PLC Public Sector reports:
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Central government: government public sector lawyers should be aware that the Boyle review on the barriers to choice in the use of public services has been published.
Civil litigation: litigators may be interested in the decisions in:
- AB (Sudan) v Secretary of State for the Home Department, in which the applicant successfully appealed before the Court of Appeal the refusal of a stay, pending the appeal of a related action to the Supreme Court.
- Cruddas v Adams, where the High Court took into account in a libel award the fact that defamatory statements had been repeatedly published on social networking sites by the defendant.
Education and social services: lawyers involved in social services should note that:
- The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2013 (SI 2013/41) will come into force on Monday 11 February 2013. The regulations will extend the application of the information-sharing provisions of the Welfare Reform Act 2012.
- Sections 1 and 2 of the Public Services (Social Value) Act 2012 came into force on 31 January 2013.
- The Children and Families Bill 2012-13 had its first reading in Parliament on 4 February 2013. It contains measures relating to adoption, family justice, special educational needs and childcare.
Employment: employment lawyers should note that:
- The draft Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 has been published, which sets out changes to the collective redundancy rules.
- The Court of Appeal in Transport for London v O’Cathail has overturned the EAT’s decision that a tribunal erred in refusing an ill claimant’s application to postpone a hearing.
FOI and data protection: freedom of information officials should note that:
- The government is considering making changes to the freedom of information regime, including steps to block repeated requests and to clarify the use of the ministerial veto.
- The Upper Tribunal (Administrative Appeals Chamber) in Information Commissioner v FSA and Edem ruled that three employee’s names were personal data,.
Health: healthcare lawyers should note that the Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013 (SI 2013/160) has been made and brings into force on 1 April 2013 various provisions that are not already in force.
Housing: local housing authorities should be aware that the Court of Appeal upheld a deficient review decision by a homelessness applications reviewer that had no adverse consequences for the applicant.
Human Rights: human rights lawyers may be interested in the decision in R (T and others) v Chief Constable of Greater Manchester, in which the Court of Appeal held that the blanket disclosure of all convictions and cautions currently required by the statutory scheme for checking criminal records may unjustifiably interfere with the an individual’s right to respect for private life under Article 8 of the European Convention on Human Rights.
Local government: local government lawyers should be aware that:
- The Referendums Relating to Council Tax Increases (Principles) Report (England) 2013/2014 will require referendums for any council tax increases over 2% in England.
- The Department for Communities and Local Government has published a letter confirming that a local government member is not required to seek a dispensation in order to participate in discussions or vote on issues relating to council tax setting.
Property and planning: planning officials may want to note that:
- The government has announced that it plans to introduce new planning measures to simplify the conversion of buildings into free schools.
- The government has launched a Red Tape Challenge, which focuses on planning administration.
Public procurement: procurement lawyers should be aware of the High Court’s finding in Montpellier Estates Ltd v Leeds City Council, dismissing actions by Montpellier against a competition held by Leeds City Council for the development of an arena in Leeds.
Regulation and enforcement: parking enforcement officials should note that the Disabled Persons’ Parking Badges Act 2013, which governs the blue badge disabled parking scheme, has received Royal Assent.
Consultations: this week, consultations were published on:
- Draft Inter-authority Recoupment (England) Regulations 2013.
- Payroll Giving reforms.
- Introducing site waste management plans in Wales.
- The exceptional hardship scheme for HS2 phase two.
- The Red Tape Challenge on planning administration.
- The draft guidance note by the RICS on sustainability and commercial property valuation.
- A revised statement of policy describing how the Secretary of State for Transport proposes to exercise his franchising power.