PLC Public Sector reports:
This week, we have actions for lawyers advising on procurement and school admissions, as well as details of where you can find our guidance on the introduction of drinking banning orders.
This week’s recommended actions are:
Drinking banning orders: local authorities and police forces will be aware that the legislation allowing them to apply for drinking banning orders (DBOs) came into force on 31 August 2009. Interested practitioners should review our quick guide to DBOs and also the recently published government guidance.
School admissions: the LGO’s criticisms in its report on Northumberland County Council highlight several issues that school admissions authorities should take account of. Primarily, clerks to appeals panels should receive sufficient training to ensure that they can advise appeals panels correctly (something the clerk failed to do in this case). However, the report also makes clear the need to put in place systems to detect and deal with school application fraud and to keep a full record of the authority’s actions during the admissions process.
Procurement: procurement lawyers involved in construction projects should take note of CABE’s guidance on running design contests and also the HSE’s intentions to make sure that health and safety issues play a more significant role in public sector procurement.
Economic assessments: local authority lawyers who may be asked to advise on the forthcoming duty to prepare local authority economic assessments should note the pre-consultation draft guidance issued by DCLG on what the assessments should include.
Children and Young Persons Act 2008: lawyers advising children’s services departments should note that further provisions of the CYP Act 2008 have now come into force.
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.