REUTERS | Arnd Wiegmann

In brief for week ending 28 May 2014

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 Public Sector e-mail.


Education and children’s services:

  • The Court of Appeal has ruled that care proceedings and placement proceedings should run concurrently (Surrey County Council v S).
  • The Family Court has extended the 26-week time limit in a care proceedings case due to litigation failure (Re D (Children)).
  • The European Commission has issued a consultation on developing guidance about  integrated child protection systems across EU countries.

Employment and pensions:

  • The ECJ has held that statutory holiday pay should include a sum relating to commission where a worker’s remuneration includes contractual commission based on sales achieved (Lock v British Gas Trading Ltd).
  • The EAT has held that claimants do not have to prove the reason that they have suffered a personal disadvantage when claiming indirect discrimination under the Equality Act 2010 (Essop and others v Home Office (UK Border Agency).
  • UNISON has been granted permission to appeal the High Court decision which dismissed its application for judicial review of the introduction of fees in the employment tribunal.
  • The DCLG has published a consultation setting out its proposal to move the investment of LGPS assets to collective investment vehicles and also confirmed that a proposal to merge LGPS funds will not be taken forward.


  • DECC has published a consultation on underground access for shale gas, oil and geothermal drilling.

FOI and data protection:

  • The ICO has published a:
    • blog post and overview of key points in relation to the recent ECJ ruling on the removal of internet search results; and
    • consultation on a draft updated CCTV code of practice.


  • The Court of Appeal has held that a local authority for an area where an individual lived prior to being made subject to a hospital order under the Mental Health Act 1983 will remain responsible for that individual’s aftercare (R (Wiltshire Council) v Hertfordshire County Council).
  • The DH has published briefing notes on the NHS provider licence and commissioner requested services.


  • The DCLG has published guidance on rents for social housing from April 2015.
  • The Homes and Communities Agency has published a consultation on changes to the social housing regulatory framework.

Local government:

  • The High Court has held that the disqualification term imposed on a Welsh councillor for breach of a council’s code of conduct was excessive (Heesom v Public Services Ombudsman for Wales).
  • An independent commission has been formed to explore economic growth and the future of public services in non-metropolitan England.
  • The Local Government Ombudsman has published social care provider complaints statistics for the first time.

Property and planning:

  • The Supreme Court has upheld a Court of Appeal decision holding that use of a recreation ground by local residents was “by right” not “as of right” preventing it from being registered as a town or village green (R (Barkas) v North Yorkshire County Council and another).
  • The Court of Appeal has:
  • The Upper Tribunal (Lands Chamber) has held that a provision for the apportionment of the service charge by a third party whose decision was final and binding was void under the Landlord and Tenant Act 1985 (Windermere Marina Village Ltd v Wild and others).
  • The Land Registry has:
    • updated Practice Guide 40 Supplement 4;
    • updated a number of practice guides to refer to its new MapSearch service; and
    • announced its intention to withdraw a number of guides on 1 June 2014.

Public procurement:

  • The European Commission has exempted further Hungarian postal services from the application of the Utilities Directive.
  • The General Court has dismissed an appeal against a procurement procedure organised by the European Central Bank.
  • The Crown Commercial Service has announced the launch of the LGA’s Local Government National Category Strategy for collaborative ICT.
  • The DCLG has refused to compensate a local authority following a penalty incurred as a result of cancelling a waste infrastructure project due to a delay in the government making a final planning decision in relation to the site.

Regulation and enforcement:

  • The Law Commission has published a report on its proposals to reform the existing taxi and private vehicle services regime.
  • The ASA has made its first referrals to Trading Standards.
  • Trading Standards has responded to the BIS consultation on copycat packaging.

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