Duties of care

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Kirklees leader slams court closure programme
03/09/10: The Leader of Kirkless Council has hit out at the government’s proposed programme of court closures, arguing that the outcome could be “more expensive and less effective justice”.

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.

Manchester CC and LSC commission £8.9m advice service
02/09/10: Manchester City Council and the Legal Services Commission have joined together to commission Manchester Citizens Advice Bureau to run a city-wide legal advice service.

Shoesmith granted leave to appeal against Haringey and Secretary of State
01/09/10: Sharon Shoesmith has today been given permission to appeal in her judicial review action against the London Borough of Haringey and the then Secretary of State for Children, Schools and Families.

Air of normality
The Court of Appeal judgment in the case of Jonathan Harvey v Plymouth City Council on 29 July 2010 is an important decision for local government when it comes to occupiers' liability, writes Paul McClorey.

Balancing act
At what point should confidential tender documents be disclosed in the event of a procurement dispute? Jenny Beresford-Jones examines the dilemmas facing lawyers.

Council chiefs call on government to close litter lout loophole
26/08/10: Local government chiefs have called on the government to close a legal loophole that they claim makes it difficult and often very expensive for councils to tackle litter lout motorists.

Scrap low-level criminal offences in regulatory field, says Law Commission
Low-level criminal offences in the regulatory arena should be scrapped and a greater emphasis placed on the use of civil sanctions, the government's law reform advisory body argued this week.

Judge docks council costs claim for use of too many senior counsel
The judge in the long-running litigation between Leicestershire County Council and a community group over the use of a school hall has awarded Leicestershire CC £1.125m in costs, £103,000 less than than the £1.228m claimed.

Right to suspend
The Supreme Court has found that there was no breach of a pupil's right to education, where he was unlawfully suspended from school but was provided with work to do and home tutoring. Isabel McArdle examines the ruling.

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".

Regulators consult on quality assurance for criminal advocates
The three principal frontline regulators of the legal profession have issued a consultation paper on a proposed quality assurance scheme for advocates in the criminal courts.

Making a mark
Croydon Council recently brought one of the first and largest local authority confiscation proceedings. Mark Anthony Rayner explains what was involved.

Credit referencing agencies to get role in benefit fraud crackdown: PM
10/08/10: Credit referencing agencies could have a role to play in cracking down on benefit fraud, the Prime Minister has said. David Cameron said the state should be no different from the private sector in using all options available.

Oxfordshire fends off £4m compensation claim
Oxfordshire County Council has successfully defended a claim for more than £4m from a disabled girl over the local authority’s alleged failure to secure compensation promptly on her behalf.

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.

Committee calls for overhaul of rules of Court of Protection
The procedure and practice of the Court of Protection should be overhauled to reflect the significant differences in nature of the categories of work undertaken, a committee examining possible changes to the rules has said.

MoJ to consult on Jackson CFA reforms "as a matter of priority"
The government is to consult on Lord Justice Jackson’s recommendations in relation to conditional fee agreements in the autumn “as a matter of priority”, Justice Minister Jonathan Djanogly has announced.

Pay-off lines
A recent Court of Appeal case shows how legal departments at public bodies need to be careful how they defend the inevitable disputes over compensation packages for senior management, writes Nick Siddall.

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.

Disabled girl sues Oxfordshire CC for £4m over compensation delay
Oxfordshire County Council is being sued for more than £4m by a disabled girl who claims that the local authority failed to secure compensation promptly on her behalf, the BBC has reported.

Failure to serve bills promptly sees council lose huge sum in business rates
North Somerset District Council looks set to miss out on hundreds of thousands of pounds in business rates after failing to issue bills promptly. The High Court ruled that three defendants had suffered substantial prejudice.

History revisited
The High Court has recently provided important guidance on quantum in historical abuse claims. Peter Wake looks at the implications of the ruling for local authorities.

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

Union calls for greater council tax collection powers as debts exceed £1bn
The GMB union has published the results of its survey into uncollected rates of council tax and business rates across England and called on the government to increase the powers available to councils to chase unpaid debts.

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 more 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.

Making a mark
Croydon Council recently brought one of the first local authority confiscation proceedings, following a successful prosecution for various offences of trade marks and copyright infringements. Mark Anthony Rayner explains what was involved.

Businesses sceptical about ability of councils to regulate
Almost half of businesses think that local authorities do not understand their sector well enough to regulate them, according to research. Survey respondents also criticised a lack of consistency in enforcement.

Local authorities reveal construction contractor woes
Some 70% of the 32 local authorities that took part in a survey by Constructionline have seen a construction supplier they used regularly become insolvent in the last twelve months.

Appeal court finds council liable to pedestrian after failure to cut vegetation
The Court of Appeal has held that a highways authority still owed a duty of care to a pedestrian even though she was careless in how she crossed a busy road. Newham had failed to cut back vegetation in the middle of the crossing.

Employment Tribunals see claims rise to record level
There was a 56% rise in Employment Tribunal claims between 2008/09 and 2009/10, the Tribunals Service has revealed. The increase was put down to a rise in multiple claims and the effect of the changing economic climate.

Lambeth and Southwark to set up  £10m barristers framework agreement
Southwark and Lambeth councils are set to launch a £10m, four-year inter-boroughs framework agreement aimed at securing "significant reductions" in the cost of barristers’ services.

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.

Leading judge slams Straw reforms to transparency in family courts
A senior judge has criticised legislation introduced by former Lord Chancellor Jack Straw in a bid to introduce greater transparency into the family courts, describing it as a “lost opportunity” to generate public confidence.

Haringey pays out after libelling social worker in Baby P case
A social worker at the London Borough of Haringey has received an apology and compensation from the council after suing her employer for libel. The local authority had contradicted Sylvia Henry's version of events.

Leeds fails to get procurement claim over arena development thrown out
Leeds City Council has failed to get a developer’s claim that the local authority breached procurement laws thrown out. Montpellier Estates claims it was treated "appallingly" and "led down the garden path".

Court of Appeal rejects quashing of convictions due to Directive non-compliance
The prospect of all convictions under the Video Recording Act 1984 being quashed has receded after the Court of Appeal ruled that the government's accidental non-compliance with a directive was not enough to quash convictions.

More than 150 courts face axe as MoJ looks to rationalise operations
The government is to consult on a radical shake-up of the justice system that could lead to the closure of 103 magistrates’ and 54 county courts. The closures would affect almost a third of HM Courts Services' entire estate.

Government launches "Whitehall-wide" review of health and safety law
The government has launched a review of health and safety law and practice that the Prime Minister hopes will lead to a “sensible new approach” to applying the legislation.

LBRO hails primary authority scheme, launches review of enforcement priorities
Research has shown that the primary authority scheme of local regulation is delivering savings to businesses, the Local Better Regulation Office has said. The claim comes as the LBRO launches a review of enforcement priorities.

Corby contamination compensation and legal bill revealed as £14.6m
Corby Borough Council has revealed that the total cost of its recent settlement with victims of its failure to properly decontaminate a former steelworks is £14.6m, including the compensation paid to victims and both sides' legal costs.

Brent recovers £800,000 in crackdown on single person council tax discount
The London Borough of Brent has recouped some £800,000 following a nine-month investigation into residents who were wrongly claiming the single person council tax discount.

Due process
How can local authorities deal with people who refuse to engage with their complaints and appeals procedures? Georgina Rowley considers a recent key High Court decision.

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.

Mediators forecast surge in mediation usage in public sector
Disputes involving the public sector will – alongside employment and personal injury cases – see the most growth in mediation over the next two years, mediators have predicted.

Watchdog calls on councils to make greater use of National Fraud Initiative
The Audit Commission has called on local authorities to ensure that its National Fraud Initiative - which matches data within and between public sectors organisations – is integral to their corporate arrangements for tackling fraud.

