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.
This week’s actions are:
Human rights: a recent European Court of Human Rights decision makes it clear that Article 6 of the European Convention on Human Rights applies to interim injunctions and other interim measures put in place by public authorities. Article 6 was previously not thought to apply in such circumstances, and those advising regulators and decision-makers as well as litigation lawyers need to be aware of this development.
Education (CCTV/PSHE): education lawyers should note:
- The Government’s intention to introduce compulsory personal, social, health and economic (PSHE) teaching in schools and broaden the requirements of the sex and relationship in 2011 (SRE) curriculum.
- The guidance published by the Information Commissioner’s Office (ICO) on the use of CCTV in schools.
Lotteries: local authority lawyers asked to advise on local authority lotteries should take account of the Gambling Commission’s new guidance.
Age discrimination: employment lawyers should note the Employment Appeal Tribunal’s (EAT) decision in Pulham and the effect this may have on keeping remuneration schemes based on length of service and age in place. The EAT found that the tribunal had given too much weight to:
- The fact that the scheme had been negotiated with the relevant trade unions.
- The costs facing the employer for historic equal pay claims.
WEEE: lawyers advising on waste should note the new Waste Electrical and Electronic Equipment Regulations that come into force on 1 January 2010.
CRC: lawyers advising public authorities on their environmental duties will be interested in the Environment Agency guidance on registering under the forthcoming Carbon Reduction Commitment Energy Scheme (CRC).
Data Security: Maidstone and Tunbridge Wells NHS Trust is the latest public organisation to give undertakings to the ICO after the theft of personal information. The ICO has made it clear this week that theft forms the greatest risk to personal information held by public authorities, who should be taking all reasonable steps to reduce this risk. On a positive note, Brent Council have confirmed they have signed up to the ICO’s personal information promise (PIP), more public authorities should investigate doing the same.
Mental wellbeing in the workplace: the NICE guidance on mental wellbeing in the work place will be of interest to anyone advising HR departments (in the NHS or otherwise).
Consultations: this week saw consultations being launched on:
- Revising the regulations on pupil and school information.
- Guidance about school trips.
- National policy statements on energy infrastructure.
- The NHS Constitution.
- Improving the resilience of critical infrastructure.
If you wish to submit your views on any of the actions we have recommended, or would like to highlight any other issues that you feel need action by public sector lawyers, please feel free to submit a comment below.