PLC Public Sector reports:
This week’s actions are:
Local government committees: local authorities setting up committees to take decisions should note the judgment in R (Friends of Hethel) v South Norfolk District Council, holding that the Local Government Act 1972 requires that decisions taken by committees must be reached on a simple majority basis and cannot require an increased majority in any circumstances. Existing committees may also need to review their terms of reference to check that they comply with this requirement.
Children Act age assessments: those advising on local authorities’ duties under the Children Act 1989 should note the decision in R (PM) v Hertfordshire County Council. The court held that a local authority was not bound, or indeed entitled, to rely on a First-tier Tribunal (Immigration and Asylum Chamber) ruling that the claimant was not a minor to stop providing assistance under section 20 of the Act. A local authority is still required to undertake its own age assessment before taking any decision that it is no longer bound by the Act.
Social security data sharing: those advising local authorities on how they deal with social security data should take account of the guidance on this area issued by the Department for Work and Pensions.
Academies: anyone advising on the conversion of a maintained school to an Academy under the Academies Act 2010 should ensure that they check the Department for Education website as it is continually publishing new and revised supporting documents for use in this process. Converting schools are expected to use the model memorandum articles and funding agreement without amendment.
FOIA: information lawyers should note two recent decisions of the First-tier Tribunal (Information Rights):
- In Thackeray, the tribunal held that a refusal by the appellant to provide a postal address meant that it could not accept an appeal against an ICO decision notice.
- In Gradwick, the tribunal gave guidance on how public authorities should present redacted information. Public authorities should ensure they comply with the approach advocated by the tribunal, as a failure to do so could mean they are found to be in breach of both section 1 (duty to provide information) and section 16 (duty to provide assistance) of the Freedom of Information Act 2000.
Occupier’s liability: while public authorities will welcome the decision in Harvey v Plymouth City Council, they should remain alert to their statutory duty of care under the Occupier’s Liability Act 1957. The decision should prompt a review of the audit procedures that authorities have in place to be sure of what land they own, how it is being used and by whom, and in what condition it is in.
Consultations: consultations have been published on:
• Extending the scope of the Freedom of Information (Scotland) Act 2002.
• Changing the public procurement regime that applies to concession agreements.
• Marine planning and licensing.
• The natural environment of England.
Calls for evidence were also made in respect of the current review of school capital finance and the Department for Environment, Food and Rural Affairs’ waste policy review.