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:
The Queen’s Speech: the Queen’s Speech followed shortly after the new government had published its final coalition agreement and detailed the legislation that the government intends to implement in the period up until autumn 2011. There were numerous items of interest for local government lawyers, top of the list being the drive to turn local authority controlled schools into academies and proposals to devolve more power to local government (including giving local authorities a power of general competence). Proposals to make public procurement more transparent have also been announced with local authorities likely to be required to publish details of all spending over £500, along with details of all of the contracts they enter into.
So what can local authority lawyers do? At present this is a legislative programme and there have not been any actual changes to the law. The most important thing is to be prepared:
- Make sure you are aware of what changes are likely to be coming by reading our updates on the various developments; and
- If you have an interest in, or are concerned about, a specific area of law make use of our materials (for example, our overview of Academies) to ensure that you are fully prepared to advise on the implications of the proposed bills when further detail is announced.
We will report on further announcements and recommend what specific actions to take when more details are released.
Disclosure of planning reports: lawyers advising on the EIR should note the decision of the Information Tribunal in Bristol City Council v the Information Commissioner. The tribunal made it clear that it will be extremely difficult to argue that an authority cannot disclose confidential documents relating to the planning process received from a developer, as there is always likely to be a very high public interest in allowing the public access to all of the information used by the planning authority to make its decision. Planning officers should be informed of the implications, as well as officers dealing with information requests.
Disciplinary proceedings: anyone advising on disciplinary action taken against staff should note the decision of the Court of Appeal in Salford Royal NHS Foundation Trust v Roldan, which emphasised the importance of carrying out a full investigation of the available evidence when conducting proceedings that may have serious consequences for an employee. The court also made it clear that where two people give evidence in clear conflict, an employer does not necessarily have to decide to favour one over the other and that if a conflict cannot be resolved, the employee who is subject to the proceedings should be given the benefit of the doubt. Those advising in this area, and their clients in HR, will find our practice note on conducting a disciplinary proceedings and hearing useful.
Right to buy: housing authorities will welcome the court’s decision in Nessa v London Borough of Tower Hamlets, which found that a section 125 notice can be amended after it has been accepted by the tenant. However, it will still be difficult to give clients clear advice because the judgment posed as many questions as it answered and the precise circumstances in which a notice may be amended are still unclear.
Town/village greens: anyone advising on the registration of land as a town or village green should note the decision in Leeds Group Plc v Leeds City Council, where the court considered what will constitute a neighbourhood for the purposes of the Commons Registration Act 1965.
Public procurement: public procurement lawyers should be aware that, following the publication of a report on collaborative procurement by the National Audit Office and the Audit Commission, the pressure on procurement officers in authorities to use existing framework agreements and procure major projects with other authorities will continue to grow.
Proceeds of Crime Act (POCA): following the Court of Appeal’s decision to uphold a finding that a POCA confiscation order should be based on the turnover that the criminal obtained through their illegal activity and not the profit, planning lawyers should make sure that whenever they advise a planning authority on taking enforcement proceedings, the possibility of applying for such an order is discussed with their client.
PSOW: two recent decisions of the Public Services Ombudsman for Wales highlight the need for public authorities to ensure that:
- Government policy takes precedence over the amount of resources that a public authority has when taking decisions.
- Where appropriate, other public authorities are consulted when dealing with service users, so that requests are not unnecessarily repeated or inappropriately made.
Consultations: this week saw consultations launched on:
- Plans for offshore wind energy in Scotland.
- A common complaints service for public service providers in Wales.
- The procurement of concession contracts.