PLC Public Sector reports:
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Cookies: anyone advising on the legal requirements of operating a website should note the Information Commissioner’s latest guidance on the use of cookies. In it, he endorses the use of implied consent.
Employment: employment lawyers advising public bodies will be interested in a series of decisions published this week:
- In Mattu v University Hospitals of Coventry and Warwickshire NHS Trust, the Court of Appeal held that Article 6 of the ECHR was not engaged during disciplinary proceedings that led to a consultant’s dismissal.
- In Andrews v Kings College Hospital NHS Foundation Trust and another, the EAT held that an employee’s claim should not be struck out even though it was brought outside the three month limitation period, as the employer had told the employee the applicable period was six months.
- In Christou and another v London Borough of Haringey, the EAT held that the dismissal of two social workers was fair, even though it followed a second disciplinary process relating to the same offence.
- In Vernon v London Borough of Hammersmith and Fulham, an employment tribunal held that a solicitor’s e-mail to an Acas conciliation officer was not privileged and amounted to victimisation.
Environment (Wales): environment lawyers should note that a draft order has been laid that would create a single environmental body in Wales. However, a further order will be required to transfer the necessary functions, staff, property and liabilities to the new body.
Freedom of information: information lawyers and officers will be interested in the tribunal decision in Mr A v Information Commissioner and another, in which it was held that the Health Professions Council was correct to neither confirm or deny having information relating to a complaint about a registrant’s fitness to practice.
Housing: housing lawyers should be aware that the Homes and Communities Agency (the Social Housing Regulator) has published guidance on the disposal of social housing and how it reaches its decisions.
Planning: planning lawyers will be interested to note:
- The new guidance published by English Heritage on local heritage listing.
- That permitted development rights for microgeneration equipment will be extended in Wales when the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2012 comes into force on 18 June 2012.
Social care: lawyers dealing with direct payments should note that the Supreme Court in R(KM) v Cambridgeshire County Council has dismissed an appeal over Cambridgeshire County Council’s calculation of a direct payment. The court held that the council’s decision to offer £85,000 to the claimant to discharge its duties under the Chronically Sick and Disabled Persons Act 1970 was rational and supported by adequate reasons despite the council having made a number of mistakes in reaching the figure of £85,000.
Consultations: this week consultations have been published on: