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.
Bribery Act 2010: all public authorities should be aware that the Bribery Act 2010 will come into force on 1 July 2011. Before the Act comes into force, precedent contracts should be reviewed and updated where necessary (we will shortly be publishing a new prevention of corruption standard clause) and authorities should also review whether the Act may require changes to any staff policies or other documents.
Education: anyone advising on local authorities’ obligations to provide information about the schools in their area should note that new regulations have been made changing the requirements for information to be provided to the Secretary of State.
Pensions: anyone advising local authorities on their obligations under the LGPS should note the Pensions Ombudsman’s decision in Halford, where it was held that a trustee or scheme manager’s statutory duty to disclose information about alterations to the scheme to “all members and beneficiaries” under the disclosure regulations is strict and failure to comply with the obligation in an individual member’s case is maladministration, even if the trustee or scheme manager made reasonable efforts to provide the information.
Data protection: local authorities should note the Information Commissioner’s decision to fine Surrey County Council £120,000 for breaches of the Data Protection Act 1998, and ensure that suitable policies are implemented and enforced, especially in departments where staff deal with data relating to vulnerable individuals.
Housing: housing lawyers should note that Planning Policy Statement 3: Housing (PPS3) has been reissued by the government to take account of its plans for social housing reform.
Direct Payments for social care: following the decision in KM v Cambridgeshire County Council it is clear that detailed reasoning must accompany assessments of direct payments and local authorities should ensure that it is included at the outset as a matter of course.
Deprivation of liberty: the decision in London Borough of Hillingdon v Neary and another, sets out numerous lessons for local authorities who are acting as supervisory bodies under the Mental Capacity Act 2005 (MCA) The failings in this case and multiple breaches of the ECHR could have been avoided if Hillingdon had:
- Followed the correct deprivation of liberty procedure under the MCA.
- Fulfilled its duties as a supervisory body, by actively scrutinising the best interests assessments made concerning the claimant.
Compulsory purchase: property lawyers should note that the government has published a new appendix KA to circular 06/2004 on compulsory purchase and the Crichel Down Rules. The appendix relates to the exercise of compulsory purchase powers by local authorities at the request of the community.
Central government construction: anyone advising on a central government construction project should note that the Cabinet Office has now published a new fair payment information note which includes a “Z clause” translating those principles into contract terms to insert into the NEC3 Engineering and Construction Contract. The note requires central government clients to:
- Use the Z clause when entering into an NEC3 construction contract.
- Include the fair payment guidance found at Annex A of the Note in every NEC3 contract’s Works Information.
Consultation: this week consultations were launched on:
- Proposals for a London-wide Community Infrastructure Levy (CIL) to fund Crossrail.
- Air quality plans to meet nitrogen dioxide limits for England.
Defra has also published: