PLC Public Sector reports:
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Deprivation of liberty: those with decision-making responsibility in respect of the Mental Capacity Act 2005 deprivation of liberty safeguards should be informed of the Court of Protection’s guidance on what to do if there is a dispute between a supervisory body and a best interests assessor. The court held that giving more than one urgent authorisation in respect of a detention was not lawful and that the matter should instead be brought to the court’s attention as a matter of urgency.
Judicial review: litigation lawyers should be aware that that Civil Procedure (Amendment No 3) Rules 2010, clarify that judicial review applications can be heard by a Divisional Court as well as by a single judge where the court so directs. This does not change any law but clarifies the existing position.
EIR: information lawyers will be interested in:
- The way in which the Information Commissioner considered a claim by the Environment Agency that responding to a request for information was manifestly unreasonable under Regulation 12(4)(b) of the Environmental Information Regulations 2004 (EIR) due to the level of resource it would take to respond to the claim. In particular, it highlights the importance of providing adequate evidence to support time estimates.
- The Information Tribunal’s query as to whether only those documents that can claim litigation privilege (rather than general legal advice privilege) will be exempt from disclosure under regulation 12(5)(b) of the EIR will also be of interest.
CRC: environmental lawyers should be aware that the government has announced that the first sale of allowances under the CRC Energy Efficiency Scheme for 2011/12 will take place in 2012 rather than 2011 and revenue raised from the sale of allowances will be used to support public finances (rather than being recycled to participants as expected).
Children’s services: those advising children’s services departments should note:
- The Court of Appeal has confirmed that section 23C(4)(c) of the Children Act 1989 provides local authorities with the power to accommodate former relevant children and that a local authority is not entitled to take into account the possibility of support from the National Asylum Support Service when considering a former relevant child’s circumstances.
- That new regulations will come into force on 1 April 2011 setting out local authority duties toward relevant and former relevant children.
- The government has announced that the decision by the previous government to abolish court fees for local authorities in care and supervision proceedings has been reversed, and the fees will remain.
PCTs: those advising primary care trusts should note that new regulations will come into force on 1 December 2010 that remove the prohibition on chairs and non-officer members holding a public appointment on more than one PCT Board.
CPOs: the High Court’s decision R (Iceland Foods Ltd) v Newport City Council is a useful reminder that local authorities should ensure that:
- Compulsory Purchase Orders (CPOs) are implemented in accordance with their original purpose.
- They do not act unreasonably in implementing CPOs.
- They should have regard to human rights when confirming CPOs.
Gypsies and travellers: those advising local authorities on their rights and responsibilities for gypsies and travellers on local authority sites should note the government’s plans to make amendments to the implied terms set out in Schedule 1 to the Mobile Homes Act 1983.
Council tax enforcement: those advising on the enforcement of council tax debts should note the Court of Appeal’s confirmation that there is no limitation period applicable to the enforcement of a council tax liability order. The only limitation period that applies in the context of council tax is that of six years, in which a council must seek a liability order in respect of an outstanding council tax debt.
State aid: those advising on state aid issues should note that the Department for Business, Innovation and Skills has published new guidance on the state aid rules.
Consultations: consultations have been launched by:
- The Welsh Assembly Government (WAG) on reducing bureaucracy by repealing or simplifying consent regimes.
- WAG on guidance for engagement by the NHS with local citizens and changes to health services.
The government has also launched a review on the vetting and barring scheme and the House of Lords Science and Technology Select Committee has called for evidence on public procurement as a tool to stimulate innovation.