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:
ContactPoint: local authorities in England should be aware that, from 8 April 2010, new regulations mean that:
- The ContactPoint database holds information on all children in the local authority’s area rather than only those who are ordinarily resident in England.
- They can shield specific information on an individual record.
- They can decide that information on a child who is no longer resident in their area should be archived after a certain date.
Homelessness: children’s services and housing services authorities should:
- Familiarise themselves with the guidance on the care support provision for homeless 16-and 17-year old young people that has been published following the decision in R (on the application of G) v London Borough of Southwark.
- Develop joint working protocols, which set out clear, practical arrangements for providing care support services.
Housing: although the decision is subject to appeal in the Court of Appeal, local authority housing officers should be alerted to the decision in R on the application of Coombes v Secretary of State for Communities and Local Government, in which the High Court held that section 3 of the Protection from Eviction Act 1977 is compatible with Article 8 of the European Convention on Human Rights. If the appeal is successful, local authorities may have to undertake more rigorous investigations into an occupier’s personal circumstances before deciding to issue a notice to quit and serving possession proceedings.
Local authorities: should be aware that the provisions in the Safeguarding Vulnerable Groups Act 2006, relating to definitions of controlled activity and responsible persons, have been commenced in full by the Safeguarding Vulnerable Groups Act 2006 (Commencement No 6 Transitional Provisions and Savings (Amendment) and (Commencement No 7) Order 2010. The same provisions are the subject of a consultation, see Legal update, Consultations on Vetting and Barring Scheme Published.
Returning officers: local authority Returning Officers should be alerted to the guidance and information that has been published by the Ministry of Justice in relation to the 2010 General Election.
Planning: planning lawyers should be aware that non-statutory guidance has been published on planning regulation changes for dwelling houses and houses in multiple occupation.
Public procurement: public procurement officers should familiarise themselves with the decision of the ECJ in Wall AG v City of Frankfurt, which usefully clarifies the application of fundamental EU legal principles to the award of contracts/concessions that fall outside the express provisions of the public procurement Directives. In particular, when a change to a contract (in this case replacing a material sub-contractor) may require a new tender process and when organisations that are part-owned by contracting authorities will be subject to the fundamental EU legal principles.
Consultations: there are three consultations this week on:
- A revised approach to meeting EU landfill diversion targets.
- A new policy document for planning obligations.
- The procedure for responding to Natural England’s coastal access reports.