PLC Public Sector reports:
This week’s list of recommended actions covers developments for property, procurement and information law advisers, as well as numerous actions for education lawyers, especially those with an interest in special educational needs.
This week’s recommended actions are:
New guidance for innovation in procurement: lawyers advising on procurement law need to be aware of the growing push to achieve policy goals through procurement spend. The latest example of this is the publication by the OGC of new guidance on driving innovation through public procurement.
Updated Land Registry practice guides: property lawyers should note the publication by the Land Registry of an updated Practice Guide 10 on official searches of the index map and a new Practice Guide 68 on amending deeds.
Deferral of business rates: local authorities need to be aware of the introduction of regulations which will allow businesses to defer payment of part of their forthcoming increase in business rates. The DCLG has promised to issue guidance to local authorities and PLC Public Sector will report on it when they do.
Updates to social care complaints regulations: the new single complaints procedure on social and health care has been updated. Local authorities should take note and where they have entered into section 75 agreements with NHS trusts should ensure that the agreement refers to a compliant complaints procedure.
Guidance on fire risk: local authorities should be aware of the guidance issued by the Minister for Housing following the recent fire in Camberwell Green.
Data protection fees: all public authorities need to be aware of the two-tier fee structure for data controllers to be introduced by the Information Commissioner on 1 October 2009. It could lead to an increase in the registration fee for LAs from £35 to £500.
School admissions: the LGO’s report on complaints about Slough Grammar School’s admissions appeal process highlights the need for clerks to appeals panels to be given the training that the school admissions appeal code requires.
SEN – undertaking assessments: the LGO’s report in respect of Suffolk County Council’s refusal to carry out a SEN assessment highlights the obvious point that local authorities should not refuse to carry out such assessments when they are requested to do so and when they have information suggesting that it is necessary to do so.
SEN – amending statements on transfer: the decision in M v East Sussex County Council highlights the need for all statements of SEN to be amended at the age of transfer stage; even if the child is to remain in the same school (where that school caters for primary and secondary school age children).
School travel for disabled pupils: the decision in Bedfordshire County Council v Dixon-Wilkinson makes it clear that transport to and from extra curricular school activities for eligible children suffering from a disability, is unlikely to amount to “an auxiliary aid and service” and therefore may be a reasonable step for an LEA to take to prevent a child from suffering from unlawful discrimination. Local authorities faced with a request for such transport, should consider the applicable guidance and the particular circumstances, though financial considerations may be relevant to show any refusal to provide the transport service is “justified”.
Libel – Maintaining registers of problem members of the public: following the decision in Clift v Slough Borough Council, public authorities should ensure that any information held about potential problem members of the public is held in accordance with all applicable Human Rights and Data Protection legislation. Further, any applicable internal policies must also be complied with and the information should only be accessible by those staff with a need to know it.
Consultations: this week saw consultations launched on new health protection regulations, the right to manage and the publication of the Government’s care and support green paper.
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.