PLC Public Sector reports:
Education, data protection, landfill tax, housing benefit, local government trading, abandoned vehicles and health and safety all feature on this week’s need to know list.
This week’s recommended actions are:
Section 9 of the Education Act 1996: education lawyers should note the decision in Slough BC v SENDIST and others, where the Council was unsuccessful in its appeal against a SENDIST finding that the council should fund the parents’ choice of school for their child since to do so did not involve unreasonable public expenditure. However, of more interest was the court’s confirmation that section 9 of the EA 1996 is not to be construed as requiring education to be in accordance with the wishes of those parents who are able to contribute to the fees of independent non-maintained schools to avoid the local education authority incurring unreasonable public expenditure.
Teacher appraisal in Wales: education lawyers advising Welsh authorities should note that amending regulations came into force on 1 September 2009 governing the appraisal of teachers and requiring local authorities to establish performance management policies by 1 November 2009.
GTC code of practice: those who have not yet seen the controversy raging over it, should note that a new GTC code of practice for registered teachers comes into force in England on 1 October 2009.
Landfill tax: anyone advising in relation to the disposal of waste should note the latest guidance on landfill tax issued by HMRC.
Data security: this week saw three more public sector organisations giving undertakings to the ICO for breaches of the Data Protection Act 1998. The recommended actions remain the same – review data security policies, make sure they comply with the legal requirements and the ICO’s guidance and then make sure they are enforced. For more information, see our practice note.
NHS and charities: anyone advising a charitable NHS organisation should note the latest guidance issued by the Charity Commission on maintaining independence.
LGO – making appropriate checks before eviction: the LGO’s report on Luton BC, highlights the importance of:
- having adequate case management systems in place so that, before evicting a tenant, housing officers can check all relevant circumstances (in this case an outstanding request for a review of a housing benefit decision was overlooked); and
- the need to operate a fast track system to consider requests for reviews of housing benefit decisions where there is a threat of eviction for the requester.
Housing benefit – exempt accommodation: anyone advising on the rents payable for supported housing should note the decision in S v A Social Security Commissioner, which found that where accommodation and care, support and supervision are provided by different entities under separate contracts, accommodation will not be “exempt” and the occupier will only be entitled to a sum equal to the eligible rent established by the rent officer. However, the implications of this decision are under review by the Secretary of State because it is recognised that current practices relating to the provision of accommodation, care, support and supervision are not reflected in the existing statutory provision.
Local Government: local authority lawyers in England should note that a new trading order will come into force on 1 October 2009, allowing all best value authorities to trade in any of their ordinary functions. For more information, see our practice note on local government trading powers.
Abandoned vehicles: following the LGO’s report on Lewisham, local authorities should ensure that they have an abandoned vehicles policy in place that complies with the statutory requirements. For more information, see our practice note.
Health and Safety: anyone advising in relation to Health and Safety should note that the HSE has made a number of its publications freely available on its website. These includes titles such as the essentials of health and safety at work and a guide to the Control of Major Accident Hazards Regulations 1999.
Consultations: this week saw consultations on devolving powers for Crossrail to TfL and reforms to the Building Regulations.
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.