Democracy Direct 9 March 2020

CORONAVIRUS ALERT:

GOVERNMENT INFORMATION Policy paper; Coronavirus action plan: (3 March): What the health and social care system across the UK has done to tackle the coronavirus (COVID-19) outbreak, and what it plans to do next. https://www.gov.uk/government/publications/coronavirus-action-plan and the LGA response… https://www.local.gov.uk/lga-responds-coronavirus-action-plan

INFORMATION FROM LGA The LGA is liaising with Public Health England (PHE), the Department for Health and Social Care and the Ministry of Housing, Communities and Local Government regarding the evolving situation with the outbreak of the Coronavirus. Local authority Directors of Public Health are in close contact with PHE. https://www.local.gov.uk/coronavirus-information-councils

MAY ELECTIONS ALERT The Guardian: Local elections could be delayed by coronavirus outbreak: (2 March): Government lawyers are assessing the possibility of delaying the local authority, mayoral and police and crime commissioner elections in May if the coronavirus outbreak continues to escalate. https://www.theguardian.com/world/2020/mar/01/local-elections-could-be-delayed-by- coronavirus-outbreak?CMP=Share_iOSApp_Other

BREXIT FOCUS Parliament: The UK-EU future relationship negotiations: process and issues - Commons Library briefing: (2 March): https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8834

Why is state aid such a key matter in UK–EU negotiations? - News from Parliament: (28 February): https://www.parliament.uk/business/committees/committees-a-z/lords-select/eu- internal-market-subcommittee/news-parliament-2019/level-playing-field-evidence- session-2/

Possible impact of Brexit on criminal justice cooperation raises concerns - News from Parliament - UK Parliament; (27 February): https://www.parliament.uk/business/committees/committees-a-z/lords-select/eu-justice- subcommittee/news-parliament-2019/joint-meeting-criminal-justice-coop/

Democracy Direct 9 March 2020

Government: Terms of reference on the UK-EU future relationship negotiations: (28 February): https://www.gov.uk/government/publications/terms-of-reference-on-the-uk-eu-future- relationship-negotiations

Statement on the future relationship with the EU - News from Parliament: (27 February): https://www.parliament.uk/business/news/2020/february/statement-on-future- relationship-with-the-eu/

Commentary: TLS: Podcast: Brexit: Where are we now? (4 March): https://www.lawsociety.org.uk/communities/the-city/articles/brexit-where-are-we-now/

The Guardian: UK says it will consider walking away from Brexit talks in June: (27 February): https://www.theguardian.com/politics/2020/feb/27/uk-says-it-will-consider-walking- away-from-brexit-talks-in-june

MINISTRY OF HOUSING COMMUNITIES AND LOCAL GOVERNMENT Press release; Housing Secretary clamps down on shoddy housebuilders; (24 February): Homebuyers who are faced with shoddy building work in their new homes will be protected by a new, independent Ombudsman. https://www.gov.uk/government/news/housing-secretary-clamps-down-on-shoddy- housebuilders

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY Press release: Millions more homes to be powered by renewables; (3 March): Measures to promote new renewable electricity generation projects launched in boost for renewables supply chain. https://www.gov.uk/government/news/millions-more-homes-to-be-powered-by- renewables

News story: Government campaign to ensure workers are paid correctly for holiday leave; (2 March): New campaign to remind workers of their right to paid holiday leave and ensure employers check their staff are taking their leave. https://www.gov.uk/government/news/government-campaign-to-ensure-workers-are- paid-correctly-for-holiday-leave

Democracy Direct 9 March 2020

DEPARTMENT OF HEALTH AND SOCIAL CARE Statutory guidance; Care Act 2014: supporting implementation; (2 March): Support for local authorities to carry out the implementation for part 1 of the Care Act 2014. https://www.gov.uk/government/publications/care-act-statutory-guidance

HMRC Guidance; Understanding off-payroll working (IR35); (27 February): Off-payroll working rules for clients, workers (contractors) and their intermediaries. https://www.gov.uk/guidance/understanding-off-payroll-working-ir35

HM LAND REGISTRY Guidance; First registrations (PG1): (2 March): Guidance for conveyancers on how to register unregistered estates in land for the first time (practice guide 1). https://www.gov.uk/government/publications/first-registrations

PLANNING INSPECTORATE Selected Planning Appeals: w/e 28 February:

Home allowed in light of council’s second worst HDT results. An inspector has applied the 'presumption in favour of sustainable development' in approving a new home on vacant land on a Romford housing estate, citing Havering Borough Council's poor results in the 2019 housing delivery test (HDT). https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3238738&CoID=0

Renewable energy production amounts to ‘very special circumstances. An inspector has approved plans for 67 solar panels in the Hertfordshire green belt, ruling that the scheme’s ‘valuable contribution to cutting greenhouse gas emissions’ amounted to very special circumstances. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3225810&CoID=0

Improved brownfield scheme rejected for a second time. A plan to redevelop a brownfield site in south London to provide nine homes that was dismissed at appeal in 2019 has been rejected again, after an inspector ruled that the altered scheme still did not overcome the council's concerns. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3238124&CoID=0

