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     Housing
    Adult Social Services     Infrastructure
    Children's Services     Licensing
    Combined Authorities and Devolution     Planning Procedure
    Delivery of Services     Procurement
    Economic Development     Public Health
    Education     Regulatory Services
    Finance     Social Enterprises
    Governance     Standards
    Government Policy     Transport

Access to Information

ICO: Decision notice re Bromley London Borough Council: the complainant requested a copy of a legal opinion obtained by the Council relating to an application to grant a certificate of lawfulness for a property. The Council contended that the information was exempt from disclosure under s.42 FOIA 2000 (legal professional privilege); this was later corrected to reg.12(5)(b) of the Environmental Information Regulations (EIR) (adverse effect on course of justice). The Commissioner ruled that reg.12(5)(b) was engaged and that the public interest in disclosure did not equal or outweigh the strong public interest in maintaining the Council’s right to consult with its lawyers in confidence. However, as the Council had not issued a refusal notice within 20 working days, the Commissioner found that the Council had breached reg.14(2). The Commissioner required no steps to be taken as a result of this Decision. (19 December 2017)

If you wish to discuss any of the items noted in this section please contact Jonathan Moore.

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Adult Social Services

LGSCO: Ombudsman calls for councils to be clear on care home costs: the Local Government and Social Care Ombudsman has reminded councils that they must give families accurate information when placing relatives in care homes. This follows an investigation into a complaint against Lincolnshire CC which found that a family was not told about the possibilities available to them when their father was placed in a care home as an emergency. They were left with no option but to pay a ‘top-up’ fee, when the Council should have offered them the choice of a home which did not require the additional amount. When they struggled to pay the fees, their father was threatened with eviction. The LGSCO also found that the Council had unclear information about care home fees on its website. It has asked the Council to review its procedures to avoid similar problems happening again. (11 January 2018)

If you wish to discuss any of the items noted in this section please contact Kirtpal Kaur Aujla.

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Children's Services

MHCLG: £29 million extra to boost councils’ support for vulnerable children: announces additional funding that will enable some councils to step up their support by providing homes for asylum seeking children that are currently resident in other local authorities that are operating at full capacity. It will also allow councils to reduce local resource pressures to the benefit of their wider communities. (16 January 2018)

Ofsted: Joint targeted area inspections – Framework and guidance: updated guidance for joint targeted area inspections of local area services under s.20 of the Children Act 2004. Local authorities and member agencies can use this guidance to understand how inspections are conducted. They may also find it useful when carrying out self evaluations or improvement planning. (14 January 2018)

Ofsted: Guidance for joint targeted area inspections on the theme – Children living with domestic abuse: updated guidance on joint targeted area inspections ‘deep dive’ investigations that evaluate the experiences of children and young people living with domestic abuse. (14 January 2018)

Ofsted: Guidance for joint targeted area inspections on the theme – Child sexual exploitation, children associated with gangs and at risk of exploitation and children missing from home, care or education: updated guidance on joint targeted area inspections ‘deep dive’ investigations that evaluate children's experiences of child sexual exploitation, children associated with gangs and children missing from home, care or education. (14 January 2018)

Welsh Government: Legislative proposal to remove the defence of reasonable punishment: seeks views on a proposal to end the corporal punishment of children by removing the defence of reasonable punishment in Wales. This would not create a new criminal offence, but would remove a defence to the existing offence of common assault or battery. The consultation closes on 2 April 2018. (9 January 2018)

Ofsted: Social care commentary – Children's homes: Eleanor Schooling, Ofsted's National Director, Social Care, writes about how it is possible for homes to support 'hard-to-place' children and still achieve a good or better inspection outcome. (9 January 2018)

Re B (A Child) (Care Proceedings) [2018] EWCA Civ 20 (CA): the issue in this case was whether B, aged almost 2 years, should be placed with prospective adoptive parents or with relatives. The prospective adopters had adopted B's older brother H two years earlier. The court held that the judge had not misapplied the principles in Re T (A Child) (Early Permanence Placement) [2015] EWCA Civ 983. She had not treated the matter as a competition between the adopters and the kinship carers nor been drawn into an inquiry as to which would be the 'better' placement. In complying with her statutory duty under s.1(4), and in particular s.1(4)(f), of the Adoption and Children Act 2002, the judge could not ignore the fact that B's only full sibling, H, had been adopted and that H's adoptive parents were willing to adopt B. (17 January 2018)

