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.
This week’s actions are:
Purdah: the general election is likely to be announced on 6 April 2010. All public sector lawyers advising decision-makers in central government (and local government if local elections are also being held) must be aware of the effect of Purdah on decision-making after this date. Our new practice note provides a guide to all the issues.
Education, negligence and personal injury: lawyers advising public authorities about how they exercise their public law duties should note the decision of the Court of Appeal in Connor v Surrey County Council. If an authority is negligent in the way that it carries out those public law duties, it could be exposed to a personal injury claim. While it will be rare for such a claim to be successful, in this instance the local authority was liable for the stress caused to a headteacher by the aggressive actions of members of the school’s governing body by failing to exercise its right to replace the governing body.
Charging for property searches: two decisions published this week provide two different results for local authorities wishing to charge for property search information. While, in Onesearch Direct, the court held that a local authority did not need to provide access to raw data free of charge, the tribunal decision in York Place, reinforced the Information Commissioner’s view that this information must be made available for inspection under the Environmental Information Regulations 2004 (SI 2004/3391). Senior decision-makers at local authorities should be advised that charging policies need to be reviewed in light of both of these decisions.
Public procurement: procurement lawyers should note and forward to the appropriate procurement managers/officers:
- The latest Office of Government Commerce guidance on the mandatory exclusion of suppliers due to convictions for certain offences.
- The revised HM Treasury guidance on public/private joint ventures.
Planning: planning lawyers should be aware of:
- The latest guidance published on the information requirements and validation of planning applications.
- The recent use of the Proceeds of Crime Act 2002 by the London Borough of Hounslow as a tool for planning enforcement.
Licensing: local authority licensing teams should be notified that on 6 April 2010 a new regime for the licensing of lap dancing venues will come into force.
CRC: anyone advising on or interested in the CRC Energy Efficiency Scheme (CRC) should take the opportunity to view our webcast which has been designed to assist local authorities and other public sector organisations to train their teams and clients about the basics of the CRC.
Anti-social behaviour: local authority anti-social behaviour teams should notified of the new guidance published by the Department for Communities and Local Government on managing anti-social behaviour associated with Gypsies and Travellers.
Serious case reviews: anyone advising Local Children Safeguarding Boards should ensure they are aware of the new template for Serious Case Review executive summaries published by the Department for Children, Schools and Families.
Health protection: local authority lawyers should note the new health protection regime that will come into force on 6 April 2010, in case they are called upon to advise on local authority powers to deal with virus outbreaks, such as swine flu.
Housing: housing lawyers should be aware of the decision in Craighead v Homes for Islington, which held that the replacement of single-glazed windows with double-glazed windows was a repair and not an improvement. This will impact on what costs can be recovered through a service charge.
Consultations: this week three consultations were launched on: