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 weeks actions are:
Academies Act 2010: anyone advising on the conversion of a maintained school to an Academy under the Academies Act 2010 should ensure that they check the Department for Education website as it is continually publishing new and revised supporting documents for use in this process. The latest additions include a new model memorandum of association and guidance on insurance and pensions issues. We will be publishing a maintained practice note on conversions under the Academies Act 2010 shortly.
Education provision for those not in school: the Local Government Ombudsman report about Gloucestershire Council is a reminder to all local education authorities to ensure their policies in respect of education provision to pupils not in school comply with their responsibilities under the Education Act 1996 and that they are adhered to.
FOIA/EIR: information lawyers should note three recent decisions:
- the decision of the First-tier Tribunal (Information Rights) in Surrey Heath Borough Council and another v The Information Commissioner highlights the importance of ensuring that the purpose of any investigation carried out by a public authority is made clear from the outset. In circumstances where it is being conducted by an employee such as a monitoring officer who will usually also give legal advice, the particular role that the officer is undertaking should be noted. A failure to do so may mean that the authority may not be able to claim that a report is subject to legal privilege and exempt from disclosure;
- the decision notice published by the Information Commissioner’s Office (ICO) in respect of Neath Port Talbot County Borough Council (NPT) provides an insight into the issues that the ICO will take into account when deciding if a public authority can refuse to disclose information because they intend to publish it at a future date. The warnings given by the ICO about the delays that NPT took in dealing with the request and subsequent investigation also highlight the need for public authorities to put systems in place to ensure that requests are dealt with within the required time limits; and
- the decision notice published by the ICO in respect of Chichester District Council highlights the high level of public interest that the ICO will place on allowing the public to see information that evidences how public authorities spend public money. This is of particular importance in respect of information requested under the Environmental Information Regulations 2004 (EIR) because all of the exceptions available under the EIR are subject to the public interest test.
Planning: lawyers advising local planning authorities should note the Court of Appeal decision in The Health and Safety Executive v Wolverhampton City Council and another, in which the court held that in determining whether it was expedient to make the revocation or modification order, the Council could take into account the amount of compensation payable.
Permitted development: planning lawyers should also note that the Department for Local Communities and Government (DCLG) has published new guidance on permitted development for householders.
CPD points: all practising solicitors in England and Wales must complete 16 hours of continuing professional development (CPD) a year. The summer period is the perfect time to gain your points ahead of the 31 October deadline for 2010. Were you aware that PLC can help you meet your CPD requirement? For further information, see the PLC Training and Events webpage.
Consultations: consultations have been published on:
- the future of the right to request time off work to train;
- reducing the time available for individuals to object to school reorganisation proposals in Wales; and
- the draft Town and Country Planning (Environmental Impact Assessment) Regulations 2010.