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Local Government Lawyer

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Establishing relevant defects under
the Building Safety Act

 

 

 

 

 

 

 

 

 

The First Tier Tribunal has provided helpful clarity on what amounts to a
“relevant defect” for the purposes of Remediation Orders and Remediation
Contribution Orders under the Building Safety Act 2022, writes Sarah Grant.

Establishing relevant defects under
the Building Safety Act

 

 

 

 

The First Tier Tribunal has provided helpful clarity on what
amounts to a “relevant defect” for the purposes of
Remediation Orders and Remediation Contribution
under the Building Safety Act 2022, writes Sarah Grant.

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The Employment Rights Act 2025:
What Public Sector Employers Need to Know

 

 

 

 

 

 

 

 

Many of the changes in the Employment Rights Act 2025 will have a significant
operational and financial impact on public sector employers, particularly
local authorities and schools, where large workforces, high levels of unionisation
and public accountability increase exposure to risk.

The Employment Rights Act 2025:
What Public Sector Employers Need to Know

 

 

 

Many of the changes in the Employment Rights Act 2025 will
have a significant operational and financial impact on public
sector employers, particularly local authorities and schools,
where large workforces, high levels of unionisation and
public accountability increase exposure to risk.

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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.

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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.
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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.

Assets of Community Value – a sporting revolution

Proposed reforms to the Assets of Community Value regime, particularly in respect of sports grounds, are important for local authorities to understand, writes Sadie Pitman.
April 17, 2026
Assets of Community Value – a sporting revolution

A new generation of development corporations

In the first in a series of articles, Thomas Horner looks at the role development corporations could play in delivering the new towns agenda.
April 17, 2026
A new generation of development corporations

Titchfield Festival Theatre - the new chapter. Or not, as it happens

The Court of Appeal recently clarified how s.57(4) of the Town and Country Planning Act 1990 applies when an enforcement notice is issued but planning permission is not required for some of the land concerned to revert to its lawful use immediately before an alleged breach.…
April 17, 2026
Titchfield Festival Theatre - the new chapter. Or not, as it happens

Housing offences and increased penalties

David Smith looks at whether the Sentencing Council’s proposed sentencing guidelines for offences related to housing will change local authorities’ approach to enforcement.
April 17, 2026
Housing offences and increased penalties

Permission for Take Off: £205m Cardiff Airport Subsidy Authorised by the CAT

This week saw the Competition Appeal Tribunal (“CAT”) hand down judgment in the case of Bristol Airport Limited v Welsh Ministers [2026] CAT 30. It’s a subsidy control case of particular interest, as it is the first to interrogate the level of detail required from the assessment…
April 16, 2026
Permission for Take Off: £205m Cardiff Airport Subsidy Authorised by the CAT

New Regulations for the Use of AI in Court Documents?

Fred Groves and Christopher Watkins provide insight into growing judicial concern about accuracy, professional responsibility and the efficient administration of justice in the face of Artificial Intelligence.
April 16, 2026
New Regulations for the Use of AI in Court Documents?

Children law update - Easter 2026

Michael Jones KC analyses the latest public law children cases of interest to practitioners.
April 15, 2026
Children law update - Easter 2026

Officer reports and decisions to close care homes

The Court of Appeal has confirmed the lawfulness of Kirklees Council’s decision to sell two adult care homes to a private provider. Peter…
Apr 15, 2026
Officer reports and decisions to close care homes

Ordinary residence - Worcestershire revisited?

Peggy Etiebet and Lee Parkhill analyse the amendments to section 117(3) of the Mental Health Act 1983 by the Mental Health Act 2025.
Apr 15, 2026
Ordinary residence - Worcestershire revisited?

Good practice in post-adoption contact

A Family Court judge has provided key guidance on post-adoption contact. Natalie Oakes sets out the main points from the ruling.
Apr 15, 2026
Good practice in post-adoption contact

The neighbourhood health framework

James Arrowsmith makes some initial observations for social care providers on the neighbourhood health framework.
Apr 15, 2026
The neighbourhood health framework

Public money and double recovery

The Administrative Court recently quashed a decision by a council to refuse to fund a disabled adult’s care needs and to seek repayment of…
Apr 14, 2026
Public money and double recovery

The new Housing Streamlined Route

Alexander Rose and Kanyinsola Lawal explain how public authorities can make use of the new 'Streamlined Route' for housing and assess…
Apr 14, 2026
The new Housing Streamlined Route

Planning committees and delegation

The government’s proposed reforms to planning committees and delegation could herald a new councillor–officer dynamic, writes Nagla Stevens.
Apr 09, 2026
Planning committees and delegation

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…
Apr 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.
Apr 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…
Apr 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…
Apr 08, 2026
The Cardiff Airport subsidy control ruling

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…
Apr 07, 2026
Greyhound racing and the separation of powers

Dispensing with notice to father

It is vital that those representing local authorities or vulnerable parents understand the evidentiary threshold and procedural safeguards…
Apr 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.
Apr 02, 2026
Court of Protection case update April 2026

Mar 31, 2026

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 26, 2026

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 18, 2026

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

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 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…

North Somerset Council has written to the Secretary of State for Education warning that the Government’s safety valve programme, which is designed to manage local authorities' SEND budget overspends, has “fallen short” in several key areas.

The local authority claimed it might be “forced into making cuts”, impacting vulnerable children.

It also warned that despite its commitment to meeting the needs of children with special educational needs and disabilities (SEND), escalating costs are placing an “unsustainable burden” on its budgets.

Cllr Catherine Gibbons, North Somerset's lead member for children's services, wrote: “This pressure is exacerbated by the failure of the Safety Valve Programme to deliver the anticipated financial benefits and savings that were intended to bring much-needed relief to local authorities like ours.”

Safety valve agreements are written agreements by individual local authorities with the Department for Education (DfE), agreeing that the DfE will “bail out” local authorities that have over-spent on their high needs budgets.

In exchange for financial assistance, local authorities are asked to agree to a plan which will eventually return them to a point where their spending is within budget.

However, the council said in its letter to Bridget Phillipson that the programme has “fallen short” in several key areas:

  1. “Inadequate Funding: The funding provided through the programme has not kept pace with the actual costs of delivering SEND services. This has left us struggling to bridge the gap between funding and expenditure.
  2. Implementation Delays: Delays in the implementation of the programme have prevented timely interventions, exacerbating our financial difficulties and leading to a situation where it is increasingly difficult to manage our deficit. This is particularly true for delayed capital programmes operated by the Department for Education.”

The council warned that without “urgent and substantial” changes to the way SEND services are funded, it will be “forced into making cuts”.

According to the council’s financial figures, its Dedicated School’s Grant deficit increased from £9.685m in March 2023 to £13.295m in March this year.

Since 2006, the Department for Education has funded local authorities for their current expenditure on schools, early years and children and young people with high needs through the Dedicated Schools Grant (DSG).

At the end of each financial year, a local authority may have underspent or overspent its DSG allocation.

In recent years, an increasing amount of local authorities have recorded DSG overspends, attributed to an increase in the number of new Education Health and Care (EHC) plans and the associated cost of delivering these plans for the duration of a child's or young person's education.

Cllr Catherine Gibbons wrote: “In the last 12 months we have seen the largest increase in the issuing of EHCPs in the South-West region, with our rate of assessments completed in 23/24 at 107 per 10,000 population”.

Nationally, the number of children and young people with EHC plans increased by 11.4% from January 2023 to January this year, bringing the number up to 575,963.

The Department for Education has been approached for comment.

Lottie Winson

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