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.
Academies: those advising schools wishing to convert to Academy status under the Academies Act 2010 should note that the Department for Education has published a model form of Schedule 2 to the memorandum and articles of association for converting schools. Schedule 2 to the memorandum of association sets out the name of the Academy trust and the details of the three subscribers who will form the trust and become its members under the Companies Act 2006.
School transport: those responsible for making decisions on eligibility for school transport should consider a decision by the Local Government Ombudsman (LGO) finding Surrey County Council guilty of maladministration causing injustice after it failed to properly consider a child’s disability and his family’s circumstances before refusing to provide home to school transport for him. Surrey County Council had stated that it would not take exceptional circumstances into account when making a decision concerning home to school transport eligibility, this position was criticised by the LGO and it recommended paying compensation to the complainant and making procedural changes to prevent the situation recurring.
Employment: employment lawyers should be aware that the Chartered Institute of Personnel and Development has published a new guide, Work-related stress: what the law says, highlighting employers’ legal obligations in identifying and managing stress at work. The guide discusses the potential legal ramifications of ignoring these responsibilities, and advises on tackling stress through good management.
Equality Act 2010: this week there are two recommended actions in relation to the Equality Act 2010:
- Those responsible for ensuring compliance with the public sector equality duties should note that the Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 has been made. The Order amends existing provisions relating to the public sector equality duties in the Sex Discrimination Act 1975, Race Relations Act 1976 and the Disability Discrimination Act 1995, so that these sections refer to the relevant sections on discrimination in the Equality Act 2010 (sections 14-16).
- Those advising licensing authorities should also be aware that the Department for Transport has published guidance notes on how sections of the Equality Act 2010 will apply in relation to taxis and private hire vehicles.
FOIA: Information lawyers should note two recent decisions made by the Information Commissioner (IC) and the First-tier Tribunal (Information Rights):
- In decision notice FS50262907 (City of London Police), the IC found that, following a request for information relating to the total remuneration package of the Chief Constable, details of the bonus and honorarium payments made to the Chief Officer in 2007 and 2008 should be disclosed to the complainant despite a confidentiality clause in the Chief Officer’s contract.
- In Department for Works and Pensions v Information Commissioner (EA/2010/0073), the First-tier Tribunal (Information Rights) ordered that a majority of the information requested relating to the procurement of the Government Gateway should be disclosed in order to allow public scrutiny of the publicly procured contract. However, information relating to the suppliers’ financial model did not have to be disclosed under section 43(2) of FOIA because it contained commercially sensitive information.
Consultations: this week consultations and responses to consultations have been published on:
- Carbon capture and storage and anaerobic digestion under the environmental permitting regime.
- Landfill targets and restrictions on landfills (response).
- Performance of the public sector equality duties under the Equality Act 2010 in Wales.
- NHS car parking charges for inpatients (response).
- Proposals for councils to have a system of self-regulation and improvement.
- Reimbursement arrangements for the concessionary bus travel scheme in England.
The Department for Education has also launched a review on vocational education for 14 to 19 year olds.