Local Government Lawyer


Local Government Lawyer

Oxfordshire Vacancies


Reserve below-threshold contracts for UK or local suppliers under the 2026 Order

Juli Lau and Shyann Sheehy look into the impact of the Local Government (Exclusion of Non-commercial Considerations) (England) Order 2026, and particularly how local authorities can now reserve below-threshold contracts for UK or local suppliers.
March 05, 2026
Reserve below-threshold contracts for UK or local suppliers under the 2026 Order

Affordable housing funding news & unlocking S106 units

The new National Housing Bank aims to accelerate affordable housing as Registered Providers face rising costs, borrowing limits and stalled delivery across England, Jennifer Eng examines its role in the context of wider government reforms.
March 05, 2026
Affordable housing funding news & unlocking S106 units

Housing case alert - February 2026

Tim Pearl, Tom Bradbury and Sumi Begum round up the latest housing law judgments of interest to local authorities and housing associations.
March 05, 2026
Housing case alert - February 2026

Assured tenancies: written statements and information sheets

George Ufumwen sets out the key points of new regulations for written statements and information sheets for assured tenancies, which will initially apply to non-social housing tenancies but could be extended to the social housing sector next year.
March 05, 2026
Assured tenancies: written statements and information sheets

The Procurement Act 2023: One Year On - How procurement processes are evolving

In co-ordination with its client webinar on 19 March 2026, DAC Beachcroft will share with Local Government Lawyer readers a series of articles reflecting on the first operational year of the Procurement Act 2023. The firm will take an honest look at what has changed in…
February 27, 2026
The Procurement Act 2023: One Year On - How procurement processes are evolving

Book review: “Reforming lessons”

Geordie Cheetham and Satnam Virdi review “Reforming Lessons: Why English Schools Have Improved Since 2010 and How This Was Achieved” by Nick Gibb and Robert Peal.
February 27, 2026
Book review: “Reforming lessons”

Service charge recovery and the Building Safety Act 2022

Zoe McGovern, Sian Gibbon and Caroline Frampton set out what local authorities need to consider when it comes to the Building Safety Act 2022 and service charge recovery.
February 27, 2026
Service charge recovery and the Building Safety Act 2022

The draft NPPF consultation: what’s new

Mark Harris and Mark Bassett set out the key proposed changes in the Government’s revised planning framework.
Feb 27, 2026
The draft NPPF consultation: what’s new

Mobile phones, AI and schools

New guidance on mobile phones and AI could impact school regulation, writes Jen Davie.
Feb 26, 2026
Mobile phones, AI and schools

Transparency in FII cases

In a recent case Mrs Justice Lieven dealt with Transparency Orders in care proceedings. Graeme Bentley analyses the ruling.
Feb 26, 2026
Transparency in FII cases

Court documents and AI

Tom Whittaker summarises the key points from a Civil Justice Council consultation on use of AI in preparing court documents, including…
Feb 25, 2026
Court documents and AI

What is an Officer?

Geoff Wild considers what exactly is an 'officer' of a council and explores the complex rules that surround their appointment and dismissal.
Feb 25, 2026
What is an Officer?

The High Court on the EHRC’s “interim update”

The High Court has rejected a judicial review challenge brought by Good Law Project and three individual claimants to the “interim update”…
Feb 25, 2026
The High Court on the EHRC’s “interim update”

Substituted decision notices and contempt of court

A council was recently held in contempt for non-compliance with a First-Tier Tribunal decision following an environmental information…
Feb 25, 2026
Substituted decision notices and contempt of court

Social media guidance for members

Paul Feild provides some tips on putting together a social media policy for members.
Feb 25, 2026
Social media guidance for members

2026 in construction: a look ahead

Michael Comba and Rachel Murray-Smith provide a summary of the key points of interest in the upcoming year in the construction sector,…
Feb 24, 2026
2026 in construction: a look ahead

Track allocation in housing disrepair claims

A recent case provides valuable guidance on the proper approach to track allocation in housing disrepair cases and highlights the…
Feb 19, 2026
Track allocation in housing disrepair claims

Withdrawing applications for care orders

Phoebe Duterloo looks at the lessons from a recent Family Court judgment following a local authority’s application to withdraw care…
Feb 19, 2026
Withdrawing applications for care orders

Appropriate professional boundaries for teachers

Should a teacher be banned for telling a parent their child was being singled out by other staff? Alexandra Addington considers a recent…
Feb 19, 2026
Appropriate professional boundaries for teachers

Children under 16 and deprivation of liberty

Ms Justice Henke as Lead Judge for the National Deprivation of Liberty List has recently handed down two informative judgments in relation…
Feb 18, 2026
Children under 16 and deprivation of liberty

A Welsh white leopard?

Alex Ruck Keene KC (Hon) looks at a recent case where litigation capacity in the absence of subject-matter capacity was revisited.
Feb 18, 2026
A Welsh white leopard?

Conversion to an ‘empty’ MAT

Gerry Morrison considers the legal, governance and practical implications of Franklin Sixth Form College’s conversion to an ‘empty’…
Feb 18, 2026
Conversion to an ‘empty’ MAT

Obvious risks: the beautiful game

The High Court recently rejected an appeal over an injury sustained by the claimant when climbing over a perimeter fence to retrieve a…
Feb 18, 2026
Obvious risks: the beautiful game

Timed out?

Will the Planning and Infrastructure Act 2025 help limit challenges aimed at timing out permissions? Katie Scuoler considers the key…
Feb 18, 2026
Timed out?

To lot or not to lot?

Rebecca Rees and Jade Divers address a thorny procurement question.
Feb 13, 2026
To lot or not to lot?

Feb 11, 2026

Bus franchising: what next

Frank Suttie, Michael Bray and Tom Johnson examine major changes to the bus franchising process.
Feb 11, 2026

Grey belt tests tested

Simon Ricketts looks at the lessons from the latest decisions on the application of the grey belt tests.
Feb 06, 2026

Releasing stalled housing sites

John Pugh-Smith looks at the challenges around stalled housing sites and outlines some possible solutions, pending MHCLG’s awaited “full…
Feb 06, 2026

Subsidies for regional airports

Aviation subsidies have been brought into the spotlight by the Cardiff Airport Subsidy Control case. Alexander Rose examines the key issues.
Feb 05, 2026

The Warm Homes Plan: Key Takeaways

Nimoy Kher analyses the Government's Warm Homes Plan, picking out the key parts of the plan and what they mean for local authorities.
Feb 04, 2026

Building safety reform in Wales

Matthew Stevens considers what the new higher-risk building rules in Wales mean in practice and how the regime compares to England.
Feb 04, 2026

Housing case alert - January 2026

Emily Howe and Ian Larkins round up the latest housing law judgments of interest to local authorities and housing associations.
Jan 23, 2026

Devolution and coastal areas

Coastal areas suffer disproportionate levels of economic deprivation – proposed devolutionary changes must not make their situation worse,…

Kirstin Roberts looks at the need to rethink local authority waste systems in light of the Deposit Return Scheme (DRS), Simpler Recycling and packaging Extended Producer Responsibility (EPR).

England’s waste system is on the cusp of its most significant structural change in a generation. For local authorities, both waste collection authorities (WCAs) and waste disposal authorities (WDAs), the combined impact of the forthcoming Deposit Return Scheme (DRS), the rollout of Simpler Recycling (with for some, the introduction of separate food waste collections), and Extended Producer Responsibility for packaging (pEPR) will reshape waste flows, operational requirements (especially for collections and operation of transfer stations) and long term infrastructure planning.

Understanding how these reforms interact is essential to futureproofing services, budgets, and contractual models.

Deposit Return Scheme: Removing high value material from kerbside streams

When the England DRS goes live, drinks containers in scope—plastic bottles, metal cans (and in Wales perhaps also glass) —will shift from kerbside collections into return point networks. For local authorities, this means notable reductions in the tonnage of high quality, high value recyclates currently helping to offset collection costs. Authorities may see:

  • Lower volumes of aluminium and PET in recycling bins (particularly from commercial collection contracts), reducing revenue shares from MRF contracts
  • Changes in vehicle utilisation as recycling rounds carry less weight but similar container capacity
  • Potential contamination improvements as DRS removes a significant proportion of clean, easily sorted materials

WCAs will need to review service efficiencies, while WDAs should assess how reduced container tonnage alters MRF gate fees, composition forecasts and contract performance mechanisms. Ireland’s DRS went live in February 2024 and reduced revenues is causing waste collectors to put up their collection charges.

