15/10/2026
Welcome to the October edition of Local Authority View, an update summarising recent Government publications, legislation, cases and other developments relevant to those involved in the local authority sector.
This month, we have covered the following:
The National Scheme of Delegation of Planning Functions: Are you ready for it?
Procuring with strategic intent and a focus on national security
School non- attendance: navigating enforcement, support and legal duties
The rise of AI in litigation: Managing AI-generated complaints, claims and DSARs
What do recent cases tell us about AGNI and deprivation of liberty for children and young people?
Decarbonisation Delivery Hub
We have commissioned research to explore the barriers, opportunities and emerging delivery models shaping local authority energy and decarbonisation programmes.
The National Scheme of Delegation of Planning Functions: Are you ready for it?
The National Scheme of Delegation is changing how planning decisions are made in England.
Introduced through the Planning and Infrastructure Act 2025, it sets out which applications officers can decide and which go to committee. This article explains how it works and what local authorities should do next.
Procuring with strategic intent and a focus on national security
Local authorities are increasingly being encouraged to look beyond immediate cost and consider the wider strategic and national security implications of procurement. Recent government guidance highlights the importance of supply chain resilience, market stability and long-term value when procuring in critical sectors such as energy infrastructure, steel and AI.
While the policy is primarily aimed at central government, councils undertaking high-value or strategically important procurements may benefit from adopting its principles. The article explores the growing expectation for public bodies to take a broader, more proactive approach to procurement planning, risk management and value assessment.
School non- attendance: navigating enforcement, support and legal duties
Persistent and severe school absence remains above historic levels, and the pressure for local authorities to act is growing.
However, attendance is about more than enforcement. It is bound up with education attainment, safeguarding and children's wellbeing. This article examines the current policy position, the practical challenges, and the road ahead for local authorities.
Capacity to Engage in Sexual Relations: navigating the age of consent, previous convictions and the functional test in the MCA
Local authorities regularly face difficult decisions where safeguarding responsibilities intersect with an individual's rights and autonomy. A recent Court of Protection case examines key issues relating to capacity to engage in sexual relations, including understanding consent, recognising the age of consent and the role previous sexual offending may play in capacity assessments.
This article highlights the importance of looking beyond clinical assessment settings to understand how individuals function in everyday situations. It provides practical insights for social workers, safeguarding leads and legal teams navigating complex mental capacity and risk management decisions.
The rise of AI in litigation: Managing AI-generated complaints, claims and DSARs
As AI tools become increasingly accessible, local authorities may see a rise in AI-generated DSARs, complaints and pre-action correspondence. While these requests can contain errors, incorrect legal assumptions and overly broad demands, authorities still have a duty to engage with requestors and assess requests on their merits.
This article examines the practical implications for information governance and legal teams, including when a request may be considered manifestly excessive or unfounded, and how early communication can help resolve misunderstandings and reduce unnecessary escalation.
What do recent cases tell us about AGNI and deprivation of liberty for children and young people?
Two recent court decisions have clarified how deprivation of liberty should be assessed for children and young people in the post-AGNI landscape. The judgments emphasise that a child's views, understanding and experiences of their placement can be highly relevant when determining whether restrictive arrangements amount to a deprivation of liberty.
For local authorities, the cases underline the need to actively seek, record and review children's wishes and feelings, while ensuring that restrictive practices are proportionate, justified and subject to appropriate oversight.
This article explores the practical implications for social care, safeguarding and placement decision-making.
Policy moves fast. Stay ahead of the trends by following our dedicated Central & Local Government page.
