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Law Commission proposes ombudsmen shake-up to make complaining easier
02/09/10: Public service ombudsmen should be given a statutory discretion to dispense with the requirement that investigations be conducted in private, the Law Commission has proposed.

ACSeS to explore relationship between chief executives and chief legal officers
01/09/10: ACSeS is to conduct research into the relationship between chief executives and chief legal officers. The survey will consider a range of issues, including whether the CLO is expected to play a wider role than traditionally.

Free up councils by abolishing ultra vires principle, says think tank
31/08/10: The government should abolish the ultra vires principle and allow councils to implement actions unless they are expressly forbidden by law, a think tank has argued. The NLGN called for councils to be given clear legal freedom.

Government announces streamlined regime for the approval of new by-laws
31/08/10: Councils will no longer need to get the approval of ministers before creating or scrapping by-laws, the government has announced, with councils instead being required to consult with local residents before changes are made.

Scottish watchdog warns of tensions between councillors and officers
31/08/10: The Accounts Commission for Scotland has issued a report on effective working relationships amid concerns that financial pressures could put strain on relations between councillors and officers.

Same difference?
As councils up and down the country begin the process of setting up Local Enterprise Partnerships, Nicholas Dobson highlights the issues they create for local authorities.

Act Now
The introduction of the Bribery Act may have been put back to next April, but that does not mean that local authorities should not begin to prepare for its impact now, says Andrew Gillett.

Duties of care
The High Court has handed down judgment in in favour of Oxfordshire County Council in an action that has implications for all local authorities and their insurers, writes Tom Walshaw.

Tribunal rules that monitoring officer was not legally privileged
A report prepared by a monitoring officer who was also a qualified solicitor was not legally privileged, a tribunal has ruled. There was no evidence, beyond assertion, that the officer was acting in her professional capacity.

London boroughs outline vision for new breed of foundation councils
Three London boroughs have called for a range of powers to be handed to a proposed new breed of ‘Foundation Council’. This would include allowing them to set local fees and charges, including variable business rates.

Government sets up taskforce to reduce third sector red tape
The government has announced the creation of a new taskforce aimed at reducing the bureaucratic burden faced by voluntary organisations in an effort to make easier for them to provide public services.

Audit Commission disbanded after "losing its way"
The Audit Commission is to be disbanded with its auditing functions handed to the private sector and councils given the freedom to appoint their own independent external auditors, the DCLG has announced.

Cabinet Office unveils 12 pathfinder mutuals for public sector spin-outs
A project to integrate community health and adult social services in Swindon into a co-operative is among the first wave of 12 pathfinder mutuals to get the go-ahead, the Cabinet Office has announced.

RIPA reviewed - again
The government has promised a review of RIPA and to limit local authorities’ use of its powers to stopping serious crime. Ibrahim Hasan assesses what this means for councils and their lawyers.

A model mutual
Those considering the mutual model for delivering public services will have to choose between a number of different legal structures. Making sure that they pick the right one will be essential, writes David Wall.

Here's an idea
The coalition is promising an array of legislative changes "designed to turn government on its head". John Emms makes an impassioned plea for the public sector to be given enough time to make it work.

LGA sets out "top five" suggestions for lifting burden on councils
The Local Government Association has sent ministers its “top five” suggestions for cutting the burden on local authorities in a dossier outlining the bureaucracy, red tape and outdated laws councils face.

ICT managers warn of rise in challenges from providers over open data
The coalition government’s policies on open data and transparency could lead to challenges from suppliers on the grounds of commercial confidentiality, a briefing by an association of ICT managers has suggested.

Scottish Government mulls extension of FOI laws to wider range of bodies
The Scottish Government is to consult on extending coverage of freedom of information laws to a wider range of public bodies. They include leisure, sport and cultural trusts and bodies used by councils.

Local authority loses school catchment surveillance case
Poole Borough Council has apologised to a mother and her family after the Investigatory Powers Tribunal ruled that a three-week period of directed surveillance conducted by the local authority was unlawful.

Electoral Commission proposes series of reforms after election chaos
The chaos that saw voters locked out of polling stations on general election day has damaged voter confidence in the process, the Electoral Commission has said as it unveiled a raft of proposed reforms.

LEPs of faith
The government is to replace regional development agencies with local enterprise partnerships. Whether the change of approach will be successful remains to be seen, writes Steven Smith.

