This week’s actions are:
June 2010 Budget: following the June 2010 Budget announcement on 23 June 2010, local authorities should be aware that the government has invited comments from public sector workers and members of the public on their ideas for reducing spending while protecting the quality of public sector services. For more information, see Legal update, June 2010 Budget: implications for the public sector.
For PLC’s specialist coverage of the Budget announcement, see our post-election coverage.
ContactPoint: Those using the ContactPoint database should be made aware of the Department for Education’s letter on the interim arrangements for its use while it is being scaled down before being abolished completely and that the government will meet grant payments until the end of June.
Contaminated land: the Environment Agency has published guidance on managing contaminated land. These documents will be of relevance to:
- Those who have caused contamination.
- Owners of contaminated land.
- Developers of contaminated land.
- Advisors of, and consultants to, any of the above.
FOIA: Even though the Tribunal confirmed in Thomas Wilson v Information Commissioner that nothing in any provision of FOIA prevents an authority from relying on one or more of the exemptions in Part II of FOIA to information contained in its publication scheme, public authorities should ensure that their publication scheme makes it clear any specified class of information may still be withheld from disclosure if it falls within a permitted legal exemption.
Nuisance: local authority lawyers should note the decision in Lambert and others v Barratt Homes Ltd and another, where the Court of Appeal ruled that it was not reasonable for a local authority to carry out and pay for substantial works to abate a nuisance on its land caused by a neighbouring owner. The decision may mean that a local authority will be able to discharge its duty to co-operate and give assistance but not have to carry out and pay for any remedial works to remedy the nuisance.
Planning: planning lawyers should be aware that the Law Society has published the second edition of its model section 106 agreement. This document will be of use when negotiating planning obligations with a developer.
Procurement and projects: the National Audit Office and HM Treasury have published a model document on managing complex capital investment programmes using private finance. The document will be of use to those involved in PPP and PFI initiatives.
Maladministration: local authorities considering modifying or abolishing services to the public should note a recent decision by the Local Government Ombudsman criticising Eastleigh Council for failing to carry out an Equality Impact Assessment or consult those likely to be affected by the abolition of its travel token scheme. The decision is a timely reminder that local authorities should ensure that their decisions are taken with due regard for their statutory responsibilities and that they carry out a full and transparent consultation with all relevant parties before making a decision.
Consultations: This week there were two consultations on:
- Children’s rights undertaken by the European Commission.
- The equality forms and guidance provided by the Government Equalities Office.