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.
DPA/FOIA: information lawyers should note:
- The approach the Information Commissioner (IC) took to the public interest test when considering if legal advice on the competition aspects of the Health and Social Care Bill obtained by the Department of Health should be disclosed under the Freedom of Information Act 2000 (FOIA).
- The IC’s new guidance on access to information held in complaints files, which includes information on the data protection and FOIA aspects of dealing with requests to access complaints files .
- The IC’s new guidance for universities on the application of FOIA to research information they hold.
Housing: housing authorities should note the ECtHR decision in Bah v UK that confirms that when a non-EEA citizen makes an application for homelessness assistance under Part VII of the Housing Act 1996, any children they have that are subject to immigration control can be disregarded when considering the application.
Transparency: the government has published the following documents as part of its ongoing transparency programme:
- A final code of recommended practice for local authorities on data transparency.
- Revised versions of the guidance on transparency in the publication of tender documentation and the publication of new central government contracts.
When applicable, public authorities should ensure they comply with the requirements of these documents, and should update any internal guidance to reflect the requirements set out.
Public procurement: public procurement lawyers will be interested in:
- The Court of Appeal decision upholding High Court decisions that set aside two framework agreements let by government departments in Northern Ireland.
- The new model ICT managed services agreement published by Local Partnerships.
School admissions: The Local Government Ombudsman’s criticisms of Bishop Vesey’s Grammar School highlight the importance of abiding by the admissions appeal code and ensuring that everyone, especially the clerk to the appeals panel, has received the appropriate training.
Health: those interested in becoming a clinical commissioning group should note that the Department of Health has published guidance setting out the process of authorisation.
Education: those advising maintained schools currently operating under PFI schemes who are seeking to convert to Academy status should note that the government has clarified that local authorities will not be acting unlawfully by continuing to pay a unitary charge to a PFI provider after conversion or be in breach of section 6(2) of the Academies Act 2010 by agreeing to contractual arrangements under the Department for Education’s PFI Academy model.
Consultations: this week a consultation was published on revised statutory guidance on the role and responsibilities of the Director of Children’s Services and the Lead Member for Children’s Services.