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:
Civil litigation: litigators dealing with vexatious litigants who are subject to a civil proceedings order will be interested in the Court of Appeal decision in Ewing confirming that proposed proceedings for judicial review in a criminal matter by a vexatious litigant are civil proceedings and therefore require the leave of the court before they can be commenced.
Decision-making: those advising housing officers should alert them to the decision in Barber v London Borough of Croydon and remind them that, in order to defeat any subsequent challenge of their decision, it is important to have regard to their policies on anti-social behaviour under section 218 of the Housing Act 1996 and ensure that any decision is not taken in breach of that policy as well as ensuring that proper procedures are in place for dealing with such behaviour from tenants.
Education and children’s services: lawyers specialising in education and children’s services should be aware that a draft order has been published which when it comes into force will repeal existing definitions of “local education authority” and ‘children’s services authority” and replace them with a single term “local authority”.
Employment: HR officers will be interested to hear of the Court of Appeal decision in Muschett v HM Prison Service that temporary agency workers (who are not employed by the agency they work for or the agency’s client) have no protection at all under discrimination legislation.
Local Government Ombudsman: local authority officers responsible for pursuing non-payment of council tax and considering making debtors bankrupt should take note of the LGO’s report findings on Thurrock Council and Brighton & Hove in which:
- Thurrock Council was criticised for not scrutinising its policies and not monitoring the private company which it used to administer the Council’s instalment payment scheme
- Brighton & Hove’s bankruptcy policy was found to be flawed since there was no requirement on the Council’s recovery officers to check a debtor’s vulnerability with its Adult Social Care team.
Planning: following the Government’s response on arrangements for the regulation of lap dancing clubs, those advising planning authorities should be aware that if they adopt the new regulation powers, existing and new lap dancing clubs in their area can be required from 6 April 2010 to apply for a new licence.
Consultations: this week there were four consultations on:
- The notifications Ofsted must send to local authorities when taking action against a children’s social care provider.
- Draft regulations promoting good behaviour and discipline in schools.
- A draft code of practice on assessment notices issued by the Information Commissioner’s Office.
- Investment in the UK private rented sector.