Staying private
City of York Council recently won a test case to maintain the privacy of property search information. Neil Harrison outlines the issues raised.

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.

Councils win local legislation to act against rogue street traders
Two councils have won their bids for new legislation to crackdown on illegal pedlars, following the Manchester City Council Act and the Bournemouth Borough Council Act receiving royal assent on 8 April 2010.

CAB urges council tax collection rethink as bailiff complaints rise by 30%
Councils should re-think the ways that they pursue unpaid council tax debts the Citizens Advice Bureau (CAB) has said after recording a 30%  increase in the number of people seeking help to deal with bailiffs chasing unpaid council.

MoJ gives green light to new rights of audience qualification for solicitors
The Ministry of Justice has given the go-ahead to the Solicitors Regulation Authority’s new regime for solicitors gaining higher rights of audience, which will see separate awards for criminal and civil advocacy.

Legal Standards Board approves 'historic' changes to role of barristers
The LSB has approved the Bar Standards Board's proposals which will allow barristers to work in partnership with each other and solicitors and expand the range of activities that barristers are permitted to undertake.

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.

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.

Cheltenham's attempt to sue former MD "over-emphasised" legal advice: KPMG
Council’s failed attempt to sue its former managing director was hampered by a lack of clarity in its constitution, flaws in its decision-making process and an over-emphasis on legal matters, a report by auditors KMPG has found.

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.

The price is right?
Judical reviews provide crucial guidance on the limits of power of public authorities, but do budget cuts mean that this valuable tool will become too expensive? Azadeh Khalilizadh investigates.

Environment Agency consults on use of new enforcement powers
The Environment Agency has launched a consultation on implementing its new civil sanction enforcement powers which include the ability to issue fixed or variable monetary penalty notices.

Local authority lawyer employment T&Cs "should allow part-time judicial role"
The terms and conditions of employment for all employed lawyers, including those working for local authorities, should permit them to carry out a part-time judicial role, the Advisory Panel on Judicial Diversity has recommended.

Telling it straight
The Solicitors in Local Government group is seeking views from local authorities on how they might be affected by the Jackson Review.

MoJ overhauls legal aid to weed out "hopeless" judicial reviews
The government has launched a revamp of the civil legal aid system in a bid to put a stop to low-value damages claims and “hopeless” judicial reviews.

Jackson goes public
How Lord Justice Jackson's review of civil litigation costs affect the public sector? David Knapp, Claire Petts and David Abraham take an in-depth look.

Judicial appointments body seeks more applications from solicitors
The Judicial Appointments Commission has combined with the Law Society to launch a new training and education package that is designed to boost diversity and encourage more solicitors to become judges.

Ministry of Justice steps in to bolster law centres
The Ministry of Justice and the South West London Law Centre are testing a new business model for law centres which is designed to deliver a more sustainable future for the sector.

Fair enough?
The Court of Appeal has ruled on the responsibility for councils to ensure liability insurance is in place for a public event, writes Peter Wake.

A statement of intent
Pre-packaged insolvencies are increasingly common. Morgan Bowen looks at the background and the implications for local authorities.

Fit for the future?
Hugh Tomlinson QC looks at what changes the introduction of the Supreme Court might bring to the litigation landscape.

Seizing the initiative
Have local authorities been granted “Al Capone” powers under the Proceeds of Crime Act 2002, as some have suggested?  Nicholas Dean QC and Jennifer Carter-Manning look at the reality behind the hype.

The early bird
The recession and funding cuts may finally increase the use of alternative dispute resolution techniques by local authorities. Kathy Garside explains what is involved with early neutral evaluation

Blurring the lines
The Coroners & Justice Bill 2009 aims to deliver a more effective, transparent and responsive coronial system. Fiona Butler examines the wider scope that inquests can take and how local authorities should be prepared.

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