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:
Regulation of Investigatory Powers Act: local authority lawyers should note that the Home Office has published plans to update the controls in place for the use of RIPA powers. While wide scale reform appears to have been ruled out, greater oversight of the use of the powers by local authorities is likely to be necessary when revised codes of practice are published. In the meantime local authorities should pre-empt any changes in requirements by making sure that uses of the powers are signed off at a senior level and that other less invasive alternatives are always considered first.
School admission appeals: education lawyers should note the court’s decision in Haringey. The court found that it was unacceptable to simply state that accepting a pupil would lead to a school’s limit being exceeded, and conclude that prejudice is therefore established , the IAP must examine the admission’s authority’s case further and be satisfied that the admission of any further pupils would cause prejudice to efficient education or use of resources. Once that prejudice has been established, the IAP must then consider when the pupil’s individual circumstances over-ride that prejudice . Each case and pupil must be considered on an individual basis. Haringey were also found to have wrongly required the pupil to establish “exceptional reasons” why she should be admitted to the school, when the school admissions appeal code only requires a balancing of the child’s and school’s interests. This mistake highlights the need to give admissions appeal panel members and clerks to panels adequate training to ensure they are aware of the requirements of the code.
Associated discrimination: employment lawyers should note the decision in Coleman, which found that the Disability Discrimination Act 1995 could cover discrimination by reason of, or harassment related to, a third person’s disability. In this instance, the claimant alleged discrimination as a result of her son’s disability.
Public procurement: advisers and practitioners must ensure that they notify bidders individually of the outcome of the contract award. It is not sufficient to publicise the outcome of the competitive process on the authority’s website or through OJEU. The obligation extends to bidders who failed to pass PQQ, as well as to those who submitted tenders. Our standard document should be of assistance.
Data security:the Mid-Staffordshire NHS Foundation Trust is the latestpublic body to give undertakings to the Information Commissioner’s Office following data security breaches. All public bodies must, if they have not recently done so, review existing policies and then make sure they are enforced.
Local authority and NHS joint working: anyone advising on local authority and NHS joint working on health and social care should note the recommendations set out in the Audit Commission’s study when entering into, revising or monitoring their partnership arrangements .
Forced marriages: local authority lawyers should note that from 1 November 2009, local authorities can apply for forced marriage protection orders without court leave. The Ministry of Justice has issued guidance for local authorities considering using this power.
Bankruptcy: lawyers advising on the enforcement of council tax debts should note the court’s decision in Nottingham, where claims that the council had acted unreasonably in refusing a schedule of repayments offered by the debtor were rejected and the council was granted a bankruptcy order. However, advisers should be aware of the Local Government Ombudsman’s (LGO) advice that bankruptcy proceedings should always be a last resort and all other avenues should be explored first.
Food hygiene: those advising on the enforcement of food hygiene standards should note the court’s decision in Three Rivers, which held that a business did not cease to be a “food business” just because it was not open to the public. The business concerned was still being used to prepare food for its staff and therefore the owners were liable for food hygiene offences.
LGO: children in need: lawyers advising children’s services departments should note the LGO’s decision in Waltham Forest, which highlights the need for local authorities to engage in a dialogue with children and take account of their concerns.
Consultations: this week saw a consultation launched by the Department for Children, Schools and Families on school kitchen and dining facilities.
If you wish to submit your views on any of the actions we have recommended, or would like to highlight any other issues that you feel need action by public sector lawyers, please feel free to submit a comment below.