PLC Public Sector reports:
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Disciplinary proceedings: employment lawyers advising on how disciplinary proceedings are carried out will be interested in the decision of the High Court in R (Puri) v Bradford Teaching Hospitals NHS Foundation Trust holding that Article 6 of the European Convention on Human Rights was not engaged in this case, as the outcome of the proceedings would not deprive the claimant of the right to practise his profession.
Landfill: those advising on the permitting and operation of landfill sites should note that the Environment Agency has published guidance on financial provision for landfill sites.
Housing: local authority housing lawyers involved in obtaining county court possession orders will find the judgment in Brighton and Hove City Council v Alleyn and others useful, in that it demonstrates the likely procedural approach a county court judge will adopt when considering whether it is proportionate to make the possession order.
Social care: the Court of Appeal has confirmed in Buckinghamshire County Council v Royal Borough of Kingston upon Thames that, when making an assessment of needs under section 47 of the National Health Service & Community Services Act 1990, there is no duty to consult the local authority to whom responsibility for arranging the individual’s needs will transfer. Under that section, only primary care trusts, health authorities and the Secretary of State have any status in the decision-making process.
Social services: Welsh local authorities should be aware that, in relation to their discretionary power to impose a reasonable charge on adult recipients of non-residential social services, regulations governing the direct payments have been issued.
Maintenance of statutory records: following the Local Government Ombudsman’s report on Warrington Borough Council, all public authorities should ensure that they have the appropriate corporate governance structures in place to prevent the destruction of information they are obliged to keep by statute.
Non-domestic rates (Wales): Welsh local authorities should note that the temporary increase in small business rate relief for Wales has been extended to 30 September 2012.
Consultation: the Local Government Group has launched a consultation on fire safety guidance for purpose-built blocks of flats.