Local Government Lawyer


Local Government Lawyer

GLD March 26 Planning Lawyer Adhoc Banner 600 x 100 px 1


Must read

LGL Red line
Slide background

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.

Slide background

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.

Slide background

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.

Newsletter registration

* indicates required
 
 
 
 
 
Practice/Interest Area(s) (tick all that apply)
  •  
Join our other mailing lists (tick to subscribe)

Local Government Lawyer, Info-Gov.uk and Public Law Jobs will use the information you provide on this form to send your requested newsletters and updates. Please tick the box below to authorise us to send the email newsletter(s) and alerts requested above.

 

 

You can change your mind at any time by clicking the unsubscribe link in the footer of any email you receive from us, or by contacting us at This email address is being protected from spambots. You need JavaScript enabled to view it.. We will treat your information with respect. For more information about our privacy practices please visit our website. By clicking below, you agree that we may process your information in accordance with these terms.

We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp's privacy practices.

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’…

Must read

LGL Red line

Must read

LGL Red line

Sponsored articles

LGL Red line

Unlocking legal talent

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

Last week, Peter Smith examined the Prime Minister’s call for the public sector to take risks on innovative companies. He now looks at how to encourage innovation and SMEs – legally.

We wrote in our previous post about the Prime Minster encouraging procurement staff to take risks with innovative suppliers, and we expressed some doubt about whether this was really a sensible approach for an individual or organisation to take if they want to stay out of the metaphorical EU Procurement Court! But, to be more positive, there are various things that organisations and procurement people can do to encourage innovation, new or SME suppliers, without falling foul of regulations.

That can start before the actual contracting process. Is your organisation open to suppliers putting new ideas forward? Is there some route by which they can submit such ideas? There may be no guarantee of business, and you need the right words to cover issues of intellectual property, but there is no reason why potential suppliers can’t be offered an appropriate contact point. Other organisations and have gone further with ‘speed dating’ or ‘meet the buyer’ type events, including the ability for suppliers with genuine innovation to put that forward.

Where an organisation has a tangible requirement, there are two very common issues that get in the way of new, small or innovative providers. The first is the pre-qualification process used to weed out suppliers. The simplistic approach here is to rule out suppliers below a certain size, and those who haven’t done pretty much identical work previously, perhaps even in the same sort of contracting authority. This is not done maliciously – it is just the quickest and easiest route.

I remember bidding through one of the major eTendering portals to deliver training to SMEs (ironic this really...) to help them bid for public sector contracts in one UK Region. But the way the PQQ evaluation was set up, there was no way you could possibly get through unless you had previously delivered identical training, in the same format, to SMEs, in the same part of the country! A totally pointless ‘competition’ and clearly no way to encourage innovation or even decent competition.

So if you really want to encourage new and different approaches, you need to look carefully at pre-qualification and take a more pragmatic approach. Why does the supplier need a turnover of £10m to do this work? Is there really a capacity issue or is it just a way of kicking out lots of bidders easily? Do they really need to show exactly the same experience or can we look at their underlying capability and think about whether it could work in our situation? Some parts of the public sector are starting to take a more considered and risk based approach to pre-qual (e.g. Value Wales) but it is not widespread.

The second boost to innovation and new suppliers can come from use of output and outcome based specifications. Don’t tie down to the last detail exactly what you want and what the supplier has to deliver. Try (and it isn’t possible in every case, I acknowledge) to express the requirement in terms of outputs or outcomes and let the potential suppliers suggest ways in which they can meet your needs. This won’t always lead to innovation, or SME providers, but it does leave the door open for fresh ideas.

And the final point is the most obvious but perhaps the main block for SMEs doing business with many of the larger public organisations. The tendency to automatically aggregate everything up to the highest level makes it difficult for SMEs to cover that entire requirement. Setting up a ‘national framework’ or even one on a ‘regional’ basis, whether the category is consulting services, construction or IT equipment, will almost inevitably rule out many smaller or local providers. Developing a series of more local frameworks opens the market up; of course a balance has to be sought with leverage and economies of scale, but too often we see organisations not really thinking these issues through.

