PLC Public Sector reports:
Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.
Building regulations: local authorities will welcome the decision in R (Gresty and another) v Knowsley Metropolitan Borough Council in which the court rejected a claim from homeowners alleging that the local authority had breached Article 8 of the European Convention on Human Rights (the right to respect for private and family life) by failing to spot defective construction works when carrying out its building control function under the Building Regulations.
Civil litigation: anyone involved in civil litigation should note that the 58th update to the CPR has been published. Subscribers can keep up to date with all the changes that made to the CPR by using this tracker.
Care homes: those involved in contracting with commercial care home providers should note the decision of the High Court in R (Broadway Care Centre Ltd) v Caerphilly County Borough Council. The High Court held that Broadway Care Centre Ltd was unable to judicially review the decision by Caerphilly to terminate the contract between them over concerns about care quality concerns as it was a private law matter and therefore public law remedies could not be used.
Education: education lawyers should note the following recent developments:
- Further provisions of the Education Act 2011 have been brought into force by the Education Act 2011 (Commencement No 2 and Transitional and Savings Provisions) Order 2012. A number of provisions came into force on 15 January 2012 and others will be brought into force on 1 February 2012.
- The Education (School Teachers’ Appraisal) (England) Regulations 2011 have been made, revoking and replacing the Education (School Teacher Performance Management) (England) Regulations 2006 which deal with performance management and appraisal procedures in schools.
- The Department for Education has published a model funding agreement for university technology colleges and studio schools for use by those approved to open in 2012.
Freedom of information: information lawyers should note that in Keiller v Information Commissioner, the First-tier Tribunal (Information Rights) (FTTIR) has found that a copy of an e-mail held on a back-up server was held for the purposes of regulation 12(4)(a) of the Environmental Information Regulations (SI 2004/3391) (EIR). While this case was argued under the EIR, it is important to note the principle will also be relevant to whether information is held under the Freedom of Information Act 2000. To assist public authorities in responding to requests for e-mails that may have been deleted, it would be sensible for them to ensure that they have a deletion and retention policy and that this policy is adhered to. If this is done, the need to continually request searches of back-up servers to see if e-mails are held every time a request is received should be removed.
Highways: highways authorities will be interested in the decision in City of London v Samede and others in which possession orders were granted for two areas of highway adjacent to St Paul’s Cathedral which were being occupied by protestors from the “Occupy” movement. The case provides a useful analysis of the balance to be struck between the competing rights of public protest and assembly enshrined in the European Convention on Human Rights and the duties of a highway authority to protect the public’s use of the highway.
Public procurement: public procurement lawyers will be interested in:
- The High Court decision finding in Alstom Transport v Eurostar International Ltd that, even though it is a public undertaking, Eurostar is not a contracting entity for the purpose of:
- o the Utilities Contracts Regulations 2006, on the basis that it is not engaged in a relevant utility activity (the operation of a railway network); or
- o the Public Contracts Regulations 2006, due to its commercial character.
- The decision of the Court of Session in Clinical Solutions International Limited v NHS 24 and Capgemini UK plc to end the prohibition on NHS 24 from entering into a contract under its tender procedure in relation to the provision of software and other services for NHS 24’s telephone and online medical advice services. This was made on the basis that the action had likely not been served in compliance with the applicable regulations and that its case on the merits was at best only a weak prima facie case. The balance of convenience and the public interest favoured the granting of the interim order.
- The two working papers published by the Council of the European Union to inform discussions on the Commission’s proposals for a new directive on public procurement
Consultations: this week there have been consultations published on: