PLC Public Sector reports:
This week’s actions include items relevant for those advising on FOIA, data protection, procurement, special educational needs and civil litigation.
This week’s recommended actions are:
SEN: local authorities should research the resources required for any proposed educational provision and any possible difficulties in obtaining them prior to issuing a statement of SEN to ensure that (1) they can deliver the requirements set out in a child’s statement of SEN, or (2) that they can demonstrate to the SENDIST tribunal why the provision cannot be made (where a statement has been appealed). The LGO’s finding against Redbridge makes it clear that once a statement is issued, it is not a satisfactory excuse to say that it has not been possible to find the staff to carry out the required action(s).
FOIA: in light of the ICO issuing a practice recommendation to the MOD, public authorities should review their policies for carrying out internal reviews under FOIA. They should ensure that they meet the ICO’s target of a response in 20 working days, with a maximum response time of 40 working days.
Data security: The ICO’s enforcement action against East Cheshire NHS Trust provides a reminder that any public authority contracting with a third party supplier that will have access to personal data must ensure a written contract is in place prior to any work commencing. The contract must comply with the requirements set out in paragraphs 11 and 12 of part II of schedule 1 of the Data Protection Act 1998. If this is not done, the ICO may take action.
Consent to medical examination and treatment:the DoH has issued a revised version of its guidance on the law relating to consent to examination or treatment. Those advising in relation to the provision of social as well as health care should review the updated guidance which takes account of recent developments such as the Mental Capacity Act 2005.
Voluntary-aided schools and VAT recovery: local authorities should note that from 1 September 2009, they will no longer able to recover input tax on expenditure on capital works they finance at voluntary-aided schools where the statutory responsibility for those works rests with the governors of the school. Where any works are the statutory responsibility of the local authority, the authority will continue to be able to recover the input tax.
Planning appeal costs awards: planning lawyers should note the guide issued by the DCLG and the Planning Inspectorate about when a costs award may be made in respect of a planning appeal.
Supply2.gov.uk: Procurement lawyers should note that the Government has dropped the £180 registration fee for the supply2.gov.uk website for small businesses. This means that publishing contract opportunities on the website is likely to provide access to a wider audience.
Consultations: this week saw consultations launched in respect of the energy performance of buildings directive, eco-towns, streamlining the planning process and the prevention and control of infections.
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.