Re AB (A Child) [2018] EWFC 3 (Fam Ct): this case concerned care proceedings in relation to a 4 year old boy, AB, who had a complex, life-limiting neuro-metabolic, neuro-developmental, neuro-degenerative disorder. The court had made a declaration that the relevant NHS Trust would be acting lawfully and in AB's best interests by withholding certain identified medical treatment, including all forms of resuscitation, in the event that his condition deteriorated. AB was discharged home into the care of his parents. The High Court later granted the local authority's application for a care order, finding that this would be in AB's best interests as his parents were refusing to give AB pain-relief medication, which action went against professional medical advice. The Court of Appeal allowed the parents' appeal, set aside the care order and remitted the case "for rehearing on all issues". The High Court then gave the local authority permission to withdraw its application for a care order, finding that it would be in AB's best interests as the care being given to AB by his parents, with the supporting care package, was meeting his needs, and the Symptom Management Plan was being followed.
The judge made a number of observations about how the courts approach care orders in such circumstances, including that such cases raise very complex issues as to whether the appropriate process was by way of application for a care order or application under the inherent jurisdiction. Local authorities should think long and hard before embarking upon care proceedings against otherwise unimpeachable parents who might justifiably resent recourse to what they were likely to see as an unnecessarily adversarial and punitive remedy. A local authority did not need any specific locus standi to be able to invoke the inherent jurisdiction; however, a local authority would be ill-advised to rely upon its parental responsibility under se.33(3)(a) of the Children Act 1989 as entitling it to authorise medical treatment opposed by parents who also had parental responsibility. Where a local authority was thinking of embarking upon care proceedings with a view to removing the child from the parents, it should think very carefully about both the practicalities of finding an appropriate placement, and also the practicalities of ensuring that the parents had proper contact with their child during what might be its last few months or weeks of life. (16 January 2018)

If you wish to discuss any of the items noted in this section please contact Kirtpal Kaur Aujla.

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Combined Authorities and  Devolution

CfPS: Combined authority scrutiny – Six months on: this report examines how scrutiny is being undertaken in the six Mayoral combined authorities, in order to inform discussion on how scrutiny at combined authority level might grow and develop over time. The findings suggest that, while there are teething problems, these can be resolved over time – but that will require effort. However, the resources available to members and officers presents a barrier as members' duties and responsibilities back in their home councils plus the run of regular meetings mean that longer-term planning which might clarify scrutiny’s role could be pushed to the sidelines. (16 January 2018)

MHCLG: Secretary of State’s annual report on devolution 2016 to 2017: this is the Secretary of State's second annual report under the Cities and Local Government Devolution Act 2016. It brings together information about devolution agreements reached between government and areas up to 31 March 2017. It includes a list of SIs made to implement devolution agreements between Government and areas. It also has a table showing additional financial resources and public functions that have been devolved. (10 January 2018)

If you wish to discuss any of the items noted in this section please contact Judith Barnes.

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Delivery of Services

Cabinet Office: Government protects essential public services as Carillion declares insolvency: announces that the Government will continue to deliver all public sector services following the insolvency of Carillion PLC. The Official Receiver has been appointed by the court as liquidator along with partners at PwC that have been appointed Special Managers. Government will provide the necessary funding required by the Official Receiver to maintain public services. Those already receiving their pensions will continue to receive payment.
See also Insolvency Service: Carillion declares insolvency: information for employees, creditors and suppliers, which gives information about continuity of public services for employees and suppliers.
A dedicated web page and helpline have also been set up for workers who may be concerned or have questions about their personal situation. (15 January 2018)

For more information on the implications of Carillion's insolvency on your local authority, see our Alert Carillion entering liquidation: Considerations for organisations with PFI contracts or contact our PFI team

Cabinet Office: A Shared Services strategy for government: this strategy focuses primarily on driving value and efficiency for the taxpayer by moving to the latest cloud technology, promoting simpler back office processes across departments supported by automation, and meeting the needs of end users across the Civil Service, police, and the armed forces. The new 10 year strategy aims to promote competition between shared services providers in the market, driving both performance for users, and value for the taxpayer by making service providers constantly improve their technology. It will be delivered by the newly formed Government Shared Services unit, from within the Cabinet Office, in collaboration with all government departments. (10 January 2018)

If you wish to discuss any of the items noted in this section please contact David Hutton.

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Economic Development

Welsh Government: £500,000 for town centre regeneration in Neath Port Talbot: announces funding for Neath Port Talbot Council from the Town Centre Loan Fund that aims to help bring empty, underused sites and premises in town centres back into use. (10 January 2018)

If you wish to discuss any of the items noted in this section please contact David Hutton.

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LGA: Enabling school improvement: sets out the findings of a research project into the on-going role of local authorities in school improvement. It reviews the challenges that are being faced and summarises the ways in which local authorities can support the development of effective local school improvement systems by developing and nurturing the nine key conditions set out in the report, acting as the convenor and helping the local school improvement system to develop. (8 January 2018)

DfE: Searching, screening and confiscation at school: revised guidance explaining schools' powers to screen and search pupils, and to confiscate items they find. The advice has been updated to reflect changes made in regarding preventing and tackling bullying. (18 January 2018)

ESFA: School land – Decisions about disposals: updated guide to decisions about the disposal of school land and the background to how these decisions are made. Local authorities must consult widely prior to making an application. The Government will only give local authorities and schools permission to dispose of school playing fields if the sports and curriculum needs of the school and its neighbouring schools can continue to be met. All proceeds of any sales must be put back into improving sports or educational facilities. (5 January 2018)

If you wish to discuss any of the items noted in this section please contact Frances Woodhead.

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Value Added Tax (Refund of Tax to the Essex Police, Fire and Crime Commissioner Fire and Rescue Authority) Order 2018 (SI 2018/16): this order, which comes into force on 1 February 2018, specifies the Essex Police, Fire and Crime Commissioner FRA for the purpose of s.33 of the Value Added Tax Act 1994. The effect is that the FRA will be entitled to claim a refund of VAT charged on supplies, acquisitions and importations even though those supplies, acquisitions and importations are not used for the purpose of any business carried on by it. (11 January 2018)

Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018 (SI 2018/14 (W.7)): these regulations, which come into force on 10 January 2018, make various amendments to SI 2013/3029 (W.301) and SI 2013/3035 (W.303) relating to Welsh billing authorities' schemes specifying the reductions which are to apply to amounts of council tax payable by persons, or classes of persons, whom the authorities consider are in financial need. (9 January 2018)

If you wish to discuss any of the items noted in this section please contact Judith Barnes.

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MHCLG: Inspector appointed to investigate Northamptonshire County Council: announces that the Secretary of State has appointed an inspector to look into concerns around financial management and governance at Northamptonshire CC. Max Caller has been appointed to investigate whether the council is complying with its Best Value duty under s.3 LGA 1999 to "make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness". The inspector  is to report his findings to the Secretary of State by 16 March 2018. If the inspection report shows that the council is in breach of its Best Value duty, the Secretary of State will then consider whether or not to exercise his powers of intervention under s.15 of the 1999 Act. (9 January 2018)

Combined Authorities (Mayoral Elections) (Amendment) Order 2018 (SI 2018/19) and Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2018 (SI 2018/20): these two sets of regulations, which come into force on 10 January 2018, amend SI 2017/67 and SI 2007/1024 respectively regarding the rules governing the conduct of Combined Authority Mayoral and Local Mayoral elections. In particular, they modify ss.10 and 11 of the Representation of the People Act 2000 in order that the scope for running electoral pilot schemes is extended to include Combined Authority Mayoral and Local Mayoral elections. (9 January 2018)

If you wish to discuss any of the items noted in this section please contact Judith Barnes.

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Government Policy

MHCLG: Government renews focus on housing with Ministry of Housing, Communities and Local Government: announces that DCLG has been renamed to reflect the Government’s renewed focus on housing issues, as part of the Prime Minister's ministerial reshuffle. Sajid Javid continues to head the department with the new title of Secretary of State for Housing, Communities and Local Government. The updated press release also gives details of junior ministerial appointments. (15 January 2018)

If you wish to discuss any of the items noted in this section please contact Judith Barnes.

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MHCLG: Government supports new measures to improve the safety of tenants: announces that the Government supports the Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill, that has been introduced into Parliament by Karen Buck MP. The Private Member's Bill will require all landlords to ensure that properties are safe and give tenants the right to take legal action if landlords fail in their duties. (14 January 2018)

MHCLG: New Towns – Launch of the All-Party Parliamentary Group: the Secretary of State Sajid Javid has given a speech in which he talks about the launch of the APPG on New Towns, which will better understand the challenges and opportunities for New Towns, consider how the Government can do more to support the people and places its MPs serve, and deliver the next wave of garden towns and villages. (17 January 2018)

MHCLG: Review of build out – Terms of reference: sets out the agreed terms of reference for Sir Oliver Letwin’s review into build out of planning permissions into homes, including the membership of the Panel to support this work. The review is intended to explain the significant gap between housing completions and the amount of land allocated or permissioned, and make recommendations for closing it. The review will provide an interim report in time for Spring Statement 2018 and a full report at Budget 2018. (14 January 2018)

R (J and L) v Hillingdon LBC [2017] EWHC 3411 (Admin) (Admin Ct): J was the mother of L, an eight year old child who suffered from range of disabilities including autism, global development delay, learning difficulties, long-standing ataxia and uncontrolled epilepsy. J had a history of depression. J and L were living in a privately rented bungalow that had not been adjusted to accommodate L's wheelchair, suffered from mould and damp, and was situated next to a car park and by a busy road. The bungalow was near Heathrow, on land that was due for major redevelopment, and the landlord told J that he would require possession of the bungalow when the land has been sold. J applied to the Council for housing and completed a medical assessment form providing further details of the range of difficulties faced by L arising from his disabilities and the impact on the current accommodation on his medical condition and needs. She also explained that the bungalow's location posed a danger to L who had occasionally run into the road because he had little awareness of his own safety. The Council assessed J and L as "having no identified housing need"  and so refused the register them for social housing. The letter also stated that traffic wax "unavoidable in an urban borough near Heathrow" and that maintaining a child's safety on a road was a "normal parenting role". J applied for judicial review of this decision.
The court held, granting the application, that the Decision Letter suffered from very serious defects: the letter was wholly superficial and had simply failed to engage adequately (or at all) with the risks to L arising from his housing that had been identified in the assessment. Those errors would likely have been avoided if there had been proper co-operation and discussion between the social services and housing departments. The Council had no plan in place for addressing and meeting L's identified needs; it also appeared to have had no internal mechanism even to recognise that this was the position. Had the process been properly integrated and holistic, the negative housing decision would have been picked up as important – because it left L's identified needs unaddressed – and referred back to social services for further consideration. The Council had failed to provide a mechanism allowing the situation to "be reviewed regularly to analyse whether sufficient progress [had] been made to meet [L's] needs and the level of risk faced by [L]" in accordance with the in the Working Together Guidance. (21 December 2017)

If you wish to discuss any of the items noted in this section please contact Matthew Waters.

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NAO: PFI and PF2: this briefing presents information on: the rationale, costs and benefits of the Private Finance Initiative (PFI); the use and impact of PFI, and ability to make savings from operational contracts; and the introduction of PF2. There are currently over 700 operational PFI and PF2 deals, with a capital value of around £60bn. Annual charges for these deals amounted to £10.3bn in 2016-17; even if no new deals are entered into, future charges which continue until the 2040s amount to £199bn. The briefing was prepared prior to the announcement on 15 January 2018 that the construction company Carillion was in liquidation. (18 January 2018)

Institute for Government: How to get better private finance deals for infrastructure: this report argues that if the Government wants to increase the volume of private investment in infrastructure it needs to publish a clear plan for future projects that addresses investors’ concerns about who will ultimately pay for them. It contends that persistent uncertainty will reduce the number of investors willing to bid, which will lead to inferior contract terms and ultimately higher costs for taxpayers and consumers. It also finds Whitehall needs more civil servants with the commercial skills to negotiate and manage private finance deals effectively – current civil service capability is not sufficient to meet the Government’s objective of substantially increasing private investment in infrastructure. The Government must increase the number of project finance specialists able to manage the specific contractual issues that come with private finance. (17 January 2018)

Transport for the North: Draft Strategic Transport Plan: this draft 30 year plan outlines how transport connections across the North of England need to be transformed by 2050 to drive growth and close the economic gap between the North and the rest of England. It  identifies seven strategic development corridors across the region where it will focus on improving transport infrastructure. It also outlines the emerging vision for Northern Powerhouse Rail, a rapid, reliable and resilient rail network between the North’s six biggest cities and other economic centres, accompanied by an updated Rail Strategy for investment in the North’s existing lines, stations, services and franchise operations. The closing date for comments is 18 April 2018.  (16 January 2018)

If you wish to discuss any of the items noted in this section please contact David Hutton.

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Home Office: Relaxation of licensing hours for the Royal Wedding: seeks views on proposals to make a licensing hours order under s.172 of the Licensing Act 2003 to mark the wedding of Prince Harry and Meghan Markle on 19 May 2018. The order would extend opening hours to 1am on Saturday 19 May and Sunday 20 May 2018 for the sale of alcohol for consumption in licensed premises in England and Wales. The consultation closes on 4 February 2018. (7 January 2018)

If you wish to discuss any of the items noted in this section please contact Adam Kendall.

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Planning Procedure

MHCLG: Strengthened planning rules to protect music venues and their neighbours: announces that the Government is to consult on changes to the National Planning Policy Framework, so as to include detailed reference to the ‘Agent of Change’ principle. The proposed changes would mean that planning policies and decisions should take account of existing businesses and other organisations, such as churches, community pubs and music venues, when locating new development nearby and, where necessary, mitigate the impact of noise and other potential nuisances arising from existing development.
See also the Planning (Agent of Change) Bill, a Private Member's Bill introduced into the Commons by John Spellar MP, which would require specified planning controls in relation to developments likely to be affected by existing noise sources. (18 January 2018)

Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (SI 2017/1243): these regulations, which come into force on 31 January 2018, amend SI 2012/637 following the implementation of s.4 of the Neighbourhood Planning Act 2017, which provides for the modification of a neighbourhood development plan. The regulations amend Part 5 of the 2012 Regulations in relation to the procedure for making neighbourhood development plans so as to apply these provisions to the modification of a neighbourhood development plan. (13 December 2017)

R (Legard) v Kensington and Chelsea RLBC [2018] EWHC 32 (Admin) (Admin Ct): L owned a site that was designated in the draft Neighbourhood Plan (NP) as a "local green space". L applied for judicial review of the council's decision to permit the NP to proceed to a referendum. L contended, among other things, that the decision was tainted by apparent bias or unfairness in the process. He claimed that the chairman of the Neighbourhood Forum, P, had had an uncontrolled and pivotal role in the NP process, and that P had been afforded privileged access to the Council's members and officers and exerted an overwhelming influence on the Council.
The court held, refusing the application, that there was no substance in the claim that the council was apparently biased towards P nor was there any unfairness in the process. There was no illegality in the way the decision was reached. (12 January 2018)

If you wish to discuss any of the items noted in this section please contact Kathryn Lawrance.

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CCS: Commercial capability – Contract management standards: CCS has published updated contract management principles, contract management framework summary; and contract management operating model overview. These are based on NAO contract management guidance and address recommendations in their latest related reports. The standards also reflect relevant Government Commercial Operating Standards Iteration ii 2016. Their design enables them to be used by government departments and wider public sector organisations for the management of their contracts. (18 January 2018)
CCS: Model services contract: the CCS has published an updated version of the Model Services Contract that reflects developments in government policy, regulation and the market. The MSC forms a set of model terms and conditions for major services contracts that are published for use by government departments and many other public sector organisations. There are separate versions for England & Wales and for Scotland. There is also is a Statement of Changes showing what has changed and where from the previously issued version. (18 January 2018)

If you wish to discuss any of the items noted in this section please contact Emily Heard.

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Public Health

Welsh Government: Statutory guidance for local authorities – Local toilets strategies: seeks views on draft statutory guidance under Part 8 of the Public Health (Wales) Act 2017 which places a duty on local authorities to prepare and publish a local toilets strategy for their area. Local toilets strategies are about encouraging local authorities to make the best use of existing available facilities and seek creative partnerships to encourage the opening up of toilets that the public may be unaware are there, or feel obliged to be a customer to use. The Act does not expressly require local authorities to provide and maintain traditional public toilets. The consultation closes on 4 April 2018. (10 January 2018)

If you wish to discuss any of the items noted in this section please contact Frances Woodhead.

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Regulatory Services

Home Office: Investigatory powers regulations – Explanatory memorandums: the Government has laid draft regulations that bring into force five Codes of Practice (CoPs) regarding functions carried out under the Investigatory Powers Act 2016. The Act provides a new framework to govern the use and oversight of investigatory powers by law enforcement and the security and intelligence agencies. The five CoPs relate to: the interception of communications; equipment interference; the bulk acquisition of communications data; national security notices; and the intelligence services’ retention and use of bulk personal datasets. In addition, three draft regulations under the 2016 Act were also laid in Parliament, that cover a number of technical provisions giving effect to the Act’s provisions. These explanatory memorandums set out the background to the regulations and CoPs, and explain their provisions. (8 January 2018)

Draft Littering from Vehicles outside London (Keepers: Civil Penalties) Regulations 2018: these draft regulations, which are scheduled to come into force on 1 April 2018, confer a power on English district councils (outside London) to require the keeper of a vehicle to pay a fixed penalty if there is reason to believe that a littering offence has been committed from the vehicle. This power is similar to that already conferred  on London borough councils by s.24 of the London Local Authorities Act 2007 to impose a penalty charge on the owner of vehicles from which litter is thrown. The range of penalty amount (£65 to £150) and the default penalty amount (£100) are aligned with those for the offence of leaving litter under s.87 of the  Environmental Protection Act 1990. (21 December 2017)

Waltham Forest LBC v Persons Unknown (Unreported, QBD): the Council applied for a permanent injunction to prevent travellers from camping on green spaces in the borough, and to extend the injunction to include industrial sites. After the court had granted an interim injunction in October 2017 that prohibited camping on green spaces in the borough, the travellers had moved on to industrial estates, targeting unprotected sites. The Council therefore also sought a borough-wide injunction to restrain encampments on industrial sites, including eight car parks and five industrial estates.
The court held, granting the application, that any interference with an individual's right to respect for his or her home, even if in accordance with national law and directed to a legitimate aim, had to be proportionate. The green spaces were for the local residents to enjoy, and it was not a case where the travellers would be made homeless as a direct result of the order. Continuing the injunction was both just and proportionate. It was appropriate to grant the injunction for three years to protect the residents and to act as deterrence. Regarding the industrial sites, the court was satisfied that the travellers were causing disruption and that the industrial sites were not being used for their intended purposes, creating health risks. It was just and convenient in the circumstances to grant an interim injunction. However, it was not appropriate to grant a final injunction with regard to the industrial sites without giving the travellers an opportunity to respond at a return date. (12 January 2018)
The judgment is available on Lawtel (subscription required).

If you wish to discuss any of the items noted in this section please contact Adam Kendall.

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Social Enterprises

DCMS: £1.7 million funding boost to Public Service Mutuals: the Minister for Sport and Civil Society Tracey Crouch has announced that an additional £1.7m will be available to public sector bodies wanting to create public service mutuals. Of the allocated funding, £1.2m will be used to help establish new mutuals or strengthen existing ones by providing access to advice. The remaining £500,000 will be used to pilot programmes which encourage mutuals to collaborate with social enterprises, or voluntary and community organisations, to broaden the public services they offer. (12 January 2018)

If you wish to discuss any of the items noted in this section please contact Chris Harper.

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Cabinet Office: Ministerial Code: this updated Code sets out the standards of conduct expected of ministers and how they discharge their duties. It should be read against the background of Ministers' overarching duty to comply with the law and to protect the integrity of public life, and to observe the Seven Principles of Public Life. (9 January 2018)

If you wish to discuss any of the items noted in this section please contact Frances Woodhead.

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Advanced Quality Partnership Schemes (England) Regulations 2018 (SI 2018/21): these regulations, which come into force on 8 February 2018, set out the processes by which bus operators can object to elements of a local transport authority’s (LTA's) proposals for an Advanced Quality Partnership Scheme (AQPS). They implement part of the Bus Services Act 2017 that enable LTAs and bus operators to enter into partnership arrangements to provide better local bus services for passengers and to help LTAs deliver the policies set out in their local transport plans. They aim to address issues to address some of the issues about existing Quality Partnership Schemes (QPS) in order to encourage take-up by authorities and operators of partnerships.
The Advanced Quality Partnership Schemes (Existing Facilities) (England) Regulations 2018 (SI 2018/22) place some limitations on the facilities that an LTA can provide as part of an AQPS. (17 January 2018)

If you wish to discuss any of the items noted in this section please contact Jonathan Turner.

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