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:
Public procurement: procurement lawyers should be aware that the new Remedies Directive will come into force in the UK on 20 December 2009. They should also be aware that a Scottish court decision suggests that it is already in force. Procurement lawyers should also note that the Office of Government Commerce has published a procurement policy note providing guidance on embedding skills training and apprenticeships in public procurement.
Education: education lawyers should note the following developments:
- Faith schools and discrimination: the Supreme Court has dismissed JFS’ appeal against a finding that its admission policy was directly discriminatory.
- School admissions code: the School Admissions Code has been updated to allow parents more discretion about when their children start primary school. The revisions come into force in February 2010 and will apply to admissions from September 2011.
- Bullying: new guidance has been published for schools on preventing and responding to sexist, sexual and transphobic bullying (several linked consultations have also been published (see below)).
- Raising the school participation age: the Government has published a delivery plan that sets out what local authorities need to do by 2013 to prepare for the raising of the school participation age (which will rise to 17 in 2013 and 18 in 2015).
Vetting and barring scheme: the Government has made some minor amendments to the vetting and barring scheme set out in the Safeguarding Vulnerable Groups Act 2006 in response to concerns that the scheme would place an undue burden on volunteers.
Employment: employment lawyers should be aware of the following:
- Discrimination: the Court of Appeal’s decision in Ladele, which upheld the EAT’s decision that the council had not either directly or indirectly discriminated against Ms Ladele, or unlawfully harassed her, on the grounds of her religious belief, when it took disciplinary action against her for refusal to abide by its policy that all registrars carry out civil partnership ceremonies.
- Trade union activities: Acas has published the final version of its Code of Practice on time off for trade union duties and activities. The Code replaces the previous guidance issued in 2003 and comes into effect on 1 January 2010.
Pensions: those advising pensions administrators should take account of the decision in Winterstein where the Ombudsman held that the nomination form completed on joining the LGPS was only one relevant factor for the decision-maker to take into account when making a lump sum payment on the death of the member, and was indicative of the member’s wishes when he signed the form.
FOIA: those advising on responding to FOIA request should take account of the Information Tribunal’s decision finding that time taken to redact a document cannot be taken into account in deciding if responding to a request for information will exceed the applicable costs limit.
Foundation trusts: anyone advising a foundation trust should be aware that following a High Court decision, the way that the private patient income cap is calculated will have to be revised.
NHS Strategy: anyone advising NHS trusts should note that a new NHS Strategy has been published.
Housing: local authority housing lawyers should note the decision in Ali, which found that Birmingham City Council did not routinely have to translate all letters sent to those who could not speak English. It was enough that the availability of translation services had been brought to the service user’s attention.
Disability equality duty: following the decision in Barnet and Portsmouth, local authority lawyers should be aware of the need to comply with all applicable equality duties/codes of practice throughout decision-making processes. The failure of Barnet to do so has for the time being derailed a key part of the Council’s so called “Easy Council” strategy.
Bus services: local authority lawyers should be aware on new legislation that comes into force on 11 January 2010, which will give local authorities the right to enter into quality contract schemes.
Disabled “right to control”: the Government has published its response to its consultation on allowing disabled people to personalise their services, together with details of how the proposals will be piloted.
Meanwhile use leases: The Department for Communities and Local Government has published special lease templates called “meanwhile use leases”. The leases are intended to encourage the temporary occupation of empty town centre shops by occupiers who can contribute to the viability and vitality of town centres but who would otherwise be unable to afford normal commercial rents.
Consultations: this week, consultations have also been published on:
- Recording and reporting incidents of bullying between school pupils and incidents of abuse against school staff.
- Regulations and guidance on school governing bodies’ powers to refer pupils to off-site provision to receive education or training to improve their behaviour.
- Statutory guidance on information passports, personal learning plans and the core entitlement for all pupils in Pupil Referral Units and other alternative provision.
- An ICO draft code of practice, Personal Information Online, which is intended to provide organisations with a practical approach to protecting individuals’ privacy online.
- Amending certain provisions of the Licensing Act 2003 to simplify procedures for licensing statements, interim authority notices and temporary event notices.