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.
Civil litigation: litigation lawyers should be aware that there have been changes to the UK Supreme Court Practice Directions in relation to presentation of documents, authorities relied on, court dress and the procedure that should be followed where a solicitor has ceased to act for a party.
Children’s services: those dealing with age assessments under the Children Act 1989 should note the recent Upper Tribunal decision in R(JS and another) v Birmingham City Council, in which two age assessments by Birmingham City Council were quashed because of a failure to follow the joint working protocol between the Immigration and Nationality Directorate of the Home Office and the Association of Directors of Social Services. Birmingham was required to retake the assessments in line with the Protocol.
Employment: employment lawyers will be interested in the following recent developments:
- A decision by the EAT in Chelmsford College Corporation v Teal, where it was held that an employer’s consent to an employee rescinding their resignation meant that the resignation had never been effective (in effect, a “vanishing resignation”).
- A decision by the EAT in HM Land Registry v Benson and others, in which it was held that a refusal by an employer to accept early retirement applications from employees aged between 50 and 54 did not amount to unlawful indirect age discrimination.
- That post-employment victimisation is not unlawful under the Equality Act 2010, as held by the Employment Tribunal in Jessemey v Rowstock Ltd and another.
- Two draft orders, which will come into force on 6 April 2012 and:
- amend section 108 of the Employment Rights Act 1996 to increase the qualifying period to claim unfair dismissal and the entitlement to written reasons for dismissal from one to two years; and
- amend section 4(3) of the Employment Tribunals Act 1996 to allow unfair dismissal claims to be heard by an employment judge sitting alone.
Environment: environmental lawyers should be aware that:
- DEFRA has published a final version of the National Policy Statement for Waste Water.
- Regulations have been laid before Parliament which change the definition of contaminated land to refer to significant water pollution and alongside this guidance on contaminated land has also been laid.
FOI: information lawyers should note that the First-tier Tribunal (information Rights) has held that information relating to the 1998 prosecution of Nick Griffin, leader of the British National Party, was not exempt from disclosure under the personal data exemption and that there was a high public interest in the information being disclosed.
Health and social care: health and social care lawyers should note the following recent decisions:
- The Supreme Court decision in Rabone and another v Pennine Care NHS Foundation, in which it was held that Article 2 of the European Convention on Human Rights (ECHR) imposes a duty on health authorities to protect the life of patients who have voluntarily submitted to treatment and not just those detained under the Mental Health Act 1983. Note too that the decision confirms settled case law that relatives have victim status under Article 34 and therefore have sufficient standing to bring a claim against an authority based on a breach of Article 2).
- The Court of Appeal decision in K v LBX and others, in which it was held that Article 8 of the ECHR is not the starting point when assessing a person’s best interests under the Mental Capacity Act 2005, but a circumstance that should be taken into account under section 4 of the Act.
Localism Act 2011 (Wales): local government lawyers in Wales should be aware that a commencement order under the Localism Act 2011 has been published, bringing into force the provisions of the Act relating to pay accountability and discretionary relief from non-domestic rates.
Local authority governance: those advising local authorities that are considering making changes to their governance arrangements should be aware that the Local Authorities (Conduct of Referendums) (England) Regulations 2012 came into force on 8 February 2012.
Local authority powers: those advising on the conduct of authority meetings should note the decision of the High Court in R (National Secular Society and Another) v Bideford Town Council, in which it was held that section 111 of the Local Government Act 1972 does not authorise the offering of prayers at the start of council meetings and to do so is therefore ultra vires. Local authorities that currently offer prayers in council meetings should take heed of this decision and be aware that other authorities have taken the precaution of suspending the practice until further clarification has been provided.
Public procurement: procurement lawyers should be aware of the following developments:
- The publication of a note by the Cabinet Office explaining the scope of the Mystery Shopper Scheme in which suppliers can provide feedback on issues with public procurement processes.
- A series of documents have been published relating to the Government Construction Strategy identifying trial projects.
Consultations: this week consultations have been published on:
The government has also published a response to its consultation seeking views on proposals to reform the civil justice system in England and Wales.