PLC Public Sector reports:
This week’s list includes actions in respect of FOIA, procurement law, special educational needs and the operation of civic amenity sites to name just a few.
This week’s actions are:
SEN: following the Court of Appeal judgment in TM v Hounslow, LEAs assessing whether it is appropriate to educate a child with special educational needs in school should take account of all the relevant circumstances and not simply ask if the child’s statement of SEN could be met in a particular school.
Teachers’ remuneration: LEAs should note that a new order determining teachers’ remuneration comes into force on 1 September 2009.
Civic amenity sites: local authorities should take note of the latest HSE guidance on the storage of hazardous waste at civic amenity sites.
FOIA and local government: lawyers in local government advising on FOIA should note:
• the latest guidance published by the ICO concerning information created or received by councillors;
• that the ICO has followed up its guidance on the relationship of the Environmental Information Regulations with property searches by finding against two local authorities that sought to charge for the inspection of property records; and
• that the Ministry of Justice is encouraging all local authorities to adopt a policy of publishing data about the number of FOIA responses they publish in the same way that central government currently does.
FOIA – law enforcement and public inquiries: all information law practitioners should be aware that the ICO has published guidance on the exemptions contained in sections 30 and 31 of FOIA.
Workplace parking levies: local authorities considering introducing a workplace parking levy scheme should note that the DfT has published regulations detailing how schemes will be required to operate. The regulations come into force on 1 October 2009.
Right to buy: following the Court of Appeal judgment in Scinto v Newham, local authorities dealing with right to buy applications should be aware that their conduct may be taken into account in determining whether they are subsequently entitled to serve a notice to complete.
Homelessness: local housing authorities should note the supplemental guidance published by the DCLG on whether individuals who have defaulted on their mortgages and lost, their homes are intentionally or unintentionally homeless.
4ps: procurement lawyers should note that, with effect from 18 August 2009, the 4ps will no longer exist and will be replaced by local partnerships, a joint venture between the LGA and PUK.
OGC model contract update: the OGC’s model contract for use in ICT projects has been updated. Anyone advising in relation to an ongoing or new procurement using the model contract should use the updated version.
Consultations: this week saw consultations launched in respect of regional strategies and the tenant services authority’s regulation of local authority landlords.
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.