What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
SPOTLIGHT |
An administering authority for Local Government Pension Scheme (LGPS) funds may choose to take into account the public health implications of tobacco investment but only if the result of such consideration is the replacement of these investments with assets producing a similar return, the LGPS Advisory Board has suggested.
The Advisory Board, which expressed its views this month after receiving an opinion from 11KBW’s Nigel Giffin QC, said that alternatively an administering authority may take account of social housing needs “but only if an investment in such stands up as an investment in its own right and can demonstrate that it is not preferring its own interests over other scheme employers in making the investment”.
It added: “Furthermore, in our view, in making such decisions the administering authority cannot impose its view (on this or any other issue) on scheme employers nor can scheme employers impose their view on the administering authority if either resulted in a material risk to the return to and/or a suitable balance of assets in the fund.”
The Local Government Association had – on behalf of the Advisory Board – sought Giffin’s advice on whether:
The Advisory Board highlighted the following conclusions from the QC’s advice:
A copy of Giffin’s opinion can be viewed here.