Practical Law

PLC Public Sector reports:

It is easy to get bogged down in whether a procurement is for “part A” services or “part B” services, above or below the threshold, or excluded from the full procurement regime in some other way. 

Before you realise it, you are lost in a maze of Treaty principles and Interpretative Communications and the procurement is fast taking its own individual, untested path to delivery. 

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PLC Public Sector reports:

Recently, there has been much discussion about the use of the surveillance powers contained in the Regulation of Investigatory Powers Act 2000 (RIPA) by local authorities. 

The most recent outcry follows the release by the Liberal Democrats of figures claiming that local authorities had used the surveillance powers at least 10,000 times in the last 5 years.  They claim that this level of use is far too high and also that those authorising the use are not senior enough.  

In this post, PLC Public Sector looks at the scope of these powers and considers what the future may hold for local authority surveillance.

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PLC Public Sector reports:

Beacon councils have been told to make it a priority not to utilise confusing jargon to engage with customers in their municipalities after some blue sky thinking from the LGA.  Therefore, down stream, the menu of options for engagement with service users and clients will be scaled-back.

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PLC Public Sector reports:

The recent High Court decision finding against Kerrier District Council (the Council) in favour of the Helford Village Development Company Limited (the Residents Group) made the headlines due to its “locals v second homeowners” billing.  The quashing of the Council’s decision to grant planning permission to the Parish Council for a jetty for local fishermen in the picturesque Cornish village of Helford has been described as a victory for second home-owning out-of-towners at the expense of the livelihood of locals.  Continue reading →

PLC Public Sector reports:

The move towards personalisation, putting service users in control of their care, is part of the transformation of social care set out in ‘Putting people first: a shared vision and commitment to the transformation of adult social care‘.

Personalisation creates a number of interesting issues for local authority lawyers as service users manage their own budgets and buy bespoke services. For example, how does the council balance service user choice with the need to ensure it is discharging its statutory responsibilities? What will happen to the employees who were providing these services previously?  How can councils ensure that the flexibility of the arrangements doesn’t force smaller service providers from the market? We will be closely following and commenting on developments in this area. Here’s our starter for ten…

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PLC Public Sector reports:

It’s that time of year again when the parents find out which schools their children will attend. The BBC reports that last year almost one in five children was refused a place at their first choice school. With many parents now appealing and instructing lawyers to act on their behalf, local authority lawyers are likely be increasingly called upon to offer guidance to their area’s admission authorities and appeal panels.

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PLC Public Sector reports:

… COUNCIL COVERS UP KNIFE PROBLEM IN LOCAL SCHOOLS … OUR SCHOOLS ARE COASTING WHILE OUR LOCAL AUTHORITY DOES NOTHING …

Two headlines that may follow a refusal to answer the following questions: 

How many knives have been confiscated at local comprehensives in the last year? What schools in our borough have been identified as “coasting”?

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David Gollancz, partner, Field Fisher Waterhouse LLP:

The European Commission has issued a press release saying that it “recognises” the need, in response to the economic crisis, for use of the accelerated restricted procedure in public procurements.  The OGC has issued its own brief Procurement Policy Note on the press release, suggesting that the accelerated procedure is available for any above-threshold restricted procedure procurement, subject to considering its suitability.

It seems a little unlikely that cutting the maximum 87 required days of delay in procurement to 30 for restricted procedure procurements only, will have a significant impact on the European economy.  High value procurements are comparatively rarely conducted by the restricted procedure, while acceleration is not available in competitive dialogue and the Commission has pretty much warned us off using the negotiated procedure except in extremis.   But leaving aside its efficacy, there are some questions to be asked about the legal implications of this pronouncement.

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