This page draws together a monthly selection of articles and features supplied by LexisNexis for publication on Local Government Lawyer and Public Law Today. We also showcase other publications and resources that LexisNexis produces to support lawyers working in the public sector. To see all articles, please click here.

‘Funding crisis’ - a detailed look at the funding shortage in UK schools

Education cuts 93374247 s 146x219According to campaigners, more than 200 schools in England are cutting their school weeks short due to funding shortages. This raises questions over legal ramifications and the responsibility of the government. Jean Tsang, associate at Bates Wells and governor of a maintained primary school, addresses these questions and looks at the worrying effects of this ‘funding crisis’ on the ‘most vulnerable children’ in the educational system.

Why is there a lack of funding for England's schools at the moment? What role has and will Brexit play in this? What issues could this create further down the line for current students and local authorities?

Years of austerity, growing numbers of pupils, the cumulative effect of education reforms and short-term policy initiatives, increasingly complex special needs requirements and additional costs burdens have pushed schools into a funding crisis. Swingeing cuts to local authority budgets have also forced schools to provide additional support to pupils without adequate resources. Schools funding has not increased with these increasing demands. In fact, the Institute for Fiscal Studies reports that total school spending per pupil fell by 8% in real terms between 2009-10 and 2017-18.

Many schools have either cut or are planning cuts across the spectrum by reducing the number of teaching assistants, replacing experienced teachers with less experienced but more affordable teachers, increasing class sizes and in some cases cutting the school week. Some schools have already started to narrow their curriculum offering and this is expected to continue, with many subjects being limited or taken off the curriculum.

The impact of Brexit compounds these issues facing schools. Brexit is expected to make it tougher to recruit qualified teachers from European Economic Area (EEA) countries and from outside the EEA.  

As funding cuts continue to bite, the quality of teaching and learning will suffer, and mental health issues affecting both staff and pupils will likely increase sharply…………….

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December 13, 2019

Granting assured and assured shorthold tenancies

This practice note from LexisNexis explains the criteria for assured tenancies (AT) and assured shorthold tenancies (AST) and the exceptions to those criteria, the main terms of AT and ASTs, the position regarding succession, and summarises a landlord’s obligations in respect of energy efficiency, gas safety and other health and safety obligations, right to rent and tenancy deposits.
December 05, 2019

Assignment and succession of tenancy

Morayo Fagborun Bennett looks at the circumstances in which social housing tenancies can be transferred to another tenant.
November 29, 2019

Powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

This guidance note provides a comprehensive and up to date overview of powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014, Reform of anti-social behaviour powers (2014), Part 1 Civil Injunctions and Part 2 Criminal Behaviour Order (CBO).
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October 11, 2019

Exploring the court’s power to block sale of arms to Saudi Arabia

Sue Willman, senior partner at Deighton Pierce Glynn, analyses the case of R (on the application of Campaign Against Arms Trade) v Secretary of State for International Trade (Amnesty International and others intervening) and its implications for UK arms trade.
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October 11, 2019

Court rejects challenges to Heathrow expansion

Charles Streeten, barrister at Francis Taylor Building, explains how the court came to reject the claims for judicial review of the Heathrow runway expansion in R (on the application of Spurrier) v Secretary of State for Transport and other cases.
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October 04, 2019

Exploring the limits of public authority’s liability for children

Duncan Fairgrieve and Jim Duffy, barristers at 1 Crown Office Row, examine the Supreme Court’s decision in Poole Borough Council v GN and another that the respondent local authority did not owe a common law duty of care to exercise its functions under the Children Act 1989 to protect the appellants, who were children of a family which it had housed, from harm at the hands of anti-social neighbours.
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October 04, 2019

Abandoning a procurement exercise - when can a contracting authority extinguish a challenge?

Lucy James looks at the legal effect of a decision to abandon a procurement exercise and whether it extinguishes an accrued cause of action a bidder may have against a contracting authority for breaches of the Public Contracts Regulations 2015 SI 2015/102 (PCR 2015).
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August 16, 2019

Judicial review challenge over closure of children’s centres defeated by local authority

The case R (on the application of L, an infant (by his mother and litigation friend)) v Buckinghamshire County Council represents the first time when the High Court considered in detail the meaning of the ‘sufficiency duty’ in section 5A of the Childcare Act 2006 (ChA 2006) in the context of whether a council’s consultation on the closure of a number of children’s centres was unlawful or not. James Goudie QC examines the background to and the practical implications of the judgment.
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August 09, 2019

How does a local authority establish a market?

The LexisPSL team outline the powers available to local authorities looking to establish a new market.
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August 02, 2019

Forced academisation of schools - is resistance futile?

What are the circumstances which lead to a school being forced to become an academy, and is there anything that can be done to stop it happening? Katie Michelon provides an overview of the forced academisation process, and explains the options available to schools, parents and local authorities when faced with the possibility of an Academy Order.
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June 13, 2019

Home or away?

Katherine Illsley outlines how a local authority should approach the situation where a parent to be assessed for the purposes of public children care lives in another jurisdiction.
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June 07, 2019

Tenant Fees Act 2019 - government guidance

The government recently published guidance on the Tenant Fees Act 2019 (TFA 2019). Robin Stewart and David Smith of Anthony Gold Solicitors look at some of the key questions relating to the guidance, including enforcement, penalties and some controversial aspects such as guidance pertaining to payment of damages.
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June 07, 2019

How should the courts approach cases with an ‘open’ pool of possible perpetrators?

Chris Stevenson, barrister at Fourteen, examines the Court of Appeal’s decision in Re B (children: uncertain perpetrator) to allow a father’s appeal against a Family Court judge’s finding that he was within a pool of possible perpetrators responsible for sexually transmitting gonorrhoea to three of his children (registration required).
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May 24, 2019

Court of Appeal finds permissive housing policies can restrict development elsewhere

In Gladman Developments Ltd v Canterbury City Council [2019] EWCA Civ 669, the Court of Appeal dismissed an appeal by developer Gladman against the decision of the High Court to quash planning permission granted on appeal for a residential development on a site not allocated for development, not on previously developed land, and outside the existing built-up area.
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May 24, 2019

Safety first?

Daljit Kaur looks at the implications for disability discrimination of a case concerning a nursery-age child prevented from accessing provision over 15 hours.
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May 17, 2019

The changing landscape of local authority Trading Standards prosecutions?

Richard Heller considers the potential impact of Qualter and others v Crown Court at Preston [2019] EWHC 906 (Admin) could have on the way regional Trading Standards services investigate and prosecute criminal offences (registration required).
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May 17, 2019

Wish they weren't here?

Can a parent with parental responsibility object to their child, who is subject to an interim care order, being taken on holiday by their foster parents?
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May 10, 2019

Exploring the new guidance on greater protections from rogue landlords

Jason Hobday, associate at Womble Bond Dickinson, discusses the implications of recent government guidance documents which intend to enforce greater protections from rogue landlords (registration required).
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May 09, 2019

Court finds judge in Uber licensing case was not biased

Philip Kolvin QC examines the High Court’s decision in R (United Cabbies Group) v Westminster Magistrates’ Court to dismiss the claimant’s application for judicial review of a district judge’s grant of an operator’s licence for London private hire vehicles to the third interested party, Uber.
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May 03, 2019

End of the road?

Morayo Fagborun Bennett looks at the Court of Appeal's decision on waiving offers of alternative accommodation and the lawfulness of an earlier review decision on a subsequent homelessness appplication in Godson v London Borough of Enfield [2019] EWCA Civ 486.
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May 03, 2019

Court rejects implied duty to report change of address for council tax purposes (R v D)

Samuel Genen, solicitor at Steel & Shamash, comments on the case of R v D [2019] EWCA Crim 209 where the Court of Appeal ruled that a failure to notify the local council of a change of address for the purpose of council tax did not constitute a criminal offence under the Fraud Act 2006 (FrA 2006). (Registration required)
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March 22, 2019

Is it in the best interests of a child to give evidence in a foreign trial?

Katherine Duncan explains how the court, in Re X, carried out a balancing exercise in determining whether a child, who was ward of the court, should be permitted to travel out of the jurisdiction to give evidence at a foreign criminal trial.
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March 15, 2019

High Court’s inherent jurisdiction for the protection of vulnerable adults

The case of Southend-on-Sea Borough Council v Meyers [2019] EWHC 399 (Fam) highlights the wide and largely unfettered nature of the power to grant injunctive relief under the High Court’s inherent jurisdiction for the protection of vulnerable adults and the difficulty surrounding the issue of how the balance should be struck between protection of a person on grounds of vulnerability and respect for their autonomy, writes Bethan Harris.
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October 17, 2018

Housing stock transfers: key issues

In partnership with Alan Aisbett of Bryan Cave Leighton Paisner LLP, LexisPSL Public Sector examine the key issues in relation to housing stock transfers.
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October 12, 2018

The importance of public consultation in the public sector decision-making process

A number of recent cases have resulted in public sector decisions being quashed for lack of proper public consultation. Alex Dillistone, partner at Winckworth Sherwood, considers the importance of effective consultation.
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September 20, 2018

When must a local authority carry out an EHC needs assessment?

Under the reform introduced by the Children and Families Act 2014 (CFA 2014), statements of special educational needs (SEN) are gradually being replaced with Education, Health and Care (EHC) plans for children and young people with the most complex special educational needs and disabilities.
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September 13, 2018

Homelessness - vulnerable groups

This article explores the special provisions which apply to groups who are particularly vulnerable to homelessness and refers to the Homelessness Code of Guidance for Local Authorities, February 2018 (the 2018 Code).
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September 07, 2018

Secure tenancies and capacity

Is there statutory or other prohibition preventing a person who lacks capacity succeeding to a secure tenancy in Wales if the section 87 of the Housing Act 1985 requirements are met?
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August 31, 2018

TCC sets aside MoD contract award decision but declines to grant mandatory injunction (MLS (Overseas) Ltd v Secretary of State for Defence)

In December 2017, the Technology and Construction Court (TCC) ruled that the Ministry of Defence (MoD) had breached public procurement law in relation to a public tender process for the Royal Navy.
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June 01, 2018

Post-19 education and SEND

LexisPSL Local Government, in partnership with Hannah Lynch of St Pauls Chambers, considers the key issues around post-19 education for young people with special educational needs and disabilities.
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May 25, 2018

Social value and public procurement

LexisPSL Local Government discusses when and how local government procurement officers should consider the application of the Public Services (Social Value) Act 2012 to procurement decisions.
May 18, 2018

Government response to review on the law on deprivation of liberty

On 14 March 2018, the government’s final response to the Law Commission review of the law on deprivation of liberty was published, which broadly agrees with most of the proposals, and more significantly, agrees to replace the current Deprivation of Liberty Safeguards (DoLS) system.
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May 11, 2018

Homelessness and local connection

This article provides guidance on the concept of ‘local connection’ as set out in section 199 of the Housing Act 1996 (HA 1996) in England and section 81 of the Housing (Wales) Act 2014 (H(W)A 2014) in Wales as amended by the Homelessness Reduction Act 2017 (HRA 2017) with effect from 3 April 2018.
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May 04, 2018

Assisting the homeless

LexisPSL Local Government, in partnership with Elizabeth England of 42 Bedford Row, look at how local authorities from 3 April are expected to assist the homeless.
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March 08, 2018

Disposing of staff accommodation

LexisPSL Local Government, in partnership with Kevin Long of Hackney Community Law Centre, examine the issues raised when councils dispose of a dwelling house used as staff accommodation.
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March 02, 2018

The right to rent and councils’ duties

Alice Richardson discusses with LexisPSL Local Government the first reported case to consider the relevance of the ‘right to rent’ provisions in the Immigration Act 2014 to assessments under section 17 of the Children Act 1989 where parents claim to be destitute.
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February 23, 2018

Installing barriers on public highways

LexisPSL Local Government, in partnership with Laura Hughes of Browne Jacobson, deals with the question of the powers available to a local authority when installing gates or barriers on public highways.
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February 16, 2018

Fit to practise?

Shazia Akhtar of Hardwicke Chambers discusses with LexisPSL Local Government a recent Court of Appeal ruling on a student's fitness to practise.
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February 09, 2018

Duty bound

Alexander Campbell of Arden Chambers discusses on LexisPSL Local Government the interplay between housing duties and children’s services duties.
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February 02, 2018

Carillion: implications for public contracts

With the number of Carillion’s contracts with the government running into hundreds, Ruth Murray analyses on LexisPSL the impact of Carillion’s collapse on its public contracts and outlines the next steps that authorities should take.
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January 04, 2018

LiPS and McKenzie friends - public law

LexisPSL Local Government analyses the key issues where litigants in person and McKenzie friends are involved in public law children cases.
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December 15, 2017

Academies and DfE statutory guidance

Are academies legally obliged to comply with Department of Education statutory guidance? If so, what is the source of that obligation? LexisPSL Local Government reports.
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December 08, 2017

Safeguarding and the Court of Protection

Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection. LexisPSL Local Government, in partnership with Alex Ruck Keene, Michelle Pratley and the Legal Action Group, set out the key considerations.
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December 01, 2017

Supply chain sustainability

LexisPSL, in partnership with Simon Garbett, Ian Skinner and Sarah Rathke of Squire Patton Boggs, examine how authorities can ensure sustainable supply chains.
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August 03, 2017

SENDIST and local authorities

LexisPSL Local Government, in partnership with Shazia Akhtar of Hardwicke Chambers, look at the role and procedures of the Special Educational Needs and Disability Tribunal, and set out the issues of which local authorities should be mindful.
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July 20, 2017

Consortium bidding in public procurement

This LexisPSL Public Law analysis by Peter Ware and Jennifer Grigg of Browne Jacobson LLP examines the opportunities and risks of consortium bidding in public procurement.
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July 13, 2017

Managing public procurement claims in the TCC

LexisPSL Public Law analysis: HM Courts & Tribunals Service is due to issue guidance for lawyers bringing complex public procurement claims to the Technology and Construction Court (TCC). As we await publication of the updated TCC Guide, Will Thomas, procurement litigator and Peter Ware, partner, at Browne Jacobson, look at what the new protocol on public procurement cases will mean in practice.
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June 09, 2017

The role of the Care Quality Commission

LexisNexis Local Government, in partnership with Tim Spencer-Lane, sets out the role, powers and functions of the Care Quality Commission (CQC).
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June 01, 2017

Section 20 CA and local authority duties

LexisPSL Local Government, in partnership with Claire Cousin of Emery Johnson Astills, provide a comprehensive guide to local authorities' duties under section 20 of the Children Act 1989.
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May 26, 2017

Capacity to deal with land

LexisPSL Local Government, in partnership with Rebecca Sharpe of RJR Legal Ltd, examine the options where a legal owner lacks mental capacity to deal with land.
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May 19, 2017

Errors in major procurement projects

In association with LexisNexis Public Law, Richard Hanstock considers the lessons from a high-profile dispute over the procurement of a contract to decommission nuclear facilities.
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May 12, 2017

The High Court upholds discriminatory housing allocations scheme

In partnership with LexisPSL Local Government, Alex Campbell, barrister at Arden Chambers, considers a recent case where a High Court judge considered a discriminatory housing allocations scheme.
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February 02, 2017

Public complaints—introducing the draft Public Service Ombudsman Bill

In this interview with LexisPSL Public Law, Ros Foster, partner, and Patrick O’Connell, solicitor, at Browne Jacobson, outline the draft Public Service Ombudsman Bill recently laid in Parliament, which aims to introduce a Public Service Ombudsman (PSO) with improved access, structure and powers.
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January 26, 2017

Consultants and public contract specification

What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification? LexisPSL Public Law, in partnership with Peter Ware of Browne Jacobson LLP, explain.
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January 19, 2017

Changes to the tender outcome

In this LexisPSL Public Law analysis, Fiona Scolding considers a recent case in relation to damages to be awarded on a procurement claim if the breach would have made a difference to the outcome of the tender.
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January 12, 2017

Termination clauses and the PCR 2015

LexisPSL Local Government, in partnership with Mark Bassett of Dentons UKMEA LLP addresses the question of whether contracting authorities need to redraft their standard termination clauses for contracts subject to the Public Contracts Regulations 2015.
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January 05, 2017

Defending a claim for judicial review

This LexisPSL Public Law checklist, produced in partnership with Stephen Hocking of DAC Beachcroft highlights the key steps and considerations for defending a judicial review claim.
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December 15, 2016

The value of expanding the UK’s FOI regime

LexisPSL Public Law spoke to Adam Chapman, partner and head of public law at Kingsley Napley, about the potential expansion of the UK’s freedom of information (FOI) regime and explains that introducing certain measures—such as a ‘duty to document’—may be providing a solution to a problem that doesn’t actually exist.
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December 09, 2016

Employment of local authority officers

LexisPSL Local Government, in partnership with Philip McCourt, provides a summary of the local government legal peculiarities involved in the appointment or dismissal of officers.
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December 02, 2016

The meaning of 'ordinary residence'

LexisPSL Local Government, in partnership with Jonathan Auburn of 11KBW, discuss the meaning of and tests for ‘ordinary residence’.
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November 25, 2016

Segregation of sexes in schools

What are the obligations of schools under the Equality Act 2010? Mark Blois, head of education at Browne Jacobson talks to LexisNexis about how a recent high-profile court case has made no change to the core obligations schools are under.
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October 27, 2016

Standards of highways maintenance

This LexisPSL Local Government article, produced in partnership with Nicholas Hancox, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
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October 20, 2016

Licensing committees

This LexisPSL Local Government article was produced in partnership with Walaiti Rathore of Fraser Browne and sets out the law and practice in relation to the duties and responsibilities of a licensing authority under the Licensing Act 2003.
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October 13, 2016

Private deprivations of liberty

LexisPSL Local Government, in partnership with Tim Spencer-Lane, considers the concept of 'private' deprivations of liberty for the purposes of Article 5 ECHR, involving people who lack the material decision-making capacity.
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October 06, 2016

FOI compliance monitoring

The Information Commissioner’s Office recently announced that Trafford Council will be monitored over the timeliness of its responses to freedom of information requests. Jeremy Isaacson, in discussion with LexisPSL Public Law, considers the background to this announcement and the various issues surrounding monitoring.
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September 29, 2016

Judicial review: key developments

The LexisPSL Public Law team provides a summary of key developments in judicial review and sets out some important dates for practitioners’ diaries.
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September 22, 2016

Dispute settlement and new tenders

LexisPSL Public Law analyses a ruling that the Public Sector Directive required a new tendering procedure to be carried out where the parties had made changes to the scope of a public contract, even though they were made pursuant to a settlement of a dispute.
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September 01, 2016

Children and deprivation of liberty

This LexisPSL Local Government article, produced in partnership with Tim Spencer-Lane considers recent court decisions on whether a parent can consent to the confinement of their child which, absent a valid consent, would amount to a deprivation of liberty.
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August 25, 2016

Drafting threshold documents

LexisPSL Local Government in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council, explains how to draft a local authority threshold document in care proceedings.
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August 18, 2016

The pre-proceedings process

LexisPSL Local Government in partnership with Joy Hopkinson of London Borough of Lambeth Council explains the pre-proceeding process under the Public Law Outline (PLO) reforms to care proceedings.
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August 11, 2016

Voluntary transparency notices

Is a voluntary transparency notice published in the OJEU? How in practice is this distinguished from the OJEU notices that are published in advance of a procurement process? The LexisPSL Public Law team report.
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August 04, 2016

Reservation of public contracts

What is the interrelationship between regulations 20 and 77 of the Public Contract Regulations 2015? The LexisPSL Public Law team analyse the reservation of public contracts.
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July 29, 2016

Concession contracts procurement

LexisPSL Public Law in partnership with Walker Morris explain the new process for concession contracts procurement by contracting authorities and utilities under the Concession Contracts Regulations 2016, SI 2016/273.
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May 12, 2016

Education, health and care plans

LexisPSL Local Government, in partnership with Anita Chopra and Chris Barnett of Match Solicitors set out a checklist for moving children from statements to the new regime of education, health and care plans.
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April 26, 2016

Audits and auditors – England

In partnership with Stephen Sheen, the LexisPSL Local Government team highlights key features of external audit and internal audit in England.
February 01, 2016

Improving internal efficiency

The LexisPSL Local Government team provide a checklist for a continuous improvement model in the context of contemplating the delivery of shared legal services.
February 01, 2016

A short guide to shared legal services

The LexisPSL Local Government team explain the background to and advantages and disadvantages of shared legal services in achieving improved cost efficiency within the public sector.
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January 28, 2016

Section 20 of the Children Act 1989

LexisPSL Local Government and Claire Cousin outline a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989, identifying the challenges a local authority may face including parental consent and capacity.
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January 21, 2016

Homelessness: the elderly and vulnerable

LexisPSL Local Government and Elizabeth England of 42 Bedford Row set out the duties owed by local authorities to those presenting as homeless, and the particular issues that affect elderly and vulnerable adults.
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January 14, 2016

Unauthorised absence from school

What happens if a parent refuses to pay a penalty notice for their children's unauthorised absence from school? The LexisPSL Local Government team sets out the key points.
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January 08, 2016

15 years of the Human Rights Act

Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC talks to LexisNexis about the past, present and future.
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November 30, 2015

Re-using public sector information

This Q&A from the LexisPSL Public Law team examines the key changes implemented by the Re-use of Public Sector Information Regulations 2015, which came into force from 18 July 2015, replacing the Re-use of Public Sector Information Regulations 2005.
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November 19, 2015

The Care Act 2014 - six months on

Has the Care Act 2014 been successful since it came into force? Carolyn Hunnisett talks to LexisNexis about the positives and the negatives of a landmark piece of legislation.
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November 09, 2015

Comparing project methodologies

LexisPSL Public Law and Andy Cooke of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile.
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October 29, 2015

In theory: local authority data retention

What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.
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October 22, 2015

Shared services: key issues

LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.
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August 20, 2015

Local authorities and health services

The LexisPSL Local Government team and Ros Ashcroft examine l ocal authority statutory functions with regard to the provision of health services.
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August 13, 2015

Costs for judicial review

LexisPSL Government and Morayo Fagborun Bennett set out key provisions in relation to costs for judicial review, covering protective costs orders (PCOs), interveners and costs capping.
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August 06, 2015

Top 3 property litigation Q&As

The LexisPSL Local Government service regularly publishes Q&As on property litigation. Here are three of the most popular.
July 03, 2015

The innovation partnership explained

The LexisPSL Local Government Team explain a new procedure created under The Public Contract Regulations 2015 – the innovation partnership procedure.
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April 16, 2015

International students: staying onside

The LexisPSL Immigration team look at the impact of changes to the regime governing Tier 4 (General) sponsors and review the case law around revocation action by the Home Office.
March 26, 2015

Considering BYOD? Top tips

This article from the LexisPSL IP&IT team focuses on the key considerations and potential risks an organization needs to evaluate when considering whether or not to permit BYOD.
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March 05, 2015

Commencing Criminal Proceedings Correctly

All criminal cases begin in the magistrates' court however serious the offence. The LexisPSL Corporate Crime team set out the correct steps that need to be taken when commencing proceedings in these ways.
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March 05, 2015

RIPA Powers for Local Councils

There are three types of surveillance techniques available to local authorities under the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The LexisPSL Corporate Crime team set out how to use these powers correctly.
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February 09, 2015

The new Rule 36: path to change

Part 36 offers – to accept or pay some amount less than the full amount in dispute - are powerful weapons in every litigator’s armoury which have led to the settlement of many disputes since their introduction in 1999.
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June 26, 2014

The local authorities’ perspective on fracking

David Brammer discusses the role local government has to play in awarding fracking rights and regulating the industry.
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June 05, 2014

Radiation contamination—is the public sufficiently informed?

Jon Payne comments on the Committee on Medical Aspects of Radiation in the Environment’s (Comare) findings and recommendations in relation to aspects of radiation in the environment.