PLC Public Sector reports:
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2013 Budget: all those in the public sector will be interested in the 2013 Budget and its implications for the public sector, including the plans for increased capital spending on major infrastructure projects. The Finance Bill 2013, which follows the Budget, is due to be published on 28 March 2013.
Central government: those in central government may be interested in the announcement that a new Cyber Crime Reduction Partnership is to be established.
Civil litigation: litigation lawyers should note that the Court of Appeal has quashed a decision of the Upper Tribunal, holding that it should not have interfered with the Independent Safeguarding Authority’s decision that it was appropriate for the respondent to be included on both the Adults’ and Children’s Barred Lists following his serious attack on a pupil (Disclosure and Barring Service v Harvey).
Commercial: those involved in commercial transactions may be interested in the BIS user guide on the main changes brought about by the Late Payment of Commercial Debts Regulations 2013.
Education and children’s services: children’s officers should note the:
- High Court’s declaration that a local authority’s fostering policies were unlawful and discriminatory as they generally led to family foster carers being paid less than foster carers who were unrelated to the child (R (X) v London Borough of Tower Hamlets).
- Department for Education’s updated guidance on securing sufficient accommodation for looked after children.
Employment: employment lawyers should be aware of the judgments in which the:
- Court of Appeal upheld the EAT’s decision that the dismissal of two social workers involved in the Baby P case was fair (Christou v London Borough of Haringey).
- EAT held that an LLP can be an “associated employer” for equal pay purposes (Fox Cross Claimants v Glasgow City Council).
- EAT ruled that a German employee who was married to a member of the British armed forces posted in Germany was not entitled to bring an unfair dismissal claim under section 94(1) of the Employment Rights Act 1996 (Rogers v Deputy Commander).
Employment lawyers should also note the proposals for reform of employment law and the Employment Tribunal rules.
Environment: environmental lawyers should note the:
- Government’s updates to the environmental permitting guidance, to take into account the Industrial Emissions Directive.
- Sentencing Council’s consultation on a sentencing guideline for environmental offences.
- Call for evidence on the waste prevention programme.
- Welsh Government’s policy and guidance on climate change adaptation.
EU: the following EU developments may be of interest to public sector lawyers:
- Council Regulation 216/2013/EU, which makes only the electronic version of the Official Journal authentic and have legal effect, and will come into force on 1 July 2013.
- The European Commission’s report on the suitability of International Public Sector Accounting Standards for member states and the European Parliament’s adoption of an updated European System of Accounts.
Housing: housing officers should look at the High Court’s rejection of a complainant’s argument that the council obtained a notice to quit by using undue influence or unconscionable behaviour (Birmingham City Council v Beech).
Human Rights: human rights lawyers should note the decisions that the Article 8 ECHR right to a private life was breached by:
- Police records containing personal data (R (Catt) v Association of Chief Police Officers).
- The disclosure of unfounded ill-treatment allegations in an enhanced criminal records certificate (R (A) v The Chief Constable of Kent Constabulary).
Local government: local government lawyers should be aware of the following developments:
- The Communities Secretary’s letter on councillors and lobbying.
- The Communities Secretary’s new written Ministerial guidance, calling for an end to the unnecessary translation of documents issued by local authorities.
- The Department for Transport’s guidance on multi-operator bus ticketing services.
Property and planning: property lawyers may be interested in the DCLG’s response to the November 2012 consultation on expanding the “one-stop shop” approach to obtaining non-planning consents for nationally significant infrastructure projects (NSIPs) under the Planning Act 2008.
Public procurement: procurement officers should note the establishment of a:
- Single Supplier Registration platform for suppliers to compete for public sector contracts.
- National Procurement Service for Wales.
Regulation and enforcement: enforcement officers should be aware of the:
- Court of Appeal’s ruling that parking penalties represented damages and not payments for services that would have been liable to VAT (Vehicle Control Services Limited v HMRC).
- Local Government Ombudsman’s ruling that a local council must review the way its bailiffs operate, following her investigation into the wrongful clamping of a car.