PLC Public Sector reports:
Make sure you’re “to do” list is up-to-date by reviewing our recommended actions based on last week’s email.
This week we have recommended actions for lawyers advising on areas as diverse as FOI, employment law, education and social care.
This week’s recommended actions are:
Homeless at home: Housing authorities should consider the judgment in Birmingham v Ali and ensure their housing allocation policies do not unjustifiably favour one group of homeless people over another.
Removing benefits from staff: Councils looking to introduce changes to employees’ terms and conditions should ensure correct procedures are followed and that all attempts to reach an agreement are exhausted before considering dismissal.
Use of information obtained: the LGO decision in Cheshire County Council highlights the importance for Councils not only of maintaining good records of Looked After Children Reviews but actually using the information on the forms for safeguarding the welfare of children rather than simply for statistical analysis.
Helping young runaways:those advising Local Safeguarding Childrens Boards and their partners should alert them to the new statutory guidance which is intended to help local authorities put better systems in place to support children who run away or go missing from home or care.
Changes to the National Curriculum: education lawyers should be aware that on 1 September 2009 legislation comes into force that changes the existing requirement for schools to administer National Curriculum tests in mathematics and science and requires them to set targets for pupils’ progress from the end of Key Stage 2 to GCSE qualifications.
New handbook on social care: although it has not yet been placed on a statutory footing (as Lord Laming has recommended that it should be), those advising social work staff should draw their attention to the GSCC social care handbook “What if?”, which provides useful guidance on how concerns about poor working practices can be raised.
Guidance on forced marriages: those responsible for safeguarding children and protecting adults from forced marriage should be aware that guidelines have been issued that supplement the statutory guidance.
Freedom of information guidance: officers responsible for dealing with requests for information under FOIA or EIR should familiarise themselves with the guidance notes that have been issued by the Information Commissioner’s Office.
Medical records: those advising clinical and records staff in the NHS should familiarise themselves with the Department of Health guidance letter which recommends that informal medical records should not be kept separately from the main patient record and that if they are kept separately a note recording that fact appears on the main patient record.
New protocol: although it is not legally binding (and is due to be reviewed in 2010 when the Care Quality Commission becomes fully operational), those working in the care sector should be aware of the Working arrangements protocol, which outlines areas for interactive working between the HSE, local authorities and the Care Quality Commission and their respective roles.
Pension issues on voluntary redundancy: Local authority pension officers need to be aware of the Pensions Ombudsman’s decision in Norfolk County Council and bear in mind that if a member of the LGPS takes voluntary redundancy but then goes to work for another local government employer, the correct interpretation of regulation 26 is that the employee has to be treated as a deferred member of the pension scheme rather than as having retired and triggering immediate payments of pension benefits.
Consultations: This week saw consultations on how communities can adapt to the changing coastline as a result of sea erosion, proposals to change the Local Government Pension Scheme, an amendment to the Accounts and Audit Regulations 2003 requiring public bodies to include additional information on the remuneration of their senior officers and capping the administration fee charged by housing authorities that offer equity loan or equity share arrangements to £500.
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.