CORONAVIRUS KEY INFORMATION Legislation & Guidance

Democracy Direct 4 May 2020

CORONAVIRUS KEY INFORMATION Legislation & Guidance:

Coronavirus Act 2020 http://www.legislation.gov.uk/ukpga/2020/7/pdfs/ukpga_20200007_en.pdf and explanatory notes http://www.legislation.gov.uk/ukpga/2020/7/pdfs/ukpga_20200007_en.pdf

LLG: ADSO: Remote Meeting Protocol & Procedure Rules:

This document is produced by Lawyers in Local Government (LLG) and the Association of Democratic Services Officers (ADSO) for the purpose of assisting authorities and highlighting changes required to standing orders in consequence of The Local Authori- ties and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No.392 (‘the Regula- tions’). It does not constitute legal advice and should not be relied upon in that capacity. https://s3.amazonaws.com/lawingov_production/system/redactor_assets/documents/2402/Standing_Orders_ADSO_LLG_.VFdocx.pdf

LLG: ADSO: GUIDE; The Local Authorities and Police and Crime Panels (Corona- virus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No.392); https://s3.amazonaws.com/lawingov_production/system/redactor_assets/documents/2395/7th_Apr_-_Remote_Meetings_Regulations_-_LLG__ADSO_Draft_Guid- ance_V2.pdf

The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 https://www.legislation.gov.uk/uksi/2020/392/contents/made and explanatory note… http://www.legislation.gov.uk/uksi/2020/392/memorandum/contents

Government & Departmental: Updated Links:

Coronavirus (COVID-19): guidance for local government: https://www.gov.uk/guidance/coronavirus-covid-19-guidance-for-local-government

Democracy Direct 4 May 2020

Collection; Coronavirus (COVID-19): guidance for schools and other educational settings; Guidance and advice about coronavirus (COVID-19) in educational settings for staff, parents and carers, pupils and students. https://www.gov.uk/government/collections/coronavirus-covid-19-guidance-for-schools- and-other-educational-settings

HMCTS daily operational summary on courts and tribunals during coronavirus (COVID-19) outbreak: https://www.gov.uk/guidance/hmcts-daily-operational-summary-on-courts-and-tribunals- during-coronavirus-covid-19-outbreak

Guidance; Coronavirus (COVID-19): courts and tribunals planning and preparation This page provides advice and guidance for all court and tribunal users during the coronavirus (COVID-19) outbreak and will be updated when new advice is available. https://www.gov.uk/guidance/coronavirus-covid-19-courts-and-tribunals-planning-and- preparation?utm_source=607457ae-9ded-495e-8ba0- 8ad42fea53c9&utm_medium=email&utm_campaign=govuk- notifications&utm_content=weekly

Guidance; COVID-19: guidance for employees, employers and businesses Guidance for employees, employers and businesses in providing advice about the novel coronavirus (COVID-19). https://www.gov.uk/government/publications/guidance-to-employers-and-businesses- about-covid-19

Guidance; Ofsted: coronavirus (COVID-19) rolling update: Ofsted guidance and information relating to coronavirus (COVID-19) for schools, early years, children's social care and further education and skills providers. https://www.gov.uk/guidance/ofsted-coronavirus-covid-19-rolling-update

Coronavirus (COVID-19) advice and guidance: This section contains the latest advice and guidance from the judiciary in relation to the coronavirus pandemic. It will be updated when there are significant developments and you should check the page on a regular basis to ensure you are kept informed of the latest position. Please click on the headings to be taken to the relevant webpage. https://www.judiciary.uk/coronavirus-covid-19-advice-and-guidance/

Democracy Direct 4 May 2020

MINISTRY OF HOUSING COMMUNITIES AND LOCAL GOVERNMENT Guidance; European Structural and Investment Funds: Coronavirus (COVID-19) Response; (28 April): A series of documents and updates regarding the 2014 to 2020 European Structural and Investment Funds Programme and the response to COVID-19. https://www.gov.uk/government/publications/european-structural-and-investment-funds- coronavirus-covid-19-response

Guidance; Coronavirus (COVID-19): guidance for social landlords on essential moves; (27 April): Non-statutory guidance to support social landlords with allocations and transfers during the coronavirus outbreak. https://www.gov.uk/guidance/coronavirus-covid-19-guidance-for-social-landlords-on- essential-moves

Press release; New measures to protect UK high street from aggressive rent collection and closure; (23 April) High street shops and other companies under strain will be protected from aggressive rent collection and asked to pay what they can during the coronavirus pandemic. https://www.gov.uk/government/news/new-measures-to-protect-uk-high-street-from- aggressive-rent-collection-and-closure

PLANNING INSPECTORATE News story; Planning Inspectorate casework continues as first pilot digital hearing to take place in May; (28 April); Whilst the UK is in its sixth week of lockdown this update explains what you can expect from the Planning Inspectorate. https://www.gov.uk/government/news/planning-inspectorate-casework-continues-as- first-pilot-digital-hearing-to-take-place-in-may

Selected Planning Appeals: w/e 24 April: Pandemic lockdown cancels out traffic concerns An inspector has extended the compliance period of an enforcement notice against an Islamic school in east London, noting that traffic concerns would not be a problem during the Covid-19 lockdown; https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3238451&CoID=0

Industrial estate café is contrary to town centre policy Plans for a café to serve workers on an industrial estate in Newport, South Wales, have been rejected after an inspector found conflict with local policy directing café uses towards town centres; https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3244743&CoID=0

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Unusually shaped shop unit can become gaming centre A ‘long and thin’ shop unit in Kidderminster town centre can be converted into an adult gaming centre, as an inspector ruled that the planning system should not ‘duplicate’ issues covered by the Gambling Act 2005; https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3242723&CoID=0

Jenrick allows 500 homes at green belt university campus The housing secretary has approved Oxford Brookes University’s plans to vacate one of its campuses to make way for 500 homes, after agreeing that ‘very special circumstances’ existed; https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach- ment_data/file/880829/combined_DL_IR_and_R_to_C_Oxford_Brookes_University.pdf

Low-flying helicopters would ‘distress’ crematorium mourners An inspector has refused plans for a crematorium near an RAF base in Shropshire despite a ‘clear need’, ruling that helicopters flying as low as 30 metres off the ground nearby would be ‘disconcerting’ to mourners; https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3236638&CoID=0

LAW COMMISSION Law Commission recommends increased powers for employment tribunals | Law Commission; (29 April): https://www.lawcom.gov.uk/law-commission-recommends-increased-powers-for- employment-tribunals/ and comment…. https://www.localgovernmentlawyer.co.uk/employment/395-employment-news/43526- law-commission-calls-for-reforms-to-close-unsatisfactory-gaps-in-powers-of-employment-tribunals

GAMBLING COMMISSION Licensing Authority Bulletin April 2020 https://www.gamblingcommission.gov.uk/for-licensing-authorities/LA-Bulletin- pages/2020/April/Licensing-Authority-Bulletin-April-2020.aspx

HMRC Guidance on VAT as it applies to local authorities and other government and public bodies: (29 April): https://www.gov.uk/hmrc-internal-manuals/vat-government-and-public-bodies

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INFORMATION COMMISSIONER’S OFFICE The ICO’s regulatory approach during the coronavirus public health emergency https://ico.org.uk/media/about-the-ico/policies-and-procedures/2617613/ico-regulatory- approach-during- coronavirus.pdf?utm_source=twitter&utm_medium=iconews&utm_term=a3a513ff-129f- 472e-a476-3ca21711bf3b&utm_content=&utm_campaign=

THE LAW SOCIETY Q & A Housing Eviction Notices- Coronavirus: (29 April): https://www.lawgazette.co.uk/legal-updates/coronavirus-qanda-changes-to-housing- eviction-notices/5104066.article

Update on legal practitioner key workers and testing - The Law Society; (28 April) https://www.lawsociety.org.uk/news/stories/update-on-legal-practitioner-keyworkers/

Law Commission calls for tribunal time limit extension; (29 April); https://www.lawgazette.co.uk/news/law-commission-calls-for-tribunal-time-limit- extension-/5104061.article Westminster update: Joint Committee on Human Rights hears evidence from the lord chancellor - The Law Society; (27 April) https://www.lawsociety.org.uk/news/blog/joint-committee-on-human-rights-hears- evidence-from-lord-chancellor/

Professional Update: (24 April); https://emailcc.com/rv/ff005fbc05db5bb6cb123f978c4c96a93d53fc70?utm_source=prof essional_update&utm_medium=email&utm_campaign=PU-04%2f24%2f2020

Councils move to ditch adult social care duties; (24 April): https://www.lawgazette.co.uk/news/councils-move-to-ditch-adult-social-care- duties/5104011.article

Mental capacity and coronavirus legislation: (24 April); https://www.lawsociety.org.uk/support-services/coronavirus/mental-capacity-and- coronavirus-legislation/

Podcast: Coronavirus (COVID-19) podcast: Delivering legal services online; (23 April): https://www.lawsociety.org.uk/support-services/coronavirus/coronavirus-covid- 19-podcast-delivering-legal-services-online/

Democracy Direct 4 May 2020

LOCAL GOVERNMENT AND SOCIAL CARE OMBUDSMAN Weekly Decision Updates: w/e 24 April:

Planning: https://content.govdelivery.com/accounts/UKLGO/bulletins/287ffe9 Housing: https://content.govdelivery.com/accounts/UKLGO/bulletins/287ffd8 Adult Social Care: https://content.govdelivery.com/accounts/UKLGO/bulletins/287ffe8 Children and Education: https://content.govdelivery.com/accounts/UKLGO/bulletins/287ffeb Benefits and Taxation: https://content.govdelivery.com/accounts/UKLGO/bulletins/287ffd8

LOCAL GOVERNMENT ASSOCIATION Coronavirus: Coronavirus: information for councils; (24 April): Useful information for councils on novel coronavirus (COVID-19). https://www.local.gov.uk/our-support/coronavirus-information-councils Selected Daily Bulletin items:

30 April: Coronavirus: Small businesses locked out of government grant scheme More than 10,000 small businesses in England are missing out on government grants during the coronavirus lockdown because they are based in shared offices, a study reveals. Government figures show that councils have handed out £7.6 billion, or 62 per cent of the total due, to eligible businesses. Earlier this week, Cllr James Jamieson, Chairman of the LGA, told MPs: “Councils have been redeploying staff, they have been working seven days a week, doing overtime to get this money out.” FT, ITV Online

Coronavirus: Rubbish tips could reopen Communities Secretary Robert Jenrick has written to councils asking them to plan to reopen tips and recycling centres. Cllr David Renard, the LGA’s Environment spokesman, said councils were "keen to open them as soon as practicable" as long as the sites were compatible with the Government's directive on essential travel. An interview by Cllr Renard with BBC News about the issue is to air this week. LBC Radio

Coronavirus: County councils say non-essential spending at risk The County Councils Network has warned that county councils face making spending cuts after being allocated less funding than expected of the latest £1.6 billion grant for councils to cope with the coronavirus. The Government said the money is being allocated on a per capita basis related to the number of people living in each area, and an assessment of local authorities' indi- vidual needs. The District Councils Network said the settlement, which will see the majority of 192 district councils in England receive more than £1 millio each, helps ease the pressure on district councils. BBC Online

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Coronavirus: Care home deaths set to overtake hospitals Deaths from coronavirus in care homes could soon exceed those in hospitals, according to new figures. Experts have warned that deaths in care homes may not yet have peaked. It comes as Public Health England announced the total number of deaths from coronavirus in the UK is 26,097. For the first time, the figure includes people who have died in hospitals, care homes and other parts of the community. Times, ITV Online, Telegraph, i paper

Coronavirus: Tens of thousands book tests in England Some 14,700 home tests and 33,000 drive-through appointments for coronavirus were booked on Wednesday, the Government said. Care home residents and staff, people over 65 and any- one who cannot work at home are now among millions eligible to be tested if they have coronavirus symptoms. Meanwhile, the Prime Minister will update the UK on the next steps to defeat coronavirus today. BBC Online, Telegraph, Times, ITV Online, Sky News Online

Coronavirus: BAME workers should be risk-assessed, NHS England says NHS workers from black, Asian and minority ethnic backgrounds should be “risk-assessed” over concerns they could be at greater risk of coronavirus, new guidance suggests. A letter from NHS England urges health trusts to make “appropriate arrangements”, which could include moving those from ethnic minority backgrounds away from the front line to non-patient facing roles. The official guidance says UK data is showing these workers are being “disproportionately affected by COVID-19”. ITV Online, Sky News Online, Mail

Coronavirus: Schools will reopen in phases, says Williamson Schools in England will be reopened in a “phased manner”, the Education Secretary has said. Gavin Williamson told the Education Select Committee the date for opening would depend on scientific advice, but schools would get "as much notice as possible". He revealed that the Gov- ernment's scientific advisory group will report on which children should return first, taking into account whether black and ethnic minority school staff may be at higher risk. Sky News Online, BBC Online, Times, Mail,

Coronavirus: 'Social bubbles' of small groups could be early step out of lockdown “Social bubbles” allowing people to mix with a small group of family and friends could be a part of easing the lockdown, the Government has suggested. The proposal would allow people to combine their household with one or two others, up to a maximum of 10 people. Meanwhile, experts have warned that tougher isolation and quarantining measures may be needed at the same time as any relaxation of restrictions. Guardian

Coronavirus: Police fear jobless and gangs will unleash summer of crime The easing of lockdown restrictions could result in a violent wave of crime fuelled by gangs ea- ger to reclaim their turf, police forces have warned. Senior police officers said they are braced for a rise in crime because of a “toxic mix” of young men out of work, a resumption of public gatherings and the eventual reopening of licensed venues. Meanwhile, the Home Secretary Priti Patel said county lines drug dealers are buying taxis in a bid to outwit police during the lockdown. Times, Telegraph

Cleaner air saves 1,750 lives around country More than 1,700 deaths in the UK have been avoided in the past month due to lower air pollu- tion during lockdown, according to a report. The Centre for Research on Energy and Clean Air said nitrogen dioxide levels have fallen by 36 per cent and toxic particles by 9 per cent on aver- age in British cities in the past 30 days. Times

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Whirlpool: New warning over fire-prone Hotpoint washing machines Up to 55,000 washing machines in UK homes need repairing or replacing owing to a fire risk, according to Whirlpool. The home appliances manufacturer said it had added 21 new models to the list of 524,000 Hotpoint and Indesit machines being recalled despite the coronavirus lockdown. BBC Online

Coronavirus: Tube may be 'overwhelmed' when lockdown is lifted, report warns London's transport system may be unable to cope with a surge in demand when lockdown measures are lifted, a report warns. The London Strategic Coordination Group said the Tube would be "rapidly overwhelmed" if social distancing was maintained, reducing the capacity of the London Underground to 15 per cent of normal levels. BBC Online

29 April:

Coronavirus: Care home deaths There have been 4,343 coronavirus-related deaths in care homes in England from April 10 to 24 – more than 300 a day - according to figures from the Care Quality Commission. Experts now believe more people are dying from the virus outside hospitals and that more than 200,000 people could be living in care homes with confirmed or suspected cases. Cllr Ian Hudspeth, Chair- man of the LGA’s Community Wellbeing Board, said: “Every death from this virus is a tragedy. This is being exacerbated by the fact some social care staff and other frontline workers still lack the necessary PPE to protect themselves and the people they care for from contracting coronavirus. We are also yet to see the peak of the stress on the social care system due to the delay between hospital admissions and discharge.” Mirror, Sun

Coronavirus: Rubbish tips to reopen Communities Secretary Robert Jenrick has asked councils to draw up plans to reopen waste and recycling centres currently shut due to coronavirus. The LGA said staff would need PPE before sites can open and warned that police would be needed to manage traffic queues due to an expected rise in demand. LGA Environment spokesman, Cllr David Renard, said councils were "keen to open them as soon as practicable" as long as the sites were compatible with the Gov- ernment's directive on essential travel and that they "can only re-open when they have sufficient staffing and social distancing measures are in place to protect staff and members of the public, which remains paramount". Cllr Renard will discuss the reopening of tips with LBC radio this morning. Telegraph, BBC Radio 4

Coronavirus: Council funds to be shared 'in fairest way possible' The latest allocation of emergency coronavirus funding for councils in England is to be allocated "in the fairest way possible", ministers say. Based on population size and local authorities' spe- cific needs, county councils will get 65 per cent of the £1.6 billion pot and district councils 35 per cent, with none of the money ring-fenced. BBC Online

Coronavirus: Millions more to be eligible for testing All care home residents and staff in England will be able to access coronavirus tests from today, regardless of whether they have symptoms, the Government has announced. People over 65 and those who must leave home to work, as well as those they live with, will be able to get tested if they have symptoms of COVID-19. BBC Online

Coronavirus: ‘Contact tracing can’t be run by Westminster’ Coronavirus contact tracing should be run by directors of public health and environmental health officers based in local councils with the resources they need, because they understand their communities, rather than run by government, experts have said. Discussions have begun between central government, local authorities and public health officials about the 18,000-strong

Democracy Direct 4 May 2020 army promised by Health Secretary Matt Hancock, to help trace the contacts of people who test positive or have symptoms of the coronavirus. Guardian

Coronavirus: Children in care at risk, say campaigners The decision to relax key sets of legal protections for children in care, introduced by the Govern- ment as an emergency response to the coronavirus crisis, have been criticised by children’s rights campaigners. The Government says the measures are temporary – expiring on 25 Sep- tember – and will allow overstretched children’s services greater flexibility. Guardian

Coronavirus: ‘Lockdown exit must take domestic abuse rise into account’ The Government needs to consider the impact of the coronavirus lockdown on domestic abuse and mental health as it plans to ease restrictions, Theresa May has said. The former prime minister said measures to tackle coronavirus must not do "more damage than the disease itself" and that councils and police should consider random visits to homes of known domestic abuse per- petrators during lockdown, or addresses where there had been reports of violence, but done in a careful manner so as not to make the situation worse. BBC Online

Coronavirus: Refuges for domestic violence running out of space Refuges for victims of domestic violence are running out of space, with many full or effectively closed, with the coronavirus emergency fuelling demand for safe accommodation, Victims’ Com- missioner Dame Vera Baird has told MPs. Guardian

Coronavirus: ‘School closures will worsen north/south education divide’ The schools shutdown due to coronavirus will widen the education gap between north and south, MPs will warn today. In an open letter to Education Secretary Gavin Williamson, more than 50 MPs and peers have said urgent action is needed to prevent the poorest pupils falling behind long-term as new figures show that two-thirds of secondary schools teaching the most disadvantaged communities are in the north of England. Sky News Online, BBC Online

28 April: Coronavirus: Councils need at least extra £10bn to cope with crisis, says LGA Councils in England need at least £10 billion more from central government to survive the coronavirus pandemic because of falling income and rising costs, a parliamentary committee has heard. The LGA said the £3.2 billion promised by government so far was helpful but would not be enough. LGA Chairman Cllr James Jamieson told the Commons Housing, Communities and Local Government Committee that while the money provided “breathing space”, the need “could be three or even four times that amount” based on recent financial survey returns from councils. FT p3, Telegraph

Coronavirus: Clarity needed on relaxation of special needs duties, says LGA School closures, staff sickness and coronavirus demand on resources has left many councils struggling to provide support for children and young people with special educational needs and disabilities, the LGA has said. Difficulty in delivering support set out in Education, Health and Care Plans (EHCPs) has led to many councils finding themselves challenged by parents, despite working hard to keep supporting children and young people with SEND during the crisis. The LGA is calling on the Government to clarify how it intends to use the Coronavirus Act to relax statutory provisions, including those relating to EHCPs. Good Morning Britain

Coronavirus: Councils vying for emergency virus cash Ministers are facing competing demands from councils across England for a £1.6 billion emergency coronavirus fund. County councils are seeking assurances that up to £1 billion in added social care costs will be met to support nursing homes, recruit carers, source equipment and re- lieve pressure on the NHS. However district councils have warned they risk financial collapse if

Democracy Direct 4 May 2020 the new money is not allocated "fairly". A second tranche of emergency funding for councils was announced by government earlier this month, as part of a £3.2 billion package to fund higher service costs caused by the pandemic, but the LGA said local authorities could require four times that in order to make it through. BBC Online

Coronavirus: Care funding England’s biggest care providers have warned an extra £3.2 billion provided to local authorities to help them deal with the coronavirus pandemic is not being passed on and is insufficient, rais- ing the risk that services will collapse. The LGA said the extra funding the Government has made available to English councils to help with additional costs arising as a result of coronavirus was “much needed”. But it added that “there are many and growing calls on this funding across the full range of council services and additional resources will be needed to allow councils to continue to support social care and other services”. FT p3

Coronavirus: Fears for at-risk children as domestic violence soars Councils are seeing a decline of up to 50 per cent in referrals of vulnerable children in some areas, despite a spike in domestic abuse during the lockdown. The LGA said some local authorities are reporting a drop of 25 to 50 per cent in referrals of children who may be at risk. LGA Chief Executive Mark Lloyd told MPs on the Housing, Communities and Local Government Se- lect Committee that councils fear “there might be issues around hidden neglect or abuse of children”. Telegraph p7

Coronavirus: Councils face £5bn shortfall, study shows Councils are facing a £5 billion cash shortfall caused by the ongoing coronavirus pandemic, according to a study by the Special Interest Group of Municipal Authorities (Sigoma). Analysis compiled by the largest 44 authorities in the country shows that by the end of this financial year they will be £2.2billion in the red. Mail

Coronavirus: 'Urgent alert' about increase in children with serious COVID-19-like symptoms GPs have been sent an "urgent alert" about an increasing number of children becoming severely ill with coronavirus-like symptoms. Doctors were warned there has been a rise over the past three weeks in the number of children of all ages "presenting with a multisystem inflammatory state requiring intensive care". Sky News Online, all papers

Coronavirus: UK failed to stockpile crucial PPE The Government failed to buy crucial protective equipment to cope with a pandemic, according to BBC Panorama. Vital items were left out of the stockpile when it was set up in 2009 and the Government subsequently ignored a warning from its own advisers to buy missing equipment, its investigation found. BBC Online, Mail p1

Coronavirus: Care homes now UK's coronavirus frontline, sector leaders say The UK’s coronavirus frontline has switched from hospitals to care homes, according to sector leaders. Deaths in some of the largest care home networks have surged by more than 70 per cent in the last week or two, operators said yesterday, with official figures due out today expected to show a significant increase. Care homes have also seen a rise in deaths which have nothing to do with coronavirus, as hospitals fail to take in residents as patients. HC One, the UK's biggest care home provider, said the death rate among its 17,500 residents was around three times last year's, but only half those additional deaths were directly linked to COVID-19. Guardian, Telegraph

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Coronavirus: Ministers knew care home risk, says Vallance The risk of the coronavirus spreading in care homes was “flagged up very early on” to the Gov- ernment, according to the Chief Scientific Adviser. Sir Patrick Vallance said that it had been rec- ognised that as well as hospitals, nursing homes “were places that you were likely to get spread” and added that they had also done “some work to try to identify what that might look like”. Times

Coronavirus: Small firms offered government-backed loans of up to £50,000 The Chancellor has announced a new coronavirus crisis aid scheme, offering small businesses up to £50,000 in loans which will be 100 per cent guaranteed by the Government. Rishi Sunak told MPs the "bounce back" loans were a consequence of many firms struggling to access credit during the lockdown to date. Sky News Online, all papers

27 April: Coronavirus: Debt collection The Centre for Social Justice has found that of all the cases of problem debt reported to the Citi- zens Advice charity last year, 42 per cent related to money owed to central and local government – more than double the level in 2011. Charities say that public bodies are increasingly using tactics such as hiring bailiffs. The report warns the economic impact of the coronavirus pandemic could lead to more bankruptcies. Cllr Richard Watts, Chair of the LGA’s Resources Board, said: “We realise that the coronavirus outbreak has placed additional pressure on people and councils are doing their best to protect those most in need, whether through providing financial support or taking a sympathetic and constructive approach to the way we collect unpaid tax.” FT

Coronavirus: Could our car-choked cities become more liveable? Transport campaigners have said that measures introduced to make cycling and walking in Brit- ain’s towns and cities easier should remain after the coronavirus lockdown. This follows the publication of the Department for Transport’s temporary guidance to help councils give cyclists and pedestrians more space on roads during the current period. The LGA said it had long called for reform and that “after the immediate emergency, we hope the Government will seriously consider a new regime to help us create better streets for all”. Independent

Coronavirus: Local government funding Councils are struggling to meet the rising cost of coronavirus. The LGA said the £3.2 billion of extra funding had gone on paying for care, while income from services like parking had fallen. Some councils have said that funding gaps could lead to more cuts. BBC News

Coronavirus: Bosses appeal to the Government for a lockdown exit plan The Institute of Directors has said the Government must set out its lockdown exit plans to re- store confidence among British businesses that have become increasingly bleak about the econ- omy’s future. It said its 28,000 members were “clamouring” for information so they could start drawing up return-to-work plans. Guardian, Times

Coronavirus: UK tourism hotspots could face worst of post-lockdown job losses Research by the Royal Society of Arts and Manufacturing has suggested that people working in some of Britain’s most beautiful areas will be worst hit by the expected wave of unemployment following the coronavirus pandemic. Guardian

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Bulletins: Improvement and innovation bulletin: COVID-19 issue; (29 April): https://content.govdelivery.com/accounts/UKLGA/bulletins/2883637

Workforce: (29 April): https://content.govdelivery.com/accounts/UKLGA/bulletins/2879b91

Community Safety, Policing and Fire Service (29 April): https://content.govdelivery.com/accounts/UKLGA/bulletins/288fbce

Culture, Tourism (28 April): https://content.govdelivery.com/accounts/UKLGA/bulletins/287ff4e

Publications: Options for councils in supporting leisure providers through COVID-19; (29 April); This advice note aims to update councils on the impact the COVID-19 pandemic is having on leisure providers operating services and facilities owned and delivered on behalf of councils. It includes options as well as examples of how councils are providing practical support to providers and ensuring facilities are in a position to reopen when social distancing measures are relaxed. https://www.local.gov.uk/options-councils-supporting-leisure-providers-through-covid-19

Working with children’s services providers during COVID-19: guidance to commissioners; (29 April): This guidance note is for local authority commissioners of children’s social care and education placements. It is designed to summarise pressures on providers arising from COVID-19, and to put forward ways in which commissioners and providers can work together to alleviate these pressures. It also outlines support available to council commissioners during the outbreak. https://www.local.gov.uk/working-childrens-services-providers-during-covid-19- guidance-commissioners

Remote council meetings: Ashfield District Council; (27 April): Ashfield District Council held its Annual Meeting of Council virtually on 23 April. The first testing sessions carried out were to decide which application would best suit a meeting with 35 Elected Members and up to six supporting officers. https://www.local.gov.uk/remote-council-meetings-ashfield-district-council

Weekly COVID-19 Supply Chain Bulletin; 24 April 2020 https://content.govdelivery.com/accounts/UKLGA/bulletins/2883a83

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PAS Extra April Edition: https://content.govdelivery.com/accounts/UKLGA/bulletins/2889261

LOCAL GOVERNMENT INFORMATION UNIT Newsletter: 24 April: https://mailchi.mp/lgiu.org.uk/lgiu-this-week-9th-april-1094246?e=a9126ea8e0

PARLIAMENT Covid Collection @ 30 April: http://www.legislation.gov.uk/all?title=coronavirus

Bills: Fire Safety Bill 2019-2020 https://commonslibrary.parliament.uk/research-briefings/cbp-8782/

Domestic Abuse Bill 2019-20: (23 April): https://commonslibrary.parliament.uk/research-briefings/cbp-8787/ and LGA briefing https://www.local.gov.uk/parliament/briefings-and-responses/domestic-abuse-bill- second-reading-house-commons-28-april-2020

Regulations: Covid-19 SI Dashboard: https://www.hansardsociety.org.uk/publications/data/coronavirus-statutory-instruments- dashboard

The Solicitors (Disciplinary Proceedings) (Amendment) Rules 2020 http://www.legislation.gov.uk/uksi/2020/462/contents/made

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2020 http://www.legislation.gov.uk/uksi/2020/469/contents/made

The Maternity Allowance, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay (Normal Weekly Earnings etc.) (Coronavirus) (Amendment) Regulations 2020 http://www.legislation.gov.uk/uksi/2020/450/contents/made

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The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 http://www.legislation.gov.uk/uksi/2020/445/contents/made and comment… https://www.localgovernmentlawyer.co.uk/employment/395-employment-news/43526- law-commission-calls-for-reforms-to-close-unsatisfactory-gaps-in-powers-of- employment-tribunals

The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2020 http://www.legislation.gov.uk/uksi/2020/446/contents/made and comment https://education11kbw.com/changes-in-the-new-school-admission-appeals- regulations/

Note: LLG & ADSO will be producing guidance soon on the above Regulations

The Non-Domestic Rating (Transitional Protection Payments and Rates Retention) (Coronavirus) (Amendment) Regulations 2020 http://www.legislation.gov.uk/uksi/2020/449/contents/made

Committees: Committee takes evidence from Local Government Association on Covid-19 impact - News from Parliament - UK Parliament; (24 April): https://www.parliament.uk/business/committees/committees-a-z/commons- select/housing-communities-and-local-government-committee/news/covid-19-impact- evidence-19-21/

House of Lords: Library Collection: https://lordslibrary.parliament.uk

Newsletter: w/e 24 April; https://mailchi.mp/parliament/lords-news-virtual-proceedings-and-more?e=6484a527bc

Government must address IR35’s inherent flaws and unfairnesses, committee concludes; (27 April) https://www.parliament.uk/business/committees/committees-a-z/lords-select/economic- affairs-finance-bill-sub-committee/news-parliament-2019/fbsc-report-published/

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This Week in Parliament: Virtual House of Commons: End of week one - News from Parliament - UK Parliament: (24 April): https://www.parliament.uk/business/news/2020/april1/virtual-house-of-commons-end- of-week-one/

Publications: Committee considers recent draft EU legislation in its latest report; (29 April): https://www.parliament.uk/business/committees/committees-a-z/commons- select/european-scrutiny-committee/news-parliament-2017/fourth-report-of-session- 2019-20-report-published-19-21/

Michael Gove updates House on public services; (28 April): https://www.parliament.uk/business/news/2020/april1/michael-gove-update-on-public- services/

Fly-tipping – the illegal dumping of waste: (28 April): This Commons Library briefing paper gives a general overview of the extent of the problem of fly-tipping in England and the powers and responsibilities of the Environment Agency, local authorities and landowners to deal with it. It also sets out recent Government actions to tackle it and proposals for reform. https://commonslibrary.parliament.uk/research-briefings/sn05672/

Briefing: Coronavirus: Changes to practice and procedure in the UK and other parliaments; (23 April): https://commonslibrary.parliament.uk/research-briefings/cbp-8874/

Briefing; Employment rights and insolvency: (24 April): https://commonslibrary.parliament.uk/research-briefings/sn00651/

Briefing: The Care Quality Commission: (24 April): https://commonslibrary.parliament.uk/research-briefings/cbp-8754/

Briefing: Planning: change of use; (23 April): https://commonslibrary.parliament.uk/research-briefings/sn01301/

Briefing: Permitted Development Rights: (23 April): Permitted development rights allow changes to be made to buildings and use of land without needing planning permission. This briefing outlines changes to PDRs already made and others that have recently been announced. It applies to England only. https://commonslibrary.parliament.uk/research-briefings/sn00485/

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CASES Court of Protection: DA v DJ [2017] EWHC 3904 (Fam) (29 November 2017) In a judgment given in November 2017, but only recently reported, Parker J considered the gateway test for engaging the Court of Protection's (COP's) powers to make interim orders and directions under section 48of the Mental Capacity Act 2005 (MCA 2005). In doing so, she addressed the conflicting decisions of: Hayden J (current Vice-President of the COP) in London Borough of Wandsworth v M and others [2017] EWHC 2435 (Fam) (see Legal update: case report, Interim order made under inherent jurisdiction while mental capacity assessment undertaken (High Court)). HHJ Marshall QC in Re F [2009] EWHC B30 (Fam)(a decision endorsed by Charles J, then Vice-President of the COP). https://www.bailii.org/ew/cases/EWHC/Fam/2017/3904.html

Adult Care: EHCR: BP v Surrey County Council [2020] EWCOP 22 (29 April 2020) This case examines the appropriate legal framework in these difficult cases. Article 15 (3) ECHR provides: "(3) Any High Contracting Party availing itself of this right of derogation shall keep the Secretary-General of the Council of Europe fully informed of the measures which it has taken and the reasons therefore. It shall also inform the Secretary-General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed." In A & Ors v The United Kingdom Appl. no. 3455/05, [2009] ECHR 301, 19 February 2009, the ECHR observed, at paragraph 173: "The Court recalls that it falls to each Contracting State, with its responsibility for "the life of [its] nation", to determine whether that life is threatened by a "public emergency" and, if so, how far it is necessary to go in attempting to overcome the emergency. By reason of their direct and continuous contact with the pressing needs of the moment, the national authorities are in principle better placed than the international judge to decide both on the presence of such an emergency and on the nature and scope of the derogations necessary to avert it." Additionally, in Denmark, Norway, Sweden and the Netherlands v. Greece Appl. Nos. 3321/67, 3322/67. 3323/67 and 3344/67, [1968] ECHR 17, again, it was reiterated that only a High Contracting Party is authorised to derogate. https://www.bailii.org/ew/cases/EWCOP/2020/22.html

Children: S (Child in Care. Unregistered Placement) [2020] EWHC 1012 (Fam) (28 April 2020) A High Court judge has sent ministers a copy of a ruling in which he expressed concern at a “nationwide problem” of the very limited capacity in the children's social care system for young people with complex needs who need secure care. Mr Justice Cobb said it appeared that demand for registered places was “currently outstripping supply”.

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He added: “This is the frustrating experience of the many family judges before whom such difficult cases are routinely presented. It is also the experience of the Children's Commissioner.” https://www.bailii.org/ew/cases/EWHC/Fam/2020/1012.html

LGPS: Investment Principles: Palestine Solidarity & Anor, R (on the application of) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16 (29 April 2020) The case concerned one aspect of the guidance on investment strategy statements is- sued by the Secretary of State to Local Government Pension Scheme administering authorities. The relevant regulations require an authority’s strategy to be “in accordance with” such guidance. https://www.bailii.org/uk/cases/UKSC/2020/16.html and comment… https://www.11kbw.com/knowledge-events/case/supreme-court-decision-in-palestine- solidarity-campaign-lgps-investment-guidance-on-foreign-policy-and-defence-issues- held-unlawful/ and more… https://local-government-law.11kbw.com/boycotts-2/

Declaratory Relief: London Borough of Brent Susan Lyon v Malvern Mews Tenants Association Ltd [2020] EWHC 1024 (Ch) (29 April 2020) ‘I approach this appeal with the following principles in mind. First, the decision to grant or withhold declaratory relief, including a negative declaration, is discretionary. An appellate court will only interfere with the exercise of a discretion when a judge has exceeded the generous ambit within which reasonable disagreement is possible: see, for instance, G v G [1985] 1 WLR 647 at 652. Secondly, judges should be assumed to know their functions and the matters to be taken into account unless the contrary is proved; reasons for judgments are always capable of being better expressed; and an appellate court should resist substituting its own discretion for that of a trial judge through a narrow textual analysis enabling it to conclude that the judge has misdirected himself: Piglowka v Piglowski [1999] 1 WLR 1360 at 1372.’ https://www.bailii.org/ew/cases/EWHC/Ch/2020/1024.html

Housing: Piechnik v Oxford City Council [2020] EWHC 960 (QB) (27 April 2020) The appeal arises in the context of a long-running dispute between Oxford City Council ("the claimant") and Dr Stefan Piechnik ("the defendant") in relation to major works carried out by the claimant at a residential tower block in Headington, Oxford known as Plowman Tower. The defendant owns a flat in Plowman Tower and is an academic at Oxford University. These works have given rise to proceedings between the parties in both the First-tier Tribunal Property Chamber (Residential Property) ("the FTT") and the

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Oxford County Court. https://www.bailii.org/ew/cases/EWHC/QB/2020/960.html

Insolvency Petition; Shorts Gardens LLB v London Borough of Camden Council [2020] EWHC 1001 (Ch) (27 April 2020) These are two applications to restrain presentation of two separate winding-up petitions against Saint Benedict's Land Trust Limited ("SBLT") and Shorts Gardens LLP ("Shorts Gardens") by the Respondent councils ("Camden" and "Preston"). The petitions relate to unpaid liability orders in respect of National Non-Domestic Rates ("NNDR") and certain unpaid costs orders arising out of earlier litigation involving the parties. https://www.bailii.org/ew/cases/EWHC/Ch/2020/1001.html

Mental Capacity: London Borough of Tower Hamlets v A & Anor [2020] EWCOP 21 (23 April 2020) This is a mental capacity case: it is a fundamental principle of the law, set out at section 1(2) of the Mental Capacity Act 2005 ("the Act"), that a person must be assumed to have capacity unless it is established that he lacks capacity. It follows that those asserting that a person lacks capacity bear the burden of establishing it. Go to para 34 et seq https://www.bailii.org/ew/cases/EWCOP/2020/21.html

COVID-19: adoption of employment contracts by administrators where the company furloughs employees before the start of the administration (High Court) Debenhams Retail Ltd, Re [2020] EWHC 921 (Ch) (17 April 2020) The High Court (Trower J) has given guidance on how the Coronavirus Job Retention Scheme (CJRS) may be implemented by administrators where the company had placed employees into furlough before the start of the administration. It also considered the meaning of adoption of an employment contract under paragraph 99 of Schedule B1 to the Insolvency Act 1986 (paragraph 99). https://www.bailii.org/ew/cases/EWHC/Ch/2020/921.html

Common Land: Hampshire County Council v Secretary of State for Environment, Food and Rural Affairs & Ors [2020] EWHC 959 (Admin) (23 April 2020) See para 9 et seq for the issues in this common land case https://www.bailii.org/ew/cases/EWHC/Admin/2020/959.html and comment https://local-government-law.11kbw.com/registration-of-common-land/

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Planning: Wiltshire Council, R (on the application of) v Secretary of State for Housing, Communities and Local Government & Anor [2020] EWHC 954 (Admin) (23 April 2020) The issue in the present case is whether the original Inspector erred in her interpretation during an appeal of the words "subdivision of an existing residential dwelling" in para 79(d) of the National Planning Policy Framework (NPPF). https://www.bailii.org/ew/cases/EWHC/Admin/2020/954.html

ARTICLES REPORTS PODCASTS AND VIDEO CLIPS 11 KBW: The Impact of COVID-19 on Inquests and Inquiries; (29 April); https://www.11kbw.com/knowledge-events/article/the-impact-of-covid-19-on-inquests- and-inquiries/

Inside Housing: Councils call for Right to Buy receipts flexibility amid crisis; (28 April) https://www.insidehousing.co.uk/news/news/councils-call-for-right-to-buy-receipts- flexibility-amid-crisis-66226

LGL: Councils call on government to clarify “reasonable endeavours” for discharge of duty to secure special education provision; April 28; https://www.localgovernmentlawyer.co.uk/education-law/394-education-news/43521- councils-call-on-government-to-clarify-reasonable-endeavours-for-discharge-of-duty-to- secure-special-education-provision

LGL: Remote meetings: natural justice and practical problems; (27 April): https://www.localgovernmentlawyer.co.uk/governance/314-governance-a-risk-articles/43512-remote-meetings-natural-justice-and-practical-problems-cornerstone-barris- ters

Podcast: Listen to The Employment Law & HR Podcast on Apple Podcasts. In this episode of the Podcast I interview Sarah Torres-Ferrick about strategies for man- aging staff during the current unusual working environment created by the coronavirus pandemic. https://podcasts.apple.com/gb/podcast/the-employment-law-hr-podcast/id909149940

11 KBW: FTT extends stay on information rights cases; (27 April) https://panopticonblog.com/2020/04/27/ftt-extends-stay-on-information-rights-cases/

LGL Featured Article: Possession claims and breaches of the PSED; (27 April) https://www.localgovernmentlawyer.co.uk/housing-law/315-housing-features/43468- possession-claims-and-breaches-of-the-psed

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11 KBW: Community Protection Notice; (27 April): https://local-government-law.11kbw.com/community-protection-notice/ Podcast;1 Crown Office Row: Renewed Lockdown; New Guidance: https://podcasts.apple.com/gb/podcast/law-pod-uk/id1259360349?i=1000472084821

CfPS: 2019 Annual Survey of Overview and Scrutiny in Local Government https://www.cfps.org.uk/wp-content/uploads/CfPS-Annual-Survey-2019-WEB.pdf

Shoosmiths: Planning & environment podcast: COVID19 discussions (pt 2) https://www.lexology.com/library/detail.aspx?g=28d67265-4739-47c3-b7bc- 791592524cdb

The Guardian: Coronavirus crisis may leave English councils with £5bn funding shortfall; (26 April) Local authorities say more government action needed after data shows massive financial blackhole https://www.theguardian.com/world/2020/apr/26/coronavirus-crisis-english-councils- funding-shortfall?CMP=Share_iOSApp_Other

LGL: Featured Article: Covid-19 and claimed rights of way; (24 April); https://www.localgovernmentlawyer.co.uk/property/313-property-features/43461-covid- 19-and-claimed-rights-of-way

LGL: Featured Article: Planning enforcement and COVID-19; (24 April): https://www.localgovernmentlawyer.co.uk/planning/318-planning-features/43464- planning-enforcement-and-covid-19

LGL: Equalities watchdog warns of potential unfairness for disabled people arising from remote hearings during COVID-19; (24 April) https://www.localgovernmentlawyer.co.uk/litigation-and-enforcement/400-litigation- news/43504-equalities-watchdog-warns-of-potential-unfairness-for-disabled-people- arising-from-remote-hearings-during-covid-19

CfPS: Commercialisation & Scrutiny: Guide: (20 April): https://www.cfps.org.uk/wp-content/uploads/Commercialisation-2020.pdf

CfPS: Transport governance in combined authorities: (20 April): https://www.cfps.org.uk/?publication=transport-governance-in-combined-authorities

ACAS: Coronavirus (COVID-19): advice for employers and employees; (24 April): https://www.acas.org.uk/coronavirus/using-holiday

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The Guardian; Commercial property landlords banned from demanding rent arrears: (27 April) Temporary ban intended to protect UK retailers and other firms from ‘aggressive rent collection’ during coronavirus crisis https://www.theguardian.com/business/2020/apr/23/commercial-property-landlords- banned-from-demanding-rent-arrears?CMP=Share_iOSApp_Other

LGL: ADCS President warns of potential spike in demand and backlog of care applications following COVID-19 outbreak; (23 April): https://www.localgovernmentlawyer.co.uk/child-protection/392-children-protection- news/43486-adcs-president-warns-of-potential-spike-in-demand-and-backlog-of-care- applications-following-covid-19-outbreak

The Guardian: UK voter ID plan disenfranchises the poor, appeal court told; (24 April): Activist argues trials were unlawful and denied hundreds of people right to vote https://www.theguardian.com/politics/2020/apr/23/uk-voter-id-plan-disenfranchises- poor-court-of-appeal-told?CMP=Share_iOSApp_Other

11KBW: Health Records and the Deceased: (23 April): https://panopticonblog.com/2020/04/23/health-records-and-the-deceased/

39 Essex Chambers: Planning, Environment and Property newsletter: (24 April); https://www.39essex.com/planning-environment-and-property-newsletter-23rd-april- 2020/

OPENING BULLETIN LINKS: Access to podcasts and video clips, if listed, may require you to first download relevant apps/programs. This bulletin is circulated to LLG members. Please email me at the address below if you have any queries about the bulletin. This bulletin is circulated to ADSO members by agreement. Copyright remains with LLG. LLG members may copy all or any part of this bulletin for information purposes within their organisation Dennis Hall LLG Bulletin Editor [email protected]