PLC Public Sector reports:
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Judicial review: all those advising public bodies will be interested in the decision in R(Macrae) v County of Herefordshire District Council, which confirmed that the promptness test under CPR 54.5(1) remains valid for judicial review claims that do not involve the enforcement of an EU Directive.
School admissions: those advising on school admissions and appeals processes will be interested in our detailed update on the changes that will be brought into force for the 2013-14 school year.
Equal pay: the decision in City of Edinburgh Council v Wilkinson and others on when an employee is employed at the same establishment or on common terms as a comparator will be of interest to those involved in equal pay claims.
FOIA: information lawyers should note that the Information Commissioner has published a form to record the qualified person’s opinion under section 36.
Equality duty: anyone advising a public authority on cuts in spending should note the High Court decision finding that both Gloucestershire and Somerset County Councils had failed to fulfil their public sector equality duties when taking decisions to cut funding for library services. Both councils had carried out equality impact assessments but they were not substantive enough and therefore flawed. Decision-makers should be advised of their equality duties and told that the duties cannot be fulfilled in a superficial manner.
Public procurement: public procurement lawyers will be interested in the Cabinet Office’s announcement that the government will be taking a new strategic approach to public procurement. Much of the detail is still to be announced but we understand that there will be an emphasis on soft market testing with a view to reducing procurement timescales and cost.
Children’s services: those involved in administering statements of special educational needs should be aware of a recent Court of Appeal decision on when the duty to maintain a statement ceases. The court held that Essex County Council was not required to maintain a statement for the respondent’s daughter who was over the age of 19, as it could not be said that she remained a “child” for the purposes of the Education Act 1996.
Health: those involved in the transfer of public health commissioning from PCTs to local authorities should note that the Department of Health has published a public health human resources concordat setting out how the transfer should be managed.
Housing: housing lawyers should be aware of the following developments this week:
- The government has published its housing strategy.
- The DCLG has published a summary of responses to it consultation on implementing social housing reform and also final directions to the Social Housing Regulator.
Consultations: this week consultations were launched on:
- Judicial appointments and diversity.
- Updating the Environment Agency’s Pollution Prevention Guidance 1: Introducing pollution prevention.
- Data sharing for welfare and social security purposes.
- A mandatory power of possession for anti-social behaviour in Wales.
- Pay accountability guidance under the Localism Act 2011.