PLC Public Sector reports:
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Challenges to public sector cuts: those advising a public body on the decision-making processes necessary when considering proposals to cut budgets should note two decisions published this week:
- Local government. The High Court held that Brent’s decision to close 50% of its libraries in order to make cost savings was not unlawful and it had undertaken a fair consultation process involving a detailed equality impact assessment and consideration of the provisions of section 149 of the Equality Act 2010.
- Housing benefit. The High Court also held that the Secretary of State had not acted ultra vires or in breach of his equality duties when capping the level of local housing allowance and reducing the largest dwelling that benefit can be claimed for from five to four bedrooms.
Schools’ duty of care: local education authorities will welcome the decision of the High Court in Woodland v Swimming Teachers’ Association and others refusing to extend the duty of care that a school owes to its pupils to a non delegable duty to secure that reasonable care is taken of them throughout the school day, irrespective of whether they are on school premises or under the supervision of school staff.
Discrimination: those advising public bodies, particularly those in the NHS, should take note of the issues raised in a report published by the Parliamentary and Health Service Ombudsman. The report deals with complaints about disability issues and how those with disabilities have been unfairly treated by public bodies.
Consultations: this week there were consultations published on:
- A White Paper published by the Welsh Government on school standards and organisation.
- Increasing employee pension contributions under the LGPS.
- Neighbourhood planning regulations.
- Reform of the Community Infrastructure Levy.
The Department for Culture, Media and Sport has also published its response to a consultation on advertising and trading regulations for the London 2012 Olympic Games.