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The Practical impact of the Procurement Act 2023
– the challenges, the benefits and the legal lacunas

 

 

 

 

 

 

 

 

In the second of three articles for Local Government Lawyer on the Procurement
Act 2023 one year after it went live, Katherine Calder and Victoria Fletcher from
DAC Beachcroft consider some of its practical impact and implications, including
how to choose the right regime, how authorities are tackling the notice requirements,
considerations when making modifications, and setting and monitoring KPIs.

The Practical impact of the Procurement
Act 2023 – the challenges, the benefits
and the legal lacunas

 

 

 

 

Katherine Calder and Victoria Fletcher from DAC Beachcroft
consider some of its practical impact and implications,
including how to choose the right regime, how authorities
are tackling the notice requirements, considerations when
making modifications, and setting and monitoring KPIs.

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Weekly mandatory food
waste collections

 

 

 

 

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

Weekly mandatory food
waste collections

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

Slide background

The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.

The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.
Slide background

Service charge recovery
and the Building Safety Act 2022

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

Service charge recovery
and the Building Safety Act 2022

 

 

 

 

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

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Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

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Injunctions to restrain breaches of planning control

Mark O’Brien O’Reilly reports on a council’s successful application for a final injunction with both mandatory and restraining elements following unauthorised development in the Green Belt.
April 09, 2026
Injunctions to restrain breaches of planning control

Who bears the burden?

The High Court has confirmed the law on proving whether advertising consent has been obtained. Chris Jeyes considers the judgment.
April 08, 2026
Who bears the burden?

Lawfulness and applications for a CLEUD

The High Court has confirmed that lawfulness is to be determined as at the date of the application for a CLEUD. Jonathan Welch analyses the ruling.
April 08, 2026
Lawfulness and applications for a CLEUD

The Cardiff Airport subsidy control ruling

The UK’s first aviation Subsidy Control case has been decided in favour of the Welsh Government. Alexander Rose considers the key elements of the Competition Appeal Tribunal's decision for public sector lawyers advising upon Subsidy Control matters and explores whether this case…
April 08, 2026
The Cardiff Airport subsidy control ruling

White Paper on SEN reforms: some lessons from the current Welsh SEN system

Martha Glynn, Benjamin Deery and Heather Burrows of SV Law explore some of the most potentially impactful proposals in the Government’s White Paper on SEN reforms and provide insights derived from working within an arguably analogous policy framework in the current Welsh SEN…
April 08, 2026
White Paper on SEN reforms: some lessons from the current Welsh SEN system

Greyhound racing and the separation of powers

A recent judgment from the Administrative Court in Wales contains several points of interest for constitutional and public law practitioners, writes Ian Rogers KC.
April 07, 2026
Greyhound racing and the separation of powers

The Hillsborough Law Bill: implications for public bodies

Fiona Scolding KC considers the practical steps that public bodies will need to take in order to ensure they comply with the new duties set out in the Hillsborough Law Bill.
April 02, 2026
The Hillsborough Law Bill: implications for public bodies

Dispensing with notice to father

It is vital that those representing local authorities or vulnerable parents understand the evidentiary threshold and procedural safeguards surrounding applications to dispense with notice to a father in child protection proceedings, writes Daniel Sheridan.
April 02, 2026
Dispensing with notice to father

Court of Protection case update April 2026

Lamis Fahad and Caitlin Smithey round up the latest Court of Protection judgments of interest to practitioners.
April 02, 2026
Court of Protection case update April 2026

The new PD27A: a step change in Family Court bundle and document management

Ashley Lord breaks down the revised Practice Direction 27A, which is now in force, marking a major shift in how bundles are managed across the Family Court. The update brings stricter rules, clearer structure, and a strong emphasis on high‑quality e‑bundles.
April 02, 2026
The new PD27A: a step change in Family Court bundle and document management

The ERA – Benefits and Working Conditions

Catrin Mills and David Leach provide an overview of the key changes within the Employment Rights Act to workplace benefits and working…
Apr 01, 2026
The ERA – Benefits and Working Conditions

Asylum hotels, overcrowding and the HMO rules

A recent High Court judgment on asylum hotels has given guidance on adequacy, overcrowding and the HMO rules. Ben Amunwa examines the…
Apr 01, 2026
Asylum hotels, overcrowding and the HMO rules

Defective but not fatal

Craig Leigh looks at the Court of Appeal case of Duffy v Birmingham City Council, which involved an underlying housing conditions claim,…
Mar 31, 2026
Defective but not fatal

Intervention: the Monitoring Officer’s view

The views of Monitoring Officers must be considered when finding lessons we can learn from intervention, writes Dr Paul Feild.
Mar 26, 2026
Intervention: the Monitoring Officer’s view

The role of the backbench councillor

Backbench councillors in local authorities with a Leader/Cabinet model are often regarded as having little or no power to influence or take…
Mar 26, 2026
The role of the backbench councillor

FOI and information held on computer systems

Do public authorities ‘hold’ all information on their computer systems? Conor Monighan analyses a recent Upper Tribunal ruling.
Mar 26, 2026
FOI and information held on computer systems

Correcting mistakes in public decision making

David Blundell KC and Hafsah Masood analyse a significant Court of Appeal decision on incidental powers in public law.
Mar 26, 2026
Correcting mistakes in public decision making

The powers of exclusion panels

On 5 March 2026, the High Court gave judgment in a case concerning two permanent exclusions. The judgment provides detailed consideration…
Mar 18, 2026
The powers of exclusion panels

Mar 18, 2026

Removal from kinship care

A Family Court judge recently decided that a local authority’s removal of a six-year-old boy from his aunt’s care was wrongful. Eleanor…
Mar 18, 2026

Navigating the expansion of foster care

Sarah Erwin-Jones looks at the risks, opportunities and strategic solutions for local authorities when it comes to expansion of foster care.
Mar 13, 2026

Adoption vs long-term fostering

The Court of Appeal has dismissed an appeal by a local authority over a judge’s decision to refuse to make a placement order at the…
Mar 13, 2026

Care leavers and redaction of records

Is redaction of records necessary for privacy, or a cause of harm and frustration? Peter Garsden of the Access to Care Records Campaign…
Mar 13, 2026

Planning appeals and costs awards

Christopher Moss covers a recent judgment in which the Court of Appeal considered whether a Local Planning Authority had behaved…
Mar 12, 2026

The latest Sizewell C JR

The Court of Appeal recently refused permission to appeal in the latest Sizewell C judicial review, with the application certified as being…
Mar 06, 2026

Disclosure to the DBS

The High Court recently ordered a local authority to disclose to the Disclosure and Barring Service (DBS) findings made by the Family Court…
Mar 05, 2026

Housing case alert - February 2026

Tim Pearl, Tom Bradbury and Sumi Begum round up the latest housing law judgments of interest to local authorities and housing associations.
Feb 27, 2026

Book review: “Reforming lessons”

Geordie Cheetham and Satnam Virdi review “Reforming Lessons: Why English Schools Have Improved Since 2010 and How This Was Achieved” by…
Feb 26, 2026

Transparency in FII cases

In a recent case Mrs Justice Lieven dealt with Transparency Orders in care proceedings. Graeme Bentley analyses the ruling.
Feb 25, 2026

Court documents and AI

Tom Whittaker summarises the key points from a Civil Justice Council consultation on use of AI in preparing court documents, including…
Feb 25, 2026

What is an Officer?

Geoff Wild considers what exactly is an 'officer' of a council and explores the complex rules that surround their appointment and dismissal.
Feb 24, 2026

2026 in construction: a look ahead

Michael Comba and Rachel Murray-Smith provide a summary of the key points of interest in the upcoming year in the construction sector,…
Feb 18, 2026

A Welsh white leopard?

Alex Ruck Keene KC (Hon) looks at a recent case where litigation capacity in the absence of subject-matter capacity was revisited.
Feb 18, 2026

Conversion to an ‘empty’ MAT

Gerry Morrison considers the legal, governance and practical implications of Franklin Sixth Form College’s conversion to an ‘empty’…

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Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

Councils must ensure their scrutiny arrangements are separate from executive functions and that there is effective challenge when there is evidence of serious potential problems, MPs have said.

The Communities and Local Government (CLG) committee said the earlier Jay Report into child sexual exploitation in Rotherham, published in August, had revealed “systemic failures”.

In its own report, Child sexual exploitation in Rotherham: some issues for local government, the MPs found that “senior council officer advice at Rotherham was poor, councillors failed to ask the right questions and, while the council had in place a panoply of child protection policies and plans, these were never effectively checked”.

The committee warned that the circumstances found within Rotherham – “policies divorced from reality, single party supremacy and a dominating personality with predominate influence” – were likely to be found in other local authorities.

The committee’s report also said:

  • There should be an investigation into why key documents covering 1999 to 2003 and of prime importance to establish what went wrong within Rotherham were missing;
  • It would call Ofsted in to face questioning that “at least in part” it failed the children of Rotherham;
  • It was correct for senior officers and the former Leader of the council to leave their posts;
  • There should be mechanisms in place to ensure responsible senior individuals were held to account, even if they had left the authority to work elsewhere. These arrangements would need to balance accountability and fairness;
  • Louise Casey, who has been asked by the Government to hold a compliance inspection of the council, would be invited to give evidence to the committee after she has reported.

Clive Betts MP, chair of the CLG committee, said: “As a committee, we heard alarming evidence that the organised child sexual exploitation at Rotherham is prevalent across England. Rotherham is not an outlier.

"It’s important to note that it was the press which stimulated action in Rotherham, not the council’s own system of challenge or scrutiny, nor external inspections. It’s vital local authorities across the country now ensure their scrutiny, governance, and leadership is fit and ready to identify and combat child sexual exploitation in their communities.”

Betts added: “Serious questions also need to be asked of Ofsted. Repeated Ofsted inspections in Rotherham failed to lift the lid on the council’s shameful inability to tackle child sexual exploitation. As a committee, we will want to question Ofsted about their inspection regime and ask why their inspections were so ineffective in Rotherham.”

The committee said it expected its successor committee in the next parliament to review the findings and conclusions of the Independent Panel Inquiry into Child Sexual Abuse as they related to local government.

Reacting to the CLG committee report, an Ofsted spokesperson said: “Ofsted welcomes the opportunity to give evidence to the committee. In common with a number of organisations, we accept that past inspections may not have given child sexual exploitation the forensic focus it needed and deserved.  
 
“That’s why last year we introduced a new and much more rigorous inspection framework for inspecting children’s services, which places a stronger emphasis on the issue. Inspectors now look closely at the experiences of children, focusing sharply on whether the risks of sexual exploitation are understood and acted upon by frontline agencies.”

The spokesperson said Ofsted would this week publish its first in-depth nationwide survey into local authority practice and responses to child sexual exploitation.

“In recent years Ofsted gave Rotherham Council a range of judgements, finding it ‘inadequate’ in 2009 on a number of safeguarding and child protection issues,” they added.

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