PLC Public Sector reports:
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Spending Review 2010: it will not have escaped the attention of any lawyer working in the public sector that the government’s spending review has announced significant cuts in public spending. These will impact on all public sector organisations and while the full implications will not be known until the departmental budgets and local government settlements are allocated, the first casualties, and also indications of some of the policy changes that the cuts will lead to, are now available. PLC has analysed those policy developments which are likely to impact on public sector lawyers and will continue to track all of the relevant developments in the coming weeks.
Third sector: in the spending review the government highlights their aim of encouraging diversity in service provision and increasing the involvement of the third and community sectors. For those advising local authorities on working with the third sector to deliver public services, the government’s strategy on improving support for the third sector will be of interest.
Legal Privilege: public sector lawyers involved in engaging experts to provide legal advice, should note that the Court of Appeal has held that legal professional privilege will only protect such advice if it is provided by a member of the legal profession.
Statements of SEN: lawyers advising children’s services departments should note that the High Court has confirmed that a local authority’s duty to maintain a child’s statement of special educational needs does not continue once the child has reached the age of 19.
School admissions appeals: those advising on the establishing and running of independent appeals panels should learn from the catalogue of mistakes featured in the LGO’s report on Darwen Borough Council. Most importantly, clerks to panels should have adequate training and should ensure that the reasons for the panel’s decision are accurately recorded and clearly communicated to the appellant.
Summary dismissal of an employee: employment lawyers should note the Supreme Court decision in Gisda Cyf v Barratt, which highlights the importance of communicating in person a summary dismissal of an employee to avoid arguments over the effective date of termination.
Environmental offences: environmental lawyers should note the Environment Agency’s (EA) new enforcement policy and guidance and also the EA’s confirmation that it will start using civil sanctions from 4 January 2011 (the same date that the new guidance comes into force).
Equality Act 2010: those advising public bodies on their equality duties should note the draft code of practice on services, public functions and associations published by the Equality and Human Rights Commission under section 14 of the Act.
Homelessness: those advising local housing authorities on their duties under Part VII of the Housing Act 1996 should note that the High Court saw fit to make a declaration that Birmingham City Council’s treatment of three applicants for housing assistance was unlawful even though at the time of the hearing the applicant’s cases were academic. Birmingham had automatically referred the applicants to a third party support service rather than making the appropriate enquiries.
Social housing: housing lawyers will be interested in the government’s review of social housing regulation published on 18 October 2010.
Public procurement: public procurement lawyers should note:
- The judgment of the High Court finding that the Legal Services Commission’s tender process for the award of family law contracts was unlawful. The decision highlights the need to ensure evaluation criteria are clear and also disclosed to bidders.
- The European Ombudsman’s decision highlighting the importance of using the CPV code system accurately.
- The publication by the Department for Business, Innovation and Skills of a new standard pre-qualification questionnaire to be used in public procurement exercises for construction contracts.
Consultations: this week consultations were launched on:
- The consumer credit market and personal insolvency procedures.
- Environment Agency guidance on spreading waste on land.
- London’s climate change mitigation and energy strategy.
- The information implications of the government’s strategy for the NHS.
- Giving NHS patients greater control over their care.
- Permitted development rights in schools.