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.
Education: local education authorities in Wales should note that the School Information (Wales) Regulations 2011, which prescribe the school information that local authorities must publish, come into force on 1 September 2011.
Environmental impact assessments: local planning authority staff should be aware that the Environment Agency has published scoping guidelines that will assist them in their promotion and appraisal of proposed carbon capture and storage projects.
FOIA: information officers dealing with vexatious and repeated requests under section 14 of the Freedom of Information Act 2000 should familiarise themselves with the decisions of the First-tier Tribunal (Information Rights) in Duke v Information Commissioner and Gardner v Information Commissioner, which demonstrate the importance of the context and history of such requests if a public authority is to succeed before a tribunal.
Housing: local authority housing officers should be aware that:
- The Department for Communities and Local Government (DCLG) has updated its earlier consultation and is now seeking views on including additional provisions in Ground 2 of Schedule 2 to the Housing Act 1985 and Housing Act 1988 so that serious anti-social behaviour and criminality beyond the immediate neighbourhood of the property can be taken into account.
- Registered providers of social housing can apply for Renewable Heat Premium payments of up to around £175,000 to be spent on heating equipment, including solar hot water panels and heat pumps, for social housing tenants. The deadline for such bids is 15 September 2011.
Local government: local government officers should be aware that technical papers have been published, which provide more details on the government’s proposals to allow local authorities to retain a share of the business rates charged in their area.
Pensions: when taking a decision on an employee’s early retirement on the grounds of ill-health, local authorities should note that, if the application is supported by unclear medical evidence, they must seek further medical clarification rather than misinterpret the evidence that has been provided.
Planning: local authority planning officers, with responsibility for controlling outdoor advertisements and signs, should familiarise themselves with the guide that has been published by the DCLG.