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Read MoreThis update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in thetwo weeks up to 24 July. Items are set out by subject, with a link to where the full document can be found on the internet.
Legal intelligence for professionals in local government.
This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the previous two weeks. Items are set out by subject, with a link to where the full document can be found on the internet.
ICO: Freedom of Information Act - Environmental
Information Regulations: Property searches: this guidance
provides advice to local authorities on how they should respond to
requests made for local property search information, what the
relationship is between the Environmental Information Regulations
(EIR) and the Local Authorities (England) (Charges for Property
Searches) Regulations 2008, and in particular whether the
information provided in response constitutes environmental
information as defined in the EIR. It outlines the ICO’s view that
the majority of property search data is environmental information
and that local authorities are required to allow inspection of this
data at no charge. (16 July 2009)
The guidance potentially has significant financial implications for
local authorities who deal with property search enquiries. We have
issued an Authority Alert on the implications of the
guidance and drawing authorities’ attention to the LGA’s advice on
this issue.
MoJ: Freedom of Information Act 2000 - Designation of additional public authorities: Response to consultation: this consultation, launched on October 2007, sought views as to whether the Government should look to use the powers under s.5 FOIA 2000 and extend the coverage of the Act and if so, which organisations it should consider. The Goverment has now published its response: it proposes an initial, focused s.5 Order to be accompanied by action outside the Act to promote proactive publication and openness. It also makes clear the Government's intention to consider whether s.5 or primary legislation are options to include Network Rail and utility companies within the FOIA regime. The current list of persons proposed in this first Order are: Academy schools, Association of Chief Police Officers, Financial Ombudsman Service, and UCAS. These bodies will be consulted directly, and the Government aims to bring forward a s.5 Order early in the 2009/2010 parliamentary session. (16 July 2009)
If you wish to discuss any of the items noted in this section please contact Caraline Johnson.
DWP: Building a society for all ages: seeks views on the Government's Ageing Strategy, which sets out a vision for a society where people should no longer be defined by their age but where their skills and experiences are harnessed for the benefit of Britain as a whole. The strategy draws together action to help individuals, families, businesses, public services and communities respond to demographic change. The proposals include:
The consultation closes on 12 October 2009.
There is also an Implementation Plan that sets out how and when the
different measures in the Government's ageing strategy will be
delivered and who needs to be involved to ensure these commitments
are met. (13 July 2009)
Cabinet Office: Working together for older people in rural areas: published alongside the Government's strategy on ageing (see above), this report examines evidence on the social exclusion experienced by older people in rural areas and identifies examples of innovative service delivery that can make a real difference in these areas. As a result of this study, a number of key practical policy actions have been integrated into the Government's Ageing Strategy (see above). (13 July 2009)
DH: Shaping the future of care together: this Green Paper sets out a vision for a new care and support system. It highlights the challenges faced by the current system and the need for radical reform to develop a care system that is fair, simple and affordable for everyone. It puts forward three options for funding such a National Care Service:
Comments are required by 13 November 2009. (14 July 2009)
DH: Consultation on the revision of the Fair Access to Care Services guidance to support councils to determine eligibility for social care services: seeks views on draft revised Fair Access to Care Services statutory guidance on determining individual eligibility for social care. The draft revised guidance aims to reset the eligibility criteria framework within the policy context of personalisation and prevention set out in the cross-sector agreement for the transformation of adult social care Putting People First. It also aims to support councils to implement eligibility criteria in a way that is as fair, consistent and transparent as possible, taking into account the needs of the wider community as well as individual need for support. Comments are required by 6 October 2009. (14 July 2009)
DH: Fairer contributions guidance - calculating an individual's contribution to their personal budget: this guidance supplements the current fairer charging guidance. It provides councils with a model for calculating a person's contribution to their personal budget. Authorities providing personal budgets should implement this Section 7 guidance by March 2010. For the background to the changes, see the DH's response to the consultation on the Fairer Contributions Guidance. (14 July 2009)
DH: End of life care strategy - first annual report: sets out the progress made in the year since the publication of the DH's end of life care strategy. (14 July 2009)
DH: Safeguarding adults - report on the consultation on the review of No Secrets: summarises the responses to the October 2008 consultation on the No Secrets guidance that sets out the responsibility of local authorities to investigate and take action when a vulnerable adult is believed to be suffering abuse. The report analyses the responses and the Government response will be published when this has all been considered. (17 July 2009)
Care Standards and Adoption (Regulation of Establishments, Agencies and Adult Placement Schemes) (Amendment) Regulations 2009 (SI 2009/1895): these regulations, which come into force on 12 October 2009, make consequential amendments to existing sets of regulations under the Care Standards Act 2000 and the Adoption and Children Act 2002 in order to reflect the transition from current schemes for barring persons from working with children, to lists of persons barred from working with children under the new Vetting and Barring Scheme. Specifically, these regulations update requirements in the sets of regulations being amended to make vetting checks on a person being considered for a post working with children or vulnerable adults. (16 July 2009)
R (F) v Wirral BC [2009] EWHC 1626 (Admin) (Admin Ct):
F and others applied for judicial review of the local authority's
assessment of their social services and care needs. F wrote to the
local authority alleging that it was in breach of its duty under
the National Health Service and Community Care Act 1990 s.47 in
that it had failed to comply with its legal duty by carrying out an
assessment of each of their needs, and asked that the matter
be referred immediately to the second, investigation stage of
the statutory complaints procedure under the Local Authority Social
Services Complaints (England) Regulations 2006. The local authority
replied that it considered that the first, local
resolution stage of the complaints procedure was more
appropriate and that, contrary to F's, in the cases of all but
one of them, assessments had been completed or reviewed or that
current social work was being carried out. F then
issued his judicial review claim, without any further request
for engagement of the complaints procedure.
The court held, refusing F's application, that while the
Administrative Court was astute to correct any illegality of
approach on a public authority's part, it was not the proper forum
in which to probe into the adequacy of community care assessments.
The JR process was initiated by an entirely unjustified global
complaint that no assessments had been carried out at all. If F had
a true claim that his eligible needs were not being met by the
local authority, there was a full and adequate complaints procedure
in which that could be resolved. The remedy of judicial review
would not be granted where there was an alternative remedy. If any
of the assessments or care plans were truly inadequate in any of
F's cases and such inadequacy was giving rise to a true failure on
the part of the local authority to meet an eligible need, then the
relevant claimant had a proper remedy through the statutory
complaints procedure. (9 July 2009)
If you wish to discuss any of the items noted in this section please contact Caraline Johnson.
DCSF: Every local authority to receive financial boost for out of hours services: announces £167m funding in 2010/2011 for extended services in schools that provide children and young people with things to do before and after the school day, enabling parents to stay at work for longer, safe in their knowledge their child is being looked after and entertained. The money is part of the Extended Schools Subsidy which is designed to ensure that children from disadvantaged backgrounds can benefit from additional activities in the holidays, extra out-of-hours tuition and after-school clubs. The final total for the Extended Services Subsidy from 2008-2011 is £215m. (17 July 2009)
Foreign & Commonwealth Office / Home Office: Multi-agency practice guidelines - handling cases of forced marriage: the Forced Marriage Unit has published a revised set of multi-agency practice guidelines for frontline professionals (such as teachers, police officers, social and health care professionals, housing officers) to help them to work more closely together and to better identify and protect children and adults at risk of forced marriage. It should be read alongside the statutory guidance The Right to Choose issued under s.63Q(1) of the Forced Marriage (Civil Protection) Act 2007, which sets out the responsibilities of Chief Executives, directors and senior managers within agencies involved with handling cases of forced marriage. (20 July 2009)
DCSF: Integrated Children's System (ICS) improvement - capital grant funding for 2009-10 (LAC 3006090002): sets out local authority allocations for the Integrated Children’s System (ICS) Improvement Capital Grant 2009-10 for capital funding for ICT systems in children's social care, and the associated conditions of grant. (23 July 2009)
If you wish to discuss any of the items noted in this section please contact Caraline Johnson. ^ back to the top
DCLG: Strengthening local democracy - consultation: seeks views on whether local government has the powers it needs to meet today's challenges, as part of the Government's drive to renew Britain's democracy and build trust in the political system at all levels. It sets out a range of proposals to promote democratic renewal and strengthen the power and responsibility of local government, including:
Comments are required by 2 October 2009. (21 July 2009)
The LGA has issued an On the Day
briefing commenting on the proposals.
