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.
Costs: lawyers involved in care proceedings under the Children Act 1989 should note the decision of the Supreme Court in Re T (Children) in which it held that fact finding hearings in care proceedings were not an exception to the general “no costs” rule.
Duty of care: the Court of Appeal has held that two NHS Trusts and the local authority which employed the social worker claimant owed her a duty of care to not expose her to danger after she was injured by a patient being treated at one of the NHS Trusts who had previously mentioned that he had had violent thoughts about the claimant (his daughter’s social worker).
Employment: employment practitioners may find the following decisions of interest:
- In Leach v The Office for Communications, the Court of Appeal upheld the EAT’s decision that a public regulatory authority was held to have fairly dismissed an employee “for some other substantial reason”, following an official police disclosure alleging that he had sexually abused children, and gave some general guidance for an employer who finds itself in a situation where a third party has disclosed information or made allegations about an employee. The guidance suggest that an employer should:
- assess for itself, so far as practicable, the reliability of the information;
- check the integrity of the informant body and the internal processing safeguards that the body has concerning the accuracy of the information supplied; and
- consider the likely effect of, and whether there is a pressing need for, disclosure.
- Anderson v London Fire & Emergency Planning Authority is a useful reminder of the importance of avoiding ambiguity when drafting contractual provisions given that the EAT held that a clause in a collective agreement, which contained two rates of pay increase meant that the employer was free to choose between the two rates, even though the union’s evidence was that this was not what was agreed at the time.
Public procurement: public procurement practitioners will be interested in:
- The High Court’s decision in Newcastle upon Tyne Hospital NHS Foundation Trust v Newcastle Primary Care Trust, granting an application by four NHS Trusts to lift the automatic suspension of their procurement process so that they could enter into a contract for medical screening services to be provided despite an ongoing challenge to their award decision by an unsuccessful bidder. It did so on the basis that damages would be an appropriate remedy for the claimant.
- The opinion of the AG in Econord Spa v Comune di Cagno and others, holding that a nominal shareholding together with non-substantive role in controlling a company owned by one or more other authorities, will not meet the “control” element of the Teckal test.
Property and planning: local planning officers will be interested in the following decisions in which:
- The Supreme Court confirmed that a local planning authority when considering whether to revoke or modify a planning permission can take into account compensation that it would consequently be liable to pay.
- The High Court rejected a council’s argument that an “isolated highway” should be added to its definitive map of public highways given that the route could only be accessed from private land over which the public had no right of way. This should be taken into consideration by anyone involved in structuring a proposed shared services relationship.
Safeguarding: officers responsible for vetting individuals who work with children will be interested in the Court of Appeal’s decision in Independent Safeguarding Authority v SB and another holding that the Upper Tribunal should not have interfered with the Independent Safeguarding Authority’s decision that it was appropriate for an individual, who had pleaded guilty to being in possession of indecent photographs of children, to remain on the Children’s Barred List. The decision clarifies that maintaining public confidence in the Barred List is an important factor in the balancing exercise between the interests of the public and those of an individual who has been convicted of serious offences.
Waste authorities: will be interested to know that amending regulations will come into force on 1 October 2012 that, from 1 January 2015, require every waste collection authority to make separate collections of waste paper, metal, plastic or glass.
Consultations: this week consultations were published on:
- Reform to the trade union facility time and facilities in the civil service.
- The technical aspects of business rates retention.
- Simplifying the process of applying for the stopping up and diversion of a highway.
- Changes to permitted development and use classes.
- Reform to consumer law on supply of goods, services and digital content.