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:
Fines for data protection breaches: all public authorities should be aware that following the introduction of secondary legislation, the Information Commissioner’s Office will have the power to impose financial penalties of up to £500,000 for serious breaches of the Data Protection Act 1998 (DPA) from 6 April 2010. This will be of particular interest to authorities such as Lancashire County Council who recently signed an undertaking to observe the principles set out in the DPA following the sale of filing cabinets to a member of the public that still contained social work files. Data security policies must be reviewed, revised and then enforced.
Looked after children with SEN: those advising children’s services departments should note the new guidance published by the Department for Children Schools and Families (DCSF) on looked after children with special educational needs placed out-of-authority.
Welsh schools causing concern: education lawyers in Wales should note that a commencement order brought section 205 and schedule 14 of the Apprenticeships, Skills, Children and Learning Act 2009 into force in Wales on 12 January 2010. These provisions allow the intervention of a local authority at a school causing concern before it is placed on special measures.
DDA: long term impairment: employment lawyers will be interested in the decision in Patel v Oldham Metropolitan Council and the Governing Body of Rushcroft Primary School, in which the EAT accepted that two consecutive impairments could be aggregated to determine whether a person’s impairment meets the 12 month threshold under the Disability Discrimination Act 1995.
Health Act 2009: advisers in the health sector should note that:
- a commencement order has been published bringing into force parts of the Health Act 2009 on 7 January 2010. Of particular interest are the commencement of:
(i) sections 1 to 7, which require NHS organisations to have regard to the NHS Constitution; and
(ii) sections 11 to 13 and Schedule 1, which relate to direct payments; and
- new standard NHS contracts have been published.
Heath protection regulations: those advising health bodies and local authorities will be interested in the Government’s response to its consultation on new health protection regulations and the publication of two sets of draft regulations that are intended to come into force on 6 April 2010.
Consultations: this week saw consultations launched on:
- pupil consultation;
- the DCSF’s vision for the role of School Improvement Partners;
- the transposition of the Air Quality Directive in Wales; and
- clarifying the definition of “entertainment facilities” in the Licensing Act 2003.