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SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.
April 24, 2024

Transferring the functions of a Police and Crime Commissioner – consultation requirements

The Court of Appeal’s upholding of a High Court judgment which quashed the decision by the Home Secretary to transfer the powers of the West Midlands Police and Crime Commissioner (PCC) to the Mayor of the West Midlands Combined Authority (WMCA) is a salutary reminder of the need to fully comply with consultation requirements, writes Matt Marsh.
April 24, 2024

The Public Service Obligations in Transport Regulations 2023

The Public Service Obligations in Transport Regulations 2023 (the “PSO Regulations”), which came into force on Christmas Day 2023, set out procurement and subsidy control obligations in the public transport sector for public bodies awarding PSO contracts. Clarice Harper-Smith highlights the key considerations.
April 23, 2024

Local authority legal departments and AI

Thanh Lanh-Connolly looks at how local authority legal teams can harness AI power to improve efficiency in commercial and corporate matters.
April 23, 2024

The Procurement Act 2023: "go-live" confirmed

Emily Heard analyses the Cabinet Office's announcement of an intended “go-live” of Monday 28 October 2024 for the Procurement Act 2023.
April 19, 2024

CIL and Hillside

Christopher Cant and Ben Garbett address an undiscussed issue relating to the Community Infrastructure Levy in light of the Supreme Court ruling in Hillside.
April 19, 2024

Improving social value: a private sector perspective

Laura Thornton and Fergus Alexander set out some recommendations on how to deliver better results for social value in public procurement.
April 19, 2024

What’s in the Pipeline?

More government guidance on the Procurement Act has been published. Jenny Beresford-Jones sets out the main points.
April 18, 2024

Fact-finding hearings and medical evidence

Stephen Crispin and Matthew Brookes-Baker analyse the outcome of a fact-finding hearing in care proceedings concerning allegations that one or other of the parents had deliberately inflicted injury to a non-mobile infant.
April 17, 2024

New laws to strengthen LPA powers of enforcement

A number of significant changes to the planning enforcement regime will come into effect from 25 April 2024. Perhaps the most notable of these is a change to the time period in which Local Planning Authorities can take enforcement action against unauthorised development. Rebecca Stewart explores some of these changes.
April 17, 2024

Interim declarations in the Court of Protection: a new approach

Shiva Krishnan and Hannah Taylor examine a judge's new formulation for interim declarations on capacity in the Court of Protection.
April 16, 2024

Pupil registration and attendance

Victoria Guest examines recent changes to the legal duties on schools regarding pupil registration and attendance.
April 16, 2024

Anti-Zionist beliefs and the Equality Act 2010

Rebecca Denvers considers what employers can learn from a case which found that anti-Zionist beliefs are protected under the Equality Act 2010.
April 16, 2024

Developing school land

Luke Exton examines guidance from LocatED on developing the education estate.
April 15, 2024

Moving between boroughs for those with EHC Plans

When children and young persons with Education, Health and Care Plans (EHCPs) move between boroughs, the local authorities involved have different duties depending on whether they are a child or young person, and whether they are currently ‘looked after’. Sarah Davidson and Ellie Mullett seek to unpick the applicable statutory, regulatory, and case law provisions, and highlight issues which can arise as a result of their intersection.
April 15, 2024

Children law update: Spring 2024

Michael Jones KC provides an update on recent public law children cases of interest to practitioners.
April 15, 2024

Severe neglect and failure to remove claims

A recent High Court case shows that there is still scope for arguable failure to remove claims, writes Ella Davis.
April 15, 2024

Gender-critical beliefs and dismissal

A gender-critical teacher recent lost his employment tribunal claims. Jo Moseley analyses the ruling and looks at the lessons for employers.
April 15, 2024

The impact of the Economic Crime and Transparency Act 2023 on local authorities and their companies

Sophie Alexander provides a critical analysis of the likely impact of the Economic Crime & Corporate Transparency Act 2023 on local authorities and their companies.
April 15, 2024

Capacity, autonomy and the limits of the obligation to secure life

Alex Ruck Keene KC (Hon) examines an important, but curious, case about the limits of the duties imposed by Article 2 ECHR on public bodies to seek to secure the life of individuals in the community.
April 12, 2024

Back-to-back contracting sounds simple, but is it really?

We often hear the term ‘back-to-back’ contracting, but what does this mean, and what are the common themes to consider when faced with a construction project involving multiple parties? Rachel Murray-Smith and Sydney Rich look at the issues.
April 12, 2024

An accelerated planning system?

