Distinguishing unwise decision-making from lacking capacity
Dec 12 2023
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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.
If you have been forwarded this update by a colleague and would like to receive it direct please email Claire Booth.
All links are correct at the date of publication. The following topics are covered in this update:
|Access to Information||Legislation|
|Bevan Brittan's Local Government Training Programme|
IDeA: Good practice in data sharing: this guidance highlights how shared data can contribute to tackling the challenges of worklessness. The publication sets out the obstacles to successful data sharing and how they can be overcome. It draws distinctions between different types of data sharing and the importance of personal consent. It highlights good practice and explores data sharing as partnership in action. (18 May 2010)
HM Treasury: Government announces £6.2bn of savings in
2010-11 - action to cut Whitehall waste and protect schools
spending: announces details of the Government's plans to cut
Government spending this financial year. It includes the
statement that £1.165bn of savings will be made in local government
by reducing grants to local authorities to reflect their
contribution to the £6.2bn. The Government will also remove the
ringfences around over £1.7bn of grants to local authorities in
2010-11, to give them greater flexibility to re-shape their budgets
and find savings in the areas set out above, while maintaining the
quality of services to their customers. (24 May 2010)
See also DCLG's press release on the implications for local government.
The LGA has issued a response to the spending cuts.
DCLG: Working to deliver council tax freeze: the Communities Secretary Eric Pickles has reaffirmed the Government's commitment to freezing council taxes. (25 May 2010)
Electoral Commission: 2010 Parliamentary general
election - interim report: review of problems at polling stations
at close of poll on 6 May 2010: reviews why voters in some
polling stations were unable to cast their vote before the 10pm
deadline on 6 May. The report sets out what needs to be done to
avoid a repeat of the problems two weeks ago. (20 May 2010)
Bevan Brittan LLP has produced an Alert that looks at the possible impact of these problems for both general and local elections, and what local authorities can be doing now to respond to this: Closed Polling Stations open the doors for legal action.
DCLG: Eric Pickles - Secretary of State: Eric Pickles MP has been appointed Secretary of State for Communities and Local Government. Grant Shapps is Local Government Minister. A full list of DCLG Ministers is on their website. (12 May 2010)
HM Government: The Coalition - our programme for
government: this web page gives details of the
Government's key policy plans, covering areas such as
political reform, public health, schools and education, home
information packs, tackling the deficit and reform of the banking
system. On local government, it states that
the Government will "promote decentralisation and democratic
engagement, and we will end the era of top-down government by
giving new powers to local councils, communities, neighbourhoods
The LGA has produced a detailed briefing summarising the proposals, with commentary. (20 May 2010)
Queen's Speech 2010: the Government's legislative programme for the forthcoming year has been outlined in the Queen's Speech on the State Opening of Parliament. Proposed items of particular interest to local authorities include:
(25 May 2010)
National Audit Office / Audit Commission: A review of collaborative procurement across the public sector: this review draws on Audit Commission research that was carried out during Autumn 2009. It finds that although collaborative procurement has the potential to improve value for money, the public sector procurement landscape is fragmented, with no overall governance. Consequently, public bodies are incurring unnecessary administration costs by duplicating procurement activity, and they are paying a wide range of prices for the same commodities, even within existing collaborative arrangements. It recommends that, given the size of public sector procurement spend and the potential to significantly improve value for money, public bodies should work together much more effectively than they currently do; there should also be a clear framework to coordinate public sector procurement activity. (21 May 2010)
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.
The full Local Government Training Programme is available on our website. Forthcoming seminars in 2010 include:
If you wish to attend any of these sessions please contact our Events team.