PLC Public Sector reports:
The Information Commissioner headlines this week’s actions, with guidance stating that the majority of property search information is environmental information causing a stir, and a further warning issued following more public sector lapses in data security.
Other items include local authority responsibility for paying school fees and numerous consultations published in advance of the Parliamentary recess.
This week’s recommended actions are:
Charging for property search information: all local authorities that provide and charge for property search information should note new guidance from the Information Commissioner that most of this information is environmental. This means it should be dealt with under the Environmental Information Regulations 2004, not the Local Authorities (Charges for Property Searches) Regulations 2008. Case law suggests that local authorities must allow members of the public to inspect such documents free of charge; if they wish to make a copy, charges should be limited to the actual photocopying charges. Local authorities need to support the LGA in lobbying the Government to provide coherent guidance on what information falls within each charging regime.
Local authority responsibility for private school fees: local authorities asked to pay school fees for children with special educational needs should look at the decision of the court in TW v Kent County Council, in the event that there is a dispute about the choice of school and therefore who should pay the fees.
Data security: with the ICO again issuing a warning to all NHS bodies following data security lapses at 5 more NHS trusts, it is important that all public authorities continue to improve on their data security practices. Our practice note will assist in setting out the obligations and good practice.
Overview and Scrutiny Committees: district councils in two-tier areas should note that new regulations come into force on 12 August 2009 giving wider powers to overview and scrutiny committees to scrutinise local area agreements.
Consultation requirements: local authorities considering putting parking controls in place should note the LGO’s report on Ealing. Ealing’s consultation on putting in place controlled parking zones was found to be deficient because it did not alert recipients to the potential for displacement parking when a zone was established.
Managing gypsy and traveller sites: local authorities and registered social landlords should note that new guidance has been published on all aspects of managing gypsy and traveller sites.
Emergency works: local authorities proposing to use the emergency powers in the New Roads and Streetworks Act 1991 to remove dangerous equipment owned by service providers should note the decision in Infolines v Nottingham City Council. Here the court held that the council needed to give the service provider the opportunity to reclaim the equipment before it was disposed of.
Consultations: there was a rush to beat the Parliamentary recess this week with numerous consultations being published. These included consultations on revised guidance for eligibility for social care, a draft policy for protected landscapes, the reform of council housing finance, proposed directions to the Tenant Services Authority, strengthening local democracy, bus quality contract schemes and business rates.
If you wish to submit your views on any of the actions we have recommended, or would like to highlight any other issues that you feel need action by public sector lawyers, please feel free to submit a comment below.