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.
New draft legislation: the government has published the Health and Social Care Bill setting out its proposals for reform of the NHS. While it has received less attention than the Localism Bill (which had its second reading this week), those working for local authorities need to be aware of the proposals in the Bill as they will pass new powers and responsibilities to local authorities. The Bill will also have significant implications for partnership working and joint commissioning by local government and the NHS. PLC Public Sector is tracking both the Localism Bill and the Health and Social Care Bill and will report on developments as they occur.
Equality Act 2010 and the public sector equality duty: those advising local authorities should be aware that draft regulations and guidance have been published on the public sector equality duty setting out what public bodies will need to do in order to ensure compliance. Those responsible for drawing up equality objectives and drafting policies ensuring that “sufficient information” is published on the effect the public authority’s policies and practices have on those sharing a relevant protected characteristic should read and take note of the draft regulations and guidance published as the government confirmed on 12 January 2011 that the public sector equality duty will come into force on 6 April 2011. The Government Equalities Office has also published non-statutory guidance on positive action in recruitment and promotion under section 159 of the Act.
CRB checks and negligence: public authorities requiring CRB checks should note the decision in Desmond with relief following the Court of Appeal’s decision that the police do not owe a duty of care to an individual who is the subject of an enhanced Criminal Records Bureau certificate. However, the Court also held that there were other courses of action open to the claimant, including under the Data Protection Act 1998 and Article 8 of the European Convention on Human Rights.
Employment: employment lawyers will be interested in:
- The approach taken by the EAT in relation to allegations of bad faith made against a claimant in a whistleblowing case.
- The Court of Session’s finding that the EAT had applied the wrong test to determine what constitutes a comparator in an equal pay case.
- The government’s confirmation that the default retirement age will be passed out between 6 April and 1 October 2011. Acas has provide guidance and PLC Employment has published a practice note on the issue.
Freedom of information: information lawyers should note that the Information Commissioner’s Office has published tips for communications professionals working for public authorities.
Public procurement: public procurement lawyers should note that the Office of Government Commerce has confirmed the European Commission’s relaxation of the rules on using the accelerated restricted procedure will remain in place throughout 2011.
Waste: those advising waste planning authorities should note that the government has written to all such authorities urging them to publish waste plans that comply with the Waste Framework Directive as soon as possible if they have not already done so.
Safeguarding children: those involved with safeguarding children in Wales, particularly those advising Local Safeguarding Children’s Boards, should note that the Welsh Assembly Government has published guidance on safeguarding children and young people from sexual exploitation. The Welsh Deputy Minister has commissioned a review within six months of the publication of the guidance to see how it is being applied by the Local Safeguarding Children Boards.
Consultations: this week saw consultations launched on: