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.
Data protection: local authority information officers should be aware that the MOJ has issued guidance for public authorities on publicising information about individual sentencing outcomes in criminal cases. The guidance is a useful reminder that disclosure will generally be lawful because it is made in exercise of an authority’s functions and includes a decision-making check list for use where a particular case may raise a specific legal question or concern.
Equality Act 2010: local authorities should note that the draft Equality Act 2010 (Specific Duties) Regulations 2011 have been laid before Parliament setting out the proposed deadlines for the various types of public authorities to demonstrate compliance with section 149(1) of the Equality Act 2010.
Employment: the main issue for the EAT in Lancaster v TBWA Manchester was whether an employer had a duty to make reasonable adjustments to redundancy selection criteria in connection with a disabled employee. The employee, who suffered from a panic and social anxiety disorder, claimed that the employer’s application of three criteria focusing on communication skills placed him at a substantial disadvantage, compared to the non-disabled employees in the selection pool, and that it was a reasonable adjustment for his employer to have removed all three criteria. However, the EAT upheld the tribunal’s decision that the suggested adjustments were not reasonable since they would not have prevented the employee from being selected for redundancy as he would still have had the lowest score in the selection pool.
Health: those acting for NHS Trusts should note that the National Health Service (Charges to Overseas Visitors) Regulations 2011 have been made and come into force on 1 August 2011. The regulations impose an obligation on relevant NHS bodies to make and recover charges for treatment where a relevant service has been provided to an overseas visitor and exemptions from the charges.
NHS Trusts should also be aware that amendments have been tabled to the Health and Social Care Bill 2010-11 following the government’s response to the Future Forum report.
Enforcement: local authority lawyers involved in obtaining injunctive relief will welcome the High Court’s confirmation in Broxbourne Borough Council v Robb and others that the overarching consideration in connection with committal applications is maintaining the authority of the courts and that a court should be slow to tolerate contempt of its orders as doing so would undermine the court’s authority.
Special educational needs: the Court of Appeal has confirmed in EH v Kent County Council that, when deciding whether a child’s parents’ choice of school is compatible with the avoidance of unreasonable public expenditure, the starting point for the First-tier Tribunal (Health, Education and Social Care Chamber) when calculating the cost to the public of educating the child in the particular school is the local authority’s budgetary arrangements for the maintained mainstream school. It is only necessary to adopt another method of calculating the public expenditure involved in the child’s placement if there are cogent reasons why the Age Weighted Pupil Unit cost does not fairly reflect the cost to the public purse.
Consultations: this week consultations were published on:
- The government “Red Tape Challenge” in relation to health and safety law.
- Revising the School Teacher Appraisal (Wales) Regulations 2002.
- EU initiatives for the enforcement of EU rules on the free movement of workers.
- Draft Renewable Heat Incentive Guidance.
- Air quality plans to meet nitrogen dioxide limits in Wales.
- How to improve the change of use process.
- Transforming regulatory enforcement.
- Amending the Blue Badge parking concessions legislation.
- Establishing a framework of principles to ensure compliance and enforcement of age-restricted legislation.
Also this week:
- HMRC has published a response document to its consultation on collecting tax debts of up to £3,000 through PAYE.
- The government has responded to a call for evidence on replacing Community Care Grants and Crisis Loans for living expenses with local support.
- The government has responded to the Communities and Local Government Committee’s report on the abolition of regional spatial strategies.