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:
Public procurement: following the ECJ decision in Uniplex, public procurement lawyers should be aware that aggrieved bidders will be given at least three months from the time they became aware of an alleged breach of the public procurement regime to bring a legal challenge. Procurement officers should also be informed of this development.
SME involvement in public procurement: public procurement lawyers should highlight the Office of Government Commerce’s guide on flagging contract opportunities for SMEs to their internal or external clients. In particular, it may be appropriate to include the suggested wording set out in the guide in OJEU notices and other contract advertisements.
Alcohol misuse: anyone advising on local government and police powers to deal with alcohol misuse should note the new powers that have come into force under the Police and Crime Act 2009. In particular, those advising licensing committees should be aware that members of licensing authorities are now “interested parties” for the purposes of the Licensing Act 2003. The Department for Culture, Media and Sport has updated its guidance to reflect this. If any local authorities have supplementary internal guidance, this will also need to be updated.
Health: anyone advising NHS Trusts on responding to complaints should note the recent clarification of the unified complaints procedure issued by the Department of Health and make sure that their clients are aware that:
- Complaints dealt with through patient advice and liaison services (PALS) are still subject to the new procedure.
- The threat of legal proceedings no longer automatically exempts a complaint from the procedure.
Mental Health facilities for under 18s: from 1 April 2010, NHS Trusts treating mental health patients under the age of 18 must ensure that such patients are dealt with in an appropriate environment. Those advising such trusts should ensure they are aware that it will be necessary to take advice from a “suitable” person as to what this environment may be.
FOIA: those advising senior management in all public authorities should ensure that internal review processes for complaints made by applicants for information under the Freedom of Information Act 2000 are subject to periodic review to check compliance with the Act and the Information Commissioner’s Office (ICO) guidance. A failure to comply with the applicable time limits can lead to action by the ICO, as was taken in the cases of the UK Border Agency and Cardiff City Council.
Consultations: this week consultations were launched on:
- Draft regulations and guidance concerning the provision of short breaks for carers of disabled children and young people.
- Care leavers legislation and guidance.
- The EU Emissions Trading Scheme opt-outs for small emitters and hospitals.
- Non-statutory guidance on the Equality Bill published by the Equality and Human Rights Commission.
- Charging arrangements for residential social care.