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: local authorities involved in judicial review proceedings should note the decision in Kuteh, which held that a failure by the First-tier Tribunal to include reference to a vital witness statement in its final decision and the subsequent refusal of the Upper Tribunal to allow an appeal amounted to a “compelling reason” for the High Court to grant permission for the claimant to judicially review the Upper Tribunal.
Public asset management: all local authorities will be interested in the public asset map published by the government and also it’s position statement on how local authorities should seek to manage their assets.
Education: local education authorities should note that the Department for Education has published guidance on the application of the Agency Workers Regulations 2010 to agency supply teachers.
FOIA: all public authorities should note the Information Commissioner’s confirmation that Freedom of Information Act 2000 requests can be made by Twitter. Internal policies should be reviewed and, if necessary, updated to reflect this.
EIAs: planning lawyers will be interested in the decision of the Court of Appeal in Mageean, which made it clear that to challenge a planning inspector’s decision not to refer a matter back to the Secretary of State to reconsider a screening direction, an objector must show that decision was irrational and one which no reasonable inspector would have made.
Section 202 homelessness reviews: local authorities will welcome the decision in Akhtar in which the Court of Appeal held that a housing authority was not obliged to give its reasons for accepting a review requested under section 202 of the Housing Act 1996.
London plan: those advising London boroughs should note the Mayor of London published a replacement London Plan.
Consultations: this week there have been consultations launched on:
- Whether a UK Bill of Rights is needed.
- Changes to the Blue Badge Scheme in Wales.
- The government’s open data strategy.
- A data policy for the Public Data Corporation.
- The use of restrictive covenants in the pub industry and their impact on local communities.
- The draft EU Directive on energy efficiency.