Top family judge urges earlier involvement of local authority lawyers

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Call to reform age assessment systems as councils incur massive legal costs
20/05/13: The system for assessing the age of children arriving alone in the UK is inadequate and costing local authorities up to hundreds of thousands of pounds in unnecessary legal costs, a report has claimed.

High Court grants permission for JR of max expenditure policy on adult care
20/05/13: A judge has given permission for a claimant to bring a judicial review challenge over a council’s plans for a ‘maximum expenditure policy’ on funding for adult care packages where people choose to live in the community.

LBLA starts process of selecting new solictors framework agreement
17/05/13: The starting gun has this month been fired for places on one of the most high-profile solicitors framework agreements in local government.

NHS Shared Business Services kick-starts £130m legal services tender
17/05/13: NHS Shared Business Services has kick-started the procurement exercise for a legal services framework agreement potentially worth more than £130m over four years.

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Flexible tenancies: top tips for drafting
Having assisted a number of local authorities and housing associations, Jon Holbrook offers his top tips for landlords drafting flexible tenancy agreements. 

Costs following settlement of JR proceedings
Jonathan Auburn and Benjamin Tankel review recent cases on the recovery of costs following settled judicial review proceedings.  

A noxious nuisance – lessons for council lawyers?
A recent case on nuisance contains some important lessons for council litigation lawyers, argues Nicholas Dobson.

To decide or not to decide, that is the question
Dave Phillips and Naomi Madderson consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed.

Backing contact arrangements with penal notices and injunctions
The Court of Protection team at 39 Essex Street look at a case where an order relating to contact arrangements was backed by a penal notice and injunctions.

Homeless persons, vulnerability and personal circumstances
The Court of Appeal has provided important guidance on the matters to be taken into account when deciding whether a homeless person is “vulnerable” for the purposes of the Homelessness Act 1996. Paul Brown QC explains the ruling.

Planning time limits and the EIA Directive
Are time limits for planning enforcement compatible with the Environmental Impact Assessment directive? Clare Parry reports on a recent High Court ruling.

Heritage reform and the Enterprise and Regulatory Reform Act 2013
New legislation looks set to speed up the process of applying for listed building consent, writes David Merson.

Procuring health care services for the NHS
New regulations set out the principles and procedures for NHS England and clinical commissioning groups when it comes to specialist procuring activities and commissioning. Richard Auton looks at what they say.

Assessing capacity to consent to contact
The Court of Appeal has considered the approach to take when assessing a wife’s capacity to decide to live with her husband on his release from prison. Lee Parkhill looks at the judgment.

The public sector equality duty and procurement
What is the interplay between the public sector equality duty and procurement? Richard Auton examines the relationship and recent guidance from the Equality and Human Rights Commission. 

Full steam ahead?
The Government's consultation on proposed reforms to judicial review drew a furious response from certain quarters, but ministers are unrepentant. Virginia Cooper, Emily Heard and Andrew Robertson set out the key measures.

When is guidance ‘statutory’ and does it matter?
Allan Norman analyses the status of 'guidance' and the wider implications of a 2012 High Court ruling, including for the childcare field.

Parental choice of mainstream education
A recent Upper Tribunal case related to parental choice of mainstream education for a child with complex special educational needs and raised important procedural issues, writes Rachel Kamm.

Public land and property development
Selling public land, or making it available for development, is high up on the Government’s growth agenda. But property development is a risky business. How can public sector organisations seek to manage this risk? Phil Lawrence looks at the key issues and the use of s. 237 TCPA 1990.

The deregulation of regulated entertainment
Andy Woods looks at the latest deregulation of regulated entertainment proposed by the Department for Culture, Media and Sport following on from the Live Music Act 2012

Major changes on the way to health and safety?
Legislation that could see significant reform to health and safety recently received Royal Assent. Amy-Jo Campbell and Roy Woollard consider the implications.

Caldicott 2: to share or not to share
Dame Fiona Caldicott's long awaited report on service user confidentiality in the health and social care system was published last week. Eleanor Tunnicliffe explains how the findings affect all organisations working in the health and social care sector.

The road to clarity
The Court of Appeal has delivered important guidance on the status of the Code of Practice, "Well Maintained Highways”. Mark Fowles and Lorna Herring analyse the judgment and its implications for local authorities.

Disclosure of documents in procurement disputes
Bidders who miss out on a procurement will often want to get hold of documents to see if they can bring legal action. Helen Prandy looks at the issues this raises.

Highway to CIL
Government proposals to reform further the Community Infrastructure Levy have a focus on highway works. Matt Gilks analyses the measures.

Nuisance: the danger with delay
Gwendoline Davies reviews a recent High Court ruling – in a nuisance case involving a local authority – that is consistent with recent reforms to cost and case management in civil litigation.

Controlling residential objectors
Paddy Whur reports on a recent licensing sub-committee hearing that provided a prime example of the frustration residents often feel when they find it difficult to focus their objections on matters which the authority can rightly take into consideration when determining an application.

Age assessments and the Home Secretary
Jonathan Auburn and Benjamin Tankel analyse a recent High Court case on whether the Home Secretary had been entitled to proceed on the basis of a Merton-compliant age assessment.

Best interests, medical treatment and quality of life
The Court of Appeal has handed down a key ruling on best interest decisions, medical treatment, quality of life and the patient's wishes. The Court of Protection team at 39 Essex Street consider the judges' reasoning.

Ministerial statements and material considerations
A recent High Court judgment considered the sometime murky question of whether ministerial statements amount to material considerations in the determination of planning decisions. Suzan Yildiz and Adam Baker consider the relevant practice points.

Closure of the Independent Living Fund
The Government has defended a JR challenge to the process behind its decision to close the Independent Living Fund. Lee Parkhill considers the significant issues which the ILF's closure  will present to local authorities.

The duty to consult with parents
A High Court judicial review on the duty to consult cautions against the policy of local authorities to make unilateral decisions about children. Clare Ciborowska looks at the lessons to be learned.

The s. 106 that wasn't a s. 106
David Brock analyses a recent High Court judgment that found a purported s. 106 agreement was invalid, and calls on the DCLG to address the problems the case raised.

Local authorities and families with no recourse to public funds
Jonathan Auburn and Benjamin Tankel review three recent cases relating to the duty of local authorities to provide for families with no recourse to public funds.

Don’t look down
The Court of Appeal has looked at whether a homeless applicant with a fear of heights could refuse an offer of accommodation the local authority considered suitable. Alexander Campbell assesses the implications.

The reasonably well informed tenderer
A Scottish Court has applied a “reasonably well-informed and normally diligent” tenderer test to assessing procurement award criteria. Rachel Bickler explains the background to the ruling.

Social security fraud and cohabitation
Joseph Millington considers the thorny question of prosecuting a co-habiting partner in benefit fraud cases.

Planning policy versus the UN rights of the child
How does planning law fit with the rights of the family and of the child under international law? David Hart QC analyses a recent High Court ruling.

How relevant today are s. 106 agreements?
The role of s. 106 agreements is being challenged by reforms such as the Community Infrastructure Levy and changes in the Growth and Infrastructure Bill. Chad Sutton analyses the latest developments.

The Newhaven village green case
Paul Wilmshurst analyses the many issues raised in the recent Court of Appeal case over whether a beach should be registered as a village green.

In a blaze of publicity
The Department for Communities and Local Government is seeking power to direct local authorities’ compliance with the Publicity Code. The move raises significant issues, write Olwen Dutton and Peter Keith-Lucas.

Losing control of the rudder?
Allan Norman considers how assessments of need without significant harm are treated under 'Working Together 2013’ and ls left distinctly inimpressed.

The new local growth landscape
Anja Beriro looks at the state of play with local enterprise partnerships and the role of local authorities in driving economic growth.

One size does not fit all
Maria Memoli explains the background to the fight to retain the two seats on the Law Society Council for local government and to ensure candidates were proposed by way of nomination.

Tax avoidance and bidding for government contracts
The Treasury and the Cabinet Office have unveiled measures that mean companies involved in tax avoidance schemes could be barred from Government contracts. David Hansom looks at the implications.

No surrender?
Phil Lawrence looks at the options with a lease when it comes to surrenders and re-grants.

Articles of good faith
The Court of Appeal has handed down a major ruling on the contractual issues of co-operating in good faith and exercising discretion. Colin Ricciardello identifies the lessons to be learned.

Disappearing act
Human rights appear to have been airbrushed from the Government’s streamlined version of the ‘Working Together’ guidance for safeguarding children, writes Allan Norman.

Human rights and licensing legislation
Andy Woods highlights the importance of human rights legislation insofar as licensing applications and hearings are concerned.