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Top-up fees: a growing risk for councils

Councils need to be careful to ensure that they handle top-up fees for care correctly, writes Lisa Morgan.
December 22, 2025
Top-up fees: a growing risk for councils

Prohibitions orders, assessments and the HSSRS

The Upper Tribunal (Lands Chamber) has given guidance as to the conduct of assessments under the Housing Health and Safety Rating System. Josef Cannon KC and Riccardo Calzavara examine the judgment.
December 18, 2025
Prohibitions orders, assessments and the HSSRS

Highways, kerbs and intervention levels

Tom Danter reports on a recent case where the claimant alleged there was a dip in a kerbstone that caused her to ball but the defendant local authority was able to put forward a successful section 58 defence.
December 18, 2025
Highways, kerbs and intervention levels

The status of co-opted members

Geoff Wild considers the legal status of non-councillor members of local authority committees.
December 18, 2025
The status of co-opted members

Open Justice Principle – Where are the lines drawn in care proceedings?

The Court of Appeal recently sought to emphasise the limits of the open justice principle, specifically in the context of care proceedings under the Children Act 1989. Jemimah Hendrick analyses the ruling.
December 17, 2025
Open Justice Principle – Where are the lines drawn in care proceedings?

Teacher dismissed after joking about 'whacking' a pupil: was the decision fair?

Is it okay for a teacher to joke about ‘whacking’ a pupil? That's what happened in a recent case and resulted in the teacher being dismissed. The main question the tribunal had to decide was whether the dismissal fell within the range of reasonable responses open to the school,…
December 17, 2025
Teacher dismissed after joking about 'whacking' a pupil: was the decision fair?

Fear of harm and plans for adoption

The Court of Appeal recently set aside care and placement orders in respect of a two-year-old boy, concluding that the deficiencies in the parenting that he was likely to receive from his mother were not of a nature and degree to justify the termination of the parent/child…
December 17, 2025
Fear of harm and plans for adoption

Issues Resolution Hearings, threshold criteria and adequacy of reasons

The Court of Appeal has allowed an appeal over a short form of judgment delivered at the conclusion of an IRH disposing of public law proceedings which were by then effectively uncontested, finding that the parties were left in a state of ignorance as to the basis on which the…
December 17, 2025
Issues Resolution Hearings, threshold criteria and adequacy of reasons

Foster carers and manifestation of religious belief

The High Court recently rejected a claim brought by Evangelical Christians against a city council under the Human Rights Act 1998 and the…
Dec 16, 2025
Foster carers and manifestation of religious belief

Judging the use of AI

Francesca Whitelaw KC highlights key points from recent guidance and authorities on the use of AI in legal practice.
Dec 12, 2025
Judging the use of AI

Natural justice and costs in the Court of Protection

A recent case raises questions about the fitness for purpose of a key plank of the costs provisions contained in the Court of Protection…
Dec 12, 2025
Natural justice and costs in the Court of Protection

Costs, detailed assessment and misconduct

A costs judge recently considered - in a case involving a council – the recovery of costs under a consent order, and the impact of…
Dec 12, 2025
Costs, detailed assessment and misconduct

Airport expansion, EIAs and emissions

Estelle Dehon KC, Ruchi Parekh, and Hannah Taylor look at the lessons from the High Court’s recent dismissal of a challenge to approval for…
Dec 10, 2025
Airport expansion, EIAs and emissions

The Autumn Budget and Public-Private Partnerships

Are we moving forward with a new Public-Private Partnerships model for social infrastructure? Michael Mullarkey looks at what is proposed.
Dec 10, 2025
The Autumn Budget and Public-Private Partnerships

Calculation of Biodiversity Net Gain

The High Court recently refused judicial review of decision to redevelop Bristol Zoo Gardens, providing guidance on Biodiversity Net Gain,…
Dec 09, 2025
Calculation of Biodiversity Net Gain

The new National Licensing Policy Framework

The National Licensing Policy Framework is intended to ensure a licensing system that protects and safeguards communities, but also…
Dec 09, 2025
The new National Licensing Policy Framework

Caravan site licensing and planning control

The Court of Appeal has confirmed that caravan site licensing must operate “in harmony” with planning control. Anna Stein analyses the…
Dec 09, 2025
Caravan site licensing and planning control

From 1925 to 2025

Paul Wilmshurst looks at the Law of Property Act 1925’s journey through a transformative century (and beyond).
Dec 05, 2025
From 1925 to 2025

Self-neglect and capacity

James Arrowsmith and Julia Catherall set out some insights from recent regulatory and safeguarding adult reviews.
Dec 04, 2025
Self-neglect and capacity

The lost enforcement of section 21

One of the less obvious benefits of the section 21 regime has been its substantial effect as an enforcement tool to drive good landlord…
Dec 03, 2025
The lost enforcement of section 21

Dec 03, 2025

Housing case alert - November 2025

Paul Lloyd, Gavinder Ryait and Sarah Christy round up the latest housing law rulings of interest to local authorities and housing…
Dec 03, 2025

Section 21 - It’s not over yet

Toby Vanhegan and Ayesha Omar report on a successful appeal over the validity of a section 21 notice served by a registered provider of…
Dec 02, 2025

Inquests and Housing 

Julia Jones and Emily Bridge provide some practical tips for housing providers in relation to managing the inquest process.
Nov 27, 2025

Growing apart?

For centuries, England and Wales have shared a single legal jurisdiction, with both countries operating under one unified system of courts…
Nov 27, 2025

Political and mayoral assistants

Political and mayoral assistants will potentially play an increasingly important role in the post-LGR/devolution landscape. Geoff Wild sets…
Nov 27, 2025

PFI expiry and employees

What happens to staff when the PFI contract ends? Katie Maguire sets out some key considerations.
Nov 21, 2025

Enjoying the challenge

LLG President Paul Turner has worked in local government throughout his legal career. Philip Hoult talks to him about what drew him into…
Nov 21, 2025

Dispersal of asylum seekers

The High Court has dismissed the challenge by Coventry City Council to the accommodation of asylum seekers in its area. Paul Brown KC…
Nov 20, 2025

Facts still very much matter

Stephen Williams analyses three recent Court of Appeal rulings that should be required reading for public law practitioners.
Nov 20, 2025

Faith-based oversubscription criteria

The High Court recently upheld faith-based oversubscription criteria in school admissions arrangements. Laura Berman and Michael Brotherton…
Nov 20, 2025

Granting of parental responsibility

Gary Fawcett looks at the key points from a recent ruling by a district judge on whether a father should be granted parental responsibility.
Nov 10, 2025

Article 4 Directions in Wales

The first Article 4 Direction in Wales was successfully challenged in the High Court. Eleri Griffiths looks at the lessons from the case.
Nov 10, 2025

Not all fun and games

The unknown impact of a multi-use games area (MUGA) recently prevented residential development. Lucy McDonnell analyses the inspector’s…
Nov 06, 2025

Zip-wires in caverns

A recent High Court case involving a proposed visitor attraction in the Lake District explored national park duties and the ‘Sandford…
Nov 06, 2025

From the front line of HMO licensing

Dr Dan Jacklin raises a series of considerations relevant to prosecuting authorities and landlords on effectively managing HMO-related…

The Department for Communities and Local Government must work with local areas to strengthen local scrutiny and accountability arrangements as City Deals are implemented, MPs have said.

In a report, Devolving responsibilities to cities in England: Wave 1 City Deals, the influential Public Accounts Committee expressed concern over who was accountable for public funds devolved through City Deals. This issue was particularly important for devolved healthcare spending, it said.

The MPs suggested that successful devolution through City Deals did not mean it was the best model for wider devolution, “particularly when devolving responsibility for public services”.

The committee also warned of a lack of monitoring and evaluation in the first wave of deals, and that this had made it difficult to assess their overall effectiveness.

The PAC’s conclusions and recommendations included:

  • The DCLG should actively share the learning and good practice it has gained through City Deals with public bodies involved in the potential devolution of public services, such as NHS England and the Department of Health. “It should make a clear statement about how it will determine funding levels for devolved responsibilities.”
  • The Department could not explain clearly and simply whether responsibility for the outcomes of individual City Deal programmes rested with local or central government. “The unelected LEPs [Local Enterprise Partnerships] play a big role in planning but the financial risk of failure lies with council tax payers locally. This disconnect between decisions and who pays is a concern.”
  • The Department must agree a common approach to measuring and evaluating the outcomes of growth programmes, including job creation, with other government departments and local areas, “to ensure one geographical area is not ‘growing’ at the expense of another”.
  • The committee was unconvinced that the approach the DCLG had taken to assessing whether local areas had sufficient and sustainable capacity to manage was adequately evidence-based. The Department “must develop a more evidence based approach to assessing whether local areas have sufficient and sustainable resources to deliver the City Deals in the wider context of Government funding restrictions”.
  • As the number of City Deals and devolution deals increased, the capacity of the DCLG’s Cities and Local Growth Unit would come under increasing stress. The committee welcomed the Government’s reassurance that it was keeping the situation under review. The Department should maintain its approach of having a single point of contact with local places, and be responsive to local areas that have less experience in managing more devolved funding. “It must also work with other departments to ensure a step change in record keeping. Departments must maintain proper records on initial objectives and lessons learned.”

Meg Hillier MP, Chair of the PAC, said: "Devolving power and responsibilities carries the risk of weakened accountability. The fact that the Government cannot adequately explain where responsibility lies for the success or failure of City Deal programmes should therefore sound an alarm.

“It is also disappointing that there is no effective mechanism for comparing results in different cities, nor to scrutinise the knock-on effects projects in one area might have elsewhere. Taxpayers and indeed the Government are unable to assess precisely the impact of what has been delivered through the Deals so far. This becomes particularly significant if the perceived success of individual City Deal programmes is cited by Government as evidence its overall approach to devolution is working and does not require improvement."

Hillier added: “Wider devolution deals, such as that agreed with Manchester, will see cities and regions take on increasing responsibility for providing public services. There is considerable scope for tension between local government, required to deliver and maintain services within a devolved budget, and central government which provides funding.

“When things go wrong, it must be clear who will be held to account. Taxpayers must understand who is spending their money, how that money is allocated, and where responsibility lies if the system fails to deliver good value.”

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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.