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:
Breach of contract: those advising local authority employers should be aware that, following the Court of Appeal decision in Buckland v Bournemouth University Higher Education Corporation, an employer’s conduct of a grievance procedure, if relied upon by an employee as a repudiatory breach of contract, is no longer subject to the band of reasonable responses test.
Changes to employer-supported childcare: local government HR officers, administering childcare and childcare voucher schemes for employees, should familiarise themselves with the guidance issued by the HMRC on changes to the tax treatment of employer-supported childcare.
Freedom of Information: in Mersey Tunnels Users Association v Information Commissioner, public authority officers dealing with FOI requests will find a useful reminder of the key principles they should consider when balancing the public interest in disclosure against the public interest in maintaining a relevant exemption from disclosure.
Public procurement: procurement lawyers should:
- When defending procurement litigation, familiarise themselves with the Procurement Policy Note that the Office of Government Commerce has published on the time limits for challenge under the Public Contracts Regulations and the Utilities Contracts Regulations following the Uniplex decision.
- Alert those officers with responsibility for assessing tenders to the decision in Evropaïki Dynamiki v EMSA of the importance of ensuring that all tenders comply with the formal requirement that tenders are submitted within the specified timeframe and that any extensions to timeframes are notified to and made available to all potential bidders.
Regional authorities: those officers with responsibility for preparing a regional strategy for their regional authority should have regard to the policy guidance that the Department for Communities and Local Government has published in relation to England.
Right of residence for children of EU workers: local authority officers with responsibility for allocating support and assistance should be alerted to the financial ramifications of the ruling of the ECJ in London Borough of Harrow v Ibrahim and Texeira v London Borough of Lambeth which means that the children of EU workers have a right of residence for the duration of their education course and that the parent who is responsible for their care has a right of residence and an entitlement to receive support, including housing, from the local authority in whose area they reside.
Strategy for protecting frontline services: local government officers seeking to balance the budget deficit while retaining frontline services may find the Government’s report Putting the Frontline First: Meeting the Local Government Challenge contains some useful strategies and resources.
The Teachers’ Pension Scheme: those local authority officers responsible for administering the Teachers’ Pension Scheme should familiarise themselves with the guidance issued by Local Government Employers, which is intended to help local authorities meet their statutory responsibilities under the scheme in circumstances where HR and/or payroll services have been outsourced by schools.
Consultations: this week there were five consultations on:
- The statutory obligations of maintained schools in relation to examination entries and charges in the Education Act 1996.
- Implementing EU pesticides legislation.
- A review of the access to the NHS for foreign nationals.
- Increasing the charges that a highway authority can levy for overrunning works on traffic-sensitive streets.
- Amending the inspection framework for highway authorities to improve site safety and the quality of works.