If you wish to discuss any of the items noted in this section please contact Peter Keith-Lucas.
Cabinet Office Strategy Unit: Power in people's hands - Learning from the world's best public services: presents the findings of a Strategy Unit study of leading edge innovations in world-wide public services, which involved interviewing 50 academics, public servants and other experts from around the world. It emphasises that innovation and productivity come from forging stronger relationships with citizens and identifies the five characteristics that distinguish the most successful services. The report shows how giving people more control over the services they use and freeing frontline public servants to innovate can deliver better services and greater value for money. (16 July 2009)
If you wish to discuss any of the items noted in this section please contact Bethan Evans.
DCLG: Consultation on reforming the Local Authority Business Growth Incentives Scheme - Government response: sets out the Government's response to the August 2008 consultation on reforming LABGI, with decisions on the form of the scheme, and also the provisional list of sub-regions and provisional allocations of LABGI grant in 2009-10. It also contains a summary of responses, a map of LABGI sub-regions and a spreadsheet with details of the calculation of the allocation. (21 July 2009)
If you wish to discuss any of the items noted in this section please contact Bethan Evans.
DCSF: Ministers set out next steps in Building Schools for the Future and announce £200m to build new primary reception classes: announces that six local authorities (Barnet, Bolton, Hampshire, Peterborough, Sunderland and Wigan) have been given the green light for their BSF programmes. The authorities are the first in a series of ‘rolling starts’ for the remaining 70 local authority projects yet to join BSF and follow-up projects in existing BSF authorities. The Schools Secretary has also announced that another six local authority projects will join the programme in three months' time and another six in the last quarter of the 2009-10. This means that the local authorities not yet in BSF can fast-track initial smaller projects far earlier than originally planned. (15 July 2009)
DCSF: Delivering the 2013 diploma entitlement - guidance to local authorities and providers: from 2013, 14 to 19 year olds will have a statutory entitlement to study diplomas, underpinned by statutory duties on local authorities and schools. This document gives guidance to local authorities on the entitlement. (16 July 2009)
DCSF: Progression guidance 2009-10: this guidance aims to raise expectations and sets out the evidence of the progress already being made by learners with special educational needs, learning difficulties and disabilities (SEN / LDD), focusing on their attainment and progress in English, mathematics and science. The guidance has been developed as part of the commitment in the Children's Plan 2007 to provide better data for schools on the progress being made by learners with SEN / LDD. (17 July 2009)
DCSF: Delivering sustainable communities through sustainable schools - Guidance for local authority officers: this guidance document provides details of how sustainable schools can contribute to local targets and be supported through existing service delivery across all local authority departments. Alongside the S3+ sustainable schools self-evaluation tool for local authorities who support sustainable schools, this document can be used by any local authority officer to identify support routes and improve the support their authority provides to its schools in becoming sustainable by 2020. (21 July 2009)
Ofsted: The framework for school inspection: sets out Ofsted’s new arrangements for inspecting maintained schools from the beginning of September 2009. (23 July 2009)
Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009 (SI 2009/1924): these regulations, which come into force on 12 October 2009, made under four Education Acts, make consequential amendments to existing sets of regulations under those Acts in order to reflect the transition from current schemes for barring persons from working with children, to lists of persons barred from working with children under the new Vetting and Barring Scheme. (20 July 2009)
R (Buckinghamshire CC) v School Admissions Independent Appeal
Panel for Buckinghamshire; Spinfield School (Interested Party)
[2009] EWHC 1679 (Admin) (Admin Ct): the court has held that,
when considering appeals by parents against the local authority's
refusal to admit their children to a school on the basis the school
was over-subscribed, the School Admissions Independent Appeal Panel
had misdirected itself by applying the School Admissions Code 2007
rather than the School Admissions Code 2009. Whilst there were
detailed provisions in both codes about equitable treatment of
social groups and the prohibition of disadvantage of children in
certain socio-economic groups, it could not be said that the
reliance on the 2007 Code was immaterial. The 2009 Code clearly
stated that it was to apply to all decisions taken after 10
February, 2009 without exception. The appeals would be remitted for
reconsideration. (10 July 2009)
The judgment is available on Lawtel (password
required).