Simpler recycling and new food waste obligations: More streams, different logistics

Simpler Recycling mandates consistent collections of dry recyclables and weekly food waste. For authorities already running multi stream systems, the transition may be relatively smooth; for others, it represents a major operational reform. Expected impacts include:

  • Increased presentation of food waste requiring investment in dedicated food waste vehicles or split body vehicles. A current issue for WCAs is the lead time for new vehicles
  • Higher capture rates of paper, card, plastics and metals due to simplified, uniform national requirements
  • A likely rise in overall recyclate tonnage (excluding DRS materials) but with different material proportions

This shift will change both the frequency and type of vehicles needed. Food waste, being dense and odorous, drives weekly rounds and creates pressure for sealed units and rapid transfer. Dry recyclables, collected separately, may require move towards twin stream or multi stream systems to meet quality expectations under Simpler Recycling.

EPR for packaging: Financial levers driving system change

EPR fundamentally alters the economics of local authority waste systems. Producers will bear the cost of managing household packaging waste, meaning local authorities should benefit financially from efficient, high quality collection of target materials. In theory, this will:

  • Incentivise authorities to prioritise high quality recycling to secure favourable payments; and
  • Place pressure on MRFs to achieve better sorting, lower contamination and more transparent reporting.

Extended Producer Responsibility (EPR) changes the financial foundations of local authority waste services. While payments are designed to reimburse authorities for the efficient collection of household packaging waste, early experience from some councils has shown a risk: pEPR income can be reallocated by corporate finance teams to support wider authority pressures rather than reinvested in waste operations. This makes it all the more important for waste teams to understand the basis of payments and to demonstrate the operational value of retaining those funds.

To secure full payments, and to ensure they remain ring fenced for service delivery, authorities will need to be efficient, effective and evidence driven.

  • Efficient: Collections must meet the system’s expected performance benchmarks. Inefficient rounds, poor material capture or high contamination can directly reduce the level of payment
  • Effective: Services must produce high quality materials that align with EPR’s recyclability and end market criteria. Delivering consistent, reliable outputs strengthens the authority’s position when challenging any payment reductions
  • Evidence driven: Robust data becomes a critical asset. Accurate composition analysis, contamination monitoring, weighbridge data and round performance records allow councils to validate their claims, evidence service standards, and dispute any under payments

Under EPR, payments will be scrutinised against performance and quality metrics, making transparency and data accuracy essential. Councils that can demonstrate clear operational performance, and articulate how retaining pEPR funding supports statutory waste reforms, will be better positioned both to secure the full financial allocation and to protect those payments from internal reallocation.

Strategic implications for vehicles, contracts and disposal options

Combined, these reforms require councils to rethink the entire waste system architecture. Lower residual tonnage due to improved segregation and mandatory food waste collection may allow re balanced fleet deployment, altered round design, and future down sizing of residual waste treatment capacity. Conversely, higher food waste capture will increase demand for anaerobic digestion outlets and may change disposal contract economics.

Authorities should now be modelling scenarios to understand:

  • Future material flows and peak tonnage forecasts
  • Whether existing fleet assets remain fit for purpose
  • How contractual risk/benefit allocations should change under EPR funded systems
  • Long term implications for treatment capacity, from MRF upgrades to AD procurement

Conclusion and call to arms

The convergence of DRS, Simpler Recycling and EPR marks a decisive move towards a cleaner, more consistent and producer funded waste system. For local authorities, success will depend on early planning, robust data, and a willingness to re engineer collection systems to meet the new composition, quality and financial landscape. If embraced proactively, these reforms can deliver more efficient services, reduced environmental impact and a more resilient waste system for the decade ahead. 

But, and it’s a big but, will local authorities have the funding to implement the required changes, particularly if their finance teams “borrow” from funding meant for the implementation of EPR for packaging and if DRS leads to reduced revenues from recyclates.

Kirstin Roberts is a Director and Head of Waste & Sustainability at Freeths.

Sponsored articles

LGL Red line

Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

Jobs

Poll