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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.
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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.

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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

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Mar 06, 2026

Disclosure to the DBS

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Mar 05, 2026

Housing case alert - February 2026

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Book review: “Reforming lessons”

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Transparency in FII cases

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Feb 25, 2026

Court documents and AI

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What is an Officer?

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2026 in construction: a look ahead

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A Welsh white leopard?

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Conversion to an ‘empty’ MAT

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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.

Underlying issues at Islington Council such as a "disjointed" approach to complaints and a "lack of clear ownership’ is leading to problems drifting and persisting, the Housing Ombudsman has said in a report on its special investigation into the London borough.

The Ombudsman issued 89 findings across 30 determinations in the report. In each case under review, the Ombudsman upheld at least one aspect of the resident’s complaint and in almost half of cases found severe maladministration on at least one of the issues raised by the resident. The landlord has a severe maladministration rate of 24.7% which is nearly four times the national average of 6.7%.

In one case a disabled resident was unable to use their ground floor wet room for months due to a lack of repairs while another resident’s complaint was stuck in the landlord’s system for three years. Another complaint saw a resident with mental health problems stuck without a working key fob for her building for ten months – something that should have been resolved within 24 hours.

In every case concerning complaint handling the Ombudsman found maladministration, while the landlord’s 83% maladministration rate for property condition was above the national average and the 94% for complaints about anti-social behaviour was far above the national average of 52%.

Overall, the Ombudsman made 186 orders or recommendations to put things right.

It has also ordered Islington to pay a total of £66,441, an average of over £2,000 per case. Over half of this (£33,792.49) was for complaints about property condition.

The Ombudsman identified three key themes and set out a series of recommendations:

  • Disrepair – There were unreasonable delays within repairs in terms of both acknowledgement and taking action to resolve the issues. The Ombudsman also found that ineffective appointments were a key factor causing delay and inconvenience and disrespected the value of residents’ time. Communication was another poor aspect of repairs jobs, with examples including limited notice period of operatives attending, not keeping the resident updated or not notifying the resident they are attending at all. Among its recommendations, the Ombudsman has told the landlord to review its policies to include a risk assessment specifically with vulnerabilities in mind.
  • Anti-social behaviour (ASB) – The landlord approached noise reports using its ASB policies and procedures but could not demonstrate it followed them. Sometimes long-term patterns of disturbance went unresolved. If the landlord deemed the problem not to meet certain policy thresholds, it offered no alternatives. The Ombudsman also found that often the landlord did not conduct monthly reviews of its cases or work with third parties. There was also a lack of enforcement, poor communication and poor records and documents relating to ASB. The Ombudsman has recommended the landlord self-assess against its Spotlight report on noise and improve monitoring of compliance by officers on its policies in this area.
  • Complaint Handling – The landlord does not do enough to promote its complaints process to residents nor learn from complaints that do make it through the process. Until March 2022, the landlord operated an unnecessarily protracted complaint process which has now been amended to two stages. After these delays, which were sometimes measured in years, the responses were of poor quality and contained statements it could not back up with evidence. This often led to the landlord not recognising where it has failed and therefore not offering sufficient redress for the distress and inconvenience caused. A lack of sincere apologies also fostered more feelings of distrust. The Ombudsman has recommended all staff undertake mandatory complaint handling training and for the organisation to appoint a Member Responsible for Complaints to improve oversight.
  • Underlying cross-cutting issues – Throughout all of the above, underlying cultural issues within the landlord continually let it down. This included being reactive rather than proactive, a clear lack of ownership or responsibility taken and poor record keeping across the board.

Richard Blakeway, Housing Ombudsman, reported that Islington had taken action in several areas, had sought to monitor the effectiveness of these additional measures and had been able to provide clear evidence of the impact these were having.

He said: “The focus of the leadership on embedding change is evident and encouraging. Nonetheless, many of the underlying themes we have identified are present in multiple individual cases, each contributing to the resident’s poor experience.

“The way in which the same issues recur indicates failure to learn from complaints. We have also identified a lack of managerial oversight to ensure that officers are appropriately capable and empowered to follow the policies, procedures and guidance that the landlord does have in place”

Blakeway highlighted that Islington’s record keeping needed ‘fundamental improvement’ and said that the recommendations set out in the Ombudsman’s Knowledge and Information Management report would be of particular interest.

He committed to continuing to monitor the compliance with the recommendations set out in the report and would work with the landlord to help embed those improvements for residents.

Islington Council said it fully accepted the Ombudsman’s report and recommendations in a learning statement, stating that, as a landlord, the council wanted everyone in Islington to have a safe, decent, and genuinely affordable place to call home. Tenants and leaseholders deserve a high-quality service, it said, and the council expressed deep regret that this hadn’t always been delivered in the past. 

“We’ve been working to put things right and believe this report further clarifies the actions and resources needed, building on the external critical appraisal we’ve sought from partners over the last two years," Islington said. 

"We’ve committed to delivering a number of improvements in an extremely challenging environment of long-term underinvestment in social housing, the challenges our residents face with the cost-of-living crisis, and a severe shortage of affordable housing in one of London’s densest boroughs.”

In June 2022 the council set up a Housing Improvement Board to raise standards and respond to new regulatory requirements. It will reportedly build on this and deliver the Ombudsman’s recommendations through an expanded Improvement Plan, including: 

  • Introducing a new, place-based approach to housing management. This will mean residents have a single point of contact and staff take ownership of their patch. Alongside a new resident empowerment framework, this will help transform the housing services over the next two years so they’re of the highest standard. Islington will aim to deliver services as if they are being provided to an important member of its own family.
  • Getting repairs right. The landlord is focussed on improving communication and working more effectively. It is running additional training for all repairs staff on customer service and learning from mistakes and implementing new processes on missed appointments and cancellations. The landlord has brought in more staff where needed and have increased preventative investment around damp, mould and leaks.
  • Delivering a five-point-plan on damp and mould. While Islington said it was pleased the Ombudsman noted progress, it was seeking to avoid complacence. The report and new government guidance were being used to strengthen the response, including trialling new approaches like remote monitoring sensors, and would be employed to assist in applying learning across all housing services.
  • Tackling anti-social behaviour (ASB). A council-wide review of the ASB services is being undertaken and the council is redesigning them to improve resident experience. It is making it easier to report ASB and will build on this through a new approach to housing management and better use of available enforcement options.
  • Transforming its complaints service. Having created a dedicated housing complaints service, invested in additional staff and training, the council said it was focussing on improving processes for quicker decision making. Islington is also introducing a new digital complaints management system to improve oversight and is committed to learning from complaints as part of a wider culture change programme.

Islington said it would continue to report on progress and hold itself accountable to the Housing Scrutiny Committee. The authority is also establishing a Resident Service Improvement Group to make sure residents’ voices are at the heart of this work.

Harry Rodd

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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.

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