PLC Public Sector reports:
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Academies: will continue to be registered with, and regulated by the Charity Commission, given that the coming into force of section 12(4) of the Academies Act 2010, originally scheduled for 1 January 2011, has been delayed pending the appointment of a principal regulator for Academy proprietors.
Reintegration of pupils following exclusion: education lawyers in Wales should note that regulations have been made that set out when a headteacher must request an excluded pupil’s parents attend a reintegration interview following an exclusion under the Education and Inspections Act 2006.
Local authority and school performance targets: local authorities should be aware that regulations requiring them to set annual targets for educational performance of children at maintained schools have been revoked by the Education (Local Authority and School Performance Targets) (Revocation and Amendment) (England) Regulations 2010. Local authorities now have until 31 January of each school year to submit annual targets for schools in their areas (instead of the previous 15 January deadline).
Employment: following the EAT’s decision that a solicitor who advised an employee on a compromise agreement can be called to give evidence in a subsequent challenge, it is good practice for solicitors advising employees on compromise agreements to either put their advice in writing or, if they meet with the individual, to ensure that their attendance note of the meeting clearly records the advice that was given.
TUPE: employers dealing with a TUPE transfer should be aware that, following the decision of the Upper Tribunal in Kuehne & Nagel Drinks Logistics Ltd, Stott and Joyce v HMRC, payments made to transferring staff to compensate them for the loss of pension rights or to deter them from taking industrial action are taxable as employment income.
EIR: the following decisions will be of interest to information lawyers:
- Local authorities dealing with requests for information under the Environmental Information Regulations 2004 (EIR) should be aware that the test for what is manifestly unreasonable is not the same as the test for the cost of complying with a request under FOIA; however, as the decision in Little v IOC demonstrates, a request for information may be manifestly unreasonable if the cost of compliance is disproportionate to the issue’s importance or means that scarce resources are diverted from a public authority’s usual activities.
- The decision of the Upper Tribunal (Administrative Appeals Chamber) (AAC) in GB v IC & First-Tier Tribunal is a useful reminder of the importance of complying with the 28-day time limit for lodging a notice of appeal; although the judge in the First-tier tribunal has a discretion to extend time for lodging such an appeal, the exercise of that discretion can only be challenged successfully in the AAC if it is wrong in law or flawed in some other way. The decision also referred to the potential procedural complication on whether a challenge to the FTT’s decision to refuse to extend time is by an application for permission to appeal or an application for permission to apply for judicial review. That question will hopefully be resolved by the anticipated AAC decision of a three-judge panel.
Eradication of child poverty: a Welsh commencement order has been published bringing into force the sections of the Children and Families (Wales) Measure 2010 that require Welsh authorities to publish strategies for eradicating child poverty.
Community outreach schemes: local authorities operating community outreach and support programmes should be aware of a recent decision by the Local Government Ombudsman finding Poole Borough Council guilty of maladministration causing injustice after it failed to adequately assess the risks associated with a walking scheme and failed to supervise those on the walk resulting in the death of one of the walkers. Where schemes such as this are offered there should be clear planning so that all parties know the route that will be taken and those supervising the walk should be made aware of any existing medical conditions of the walkers.
Disposal of playing fields: local authorities in Wales involved in disposing of land currently used as playing fields should be aware that the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010 has been published. The Measure confers a power on Welsh ministers to make regulations providing for the involvement of local communities in decisions by local authorities about disposals by them of land consisting or forming part of a playing field.
Planning: planning lawyers should familiarise themselves with:
- The revised planning policy guidance for transport, which includes the new maximum parking standards that local authorities need to apply when developing and implementing policies on parking.
- The guidance published by CABE on procurement strategy for new developments and urban regeneration.
Qualified privilege: local authorities should note that Slough Borough Council’s appeal against a High Court ruling that its inclusion of Mrs Clift on its “potentially violent person’s register” (PVPR) constituted libel has been rejected by the Court of Appeal. The Court of Appeal held that Slough (as a public authority) could not rely on the defence of qualified privilege to a claim that Mrs Clift’s Article 8 rights had been breached as it had published the PVPR to too wide an audience, which was not proportionate or necessary as required under Article 8(2) of the European Convention on Human Rights.
Consultations: this week there were consultations on: