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:
Remedies Directive: procurement lawyers should note that the Remedies Directive will come into force on 20 December 2009 and that the final implementing regulations have now been published. We will shortly be updating our practice note on the implementation of the Remedies Directive in the UK to reflect the provisions set out in the regulations.
LSCB serious case reviews:those advising local safeguarding children boards (LSCBs) should note the decision in Webster, which found the LSCB for Swindon was wrong to postpone and then limit the scope of a serious case review pending the outcome of a civil court action.
Environmental permitting regime: environmental lawyers should note the updated guidance on the environmental permitting regime published by the Department for Environment, Food and Rural Affairs (DEFRA).
Data security: two further primary care trusts have given undertakings to the Information Commissioner following the theft of desktop computers. With the Ministry of Justice (MoJ) consulting on the introduction of financial penalties for the reckless handling of personal data, the need for public authorities to check, and if necessary update, their data security processes is more important than ever. Our practice note and checklist on data security will assist public authorities in protecting against data loss and also advising on what action to take if data is lost.
Acts receive Royal Assent: several Bills received Royal Assent last week, these include the:
- Local Democracy, Economic Development and Construction Bill.
- Autism Bill.
- Apprenticeships, Skills, Children and Learning Bill.
- Policing and Crime Bill.
- Welfare Reform Bill.
- Marine and Coastal Access Bill.
- Health Bill.
Lawyers across the public sector should prepare themselves for the reforms these Acts will introduce.
NHS duty to report on consultation: those advising primary care trusts and strategic health authorities need to be aware of the guidance published by the Department of Health (DoH) on complying with their duties to publish reports on how they have consulted with the general public on the commissioning decisions they have taken.
Care home closure consultation: local authority lawyers should note the decision in Watts, which placed great emphasis on the importance of undertaking adequate assessments prior to moving any care home resident from a care home that is due to close.
Children’s services: those advising children’s services departments and NHS trusts should be aware of the guidance published by the DoH on dealing with children and young people affected by domestic violence.
TSA directions: housing lawyers should note the publication by the Department for Communities and Local Government (DCLG) of the summary of responses to its consultation on the directions it proposes to give to the Tenant Services Authority (TSA). The Government has also published its response to the consultation and the summary of responses, which sets out its final approach to the directions. The resulting new powers for the TSA will come into force on 1 April 2010.
Consultations: this week consultations were launched by:
- Department for Children, Schools and Families (DCSF) on a draft National Commissioning Framework, Children’s Trusts and draft guidance for schools on educating pupils about the dangers of drug, alcohol and tobacco misuse.
- DCLG on changes to the capital finance system.
- DEFRA on draft marine strategy regulations and the transposition of the Air Quality Directive.
- MoJ on maximum financial penalties for serious Data Protection Act 1998 breaches.
- Department for Transport on a draft national policy statement on ports.
If you wish to submit your views on any of the actions we have recommended, or would like to highlight any other issues that you feel need action by public sector lawyers, please feel free to submit a comment below.