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.
Debt enforcement: local authorities considering bankruptcy in cases of council tax non-payment should note the Local Government Ombudsman’s report on an investigation into a complaint against Torbay Council. The council had proceeded with bankruptcy proceedings despite concerns being raised about the debtor’s mental health. The LGO criticised the council’s decision and recommended that it apologised to the debtor and paid him £25,000 in compensation.
Education (Wales): those advising Welsh authorities should note that the National Assembly for Wales has passed a measure that not only encourages collaboration between local authorities and governing bodies of maintained schools but gives local authorities the power to establish a federation of schools.
Employment: employment lawyers should be aware that the EAT held in Beddoes and others v Birmingham City Council that, for the purposes of the Equal Pay Act 1970, female school workers could compare their pay with that of men employed at other council establishments.
FOIA/Data Protection: information lawyers will be interested in:
- The Court of Appeal’s decision to test whether section 32(2) of FOIA, which provides an absolute exemption for information contained in documents held for the purposes of an inquiry, is compatible with the right to freedom of expression contained in Article 10 of the European Convention on Human Rights. The issue has been referred to the First-tier Tribunal (Information Rights) for determination.
- The code of practice that has been issued by the Information Commissioner’s Office for the sharing of personal information, which includes two data-sharing checklists.
Housing (Wales): Welsh housing authorities should be aware that the National Assembly for Wales has published a measure which allows a local housing authority, on application to the Welsh Ministers, to suspend the right to buy for the whole or part of their area.
Local government (Wales): the National Assembly for Wales has published the Local Government (Wales) Measure 2011. The measure, which is intended to strengthen local democracy, abolishes the mayor and council manager executive option by amending the Local Government Act 2000 and revises arrangements in the Local Government Act 1972 relating to the calling and organisation of community meetings and community polls.
Planning: local planning authority lawyers will be interested to:
- Read the amendments the government has made at report stage to the Localism Bill 2010-11. These are likely to be made given the government’s majority.
- Know that the Department for Communities and Local Government has published an information document explaining how the community infrastructure levy regulations work in practice.
Procurement: procurement officers should note the decision in Harry Yearsley Limited v The Secretary of State for Justice, which:
- Clarifies the position under the Public Contracts Regulations 2006 as to the commencement of proceedings, which is when the claim form is issued.
- Confirms that the fact that if one ground of claim is brought out of time this does not prevent the advancing of other claims that are made in time.
Social enterprises: those considering forming a co-operative enterprise such as a staff mutual should be aware that the a guide has been published dealing with the different stages of setting up a co-operative enterprise.