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.
Education: the following developments may be of interest to local authorities:
- The government has established an endowment fund to raise the standards of under-performing schools. Any bids for funds have to set out how the proposals will help raise attainment.
- An Order has been made in Wales bringing into force provisions of the Education and Inspections Act 2006 relating to:
- discipline, behaviour and exclusion in schools;
- parenting contracts and parenting orders; and
- the extension of police powers allowing them to remove truants from public places during school hours.
However, it should be noted that the provisions relating to parenting contracts and parenting orders do not come fully into force until 5 January 2011.
Employment: employment lawyers should be aware of the surprising employment tribunal decision that the Acas Code, designed to help employers, employees and their representatives deal with disciplinary and grievance situations in the workplace, applies to a dismissal for some other substantial reason. Therefore, for the time being employers should bear the Code in mind when dealing with similar situations.
Libel: local authority officers should be aware that, following the decision in McLaughlin, there is no blanket protection from the law of defamation for those who complain about headteachers or governors, even if the complaint relates to the way in which a school’s affairs are run.
LGO: although there is no obligation upon councils to implement an LGO recommendation, those councils which decide not to do so should be aware that, following the decision in Gallagher, there is a risk that their decision may be found to be Wednesbury unreasonable in any subsequent legal challenge. Therefore, a local authority should ensure that the reasons for its decision not to follow an LGO’s recommendation are sufficient and that the specific issues they considered in reaching their decision are well-documented.
Planning: planning officers should be aware that:
- The effect of the High Court decision in Cala Homes is to re-establish Regional Strategies as part of the development plan since the Secretary of State has no power to revoke all Regional Strategies in advance of securing legislation to repeal the provisions. However, the DCLG has published a letter confirming that local planning authorities should have regard to the Secretary of State’s letter of 27 May 2010 informing them of the government’s intention to abolish regional strategies in the Localism Bill, as a material consideration in planning decisions.
- A replacement Appendix D has been published to Circular 9/95: General Development Consolidation Order 1995, which relates to the making of article 4 directions by local planning authorities to restrict permitted development rights within a limited area.
Consultation: there has been one consultation this week on the Housing Revenue Account Subsidy system, seeking proposals contained in the draft determinations.