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In brief for week ending 14 December 2016

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Adult social services:

  • The Court of Protection has held that the welfare of a vulnerable adult who may not have been a domestic habitual resident was not outside the jurisdiction of the High Court on account of her British citizenship (In the matter of Mrs Ann C).
  • The Department of Health has published a note providing an update on the determination of questions of ordinary residence under section 40 of the Care Act 2014.
  • The CMA has published a blog post on its website to encourage people to inform the CMA’s market study into the supply of care home services for the elderly in the UK.

Central government:

Children’s services:

  • The High Court has:
    • clarified the criteria for the recognition of a foreign adoption at common law (Re N (A Child)); and
    • held that a council’s decision not to provide further accommodation or support to a teenager who absconded from placements and refused to go to an identified placement was lawful (R (A) v London Borough of Haringey).
  • The Family Court has:
    • highlighted the difficulties in finding secure accommodation placements in Wales (Re K (A Child)); and
    • emphasised the importance of holding an initial child protection conference in a private law children case where the father was alleged to have sexually abused his son (Re V (A Child) (Rev 1)).

Civil litigation:

  • The Civil Proceedings Fees (Amendment) Order 2016 has been made, introducing revised trial fees which will come into force on Monday 6 March 2017.
  • The Court of Appeal has considered an appeal regarding the assessment of damages for equitable compensation and gave guidance on how courts should deal with litigants in person who bombard them with communications (Agarwala v Agarwala).
  • The Master of the Rolls has delivered a speech at the LawWorks Annual Pro Bono Awards Lecture 2016 on the subject of access to high quality legal advice and representation, as well as court access.


  • The Department for Education has published a summary of the responses to its consultation on proposed changes to early years funding for three and four year olds, together with its response, intended next steps and local authorities’ specific national funding formula allocations.
  • The Department for Education has published new guidance on establishing and developing multi-academy trusts in England.

Employment and pensions:

  • Five sets of draft regulations have been published by the government, defining “important public services” for the purposes of the Trade Union Act 2016.
  • The final draft of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 has been published and will come into force on 6 April 2017, subject to parliamentary approval.
  • The High Court has held that an employer was not vicariously liable for a violent assault on an employee by the employer’s managing director at an impromptu drinking session after the Christmas party (Bellman v Northampton Recruitment Ltd).
  • The EAT has:
    • considered whether a tribunal had erred in finding that an employee had made a protected disclosure, and whether the employee had been subjected to a detriment and unfairly dismissed for doing so (Eiger Securities LLP v Korshunova); and
    • held that it was permissible for an employment tribunal to make a personal injury award for depression in a disability discrimination case in the absence of medical evidence (Hampshire County Council v Wyatt).
  • The Department for Business, Energy and Industrial Strategy and the MoJ have launched a joint consultation setting out proposals for reform of the employment tribunals and EAT.
  • The government has published a revised Code of Practice on picketing.
  • The Ministry of Justice has published the statistics for tribunals for the period July to September 2016.


FOI and data protection:


  • The Department for Communities and Local Government has published a consultation on proposed ‘banning order offences’ in England under the Housing and Planning Act 2016.

Local government law:

  • The government has published the draft Public Service Ombudsman Bill.
  • The Local Government Ombudsman has issued guidance on the key principles of complaint handling in a devolved setting for combined authorities.
  • The Counsel General for Wales has announced that the Welsh Government will introduce a major programme to build a distinct body of Welsh law.

Property and planning:

Public procurement:


Practical Law In brief

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