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.
Looking forward to 2011: those advising clients and board members on the potential key issues for 2011 should read PLC Public Sector: looking forward to 2011. The update summarises the developments relevant to public sector lawyers that are expected to take place in 2011 and links to relevant PLC coverage and materials.
Arm’s Length Bodies – making a case for change: the National Audit Office has published a memorandum aimed at select committees responsible for assessing business cases for making changes to arm’s length bodies as set out in the Public Bodies Bill. The principles set out in this memorandum will be useful for those looking to put forward effective business cases for creating, merging or closing an arm’s length body.
Education: local authorities which are asked to issue individual licences for children participating in amateur productions should be aware that the government has issued guidance on how such organisations can obtain a Body of Persons Approval, which approval will reduce the administrative requirements for both the organisation and the local authority.
Education lawyers should familiarise themselves with the ECtHR decision in Ali v The UK, which held that although there had been some technical irregularities in the exclusion process, the exclusion was not a violation of the pupil’s right to education under the ECHR. What is important is to ensure that a fair balance is struck between the exclusion and the justification for excluding the pupil and that adequate alternative provision is provided to the excluded pupil.
Employment litigation: the High Court has found that an employee was in repudiatory breach of contract when she emailed her employer’s confidential information to her private email address. The decision indicates that, although an employee may consider doing this would protect their position in the event of a dispute with their employer, possible litigation is unlikely to ever justify an employee copying or transferring confidential documents belonging to the employer. Instead the employee must rely on the court’s disclosure process and its ability to ensure that a reluctant employer complies with its disclosure obligations.
FOIA: information officers should be aware:
- That, following the decision in Elmbridge Borough Council v ICO, an independent review and objective evidence of commercially sensitive information should be undertaken at the time the request for the information is made in order to establish that some harm or prejudice would be caused to the third party’s commercial interests if disclosure of the information was given.
- Of the ICO’s decision that councillors at Middlesbrough Council, given their senior role within the organisation and in particular their direct responsibility for overseeing how public money is spent, should have expected to have some of their personal data relating to their use of a publicly funded council resource released.
Housing Revenue account subsidy: finance officers and local housing authorities should be aware that the HRA subsidy for 2011-2012 has been confirmed.
Human rights and majority verdicts: following the decision in Twaite, the Court of Appeal has stated that a finding of guilty by a majority verdict does not breach a defendant’s Article 6 rights to a fair trial. However, the Court of Appeal also ruled that where a defendant was acquitted by a majority decision then this should not be disclosed. The first matter that must be ascertained is whether a verdict has been reached and, if so, the only question that should be asked is whether the defendant had been found guilty or not guilty. There are no circumstances in which the way that the individual members voted should be disclosed.
Property: Welsh planning officers should be aware that there are new procedure rules in Wales relating to public local inquiries dealing with the compulsory acquisition of land.
Consultations: this week there were consultations on:
- Cross-sector principles for economic regulation.
- Climate change resilience guidance in Wales.
- EU structural funds.
- Standard rules for anaerobic digesters.
- New draft RICS Code of Practice for commercial property service charges.
The EC also announced that on 26 January 2011 it will launch a consultation on reforms to public procurement law.