R (W (a child by his mother and litigation friend J)) v Kent CC [2009] EWHC 1790 (Admin) (Admin Ct): W applied for judicial review of the local authority's refusal to amend a statement of special educational needs so as to replace the name of the recommended school with the name of the school desired by his parents, where W was being educated. He also challenged the authority's decision not to fund his school fees. The court held, refusing his application, that W's parents had an alternative remedy of statutory reassessment under s.328 of the Education Act 1996, especially where they envisaged difficulties in funding W's school fees themselves. The existence of the statutory reassessment meant that it was not open to them to challenge the local authority's decision not to amend the statement by way of judicial review. The authority continued to regard W's current school as an inappropriate choice of school for W, and its subsequent failure to issue enforcement proceedings did not indicate its acceptance that that school was a suitable placement. (17 July 2009)
If you wish to discuss any of the items noted in this section please contact Caraline Johnson.
LGA: From Kyoto to Kettering, Copenhagen to Croydon - local government’s manifesto for building low-carbon communities: this manifesto sets out the framework and specific policies needed to enable local government to develop low carbon communities. The LGA argues that if central government gives local government the adequate framework and resources to deliver, councils can take on the responsibility for reducing emissions and adapting to climate change at the local level. (15 July 2009)
LGA: Cutting through the green tape III: The economy or the environment – do I need to choose?: this leaflet has been sent to all councillors in England and Wales, to encourage the view that local authorities are key players in the effort to reduce carbon emissions, and encourage councillors of the importance of the climate change agenda. (17 July 2009)
If you wish to discuss any of the items noted in this section please contact Chris Jarman.
DCLG: Reform of council housing finance
- consultation: seeks views on the Government's preferred
option for the future of council housing finance, following the
Government's Review of Council Housing Finance and Rents
policy that was launched in March 2008. It proposes to
replace the current housing finance system with a clearer,
more transparent system that puts councils firmly in control and
better able to respond to the needs of local tenants and residents.
This devolved self-financing alternative will remove the need to
redistribute revenue nationally while continuing to ensure that all
councils have sufficient resources. Councils will finance their own
business from their own rents and revenues, in exchange for a
one-off allocation of housing debt. Under the proposals, councils
will be freed from the national Housing Revenue Account subsidy
system and also from central government intervention: they will be
able to generate sufficient income to sustain their stock, and will
have to produce 30 year business plans. The consultation also
proposes continuation of the Decent Homes Standard. Comments are
required by 27 October 2009. (21 July 2009)
A number of associated documents have also been published - these
are available on the consultation paper's web page. They
include an analysis of Options for dealing with housing loan debt in the
local authority sector.
If you wish to discuss any of the items noted in this section please contact Penny Rinta-Suksi.
R (Harris) v Haringey LBC (Unreported) (Admin Ct): H
applied for judicial review of the local planning authority's grant
of planning permission for redevelopment of an indoor
market site. H submitted that the planning decision was
vitiated by the appearance of bias on the part of the chair (P) of
the planning committee, as P had on previous occasions expressed
firm views and made comments to the effect that she was in favour
of demolition and redevelopment, and therefore she had a closed
mind at the time of the planning committee decision. H argued
that P's views had crossed the boundaries of legitimate
predisposition and were an indication of unlawful
predetermination.
The court held, refusing H's application, that P's comments had
been made more than five years before the planning application was
determined and were consistent with the planning policies and the
development brief. She was entitled to her own view as long as she
remained receptive to alternative arguments. P's views were an
indication of legitimate predisposition and not unlawful
predetermination, and a fair-minded observer would not think that
there was a real possibility that P was biased. (14 July
2009)
If you wish to discuss any of the items noted in this section please contact Peter Keith-Lucas.
If you wish to discuss any of the items noted in this section please contact Peter Keith-Lucas.
Legislative Reform (Supervision of Alcohol Sales in Church
and Village Halls &c.) Order 2009 (SI 2009/1724): this
Order, which comes into force on 29 July 2009, amends the
Licensing Act 2003 so as to allow licensing authorities in some
circumstances to include an alternative licence condition relating
to the supervision of alcohol sales in premises licences relating
to community premises (defined as any church or chapel hall (or
other similar building), or any village, parish or community hall
(or other similar building)). The amendments allow a committee or
board of individuals with responsibility for the management of
community premises (“the management committee”) to apply to have an
alternative licence condition included in a premises licence, in
place of the normal mandatory conditions, that every supply of
alcohol under the licence be made or authorised by the management
committee. (30 June 2009)
See also DCMS: Supplementary guidance issued under section
182 of the Licensing Act 2003 (Minor variations and removing the
requirement for a DPS) that gives guidance on the
new simplified process for minor variations to premises
licences and club premises certificates and the removal of the
requirement for a designated premises supervisor and personal
licence at community premises. (16 July 2009)
If you wish to discuss any of the items noted in this section please contact Adam Kendall.
Local Authorities (Overview and Scrutiny Committees) (England) Regulations 2009 (SI 2009/1919): these regulations, which come into force on 12 August 2009, implement arrangements for the overview and scrutiny of Local Area Agreements (LAAs) as introduced by amendments made by the Local Government and Public Involvement in Health Act 2007 to Part 2 LGA 2000. They provide for the overview and scrutiny committees (OSCs) of district councils in two-tier areas to make reports and recommendations to the county council, or that council’s executive, and allows them to require LAA partners to have regard to their reports or recommendations. They also give OSCs power to obtain information from partner and associate authorities and provide for the exclusion of confidential and exempt information when the reports of OSCs, or responses to them, are published by the executive of an authority. (20 July 2009)
If you wish to discuss any of the items noted in this section please contact Peter Keith-Lucas.
DCLG: Business rates deferral scheme
- Administrative guidance: the Non-Domestic Rating
(Deferred Payments) (England) Regulations 2009 (SI 2009/1597), which come into force on 31 July
2009, enable businesses to defer payment of 60% of the RPI
inflation up-rating to their business rates in 2009-10 over three
years to 2011-12. This guidance provides details on the
processing of applications, eligibility, the calculation of the
deferrable amount, billing and enforcement. (24 July 2009)
There is also a business rates information letter
11/2009 setting out details of the deferral scheme.
If you wish to discuss any of the items noted in this section please contact Bethan Evans.
Parliamentary Standards Act 2009: this Act received Royal Assent on 21 July 2009 and comes into force on a day or days to be appointed. It:
If you wish to discuss any of the items noted in this section please contact Peter Keith-Lucas.
DfT: Quality contracts schemes - Consultation on draft regulations and guidance: seeks views on a package of draft regulations and guidance under the Local Transport Act 2008 that relate to quality contracts schemes, which cover local bus services. Comments are required by 7 October 2009. (14 July 2009)
DfT: Guidance on local transport plans: final guidance to support local transport authorities in developing and delivering their statutory local transport plans that are due to be in place by April 2011. (16 July 2009)
If you wish to discuss any of the items noted in this section please contact Bethan Evans.
Local Government (Wales) Measure 2009: this Measure received Royal approval on 10 June 2009. Most of the sections come into force on a day or days to be appointed. It redefines the basic duty on local authorities, national park authorities and fire and rescue authorities to make arrangements to secure continuous improvement and account for it. It also requires local partners to be involved and cooperate in the delivery of community planning outcomes and to engage with citizens. In particular, it:
The Local Government (Wales) Measure 2009 (Commencement No 1) Order 2009 (SI 2009/1796 (W.163) (C.88)) brings a number of the Measure's provisions into force on 17 July 2009.
Draft National Assembly for Wales (Legislative Competence) (Local Government) Order 2009: this proposed LCO would extend the National Assembly's field of legislative competence in respect of local government to include community councils (which includes their constitution, structure, procedures, capability and service delivery), community reviews, the relations between tiers of local government, councillor allowances and the recruitment and retention of councillors. The Legislation Committee is consulting on the proposed LCO. Comments are required by 18 September 2009. (22 July 2009)
If you wish to discuss any of the items noted in this section please contact Bethan Evans.
Bevan Brittan has developed a well-recognised programme of
training designed to assist local authorities in successfully
implementing legal change. Led by key members of our local
authority team, each session will clearly explain the key aspects
of the law and the implications for local government. Using case
studies and carefully selected complementary speakers, they will
assist attendees in realising the full benefits of implementation
and the dangerous pitfalls in failure to act.
Forthcoming seminars in 2009:
If you wish to attend any of these sessions, or if you would like a hard copy of our Local Government Training Programme 2009 desk calendar, please contact our Events team.
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