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.
Employment: employment lawyers should be aware that a case (United States of America v Nolan) has been referred to the ECJ for clarification about the scope of employers’ consultation obligations under the Collective Redundancies Directive. This will be of interest to those dealing with collective redundancy situations and having to advise whether consultation should be undertaken prior to or after a decision that could foreseeably lead to collective redundancies.
Vetting and Barring Scheme: those involved in referring individuals to the Independent Safeguarding Authority (ISA) which administers the scheme should be aware that following the High Court decision in R(Royal College of Nursing and Others) v Secretary of the Home Department and another denying an individual the right to make representations in advance of being included on the children’s or adults’ barred lists under the Safeguarding Vulnerable Groups Act 2006 amounts to a breach of Article 6 of the European Convention on Human Rights. The Act currently provides for automatic inclusion on the lists for certain offences.
Equality Act 2010: those advising public bodies should be aware that the government has scrapped the socio-economic duty set out in section 1 of the Equality Act 2010. Section 1 would have placed a duty on certain public bodies, when making decisions of a strategic nature about how to exercise their functions, to have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome, which result from socio-economic disadvantage.
Data protection and FOI: information lawyers should:
- Remind clients of the importance of complying with the Data Protection Act 1998 when putting in place measure to comply with the government’s push for transparency, after the ICO took enforcement action against the IPSA and New Forest District Council for unlawfully publishing the personal data.
- Note that following the decision in Bousfield v Information Commissioner, a hospital trust is not required to disclose a doctor’s details in a settlement agreement as this is personal information and therefore exempt from disclosure under section 40(2) of the Freedom of Information Act 2000 (FOIA).
- Be aware of the decision in Public and Commercial Services Union v Information Commissioner which held that information relating to pay negotiation meetings concerning National Offender Management Service staff was exempt information under section 36 of FOIA and that the public interest in maintaining the exemption outweighed its disclosure even four years later as the document would still have relevance to future pay negotiations.
Planning: Planning officers:
- Should be aware that the government has published Circular 08/2010 on changes to planning regulations for dwelling houses and houses in multiple occupation. The Circular sets out changes to planning legislation and replaces Circular 05/10 of the same name and paragraphs 66-77 of Circular 03/2005: Change of use of buildings and land.
- Still confused about the impact of the Cala Homes decision should be aware that the Planning Inspectorate has published advice for those handling case work covered by regional strategies following the government’s insistence that it will abolish regional strategies. Taking note of the guidance, which makes it clear that regional strategies remain part of the development plan until they are revoked, could prevent planning authorities potentially facing legal action if they chose to disregard any applicable regional strategy.
Local Housing Allowance: housing officers should note that the Local Government Ombudsman has found the London Borough of Newham guilty of maladministration causing injustice after it gave the complainant incorrect information relating to her local housing allowance entitlement. This decision should act as a reminder to local authorities to ensure that those in their housing departments check the correct LHA rates on the Valuation Office Agency’s website and the location of properties before giving advice.
Public procurement: public procurement lawyers should note the OGC’s policy note setting out the government’s intention to reform the way goods and services are procured to make it easier for small business to win contracts, measures include moving to a standardised pre-qualification questionnaire for central government before the end of 2010.
Consultations: this week there were consultations launched on:
- The proposed Cabinet Office information strategy.
- Jackson LJ’s proposals for reform of civil litigation costs.
- Reform of the legal aid system to scale back availability.
- Governance arrangements for the National Parks and the Broads.
- The government’s vision for adult social care and the framework for its implementation.
- The proposals for the introduction of the New Homes Bonus.
- The proposals for allocating decent homes backlog capital funding for council and landlords between 2011-2015.
- Proposed changes to planning application fees.