Simon Ricketts assesses the Government’s proposed new measures for an accelerated planning system intended to provide greater certainty to applicants and enable delivery partners to bring forward housing.
April 12, 2024

Schools and FOI

Hannah Moran looks at how schools and colleges should deal with freedom of information requests.
April 12, 2024

Procurement Act 2023 – Teckal & Hamburg Exemption

Melanie Pears and Tim Care analyse the new obligations on contracting authorities in relation to the Teckal & Hamburg Exemption, drawing attention to any key changes from previous procurement legislation which contracting authorities ought to be aware of.
April 12, 2024

Assessing allegations of non-accidental injury

The Court of Appeal recently allowed an appeal by the mother against a finding that injuries to a child were caused by one of six relatives who were present, rather than accident. Sara Chalk analyses the judgment.
April 11, 2024

Registration deadline extended for Registered Building Inspectors

The Health and Safety Executive (“HSE”) has extended the deadline for the registration of Registered Building Inspectors (“RBIs”) to 6 July 2024 following industry concerns. Ewan Anthony and Rachel Murray-Smith explain why.
April 10, 2024

The Welsh Housing Quality Standard (WHQS) – 1st April 2024 update

Alex Clarke sets out the key changes introduced this month to the Welsh Housing Quality Standard.
April 09, 2024

Meeting the Competence and Conduct Standard

Could the Competence and Conduct Standard affect the way you work? Thaine Wilson and Andrew Harmer look at its potential impact on the social housing sector.
April 09, 2024

Housing case law update – March 2024

Sarah Christy, Laura Waby and Sumi Begum round up the latest housing law cases and court decisions of interest to local authorities and housing associations.
April 09, 2024

Temporary accommodation – can councils weather the storm?

There is nothing 'perfect' about the storm local housing authorities are facing – and at the eye of that storm is temporary accommodation. The scale of the problem is daunting and, quite apart from the human cost, the financial cost is staggering, write Scott Dorling, Ian Doolittle and Sarah Monaghan.
April 05, 2024

Settling cases and interested parties in judicial review

A recent decision of Fordham J highlights some useful practice points about settling judicial review cases, writes Charlotte Tosti.
April 05, 2024

Extended appeals in SEN cases

Leon Glenister analyses a recent judicial review on “extended" appeals in special educational needs.
April 05, 2024

Making final determinations in the Court of Protection

Clare Middleton analyses a Court of Protection judgment concerning an important decision taken at a procedural hearing.
April 05, 2024

Levelling Up and Regeneration Act 2023 and abolishment of the “4 year rule”

Ed Telepneff examines a key proposal contained in the Levelling Up and Regeneration Act in relation to the time limit for enforcement against breaches of planning control.
April 05, 2024

Updated Protocol for Police Disclosure in the Family Court

Kate Fenwick provides a summary of the updated Protocol for Police Disclosure in the Family Court.
April 05, 2024

Not quite a blanket ban on mobile phones in schools: DfE guidance insights

The Department for Education (DfE) recently released new guidance in relation to mobile devices in schools and prohibiting the use of them through the school day. Alexandra Myers, Philip Wood and Richard Freeth look at the key points.
April 05, 2024

Flexible working and teachers

Jo Moseley looks at the challenges for schools in offering flexible working for teachers and how they can make it succeed.
April 05, 2024

Declaration of parentage

Sam Steggall provides a general guide to a declaration of parentage.
April 05, 2024

How to prepare for RSH inspections

Clive Adams looks at the steps social landlords can take to prepare for an inspection by the Regulator of Social Housing under the new regime.
April 05, 2024

Avoiding late payment in construction - a fair payment practices guide

Allan Owen and Clarice Harper-Smith consider a variety of methods and options available to public sector contracting authorities and the wider construction industry to avoid issues of late payment in construction contracts.
March 28, 2024

Procurement Act 2023 – Relaxation of section 17 Local Government Act 1988

Louis Sebastian and Rebecca Rees look at the Government’s plans to relax s17 of the Local Government Act 1988, which prohibits consideration of a wide range of "non-commercial matters" in procurement processes.
March 28, 2024

Delivering council-wide assurance

Perry Holmes explains what council-wide assurance means to Wiltshire Council and how it works in practice.
March 28, 2024

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At what point does a site cease to be “available” for the purposes of the sequential test? This was the question considered in a recent case, writes Katie Scuoler.
March 28, 2024

Conditions can only be imposed if found to be necessary

Gregory Jones KC analyses a recent case involving the application of the Blue Pencil Rule on a consent order.
March 27, 2024

Restructure and redundancy

Christian Grierson provides a refresher on the key principles around restructuring and redundancy.
March 26, 2024

The Family Court and Domestic Abuse – Any change?

Hannah Rought-Brooks looks at recent developments in relation to the Istanbul Convention on preventing violence against women, and sets out the key recommendations from an important report published by the Domestic Abuse Commissioner.
March 26, 2024

Part 25 Applications and the test of necessity

Amjad Kadhim explores the issue of applications for expert evidence under Part 25 Family Procedure Rules 2010 in light of a recent Family Division case decided..
March 26, 2024

Lieven J puts the (Cheshire West) cat amongst the pigeons

A High Court judge recently refused a local authority’s application for a deprivation of liberty (DoL) order in respect of a 12-year-old girl with “profound and enduring” disabilities. Alex Ruck Keene KC (Hon) analyses the ruling.
March 26, 2024

Education otherwise than at school: what local authorities can do

Megan Oakley looks at the key considerations for local authorities when it comes to special educational provision through EOTAS.
March 26, 2024

Overseas travel for adults lacking capacity

What is in the best interests of a person with learning disabilities and lacking mental capacity when planning foreign travel? Gemma Eason and Emma Bergin analyse a recent Court of Appeal ruling.
March 25, 2024

The Public Guardian and applications to revoke lasting powers of attorney

The Office of the Public Guardian was recently ordered to pay costs after the dismissal of its application to the Court of Protection to revoke lasting powers of attorney. Christine Cooper explains why.