PLC Public Sector reports:
It has been another busy week and this post features recommended actions for lawyers advising on areas such as school admissions, the planning process and data protection to name but a few.
Anyone wanting to make sure their “to do” list is not missing anything should read on.
This week’s recommended actions are:
Environmental Impact Assessments – following the decision in R (Mellor) v Secretary of State for Communities and Local Government, planning authorities must be aware that, if requested to do so, they will need to provide interested parties with reasons for a determination that a development does not require an environmental impact assessment. The EIA Regulations are often used as a route to challenge developments which are controversial to local residents. Therefore, planning authorities will need to make sure that reasons for their screening opinions are adequately documented in anticipation of requests from interested parties.
Incident response – the Environment Agency’s publication of guidance on incident response planning provides an opportunity for public bodies to consider what plans they have in place to deal with an environmental emergency, whether or not they are required to have a plan in place.
School admissions – a recent report by the Local Government Ombudsman highlights the need for local education authorities to ensure that panels hearing school admissions appeals are aware of the rules of submission of evidence. Nottingham City Council had attempted to use photographs at a hearing in support of a school’s case without providing copies to the parents concerned in advance.
Pensions – following a finding by the deputy pensions ombudsman against Stevenage Borough Council, all employers must ensure that decision-makers in ill-health cases review all the available medical evidence fully and ensure they have a clear understanding of it. If there are uncertainties, they should seek clarification from the medical experts before reaching a decision.
Data encryption– following the recent warning from the ICO to NHS bodies and our suggestion that all public bodies review their data security policies (and staff adherence to them), Leicester City Council have made it clear that the curse of the unencrypted memory stick is not limited to the NHS.
Social Housing – anyone advising on social housing should be aware of the guidance issued this week on bidding for the £100 million set aside by the Government in the Budget for new housing and also the £84 million now available for insulation work.
Delegating powers to parish and town councils – those principal authorities considering delegating functions and services to parish and town councils within their area should review the guidance published by the Commission for Rural Communities on service delegation and gives practical steps on service delegations. It is useful not only for principal authorities delegating particular services but also for parish and town councils on issues they should consider when deciding whether to take on a service delegation.
Ofsted CAA inspections– Note Ofsted’s new inspection procedures for comprehensive area assessments which are relevant to both practitioners and commissioners of children’s services.
Local Development Orders – with amendments coming into force in June for local development orders, will an authority take the plunge and adopt an LDO? Stay one step ahead by reading our new practice note on LDOs and the changes that will be coming into force and draw your own conclusions.
The National Minimum wage – all employers should be aware that the national minimum wage has been increased.
Consultations – as ever the consultations come thick and fast. Those with an interest in the proposed restrictions on the sale of alcohol, extending the early years entitlement, handling allegations of abuse against adults who look after children and young people, school staffing in Wales, the agency workers directive, housing stock disposals in Wales, the Business Rates Supplement Bill, planning, putting up large screens in public places or the London Plan should take note and respond where appropriate. To those who feel “consultationed out”, we should now have some respite, as Civil Service guidelines mean that consultations should not generally be published now until after the forthcoming European and local elections.
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.