PLC Public Sector reports:
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Civil litigation: local authority litigators will find the Law Society’s practice note on the issues to be considered when dealing with such litigants helpful.
Data protection: information lawyers should note the recommendations made by the European Data Protection Supervisor in relation to concerns over the re-use of public sector information provisions of the European Commission’s Open Data Strategy package.
Education: Education lawyers should be aware that the following statutory instruments have been made:
- The School Governance (Federations) (England) Regulations 2012. These Regulations set out when a federation of schools can be established and dissolved and the procedure for doing so. They come into force on 1 September 2012.
- The School Governance (Constitution) (England) Regulations 2012. These Regulations set out the constitution of governing bodies of maintained schools and include the procedure for school governors appointment and removal. They also come into force on 1 September 2012.
- The Education Act 2011 (Commencement No. 4 and Transitional and Savings Provisions) Order 2012. This Order brings further provisions of the Education Act 2011 into force relating to the repeal of the Local Government Ombudsman’s power to investigate complaints from parents and pupils about maintained schools (comes into force on 1 August 2012) and exclusions from maintained schools, Academies and Pupil Referral Units and governing bodies (comes into force on 1 September 2012).
Employment: employment lawyers should be aware that the EAT, in Ajayi and another v Aitch Care Homes (London) Ltd, upheld a tribunal’s decision that two care home night support employees, who were dismissed for being asleep on duty, were not automatically unfairly dismissed under section 101A of the Employment Rights Act 1996. Although the employees had not been granted rest breaks under regulation 12 of the Working Time Regulations 1998, the employees had not “refused” either to comply with a requirement that was imposed in contravention of the Working Time Regulations or to forego a right under the regulations. For the purposes of section 101A, a “refusal” must be explicit and cannot be implied by an employee’s conduct.
Environment: environmental health officers in Wales should be aware that the revised statutory guidance on the contaminated land regime published by the Welsh Government is now in force.
Equality duty: anyone advising a public authority on cuts in spending should note the High Court decision in R (Williams and others) v Surrey County Council holding that the council had failed to fulfil its public sector equality duty when taking a decision to operate ten of its libraries via a community partnership model. The officers preparing the report for cabinet members failed to recognise that, as the consultation exercise had thrown up equality issues concerning the negative impacts for elderly and disabled users of staffing libraries with an ever-changing rota of volunteers, the report to members should have included more information on the training requirements of volunteers to address this equality issue than a bland assertion that training would be required and monitored. The decision is a timely reminder that a report to members must include details of the relevant considerations that those taking the decision must have in mind. If, as here, the public sector equality duty is engaged, the report must draw the duty to the attention of the decision-makers and include a proper assessment of the equality issues.
Health: those involved in the implementation of the UK Influenza Pandemic Preparedness Strategy 2011 should be aware that the Department of Health has published operational guidance for health and social care workers on its implementation.
Human rights: human rights lawyers should note that the government has agreed a series of reforms to the European Convention on Human Rights, which involve reforming the European Court of Human Rights to ensure that only the most serious questions about the interpretation or application of the Convention come before the Court.
Planning: planning lawyers should be aware that the Department for Communities and Local Government has:
- Published the Planning and Compulsory Purchase Act 2004 (Commencement No. 13) Order 2012 , which brings into force on 30 April 2012 section 40 and Schedule 1 (relating to Local Development Orders) and section 41 (relating to incomplete development) of the Planning and Compulsory Purchase Act 2004. However, the order applies in Wales only.
- Announced that planning casework relating to compulsory purchase and land disposal work, that was previously dealt with by regional officers, will be transferred to the National Planning Casework Unit.
Procurement: public procurement lawyers may be interested in the European Commission’s new e-procurement strategy.
Consultations: this week consultations have been published on: