Democracy direct 5 February 2018
CABINET OFFICE
Oliver Dowden MP, Minister for Implementation speaks about Capita
The Minister for Implementation comments on the stock market update issued by Capita plc yesterday (1 February): https://www.gov.uk/government/speeches/oliver-dowden-mp-minister-for-imple- mentation-speaks-about-capita
MINISTRY OF HOUSING COMMUNITIES AND LOCAL GOVERNMENT
Guidance Planning guidance: letters to chief planning officers Guidance on various aspects of the planning system, given in letters to chief planning officers of local planning authorities: a useful collection for colleagues advising planning committees (31 January): https://www.gov.uk/guidance/planning-guidance-letters-to-chief-planning-officers
HOME OFFICE
Premises licence forms Guidance and forms (incl for licensing authorities) for applying for a premises licence to sell alcohol, late night hot food and drink or provide public entertainment (31 January): https://www.gov.uk/government/publications/premises-licence-application-forms
DEPARTMENT FOR WORK AND PENSIONS
Update: Carillion declares insolvency: information for employees, creditors and suppliers
Information about continuity of public services for employees and suppliers (26 January): https://www.gov.uk/government/news/carillion-declares-insolvency-information-for- employees-creditors-and-suppliers
DEPARTMENT FOR EDUCATION
A direction issued by DfE to Somerset County Council due to its inadequate perfor- mance in children's social care services: Update 29 January: https://www.gov.uk/government/publications/direction-issued-to-somerset-county-coun- cil
A direction issued by DfE to Cumbria County Council due to poor performance in chil- dren's social care services: Update 29 January: https://www.gov.uk/government/publications/direction-issued-to-cumbria-county-council
DEPARTMENT OF HEALTH AND SOCIAL CARE
Guidance: Social care charging for local authorities: 2018 to 2019
Local authority circular on charging for care and support (30 January): Here’s the link: https://www.gov.uk/government/publications/social-care-charging-for-local-authorities- 2018-to-2019
HEALTH & SAFETY EXECUTIVE
Weekly Digest:
Here is a selection of stories that have been making health and safety news over the past seven days...: https://content.govdelivery.com/accounts/UKHSE/bulletins/1d5c146
HM LAND REGISTRY
Guidance Registering local authority land and property with HM Land Registry
How local authorities can identify and register their unregistered land and property: (26 January): https://www.gov.uk/government/publications/registering-local-authority-land-and-prop- erty-with-hm-land-registry
PLANNING INSPECTORATE
Guidance: Planning appeals: procedural guide:
The responsibilities of each party and the roles they have in the planning appeal pro- cess: Updated 31 January:
https://www.gov.uk/government/publications/planning-appeals-procedural-guide
Selected Appeals Highlighted in the Planning Media:
Wind turbine could increase pink-footed goose mortality rate: https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3177749&CoID=0
Islington Council calls for lower affordable housing threshold: https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3181523&CoID=0
113-unit retirement community approved with no affordable housing: https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3177340&CoID=0
480-home urban extension will not harm Grantham’s heritage assets: https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3173367&CoID=0
Appellant must pay full costs for four unreasonable appeals: https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3168031&CoID=0
INFORMATION COMMISSIONER’S OFFICE
Information Commissioner launches ICO Practitioner Award for Excellence in Data Pro- tection
The Information Commissioner’s Office (ICO) is marking Data Protection Day by launching an award to recognise excellence in the field of information rights(26 Janu- ary): more on this here: https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2018/01/information- commissioner-launches-ico-practitioner-award-for-excellence-in-data-protection/
LOCAL GOVERNMENT AND SOCIAL CARE OMBUDSMAN
Latest Newsletter: https://www.lgo.org.uk/information-centre/news
THE INSOLVENCY SERVICE:
Update on Carillion
The Official Receiver provides clarification on the current consultation underway with employees of the Carillion group (27 January): https://www.gov.uk/government/news/update-on-carillion-contracts
COMMITTEE ON STANDARDS IN PUBLIC LIFE
Local government ethical standards: Committee calls for evidence:
The Committee on Standards in Public Life launched a call for evidence as part of its review into local government ethical standards (29 January): https://www.gov.uk/government/news/local-government-ethical-standards-committee- calls-for-evidence
See also: ‘Selected Open Consultations’ below ‘NEW’
CROWN COMMERCIAL SERVICE
The SME spend target ‘must go on’:
‘In a month filled with news of Carillion, there have been calls for public services to be nationalised and taken from the hand of the private sector’……. (29 January): https://www.gov.uk/government/news/the-sme-spend-target-must-go-on
THE LAW SOCIETY
In House Magazine:’ Inside Out’ e-magazine: (31 January): http://emailcc.com/rv/ff00378c7c270a46f13a43509c4a88a3016109d0?utm_source=Co ncep%20Send&utm_medium=email&utm_campaign=Inhouse_newsletter_01/31/2018
‘Our priorities for the justice system….’ (30 January):
Last week the Law Society issued proceedings against the Ministry of Justice to challenge a decision to implement further cuts to legal aid: https://www.lawsociety.org.uk/news/blog/our-priorities-for-the-justice-system-the-new- lord-chancellor/
Law Society and Brexit (30 January):
‘Decades spent building the UK’s unrivalled professional services sector must not be thrown away in an EU deal which ignores Britain’s valuable legal services,’ the Law Society of England and Wales warned: https://www.lawsociety.org.uk/news/press-releases/dont-let-brexit-jeopardise-uks- valuable-services-sector/
Law Society intervenes in Supreme Court case to protect members' rights to litigation costs:
The Law Society has been granted permission to intervene in the Supreme Court case of Haven Insurance Company Limited v Gavin Edmondson Solicitors Limited (26 January): http://www.lawsociety.org.uk/news/stories/law-society-intervenes-in-supreme-court- case-to-protect-members-rights-to-litigation-costs/
CIPFA
CIH: With 150k social homes lost government must invest in housing
The government should take an “urgent look” at increasing funding to affordable hous- ing as more than 150,000 homes for social rent have been lost in five years, the Char- tered Institute of Housing has said: (31 January): http://www.publicfinance.co.uk/news/2018/01/cih-150k-social-homes-lost-government- must-invest-housing?utm_source=Adestra&utm_medium=email&utm_term=
Public sector ‘must be given power to innovate’
The public sector must be “empowered to innovate”, the new Cabinet Office minister Oliver Dowden said this week: (31 January): http://www.publicfinance.co.uk/news/2018/01/public-sector-must-be-given-power-inno- vate?utm_source=Adestra&utm_medium=email&utm_term=
Rotherham Council has “transformed” its children’s services since a report highlighted a series of child protection failings, an Ofsted inspection has said (29 January):
The watchdog has ranked the South Yorkshire town’s children’s services ‘good’ af- ter an inspection in November last year, it was announced today: http://www.publicfinance.co.uk/news/2018/01/rotherham-council-has-transformed-chil- drens-services?utm_source=Adestra&utm_medium=email&utm_term=
LOCAL GOVERNMENT ASSOCIATION
LGA responds to BMJ report on Homelessness
The response is here: https://www.local.gov.uk/sites/default/files/documents/22.7%20HEALTH%20AND%20HOMELESSN ESS_v08_WEB_0.PDF
Briefing: EU (Withdrawal) Bill, Second Reading, House of Lords, 30 & 31 January 2018:
Here’s the detailed Briefing: https://www.local.gov.uk/sites/default/files/docu- ments/2018%2001%2030%20EU%20%28Withdrawal%29%20Bill%20-%20HL%20- %20Second%20Reading%20Web.pdf
Items from the Daily Bulletins:
1 February:
Back national database of taxi drivers, councils urge MPs The LGA has called on MPs to back a Private Members Bill on Friday, which would introduce a legal regis- ter of taxi drivers who have been banned or refused a licence. Cllr Simon Blackburn, Chair of the LGA’s Safer and Stronger Communities Board, said: “We’ve seen numerous cases where drivers have abused the trust of passengers, and we’ve even seen children becoming victims of sexual exploitation. We’ve really got to get a grip of this, but we need new primary legislation to do that.” Sky News Radio, Talk Radio
Capita shares plunge amid fears over ‘new Carillion’ More than £1 billion was wiped off the stock market value of Capita, following a profit warning that sparked fears that the firm could go bust. The Government said Capita was not in a similar position to Carillion, the infrastructure firm which went bust earlier this month, but it is monitoring the situation. BBC Online, Guardian p1, Sun p2, FT p1, Mirror p6, i paper p8
31 January:
House developers face losing right to build Housing developers could lose planning permission on unused land if they fail to meet construction targets under moves to kickstart housebuilding. In an interview with the Times, Sajid Javid, Secretary of State for Housing, Communities and Local Government, said Britain’s biggest developers, nimbys and landowners can expect a “muscular” approach to drive up the supply of new homes, including greater use of compul- sory purchase powers. A review into land-banking is expected to recommend “use it or lose it” planning permissions in the spring. It comes as new analysis by Shelter reveals developers are sitting on almost a million housing plots. Times p1
Social care crisis leaves millions in pain In a joint letter to the i, 90 charities and care organisations are calling on the Government to step in and prevent the collapse of health and care services. The coalition, led by the Richmond Group of Charities and the Care and Support Alliance is urging ministers to provide an “urgent injection of money” to prevent fur- ther declines in care services, which are just as much in crisis as A&E departments. i p4
£600 fine for a cardboard box in wrong recycling bin A woman who sells scarves and cushions from her home has reportedly been given a £600 fine for putting one cardboard box in the wrong recycling bin. The fine was issued by 3GS, a company employed by Brighton and Hove City Council. The council said that “cases are reviewed on an individual basis to ensure that fixed penalty notices are issued correctly”. Times p5, Sun p27, Telegraph p13
LGA Bulletins:
Health, adult social care and ageing bulletin: January 2018: https://content.govdelivery.com/accounts/UKLGA/bulletins/1d60e61
Community Safety Police and Fire Service Bulletin: https://content.govdelivery.com/accounts/UKLGA/bulletins/1d6a760
Research Bulletin: January Edition: https://content.govdelivery.com/accounts/UKLGA/bulletins/1d6a512
Finance Bulletin:
Local Government Finance Settlement 2018/19, and more...(26 January) https://content.govdelivery.com/accounts/UKLGA/bulletins/1d4f3b9
Parliamentary Bulletin:
Housing borrowing cap, winter health pressures, skills devolution and more...(26 Janu- ary) https://content.govdelivery.com/accounts/UKLGA/bulletins/1d617e4
ROYAL TOWN PLANNING INSTITUTE
Lords Briefing - January 2018:EU Withdrawal Bill:
More briefing ahead of the important Lords’ debate this week: https://rtpi-update.co.uk/t/1VKD-5FAQW-69JEEZG858/cr.aspx
PARLIAMENT
Regulations:
SI 2018/119 - The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018 The Order extends periods of consultation by one day for each bank and public holiday which occurs during prescribed periods of consultation in defined circumstances: http://www.legislation.gov.uk/uksi/2018/119/contents/made
SI 2018/110 - The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 The primary purpose of the instrument is to amend the Environmental Permitting Regu- lations 2016 (S.I. 2016/1154, “the 2016 Regulations”), so as to transpose EU Directive 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants. http://www.legislation.gov.uk/uksi/2018/110/contents/made
SI 2018/103 - The Sub-national Transport Body (Transport for the North) Regula- tions 2018 This instrument establishes Transport for the North (TfN) as a Sub-national Transport Body (STB) and sets out the functions it will exercise in relation to a transport strategy and delivery in the North of England: http://www.legislation.gov.uk/uksi/2018/103/contents/made
SI 2018/102 - The Waste Electrical and Electronic Equipment (Amendment) Regu- lations 2018 These Regulations amend the Waste Electrical and Electronic Equipment Regulations 2013(S.I.2013/3113) (the “2013 Regulations”): http://www.legislation.gov.uk/uksi/2018/102/contents/made
SI 2018/99 - The Town and Country Planning General (Amendment) (England) Regulations 2018 These Regulations further amend the Town and Country Planning General Regulations 1992 (“the 1992 Regulations”), for England only: http://www.legislation.gov.uk/uksi/2018/99/contents/made
The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amend- ment) Regulations 2018 No 92: These Regulations update the explanatory notes which must be published on an au- thority’s website in relation to non-domestic rating demand notices: http://www.legislation.gov.uk/uksi/2018/92/regulation/1/made
Papers: Reports: Committees:
House of Commons Library:
Taxi and private hire vehicle licensing in England (30 January):
This paper sets out the licensing arrangements for taxis and private hire vehicles (PHVs), drivers and operators in England and the enforcement of those licences: http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN02005
Social care: the forthcoming Green Paper on older people (England): (26 January):
This House of Commons Library briefing paper provides background on the forthcom- ing Green Paper on social care for older people – there will be a “parallel process” of work looking at social care for working age adults (although it is not clear at this stage if there will be a Green Paper covering this group). A link to the full report in pdf form can be found at the bottom of this page: https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8002
Social care: The Conservative Party's 2017 General Election pledges on how individu- als pay for care (England): (26 January): https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8001
Local Authorities & Brexit:
This Commons Library briefing paper, from July 2016, covers the possible impact of ex- iting the European Union on local authorities, with regard to devolution deals; EU struc- tural funds; compliance with EU law; and medium-term financial implications. Worth a look if you haven’t seen it! It’s a useful part of the ‘backstory’ to this week’s Lords’ de- bates on Brexit which will be the key news item this week: http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7664
House of Lords/House of Commons: Joint Committee on Human Rights:
Legislative Scrutiny: The EU (Withdrawal) Bill: A ‘Right by Right’ Analysis (26 January) https://publications.parliament.uk/pa/jt201719/jtselect/jtrights/774/774.pdf
Parliamentary Committees:
House of Lords Constitution Committee: Brexit:
EU (Withdrawal) Bill needs amending to make it ‘constitutionally acceptable’: (29 Janu- ary). Ahead of the second reading of the European Union (Withdrawal) Bill in the Upper House, the House of Lords Constitution Committee calls on the Government to amend the Bill: http://www.parliament.uk/business/committees/committees-a-z/lords-select/constitution- committee/news-parliament-2017/eu-withdrawal-bill-report/
The House of Commons Communities and Local Government Committee:
The Communities and Local Government Committee hears from local authorities and letting agents as part of its inquiry in to the Private Rented Sector (PRS)(29 January): https://www.parliament.uk/business/committees/committees-a-z/commons-select/com- munities-and-local-government-committee/news-parliament-2017/private-rented-sector- bill-17-19/
CASES
Age Discrimination: Pension Schemes:
London Fire and Emergency Planning Authority & Ors v Sargeant & Ors [2018] UKEAT 0116_17_2901 (29 January 2018): The Employment Tribunal did not err in law in concluding that the 5th and 6th Respond- ents were pursuing legitimate aims in devising and implementing the transitional ar- rangements in respect of the new pension scheme even though they had a discrimina- tory impact on grounds of age: http://www.bailii.org/uk/cases/UKEAT/2018/0116_17_2901.html
Coroner’s Court: Public Law Duties and conflict with ECHR:
Hambleton & Ors, R (On the Application Of) v Reilly & Ors [2018] EWHC 56 (Ad- min) (17 June 9051): An interesting public law case involving potential conflict of duties: http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Ad- min/2018/56.html&query=(Local)+AND+(authority)
Employment: Wage Deductions:
Tyne and Wear Passenger Transport Executive v (t/a Nexus S Anderson & Ors) [2018] UKEAT 0151_16_1501 (15 January 2018): Lawful deductions from wages case: http://www.bailii.org/uk/cases/UKEAT/2018/0151_16_1501.html
Council Tax Committal Orders;
Woolcock, R (On the Application Of) v Cardiff Magistrates' Court & Anor (No 1) [2017] EWHC 34 (Admin) (18 January 2017): Arrears; Committal orders; Council tax; Instalments; Judicial review; Liability orders; Local authorities' powers and duties; Magistrates; Suspension; Unpaid tax: http://www.bailii.org/ew/cases/EWHC/Admin/2017/34.html
Contract Terms: Construction Industry:
Blakely v On-Site Recruitment Solutions Ltd & Anor [2017] UKEAT 0134_17_0512 (5 December 2017): Construction industry; Contract terms; Employment status; Holiday pay; Intention to create legal relations; Sub-contracts; Wages; Workers: http://www.bailii.org/uk/cases/UKEAT/2017/0134_17_0512.html
Installing Covert Cameras Breaches employees’ rights:
CASE OF LÓPEZ RIBALDA AND OTHERS v. SPAIN; (Applications nos. 1874/13 and 8567/13) 12 December 2017: Interesting this…. here the European Court of Human Rights considered whether an employer's decision to install hidden cameras to monitor suspected workplace theft by a number of supermarket cashiers violated the cashiers' privacy rights under Article 8 of the European Convention on Human Rights: https://hudoc.echr.coe.int/eng#{"itemid":["001-179881"]} Procurement:
MLS (Overseas) Limited v Secretary of State for Defence [2017] EWHC 3389 (21 December 2017): Procurement lawyers will want to look at this!. Contracting authority's disqualification of tender held unlawful on account of omitting to state consequences of "pass or fail" in ITT (TCC): http://www.bailii.org/ew/cases/EWHC/TCC/2017/3389.html
ARTICLES
Stonewall’s Pubic Sector Top Employers’ List:
Here’s the list: only 9 local authorities in the Top 100: https://www.stonewall.org.uk/list-public-sector
Legislative gaps hinder "ensuring suitable education at home, unregistered settings”
Current legislation does not support local authorities to effectively safeguard vulnerable learners and ensure they are receiving a suitable education either in their home or in unregistered settings, also known as illegal schools, the Association of Directors of Children’s Services has claimed (ACDS) (31 January): http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=arti- cle&id=33983%3Alegislative-gaps-hinder-qensuring-suitable-education-at-home-unreg- istered-settings&catid=54&Itemid=22
European Commission Publishes New Code of Conduct: (31 January)
Monitoring officers/Governance colleagues may find this interesting, from a compara- tive perspective: http://europa.eu/rapid/press-release_IP-18-504_en.htm
No corporate manslaughter charge against council over park accident case
No corporate manslaughter charge will be brought against the London Borough of Tower Hamlets over a case in which a child died in a park accident (30 January): http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=arti- cle&id=33975%3Ano-corporate-manslaughter-charge-against-council-over-park-acci- dent-case&catid=56&Itemid=24
Borough council secures £70,000 fine for HMO offences
Luton Borough Council has secured its largest ever fine - £70,000 – for breaches of the law regarding houses in multiple occupation (HMO: (30 January): http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=arti- cle&id=33977%3A2018-01-30-09-33-14&catid=60&Itemid=28
Institute for Government: Weekly Newsletter: 26 January
Analysis and comment: http://instituteforgovern- ment.cmail20.com/t/ViewEmail/r/075539DD1769A55C2540EF23F30FEDED/A578127B 162BA1E573767151F2435ACA
SELECTED OPEN CONSULTATIONS
From time to time there will be included here details of selected open consultations from Government and professional organisations: if you are interested in contributing to LLG’s response please contact me and I will put you in touch with appropriate LLG leads: --
Planning:
Topic: NEW: Improving the use of planning conditions: consultation on draft regulations. This consultation invites comments on draft regulations which create an exemption to the requirement in the Neighbourhood Planning Act 2017 that local planning authorities obtain the written agreement of an applicant before imposing a pre- commencement condition on a grant of planning permission (30 January) Key Document Link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/677570/ Consultation_on_regs_and_pre_commencement_conditions.pdf Closing Date: 27 February 2018
Governance: Standards:
Topic: NEW: The Committee on Standards in Public Life invites responses to its consultation to inform its review of local government ethical standards (29 January) Key Document Link: https://www.gov.uk/government/consultations/local-government-ethical-standards- stakeholder-consultation (N.B see related link above under Committee on Standards in Public Life) Closing Date: 18 May 2018
Public Health:
Topic: Local authority public health prescribed activity: call for evidence: The govern- ment is seeking evidence in the form of experience, case studies or research on the prescribing in regulations of local authority public health activity. All evidence will be re- viewed and used to inform government about whether the system is working well and is fit for the future: Key Document Link: https://www.gov.uk/government/uploads/system/uploads/attach- ment_data/file/674840/local-authority-public-health-prescribed-acitivity-call-for-evi- dence.pdf Closing Date: 17 April 2018
Courts: Corporate Asset Strategies: Court Users:
Topic: Calls for views on Transforming Court Estate: a public consultation on pro- posals to shape future decisions on the court and tribunal estate was launched today, as part of the transformation of our justice system. Not only are members users of the courts system, but many Councils are contemplating the shared use of spare capacity in civic buildings with courts and tribunals: (21 January): Key Document Link: https://consult.justice.gov.uk/digital-communications/transforming-court-tribunal-es- tate/consultation/intro/ Closing Date: 29 March 2018
Litigation: Civil Procedure:
Topic: Default County Court Judgments: a consultation on ensuring the debt recovery process works fairly, for both creditors and debtors. Key Document Link: https://www.gov.uk/government/consultations/default-county-court-judgments Closing Date: 21 February 2018
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