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.
Judicial review:
- Those interested in the Sharon Shoesmith case should note that the Court of Appeal has allowed the former Director of Children’s Services at Haringey London Borough Council’s application for judicial review action against the former Secretary of State for Children, Schools and Families and Haringey to succeed following her dismissal after an investigation into Haringey’s safeguarding and child protection arrangements. Her claim against Ofsted was rejected.
- The Administrative Court has held that when a claim for judicial review involves the enforcement of a European directive, the limitation period for bringing the claim cannot be less than three months.
School admissions: those acting for schools and their governing bodies in relation to admission appeals should note a recent decision by the Local Government Ombudsman finding St Paul’s Church of England Primary School, Mill Hill guilty of maladministration causing injustice after failing to comply with the statutory admissions and appeals code when considering an application for a school place.
Cookies: those advising public authorities on how their websites must be operated should note the latest guidance issued by the Information Commissioner on how the Privacy and Electronic Communications Regulations will be enforced.
Safeguarding: public authorities should note that the Independent Safeguarding Authority has published guidance setting out the key elements of the referral process.
Discrimination: employment lawyers should note that the EAT has held that an employment tribunal has no power to apportion blame between parties that are both found guilty of discrimination, liability is joint and several as a matter of law.
Public procurement: anyone advising on the application of the public procurement regime to development agreements will be interested in the latest ECJ decision on a development scheme in Spain.
Planning: planning practitioners should note that the Court of Appeal has:
- Ruled in the most recent Cala Homes case that the proposed abolition of regional strategies is capable in certain cases of being a “material consideration” for the purposes of determining planning applications and appeals.
- Highlighted the need for planning conditions to be unambiguous and clear on the face of the permission.
Consultations: this week there have been consultations launched on: