PLC Public Sector reports:
Freedom of information, school applications, direct payments and planning policies all feature in this week’s recommended actions.
Not only that, but we also have news of some new PLC materials that lawyers can use to raise legal awareness in their client departments.
This week’s recommended actions are:
FOIA guidance: information officers should ensure that any internal guidance is up-to-date following the ICO’s publication of guidance on the security exemptions in FOIA (sections 23 and 24) and on dealing with information held for another person. Advisers will find our checklist on how to respond to an FOIA request useful, the checklist has links to all the relevant guidance, feel free to pass on a copy to your colleagues.
Planning: planning officers should review guidance given by the High Court this week on considerations to bear in mind where local and national planning policies conflict. In the case in question, the High Court had to consider local green belt preservation policies which clashed with national support for renewable energy.
Young people in care: local authorities should take note of the LGO decision against the London Borough of Lambeth and make sure when complying with their duties to assess and meet the care and support needs of young people in care or about to leave care that account is taken of any vulnerability that individuals may have and that the relevant details of any vulnerabilities are known to those who will be working with them.
Children in need, direct payments and case reviews: local authorities should review their internal policies to ensure that proper family assessments are taking place when required following the recent LGO decision against Kent County Council. The LGO’s decision also shows that putting in place a policy not to make direct payments for certain types of care will not prevent service users relying on the law to force them to make such payments.
Quick guides: PLC Public Sector has published 3 new quick guides, on public procurement, judicial review and freedom of information. They provide an excellent resource for short notice briefings to senior officers who may not have prior knowledge of these areas and can also be used as training materials for junior officers in client departments. If there are any other subjects you feel would benefit from a quick guide, please submit a comment below.
Consultations: just a few consultations to report on this week. Those with an interest in the Care Quality Commission’s new registration requirements, sick notes and the licensing of park home sites should take note and respond if appropriate.
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.