficiency.  Is this the start of the long called for decentralisation, or is this pilot, which will be “overseen at ministerial level”, just window dressing?

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