We would strongly recommend you develop a strategy for encouraging innovation, SMEs, and new suppliers; but there are ways to do this in a structured and legally compliant manner. You don’t have to simply take a risk on a nice firm that you like the look of, and hope that the PM will bail you out when you get challenged!

Peter Smith is a former President of the Chartered Institute of Purchasing and Supply, a consultant to public and private sector organisations, and editor of Spend Matters UK / Europe, the leading procurement blog.

Last week, Peter Smith examined the Prime Minister’s call for the public sector to take risks on innovative companies. He now looks at how to encourage innovation and SMEs – legally.

We wrote in our previous post about the Prime Minster encouraging procurement staff to take risks with innovative suppliers, and we expressed some doubt about whether this was really a sensible approach for an individual or organisation to take if they want to stay out of the metaphorical EU Procurement Court! But, to be more positive, there are various things that organisations and procurement people can do to encourage innovation, new or SME suppliers, without falling foul of regulations.

That can start before the actual contracting process. Is your organisation open to suppliers putting new ideas forward? Is there some route by which they can submit such ideas? There may be no guarantee of business, and you need the right words to cover issues of intellectual property, but there is no reason why potential suppliers can’t be offered an appropriate contact point. Other organisations and have gone further with ‘speed dating’ or ‘meet the buyer’ type events, including the ability for suppliers with genuine innovation to put that forward.

Where an organisation has a tangible requirement, there are two very common issues that get in the way of new, small or innovative providers. The first is the pre-qualification process used to weed out suppliers. The simplistic approach here is to rule out suppliers below a certain size, and those who haven’t done pretty much identical work previously, perhaps even in the same sort of contracting authority. This is not done maliciously – it is just the quickest and easiest route.

I remember bidding through one of the major eTendering portals to deliver training to SMEs (ironic this really...) to help them bid for public sector contracts in one UK Region. But the way the PQQ evaluation was set up, there was no way you could possibly get through unless you had previously delivered identical training, in the same format, to SMEs, in the same part of the country! A totally pointless ‘competition’ and clearly no way to encourage innovation or even decent competition.

So if you really want to encourage new and different approaches, you need to look carefully at pre-qualification and take a more pragmatic approach. Why does the supplier need a turnover of £10m to do this work? Is there really a capacity issue or is it just a way of kicking out lots of bidders easily? Do they really need to show exactly the same experience or can we look at their underlying capability and think about whether it could work in our situation? Some parts of the public sector are starting to take a more considered and risk based approach to pre-qual (e.g. Value Wales) but it is not widespread.

The second boost to innovation and new suppliers can come from use of output and outcome based specifications. Don’t tie down to the last detail exactly what you want and what the supplier has to deliver. Try (and it isn’t possible in every case, I acknowledge) to express the requirement in terms of outputs or outcomes and let the potential suppliers suggest ways in which they can meet your needs. This won’t always lead to innovation, or SME providers, but it does leave the door open for fresh ideas.

And the final point is the most obvious but perhaps the main block for SMEs doing business with many of the larger public organisations. The tendency to automatically aggregate everything up to the highest level makes it difficult for SMEs to cover that entire requirement. Setting up a ‘national framework’ or even one on a ‘regional’ basis, whether the category is consulting services, construction or IT equipment, will almost inevitably rule out many smaller or local providers. Developing a series of more local frameworks opens the market up; of course a balance has to be sought with leverage and economies of scale, but too often we see organisations not really thinking these issues through.

We would strongly recommend you develop a strategy for encouraging innovation, SMEs, and new suppliers; but there are ways to do this in a structured and legally compliant manner. You don’t have to simply take a risk on a nice firm that you like the look of, and hope that the PM will bail you out when you get challenged!

Peter Smith is a former President of the Chartered Institute of Purchasing and Supply, a consultant to public and private sector organisations, and editor of Spend Matters UK / Europe, the leading procurement blog.

Must read

LGL Red line

Sponsored articles

LGL Red line

Unlocking legal talent

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

Poll


 

Past issues

Local Government


Governance (subscribe)


Housing (Subscribe)


Social Care and Education (subscribe)

 


Place (subscribe)

 

Wales (subscribe)

Directory