Housing and planning lead list of complaints to LGO
Housing and planning topped the list of subjects for public complaints to the Local Government Ombudsmen in 2009/10, its annual report shows. Education was the third most complained of subject area.

Pickles promises general power in Localism Bill, attacks lack of ambition
The general power of competence that local government “has been crying out for” will be included in the Localism Bill, the Communities Secretary has said. He also called on councils to make more use of existing wellbeing powers.

Dorset councils unveil plan for joint workforce and single officer structure
Councillors at West Dorset District Council and Weymouth and Portland Borough Council have approved radical plans to create a single officer structure and joint workforce, the first time such a move has been attempted.

Into the void
The abolition of both the Standards Board and the pre-determination rule leaves lawyers and councillors completely in the dark about how they will be replaced, writes Mark Smulian.

Communities Secretary paves way for return to committee system
A provision allowing local authorities to ditch cabinets and go back to the committee system will be included in the Local Government Bill, Communities Secretary Eric Pickles has said.

Authorities "exposed and vulnerable" over risk management, says insurer
Councils are failing to keep pace with the changing nature of risk in the era of “more for less” government, Zurich Municipal has warned. Too often their approach to risk management is disjointed and tackled in silos.

Government Offices latest to go in cuts to regional government
The eight Government Offices for the Regions are to be axed, with the Communities Secretary describing them as “interfering” and "part of the ‘command and control’ apparatus of England’s over-centralised state".

Lansley proposes statutory partnership boards in healthcare shake-up
The government has fleshed out its plan to hand councils a greater role in healthcare, launching two consultations on elements in its recent White Paper. They include a proposal for statutory "health and wellbeing boards".

Information Commissioner vows to get tough with new enforcement policy
The Information Commissioner’s Office has promised to take a tougher approach to enforcement against public authorities that routinely breach freedom of information legislation.

LGO publishes review of complaints handling for every council in England
The Local Government Ombudsman has published year-end reviews for all local authorities in England, outlining their performance in relation to complaints including response times and the level of liaison with the LGO.

Get decisions right first time and hold independent reviews, says tribunals chief
Local authorities and other public sector bodies need to focus much more on getting their decisions right first time following a surge in appeals, the chairman of the Administrative, Justice and Tribunals Council has claimed.

PM promises handover of powers to communities in Big Society plan
Local communities will have new powers to take over the running of parks, libraries and post offices as well as to plan “the look, size, shape and feel” of housing developments, the Prime Minister has said.

Here for good? - pt 2
It appears that the Freedom of Information Act is here to stay. In the second of a three-part series, Anya Proops highlights some of the recent key rulings.

Internal affairs
As public bodies struggle to cope with the volume of FOI requests, Louise Townsend looks at how they can best approach the complaints handling process.

In the open
Dr Lawrence Serewicz asks whether the disclosure of civil servants’ salaries is a welcome move to greater openness and transparency or potentially more trouble than it is worth.

Welsh ministers to pursue greater collaboration under new measure
Welsh ministers will be able to issue statutory guidance encouraging greater collaboration between local authorities, and between councils and other bodies, under a far-reaching measure – or law – proposed this week.

Westminster demands "foundation" status for top-performing councils
The leader of Westminster Council has called on the government to give top-performing local authorities “foundation” status, with control over business rates and freedom from government inspections.

ICO slaps down councils over "poor regard" for safety of children's data
The data protection watchdog has taken three councils to task for lax security and a failure to provide staff training on data protection, saying that the details of more than 9,000 children were put at risk in one incident alone.

Shapps to axe need for consultations over elected mayor or council leader
Eric Pickles has published a list of secondary legislation that his department intends to revoke and asked council staff to suggest other pieces of DCLG legislation, guidance or regulation which should be removed.

DCLG publishes list of legislation for revocation and asks for more suggestions
Eric Pickles has published a list of secondary legislation that his department intends to revoke and asked council staff to suggest other pieces of DCLG legislation, guidance or regulation which should be removed.

City councils forced to hold emergency elections after unitaries ruling
The city councils in Exeter and Norwich will have to hold emergency elections after a judge ruled that his decision to quash their unitary status meant 13 councillors at each council would have to have their offices terminated.

Blackburn plans merger and "far more advanced" integration with care trust
Blackburn with Darwen Borough Council is to merge its senior management with the local care trust in a move predicted to lead to "far more advanced" integration than exists so far in other parts of the country.

European Commission tells UK to beef up ICO's powers
The European Commission has told the UK to strengthen the powers of the Information Commissioner’s Office or face action. Restrictions on the ICO's powers meant the level of protection required by EU rules has not been met.

Government outlines vision for self-funded local economic partnerships
The coalition government has fleshed out more detail of how local economic partnerships (LEPs) – the planned replacements for regional development agencies – will work in practice.

Pickles takes aim at "town hall Pravdas", confirms end of CAA
The Secretary of State for Communities and Local Government is planning to clamp down on council-run newspapers. He has also written to council leaders confirming the end of Comprehensive Area Assessments.

DCLG confirms plan to close Standards Board and scrap pre-determination rule
The government last week vowed to press ahead with plans to scrap the Standards Board through the Decentralisation and Localism Bill, describing the body as a “burden and a threat” to councillors.

Here for good?
It appears that the Freedom of Information Act is here to stay. In the first of a three-part series, Anya Proops highlights the key rulings.

A privileged position
Nicholas Dobson looks at the background to and implications of the recent decision to prosecute three MPs and a member of the House of Lords for false accounting despite the claim of Parliamentary privilege

High Court judge quashes Exeter and Norwich unitary orders
The final nail in the coffin for the proposed unitary authorities in Exeter and Norwich looks to have been hammered in today after a High Court judge quashed the orders establishing them.

Cut to the chase
A new strategy for preventing fraud could help local authorities to ameliorate the impact of budget cuts, suggests Jim Gee.

Out with the old...
Samantha Aikenhead assesses the ability of the new government to deliver the legislation that it has planned for the next 18 months.

General awareness among decision-makers of equality matters "not enough"
The Local Government Ombudsman has recommended that a borough council ensure it has due regard to its duties under the Disability Discrimination Act rather than rely on decision-makers’ general awareness of equality matters.

Shared officers the "default" position, says Welsh Local Government Minister
The default position when a senior officer leaves a local authority in Wales should be for the council to seek a joint appointment with a neighbouring authority or another public sector organisation, the Welsh local government minister has said.

From here to equality
The Equality Act’s progress through Parliament was tortuous but it did finally make it through to the statute book. Charlotte Cooper examines some of the key challenges it poses for public authorities.

Lords unitaries defeat gives glimmer of hope to Norwich and Exeter
City councils in Exeter and Norwich may yet get a chance to put their arguments across to Parliament over why they should become unitary authorities, after the coalition government lost a vote in the House of Lords.

DCLG urges councils to publish £500+ spend, shies away from legal requirement
Local authorities should publish details of all spending over £500 in full and online as part of a "revolution in town hall openness and accountability," Eric Pickles has urged. This would "unleash an army of armchair auditors", he added.

First amongst equals?
The move towards Total Place and the need to deliver cost savings is prompting councils to look at shared chief executives. Sarah Lamont examines the advantages – and challenges – of such arrangements.

Law Commission expands its review of public sector ombudsmen
The Law Commisson is to expand the scope of its review of the roles and operations of the public sector ombudsmen, and has opened the door to self-generated investigations.

Called to account
International Financial Reporting Standards (IFRS) have finally been adopted by local government. Paul Mason from CIPFA explains why this accounting change is of interest to lawyers as well as accountants.

North Tyneside guilty of maladministration after barring man from meetings
The Local Government Ombudsman has found North Tyneside Council guilty of maladministration after it barred a man from council meetings. Anne Seex called on the council to train staff on the public's right to attend.

Lambeth sets out goal of being UK's first co-operative council by 2014
Lambeth Council has announced its intention to become the country's first-ever co-operative council, and is considering offering taxpayers a discount on their council tax if they get involved in running local services.

Details of Decentralisation and Localism Bill set out in Queen's Speech
The government has set out the details of its Decentralisation and Localism Bill, which is set to radically shake-up many aspects of council governance and responsibility and introduces a general power of competence.

Queen's Speech: Public Bodies (Reform) Bill
The Public Bodies (Reform) Bill will increase the transparency of decision-making and save £1bn per year by reducing the number of quangos and transferring their powers to local authorities or government departments.

A kick in the ballots
Events at various polling stations on election night generated huge controversy after people were unable to vote. Bethan Evans and Emily Heard explain what it means for local authorities.

Coalition government programme: the impact on local government
The government has published a more detailed copy of the coalition agreement between the Conservative and Liberal Democrat parties, which contains a wide range of measures which will affect local authorities and partner bodies.

Councils conducting 11 RIPA investigations "every day": campaign group
372 local authorities in Great Britain have conducted surveillance under RIPA in 8,575 cases over the last two years, research by Big Brother Watch has claimed. The group called on the government to strip councils of their powers.

Do the right thing
How should public sector organisations respond to requests for procurement information? Some recent rulings suggest that the devil is in the details of the documents in question, writes Ibrahim Hasan.

The new seekers
A recent Information Rights Tribunal decision highlights may make local authorities reconsider how they respond to requests under the Environmental Information Regulations 2000, writes Jane Oldham.

Open season
The GLA's London Data Store has been hailed as a major step forward in making information available to the public. Elaine Fletcher looks at the legal challenges involved.

Keeping it clean
The general election looks set to be a very close-run affair. Oliver Sweeney looks at the steps that local authorities can take to minimise the risk of electoral fraud and vote-rigging.

Leading questions
Deborah Collins asks whether the time has come for changes to the Standards Regime in Local Government in an attempt to make it easier to understand?

Panel games
Earlier this year the Adjudication Panel for England became the First-tier Tribunal. The move represents much more than a name change, writes Claire Lefort.

Staying straight
The Bribery Act 2010, which overhauls the country’s outdated anti-corruption laws, has just received Royal Assent. Jenny Beresford-Jones looks at what it means for local authorities.

Business as usual?
Purdah - or PERP - is treated very differently by individual local authorities, creating a real headache for monitoring officers. Mark Hynes outlines how the new guidance developed by ACSeS can help.

Pitfalls and processes
In the second part of his article on the transition to a ‘Strong Leader Plus’ model of executive, Peter Keith-Lucas looks at the three-stage process for change and the practical implications.

Power to the people
The Local Government Association this month published a draft bill that would give local authorities a power of general competence. Here it explains why this power is sorely needed.

Government issues statutory guidance on new petitions duty
The government has issued statutory guidance setting out how councils should meet the new duty to respond to all petitions, the majority of which comes into force on 15 June 2010.

Delivering Total Place
The Total Place report was always likely to be a more significant announcement for local government than the budget. Bethan Evans and Stephen Hughes look at the legal issues the initiative throws up.

A test of strength
The transition to a ‘Strong Leader Plus’ model of executive, complex, time consuming and potentially disruptive for those authorities required to make it, writes Peter Keith-Lucas

Getting your way
Local authorities are increasingly using lobbying and media relations techniques alongside traditional legal tools such as judicial review. Matthew Davies looks at some recent campaigns.

York City Council wins key property search battle
York City Council has successfully fended off a judicial review action by a property search company over its refusal to provide access to information on properties being marketed.

A new era
Both of the main parties have suggested that they will introduce mutual models for delivering public services. Mark Johnson assesses the options.

Going undercover
Significant changes to the way councils conduct covert surveillance are imminent. Ibrahim Hasan looks at the impact on local authorities.

Standards Framework set for changes after review
Standards for England is to recommend a number of changes to the local government standards framework, following the results of its recent consultation exercise into the effectiveness of the framework introduced in 2007.

Unlocking the code
Standards for England's Freda Sharkey and Simon Bird QC look at how standards committees should consider perceived bias and predetermination.

Power struggles
As the main political parties promise to give more power to councils, Judith Barnes looks at what greater well-being powers would actually mean in practice.

All together now
The momentum towards shared services seems unstoppable. Bethan Evans looks at how local authority lawyers can mitigate the risks.

NAPF calls for independent commission on public sector pensions
The National Association of Pension Funds has called for an independent commission to look at public sector pensions, as a number of local authorities consider bringing their schemes more into line with the private sector.

BAA Humbug...
The recent reversal of a key Competition Commission ruling is a timely reminder of the need for public authorities of all kinds to avoid the perception of bias.

DCLG backs bill to compel service providers to attend scrutiny hearings
The government has said it would back a Private Member’s Bill giving councils a new power to haul organisations before public scrutiny hearings.

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