Practical Law

Children’s services: those dealing with age assessments under the Children Act 1989 should note the Court of Appeal’s decision in R (Kadri) v Birmingham City Council and another.  The Court of Appeal held that the local authority’s failure to reconcile its age assessment with the assessment reached by the Secretary of State for the Home Department was not unlawful. The authority was not obliged  to invoke the third party adjudication process, since the Joint Working Protocol on age assessments (agreed between the Association of Directors of Social Services and the Nationality Directorate of the Home Office) was not binding on it.

Education: education lawyers should be aware that the Equality and Human Rights Commission has published:

• Guidance for schools on making reasonable adjustments for disabled pupils, as required by the Equality Act 2010.
• Non-statutory guidance for schools on the public sector equality duty in section 149 of the Equality Act 2010.

Environment: environment and enforcement lawyers should be aware of:

• The government statement on sanctions under the Regulatory Enforcement and Sanctions Act 2008, which may pave the way for the long-awaited introduction of civil sanctions for offences under the environmental permitting regime.
• The commencement order made under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 bringing into force the Act’s provisions relating to scrap metal dealers.

Employment: employment lawyers should note the ECJ decision in Redfearn v UK, which found that UK law is in violation of the ECHR, as it does not provide protection from dismissal on grounds of political opinion or affiliation.  This case concerned the dismissal of an individual following his election as a local councillor for the BNP.

Housing: housing lawyers should note that:

• In Thurrock Borough Council v West, the Court of Appeal has ruled that there is a high threshold to prove an Article 8 ECHR right to social housing. Limitations on the housing stock available to local authorities means that public policy considerations should be taken into account.
• The DCLG has published guidance on the duties to offer accommodation to homeless people in sections 148 and 149 of the Localism Act 2011 and in the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601).

Local government: Local government lawyers should note that, from early 2013, a review by an “independent person” will no longer be required before chief executives of local authorities are dismissed. Local authorities are also being encouraged to scrutinise their executives’ pay and benefits more thoroughly and guidance issued under the Localism Act 2011 will be amended to reflect this.

Planning: planning lawyers will be interested in:

• The decision in Winfield v Secretary of State for Communities and Local Government, in which the Court of Appeal held that a structure without a banner is not an advertisement for the purposes of section 336 of the Town and Country Planning Act 1990.
• The new Welsh planning policy published by the Welsh Government.

Public procurement: public procurement lawyers will be interested in the procurement policy note published by the Cabinet Office on taking account of bidders’ past performance.  The note requires certain specified information to be requested by central government (including NDPBs) in procurements with a value in excess of £20 million for ICT, FM and business process outsourcing contracts.

Social services: lawyers in social services should be aware that, in R (South West Care Homes Ltd) v Devon County Council and another, the council’s fee-setting policy for assessing whether to grant residential care at an applicant’s preferred choice of care home has been quashed, for breach of the equality duty.

Consultations: this week consultations were published on:

• Extending the development work permitted without planning permission in England.
• The use of planning obligations in Crossrail and the Mayoral Community Infrastructure Levy.
• Extending the remedies available for breaches of consumer law.
• Amendments to the current restrictions on local authority pension funds.
• Amendments to the factors that adoption agencies must take into account when placing children.
• The future of the UK’s Reserve Forces.