December 13, 2019
This practice note from LexisNexis explains the criteria for assured tenancies (AT) and assured shorthold tenancies (AST) and the exceptions to those criteria, the main terms of AT and ASTs, the position regarding succession, and summarises a landlord’s obligations in respect of energy efficiency, gas safety and other health and safety obligations, right to rent and tenancy deposits.
December 05, 2019
Morayo Fagborun Bennett looks at the circumstances in which social housing tenancies can be transferred to another tenant.
October 11, 2019
Sue Willman, senior partner at Deighton Pierce Glynn, analyses the case of R (on the application of Campaign Against Arms Trade) v Secretary of State for International Trade (Amnesty International and others intervening) and its implications for UK arms trade.
October 11, 2019
Charles Streeten, barrister at Francis Taylor Building, explains how the court came to reject the claims for judicial review of the Heathrow runway expansion in R (on the application of Spurrier) v Secretary of State for Transport and other cases.
October 04, 2019
Duncan Fairgrieve and Jim Duffy, barristers at 1 Crown Office Row, examine the Supreme Court’s decision in Poole Borough Council v GN and another that the respondent local authority did not owe a common law duty of care to exercise its functions under the Children Act 1989 to protect the appellants, who were children of a family which it had housed, from harm at the hands of anti-social neighbours.
October 04, 2019
Lucy James looks at the legal effect of a decision to abandon a procurement exercise and whether it extinguishes an accrued cause of action a bidder may have against a contracting authority for breaches of the Public Contracts Regulations 2015 SI 2015/102 (PCR 2015).
August 23, 2019
According to campaigners, more than 200 schools in England are cutting their school weeks short due to funding shortages. This raises questions over legal ramifications and the responsibility of the government. Jean Tsang, associate at Bates Wells and governor of a maintained primary school, addresses these questions and looks at the worrying effects of this ‘funding crisis’ on the ‘most vulnerable children’ in the educational system.
August 16, 2019
The case R (on the application of L, an infant (by his mother and litigation friend)) v Buckinghamshire County Council represents the first time when the High Court considered in detail the meaning of the ‘sufficiency duty’ in section 5A of the Childcare Act 2006 (ChA 2006) in the context of whether a council’s consultation on the closure of a number of children’s centres was unlawful or not. James Goudie QC examines the background to and the practical implications of the judgment.
August 09, 2019
The LexisPSL team outline the powers available to local authorities looking to establish a new market.
August 02, 2019
What are the circumstances which lead to a school being forced to become an academy, and is there anything that can be done to stop it happening? Katie Michelon provides an overview of the forced academisation process, and explains the options available to schools, parents and local authorities when faced with the possibility of an Academy Order.
June 13, 2019
Katherine Illsley outlines how a local authority should approach the situation where a parent to be assessed for the purposes of public children care lives in another jurisdiction.
June 07, 2019
The government recently published guidance on the Tenant Fees Act 2019 (TFA 2019). Robin Stewart and David Smith of Anthony Gold Solicitors look at some of the key questions relating to the guidance, including enforcement, penalties and some controversial aspects such as guidance pertaining to payment of damages.
June 07, 2019
Chris Stevenson, barrister at Fourteen, examines the Court of Appeal’s decision in Re B (children: uncertain perpetrator) to allow a father’s appeal against a Family Court judge’s finding that he was within a pool of possible perpetrators responsible for sexually transmitting gonorrhoea to three of his children (registration required).
May 24, 2019
In Gladman Developments Ltd v Canterbury City Council  EWCA Civ 669, the Court of Appeal dismissed an appeal by developer Gladman against the decision of the High Court to quash planning permission granted on appeal for a residential development on a site not allocated for development, not on previously developed land, and outside the existing built-up area.
May 24, 2019
Daljit Kaur looks at the implications for disability discrimination of a case concerning a nursery-age child prevented from accessing provision over 15 hours.
May 17, 2019
Richard Heller considers the potential impact of Qualter and others v Crown Court at Preston  EWHC 906 (Admin) could have on the way regional Trading Standards services investigate and prosecute criminal offences (registration required).
May 17, 2019
Can a parent with parental responsibility object to their child, who is subject to an interim care order, being taken on holiday by their foster parents?
May 10, 2019
Jason Hobday, associate at Womble Bond Dickinson, discusses the implications of recent government guidance documents which intend to enforce greater protections from rogue landlords (registration required).
May 09, 2019
Philip Kolvin QC examines the High Court’s decision in R (United Cabbies Group) v Westminster Magistrates’ Court to dismiss the claimant’s application for judicial review of a district judge’s grant of an operator’s licence for London private hire vehicles to the third interested party, Uber.
May 03, 2019
Morayo Fagborun Bennett looks at the Court of Appeal's decision on waiving offers of alternative accommodation and the lawfulness of an earlier review decision on a subsequent homelessness appplication in Godson v London Borough of Enfield  EWCA Civ 486.
May 03, 2019
Samuel Genen, solicitor at Steel & Shamash, comments on the case of R v D  EWCA Crim 209 where the Court of Appeal ruled that a failure to notify the local council of a change of address for the purpose of council tax did not constitute a criminal offence under the Fraud Act 2006 (FrA 2006). (Registration required)
March 22, 2019
Katherine Duncan explains how the court, in Re X, carried out a balancing exercise in determining whether a child, who was ward of the court, should be permitted to travel out of the jurisdiction to give evidence at a foreign criminal trial.
March 15, 2019
The case of Southend-on-Sea Borough Council v Meyers  EWHC 399 (Fam) highlights the wide and largely unfettered nature of the power to grant injunctive relief under the High Court’s inherent jurisdiction for the protection of vulnerable adults and the difficulty surrounding the issue of how the balance should be struck between protection of a person on grounds of vulnerability and respect for their autonomy, writes Bethan Harris.
October 23, 2018
LexisPSL Public Law, in partnership with Chris Bryden of 4 King’s Bench Walk analyse the key features of introductory tenancies.
October 17, 2018
In partnership with Alan Aisbett of Bryan Cave Leighton Paisner LLP, LexisPSL Public Sector examine the key issues in relation to housing stock transfers.
October 12, 2018
A number of recent cases have resulted in public sector decisions being quashed for lack of proper public consultation. Alex Dillistone, partner at Winckworth Sherwood, considers the importance of effective consultation.
September 20, 2018
Under the reform introduced by the Children and Families Act 2014 (CFA 2014), statements of special educational needs (SEN) are gradually being replaced with Education, Health and Care (EHC) plans for children and young people with the most complex special educational needs and disabilities.
September 13, 2018
This article explores the special provisions which apply to groups who are particularly vulnerable to homelessness and refers to the Homelessness Code of Guidance for Local Authorities, February 2018 (the 2018 Code).
September 07, 2018
Is there statutory or other prohibition preventing a person who lacks capacity succeeding to a secure tenancy in Wales if the section 87 of the Housing Act 1985 requirements are met?
August 31, 2018
In December 2017, the Technology and Construction Court (TCC) ruled that the Ministry of Defence (MoD) had breached public procurement law in relation to a public tender process for the Royal Navy.
June 01, 2018
LexisPSL Local Government, in partnership with Hannah Lynch of St Pauls Chambers, considers the key issues around post-19 education for young people with special educational needs and disabilities.
May 25, 2018
LexisPSL Local Government discusses when and how local government procurement officers should consider the application of the Public Services (Social Value) Act 2012 to procurement decisions.
May 18, 2018
On 14 March 2018, the government’s final response to the Law Commission review of the law on deprivation of liberty was published, which broadly agrees with most of the proposals, and more significantly, agrees to replace the current Deprivation of Liberty Safeguards (DoLS) system.
May 11, 2018
This article provides guidance on the concept of ‘local connection’ as set out in section 199 of the Housing Act 1996 (HA 1996) in England and section 81 of the Housing (Wales) Act 2014 (H(W)A 2014) in Wales as amended by the Homelessness Reduction Act 2017 (HRA 2017) with effect from 3 April 2018.
May 04, 2018
LexisPSL Local Government, in partnership with Elizabeth England of 42 Bedford Row, look at how local authorities from 3 April are expected to assist the homeless.
March 08, 2018
LexisPSL Local Government, in partnership with Kevin Long of Hackney Community Law Centre, examine the issues raised when councils dispose of a dwelling house used as staff accommodation.
March 02, 2018
Alice Richardson discusses with LexisPSL Local Government the first reported case to consider the relevance of the ‘right to rent’ provisions in the Immigration Act 2014 to assessments under section 17 of the Children Act 1989 where parents claim to be destitute.
February 23, 2018
LexisPSL Local Government, in partnership with Laura Hughes of Browne Jacobson, deals with the question of the powers available to a local authority when installing gates or barriers on public highways.
February 16, 2018
Shazia Akhtar of Hardwicke Chambers discusses with LexisPSL Local Government a recent Court of Appeal ruling on a student's fitness to practise.
February 09, 2018
Alexander Campbell of Arden Chambers discusses on LexisPSL Local Government the interplay between housing duties and children’s services duties.
February 02, 2018
With the number of Carillion’s contracts with the government running into hundreds, Ruth Murray analyses on LexisPSL the impact of Carillion’s collapse on its public contracts and outlines the next steps that authorities should take.
January 04, 2018
LexisPSL Local Government analyses the key issues where litigants in person and McKenzie friends are involved in public law children cases.
December 15, 2017
Are academies legally obliged to comply with Department of Education statutory guidance? If so, what is the source of that obligation? LexisPSL Local Government reports.
December 08, 2017
Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection. LexisPSL Local Government, in partnership with Alex Ruck Keene, Michelle Pratley and the Legal Action Group, set out the key considerations.
December 01, 2017
LexisPSL, in partnership with Simon Garbett, Ian Skinner and Sarah Rathke of Squire Patton Boggs, examine how authorities can ensure sustainable supply chains.
August 03, 2017
LexisPSL Local Government, in partnership with Shazia Akhtar of Hardwicke Chambers, look at the role and procedures of the Special Educational Needs and Disability Tribunal, and set out the issues of which local authorities should be mindful.
July 20, 2017
This LexisPSL Public Law analysis by Peter Ware and Jennifer Grigg of Browne Jacobson LLP examines the opportunities and risks of consortium bidding in public procurement.
July 13, 2017
LexisPSL Public Law analysis: HM Courts & Tribunals Service is due to issue guidance for lawyers bringing complex public procurement claims to the Technology and Construction Court (TCC). As we await publication of the updated TCC Guide, Will Thomas, procurement litigator and Peter Ware, partner, at Browne Jacobson, look at what the new protocol on public procurement cases will mean in practice.
June 09, 2017
LexisNexis Local Government, in partnership with Tim Spencer-Lane, sets out the role, powers and functions of the Care Quality Commission (CQC).
June 01, 2017
LexisPSL Local Government, in partnership with Claire Cousin of Emery Johnson Astills, provide a comprehensive guide to local authorities' duties under section 20 of the Children Act 1989.
May 26, 2017
LexisPSL Local Government, in partnership with Rebecca Sharpe of RJR Legal Ltd, examine the options where a legal owner lacks mental capacity to deal with land.
May 19, 2017
In association with LexisNexis Public Law, Richard Hanstock considers the lessons from a high-profile dispute over the procurement of a contract to decommission nuclear facilities.
May 12, 2017
In partnership with LexisPSL Local Government, Alex Campbell, barrister at Arden Chambers, considers a recent case where a High Court judge considered a discriminatory housing allocations scheme.
February 02, 2017
In this interview with LexisPSL Public Law, Ros Foster, partner, and Patrick O’Connell, solicitor, at Browne Jacobson, outline the draft Public Service Ombudsman Bill recently laid in Parliament, which aims to introduce a Public Service Ombudsman (PSO) with improved access, structure and powers.
January 26, 2017
What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification? LexisPSL Public Law, in partnership with Peter Ware of Browne Jacobson LLP, explain.
January 19, 2017
In this LexisPSL Public Law analysis, Fiona Scolding considers a recent case in relation to damages to be awarded on a procurement claim if the breach would have made a difference to the outcome of the tender.
January 12, 2017
LexisPSL Local Government, in partnership with Mark Bassett of Dentons UKMEA LLP addresses the question of whether contracting authorities need to redraft their standard termination clauses for contracts subject to the Public Contracts Regulations 2015.
January 05, 2017
This LexisPSL Public Law checklist, produced in partnership with Stephen Hocking of DAC Beachcroft highlights the key steps and considerations for defending a judicial review claim.
December 15, 2016
LexisPSL Public Law spoke to Adam Chapman, partner and head of public law at Kingsley Napley, about the potential expansion of the UK’s freedom of information (FOI) regime and explains that introducing certain measures—such as a ‘duty to document’—may be providing a solution to a problem that doesn’t actually exist.
December 09, 2016
LexisPSL Local Government, in partnership with Philip McCourt, provides a summary of the local government legal peculiarities involved in the appointment or dismissal of officers.
December 02, 2016
LexisPSL Local Government, in partnership with Jonathan Auburn of 11KBW, discuss the meaning of and tests for ‘ordinary residence’.
November 25, 2016
What are the obligations of schools under the Equality Act 2010? Mark Blois, head of education at Browne Jacobson talks to LexisNexis about how a recent high-profile court case has made no change to the core obligations schools are under.
October 27, 2016
This LexisPSL Local Government article, produced in partnership with Nicholas Hancox, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
October 20, 2016
This LexisPSL Local Government article was produced in partnership with Walaiti Rathore of Fraser Browne and sets out the law and practice in relation to the duties and responsibilities of a licensing authority under the Licensing Act 2003.
October 13, 2016
LexisPSL Local Government, in partnership with Tim Spencer-Lane, considers the concept of 'private' deprivations of liberty for the purposes of Article 5 ECHR, involving people who lack the material decision-making capacity.
October 06, 2016
The Information Commissioner’s Office recently announced that Trafford Council will be monitored over the timeliness of its responses to freedom of information requests. Jeremy Isaacson, in discussion with LexisPSL Public Law, considers the background to this announcement and the various issues surrounding monitoring.
September 29, 2016
The LexisPSL Public Law team provides a summary of key developments in judicial review and sets out some important dates for practitioners’ diaries.
September 22, 2016
LexisPSL Public Law analyses a ruling that the Public Sector Directive required a new tendering procedure to be carried out where the parties had made changes to the scope of a public contract, even though they were made pursuant to a settlement of a dispute.
September 01, 2016
This LexisPSL Local Government article, produced in partnership with Tim Spencer-Lane considers recent court decisions on whether a parent can consent to the confinement of their child which, absent a valid consent, would amount to a deprivation of liberty.
August 25, 2016
LexisPSL Local Government in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council, explains how to draft a local authority threshold document in care proceedings.
August 18, 2016
LexisPSL Local Government in partnership with Joy Hopkinson of London Borough of Lambeth Council explains the pre-proceeding process under the Public Law Outline (PLO) reforms to care proceedings.
August 11, 2016
Is a voluntary transparency notice published in the OJEU? How in practice is this distinguished from the OJEU notices that are published in advance of a procurement process? The LexisPSL Public Law team report.
August 04, 2016
What is the interrelationship between regulations 20 and 77 of the Public Contract Regulations 2015? The LexisPSL Public Law team analyse the reservation of public contracts.
July 29, 2016
LexisPSL Public Law in partnership with Walker Morris explain the new process for concession contracts procurement by contracting authorities and utilities under the Concession Contracts Regulations 2016, SI 2016/273.
May 12, 2016
LexisPSL Local Government, in partnership with Anita Chopra and Chris Barnett of Match Solicitors set out a checklist for moving children from statements to the new regime of education, health and care plans.
April 26, 2016
In partnership with Stephen Sheen, the LexisPSL Local Government team highlights key features of external audit and internal audit in England.
February 01, 2016
The LexisPSL Local Government team provide a checklist for a continuous improvement model in the context of contemplating the delivery of shared legal services.
February 01, 2016
The LexisPSL Local Government team explain the background to and advantages and disadvantages of shared legal services in achieving improved cost efficiency within the public sector.
January 28, 2016
LexisPSL Local Government and Claire Cousin outline a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989, identifying the challenges a local authority may face including parental consent and capacity.
January 21, 2016
LexisPSL Local Government and Elizabeth England of 42 Bedford Row set out the duties owed by local authorities to those presenting as homeless, and the particular issues that affect elderly and vulnerable adults.
January 14, 2016
What happens if a parent refuses to pay a penalty notice for their children's unauthorised absence from school? The LexisPSL Local Government team sets out the key points.
January 08, 2016
Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC talks to LexisNexis about the past, present and future.
November 30, 2015
This Q&A from the LexisPSL Public Law team examines the key changes implemented by the Re-use of Public Sector Information Regulations 2015, which came into force from 18 July 2015, replacing the Re-use of Public Sector Information Regulations 2005.
November 19, 2015
Has the Care Act 2014 been successful since it came into force? Carolyn Hunnisett talks to LexisNexis about the positives and the negatives of a landmark piece of legislation.
November 09, 2015
LexisPSL Public Law and Andy Cooke of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile.
October 29, 2015
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.
October 22, 2015
LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.
August 20, 2015
The LexisPSL Local Government team and Ros Ashcroft examine l ocal authority statutory functions with regard to the provision of health services.
August 13, 2015
LexisPSL Government and Morayo Fagborun Bennett set out key provisions in relation to costs for judicial review, covering protective costs orders (PCOs), interveners and costs capping.
August 06, 2015
The LexisPSL Local Government service regularly publishes Q&As on property litigation. Here are three of the most popular.
July 03, 2015
The LexisPSL Local Government Team explain a new procedure created under The Public Contract Regulations 2015 – the innovation partnership procedure.
April 16, 2015
The LexisPSL Immigration team look at the impact of changes to the regime governing Tier 4 (General) sponsors and review the case law around revocation action by the Home Office.
March 26, 2015
This article from the LexisPSL IP&IT team focuses on the key considerations and potential risks an organization needs to evaluate when considering whether or not to permit BYOD.
March 05, 2015
All criminal cases begin in the magistrates' court however serious the offence. The LexisPSL Corporate Crime team set out the correct steps that need to be taken when commencing proceedings in these ways.
March 05, 2015
There are three types of surveillance techniques available to local authorities under the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The LexisPSL Corporate Crime team set out how to use these powers correctly.
February 09, 2015
Part 36 offers – to accept or pay some amount less than the full amount in dispute - are powerful weapons in every litigator’s armoury which have led to the settlement of many disputes since their introduction in 1999.
June 26, 2014
David Brammer discusses the role local government has to play in awarding fracking rights and regulating the industry.
June 05, 2014
Jon Payne comments on the Committee on Medical Aspects of Radiation in the Environment’s (Comare) findings and recommendations in relation to aspects of radiation in the environment.