PLC Public Sector reports:
Do your procurement processes take adequate account of diversity issues? Are your housing officers placing too much reliance on specialist advice? Are your schools ensuring there is adequate playground supervision during break times? Are your internal disciplinary hearings staffed by people with adequate training?
Our recommended actions this week make sure that you will be able to provide the right answer to all of these questions and many more.
This week’s recommended actions are:
Looked after children: Local authorities will need to review the way in which they provide care support services to homeless 16 and 17-year olds since, following the decision in R (on the application of G) v London Borough of Southwark, the presumption is that any homeless child should be accommodated under section 20(1) of the Children Act 1989 and be looked after by the local authority.
New regulations for standards committees: Standards committees of relevant authorities in England and police authorities in Wales should be made aware that new provisions come into force on 15 June 2009 that will affect them. In particular, Regulations 16 and 17 of the Standards Committee (Further Provisions) (England) Regulations 2009 provide that, in certain circumstances, standards committees may grant dispensations permitting a member or co-opted member to participate in authority business despite having an existing interest that has been registered in the authority’s register of members.
Health and safety: local authorities should follow Northamptonshire County Council’s lead and ensure that they undertake the necessary health and safety checks for care staff required to access private dwellings. A recent claim against the council clarified that inspecting a ramp to a service user’s home which was installed by the NHS did not mean that they became responsible for its upkeep. However, it did mean they had complied with their health and safety duties.
Supervision of pupils during breaks: the Court of Appeal has found that Cornwall County Council was negligent and liable for the injury caused when a pupil, playing in a school playground, was struck in the face by a rock aimed by another pupil at a seagull. This was due to the lack of supervision provided by the school; in this case one supervisor for 300 children. Local education authorities may wish to alert their schools to this judgment. Schools should be aware of the factors they should take into account when assessing the required levels of supervision and put in place adequate numbers of supervisory staff.
Taking account of specialist advice in housing applications: the LGO expressed concern in a recent report finding maladministration against the London Borough of Ealing. The LGO found that the council placed too much reliance on specialist advice when making housing allocation decisions. Obviously, it is right that specialist advice is taken, but the LGO made it clear that it should be reviewed and questioned where necessary, as ultimately it is the council that is responsible for making the decision. Other local authorities should take note.
Taking account of diversity in procurement: the Law Society has published a charter which aims to promote diversity and inclusion through the way in which legal services are procured. Public sector purchasers of legal services should review existing documents and try to integrate the Charter requirements into them.
Ensuring a fair hearing: appeals against dismissals following disciplinary hearings are becoming more and more common. Employers should take all possible steps to ensure that the processes they follow comply with all the statutory requirements and provide their employees with a fair hearing. Employers will find PLC Public Sector’s new practice note, Ensuring a fair hearing, of great use when considering what training their disciplinary panel members need.
Planning applications involving listed buildings: those working on planning applications which involve or may affect listed buildings should take heed of the LGO’s findings in a recent report against Calderdale Metropolitan Borough Council. The LGO was critical of the Council, which had failed to notify and consult with English Heritage in connection with alterations and an extension to a primary school which negatively impacted on the setting of a Grade 2 listed building. Councils should ensure that their planning teams have mechanisms in place to recognise when English Heritage should be involved in planning applications.
Consultations: as the local and European elections approach, the number of consultations has dropped. However, lawyers with an interest in houses in multiple occupation, the Government’s plans for the private rented housing sector and the Housing and Planning Delivery Grant have the opportunity to respond to government consultations on these subjects.
Green vehicles: finally, for those with an eye to the future, advisers should be aware of a new European directive that will require certain minimum environmental standards for public sector vehicles. The Directive will not come into force until the end of 2010, but there is no reason why current procurements should not take account of the new standards.
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.