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.
Boundary and electoral reviews: anyone advising a local authority considering instigating or facing a boundary or electoral review should note the latest technical guidance published by the Local Government Boundary Commission for England.
Risk management: all public authorities should note the latest guidance on managing risk in government published by the National Audit Office. The principles outlined in the guidance can be applied to the overall management of authorities and also individual programmes and projects.
FOIA: information practitioners will be interested in the First-tier Tribunal (Information Rights) decision in Lampert holding that a request made to the Financial Services Authority was vexatious under section 14 of the Freedom of Information Act 2000.
Public procurement: public procurement lawyers and officers will be interested in:
- The action plans published by the Cabinet Office setting out more detail on the government’s commitment to open up public contracts to SMEs. The plans accompanied confirmation that procurements of certain goods by central government are to be centralised.
- The latest in a series of judgments in respect of the procurement procedures of the Legal Services Commission. On this occasion the claim was found to be without merit and to have been made too late.
- The government announcement that Partnerships for Schools is to be abolished.
CRC: environment lawyers should note the new guidance published by the Environment Agency on the penalties under the CRC Energy Efficiency Scheme for failing to submit an annual report.
LGPS: pensions lawyers should note the Deputy Pensions Ombudsman’s decision holding that a decision-maker in a scheme member’s application for an ill-health early retirement (IHER) pension must address apparent conflicts between medical opinions by making further enquiries.
Planning: local authorities involved in planning appeals should note that the LGO has found East Staffordshire Council guilty of maladministration causing injustice after it failed to robustly defend a planning appeal and protect its position by setting out conditions relating to site levels for the proposed building if permission was eventually granted by the Planning Inspectorate.
Blue Badge Scheme: the LGO has criticised Welwyn Hatfield Council in a recent investigation after it decided to introduce car parking charges for blue badge holders without considering the potential impact that such an action would have on disabled badge holders and their legal duties under the Disability Discrimination Act 2005.
Consultations: this week there were consultations launched on: