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Strong constitution

A recent Court of Appeal decision highlights the need for local authority lawyers to give long-established council procedures a robust healthcheck, writes Nicholas Dobson.

Things are always fine until they’re not fine. So they can roll along very nicely for months, maybe years before suddenly - bump! A resounding crash, leaving everyone (as the old rock song had it) “all shook up”.

It is often the aggrieved who have the drive to commit the substantial time and resources to upturning acres of moss-covered legal stones to unearth the creepy-crawlies beneath. Read more...

Home_schooling_iStock_000004514819XSmall_thumbEducating at home
The tragic case of Khyra Ishaq has raised fresh questions about the extent that the home schooling of children should be permitted and regulated. Clive Sheldon examines the powers open to and duties of local authorities.

Mud_iStock_000004095506XSmall_thumbMuddying the issue
Stephen Claus looks at how the increasing pressure on local authorities to do more with less is leading some to inappropriately deal with recreation grounds.

House trained
As budgets come under scrutiny and fewer public sector employees seem destined to be charged with delivering more, Ann Harlow explains why training is more important than ever.

Same difference?
Nicholas Dobson highlights the key differences between Local Economic Partnerships and the Regional Development Agencies that they are intended to replace and the issues they create for local authorities.

Here's an idea
The coalition has promised to "turn government on its head". John Emms makes an impassioned plea for the public sector to be given enough time to make sure its plans work.

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.

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

Tips for the top
ACSeS recently hosted the Leadership Summit, a seminar for local government lawyers looking to progress to chief executive roles. Nicholas Dobson recalls the highlights.

Backing reform
The Law Commission's four-month public consultation on reform of adult social care law ended on 1 July. Tim Spencer-Lane summarises some of the views expressed and insights gained from the consultation period.

Equal to the task
Ben Patrick of Unison responds to calls from Kim Howell for the government to instigate a wide-ranging review of equal pay laws in the UK. He also urges councils to ditch "spurious defences".

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.

Pickles 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, the Communities Secretary has said in an interview with Total Politics.

Big can be beautiful
With some 50 local authorities as members, EM Lawshare is comfortably the largest legal services consortium in the UK and earlier this year it unveiled a revamped panel of law firms.

The new normal
Ethical behaviour is the distinguishing feature of professionals, but in the 21st century,doing the right thing goes beyond the traditional professional rules, writes Paul Gilbert.

Mixed messages
Jon Hart looks at the contractual position of those schools projects which find themselves “stopped” or “subject to review” following the curtailment of the BSF programme.

Life after BSF
Following the announcement that the Building Schools for the Future programme is to be curtailed, Adrian Turner considers the options open to local authorities.

Into the void
The government's announcement that it is to abolish both the Standards Board and the pre-determination rule has been welcomed in some quarters, but leaves councillors in the dark about how they will be replaced, writes Mark Smulian.

Into the void
The government's announcement that it is to abolish both the Standards Board and the pre-determination rule has been welcomed in some quarters, but leaves councillors in the dark about how they will be replaced, writes Mark Smulian.

The better part of valour
The ability of public bodies to use their discretion when procuring supplies or services is constantly being tested in court. Jenny Beresford-Jones looks at the lessons from recent case law.

Fit for the future?
Are ProcureCos the beginning of an integrated legal profession or a false dawn? Ian Dodd assesses the Bar Council's recent guidance and looks at the potential benefits for local authorities.

A timely boost for projects
What can local authorities do to kick-start regeneration projects in a difficult market? Lesley-Anne Avis examines their options, which include deferred purchase prices, geared leases and underage as well as overage.

Ready for a revolution
The open invitation to new groups to make their bids for free schools is bound to lead to a large number of applications. Graham Burns sets out the key elements of the government's new proposals.

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.

A new start
On 26 May 2010 the Government launched its Academies Bill. Graham Burns looks at the anticipated changes that this will make to the current academy programme.

Partners in crime
Social landlords not only have to tackle anti-social behaviour but also provide evidence of how they are doing so. But their ability to do this is constrained by the ongoing challenge of ensuring effective partnership working, writes Mark Smulian.

Here we go...again
Public sector employers need to think carefully about their approach to the employment challenges the month-long world cup will inevitably bring, writes Claire-Jane Nicol.

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

Fair shares
Now that it is finally on the Statute Book, Charlotte Cooper examines some of the key challenges the new Equality Act poses for public authorities.

Power to the people?
Stephen Ashworth suggests that the government's new commitment to localism may not prove to be quite as radical as it first appears.

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.

Back to the top
It is well documented that the last 20 years or so has seen a significant decline in the number of local government chief executives being appointed from a legal background, writes Martin Tucker.

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

Austerity now
Severe belt-tightening in prospect for the public sector. It makes sense to take the initiative before the heavies start battering at your door, writes Nicholas Dobson.

The state we're in
One of the lessons of previous periods of austerity in local government is that cutting back on training budgets can create long-term skills shortages in local authority legal teams, writes Dudley Lewis.

The final straw
When is treatment of an employee so poor that they can walk out and claim that they have been constructively dismissed? Jeanette Wheeler looks at how employers can avoid expensive litigation.

Paper promises
The government's proposals for Total Place are not radical enough, writes Mike Morgan-Giles.

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?

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.

Summing up
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 it throws up.

Sense and sensitivity
The report into  Cheltenham BC's claim against its former MD highlights the need for careful application of governance principles when handling major difficult cases, writes Claire Lefort.

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

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

Time to go
Severance deals in the public sector often hit the headlines in the local and national press. Melanie Carter looks at the role of the external auditor in this sensitive area.

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.

Seen, but not heard
Children are the biggest losers from the crisis at Cafcass according to Time for Children, a recent survey of work in public law care proceedings conducted by Nagalro, writes Alison Paddle.

Show me the money
Mark Hynes offers a personal reflection on how legal  teams can make cost  savings without damaging the service they provide.

Keeping it together
Legal duties at election time are significant, writes Paul Feild. To maintain community cohesion, forward planning and working closely with partners such as the police are vital.

Cuts both ways
How can councils make economies in their social services provision without falling foul of the law? Nicola Williams identifies the pitfalls for local authorities.

Cheating the system
Fraudulent applications for school places are on the rise but the ability of admissions authorities to do anything about it is limited, writes Mark Blois.

A matter of public concern
It is vital to raise awareness of private fostering and the need for carers to notify their local authorities, writes David Holmes, chief executive of the British Association for Adoption & Fostering.

Tough love
Could a lack of resources mean that Family Intervention Projects fail to deliver on their initial promise? Grania Langdon-Down investigates.

Promise unfulfilled
Integrated Transport Authorities have the potential to deliver major improvements, but little headway has been made. Nick Evans explains why.

The alchemists
There are few legal careers as stimulating as being an in-house lawyer, says Paul Gilbert. But what sets apart a grea

Softly does it...
The vast majority of legal training focuses on technical issues, but legal teams need to focus on 'soft' skills if they are to be truly valued by their clients.

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.

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.

The last resort
Redundancy should be the last way that councils seek to cut costs. Chris Knuckey assesses the alternative options for councils seeking to save money.

United we stand
The TSA’s New Regulatory Framework comes into force on 1 April 2010. Nick Billingham examines what it means for local authorities and ALMOs.

Jackson disclosed
Jackson's review of civil litigation will have a fundamental effect on the way that the disclosure process is handled, even if his other recommendations never come to pass, writes Chris Dale.

Mixed blessings
Kevin Barrett looks at whether the introduction of adjudication for construction-related disputes has proved to be a burden or a boon for local authorities.

Ready for take-off?
The use of PPAs is again being endorsed by the government, writes Benjamin Dove-Seymour. Are they now set to become a permanent feature of the planning landscape?

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

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.

Easy does it
The national press has suggested that the recent case involving the provision of warden services was a major blow to Barnet’s ‘Easyjet’ model. However, as Peter Keith-Lucas explains, the rhetoric is not supported by the judgement.

A new environment
Climate change considerations are set to have a massive impact on local authority decision-making, writes Stephen Cirell, but many councils have yet to respond.

Funding the future
The council housing finance review could lead to the most far-reaching changes to local authority housing for decades, says Colin Woods.

Transforming the provision of services
The pressure on the public sector to restructure the services it provides is set to be overwhelming. Peter Keith-Lucas and David Owens look at the legal challenges and opportunities for smarter government and operational efficiency.

The political dimension
The legal arguments will run and run, but the real key to resolving the issues highlighted by the LAML case lies with our elected representatives rather than the courts says Graeme Creer.

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