18-storey tower held back by affordable housing agreement. An inspector has cited an incomplete 'bespoke agreement' for variable affordable

Democracy Direct 9 March 2020 housing in refusing plans for an 18-storey tower comprising 151 flats in Leeds, after overturning four of the council's five reasons for refusal. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3237128&CoID=0

Pubs in other villages justify residential conversion. An inspector has approved the conversion of a listed pub in Yorkshire into a home despite dissent from local people, citing the fact that a darts team that had competed at the pub had been able to transfer to another pub six miles away. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3223570&CoID=0

EQUALITIES & HUMAN RIGHTS COMMISSION News from the EHRC: Restraint in schools | Legal action to uphold human rights | Domestic Abuse Bill: (28 February). http://communication.equalityhumanrights.com/interface/external_view_email.php?AY8 377135518233291933341532328

GAMBLING COMMISSION February Newsletter: https://mailchi.mp/gamblingcommission/licensing-authority-annual-returns-deadline-12- may-321660?e=87274ce63f

ELECTORAL COMMISSION Record year and quarter for political party donations and loans in Great Britain: (27 February): https://www.electoralcommission.org.uk/media-centre/record-year-and-quarter-political- party-donations-and-loans-great-britain

THE LAW SOCIETY Westminster weekly update: Criminal legal aid review first stage announced: (2 March): https://www.lawsociety.org.uk/news/blog/criminal-legal-aid-review-first-stage- announced/

Professional Update: (28 February): https://emailcc.com/rv/ff005aea19c65c1d364adf5b184b88577f7d9780?utm_source=pro fessional_update&utm_medium=email&utm_campaign=PU-02%2f28%2f2020

'Not something to get hysterical about': LCJ on constitutional reform: (28 February): https://www.lawgazette.co.uk/law/not-something-to-get-hysterical-about-lcj-on- constitutional-reform/5103274.article

Democracy Direct 9 March 2020

ROYAL TOWN PLANNING INSTITUTE Who loves a planning committee? (28 February): The Planning Committee (Committee hereafter) forms an essential part of the decision- making process in planning, with local councillors discussing and voting on planning applications and local plans on the advice of professional planning officers. They can also be controversial with Policy Exchange Report (Airey and Doughty, 2020), suggesting that planning moves towards a ‘zoning’ system with politicians removed from the process of actually determining planning applications. However, it has been through attending Committee in Worcester for the past few months, while also writing up my PhD Chapters on Power, Politics and Governance in Planning, that I have really considered whether Committees are the best way to make decisions. https://www.rtpi.org.uk/briefing-room/rtpi-blog/who-loves-a-planning-committee/

NAO Gambling regulation: problem gambling and protecting vulnerable people: (28 February): https://www.nao.org.uk/report/gambling-regulation-problem-gambling-and-protecting- the- vulnerable/?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery &utm_term=

LOCAL GOVERNMENT AND SOCIAL CARE OMBUDSMAN Care provider bulletin edition 10: (4 March): https://content.govdelivery.com/accounts/UKLGO/bulletins/27e24cd

Council fails to carry out financial assessment following Ombudsman investigation: (4 March): North Yorkshire County Council has failed to carry out a financial assessment it had agreed to undertake following an earlier upheld complaint to the Local Government and Social Care Ombudsman; https://content.govdelivery.com/accounts/UKLGO/bulletins/27f1a2a

Village cricketers forced to move because of planning error; A village cricket club has been forced to find a new venue after planners at Shropshire Council failed to put in place measures to prevent balls hitting a new house when it approved planning permission, the Local Government and Social Care Ombudsman has found. https://content.govdelivery.com/accounts/UKLGO/bulletins/27ee0bb and comment… https://www.theguardian.com/society/2020/mar/03/council-planning-oversight-forced- cricket-club-to-play-in-exile?CMP=Share_iOSApp_Other

Democracy Direct 9 March 2020

Weekly Decision Updates: w/e 28 February: Planning: https://content.govdelivery.com/accounts/UKLGO/bulletins/27e1ba0 Housing: https://content.govdelivery.com/accounts/UKLGO/bulletins/27e1be7 Adult Social Care: https://content.govdelivery.com/accounts/UKLGO/bulletins/27e1be1 Children and Education: https://content.govdelivery.com/accounts/UKLGO/bulletins/27e1bf1 Benefits and Taxation: https://content.govdelivery.com/accounts/UKLGO/bulletins/27e1bde

LOCAL GOVERNMENT ASSOCIATION Selected Daily Bulletin items:

4 March: £5 billion national discounts threatening future of Right to Buy Tenants have received discounts of nearly £5 billion to help purchase their council home under the Right to Buy scheme since the size of the discount was increased in April 2012, new analy- sis by the LGA reveals. The RTB discount currently averages at 42 per cent of market value, meaning council properties can be bought for almost half price. Metro p22, i p43, Mail p20

Excluded pupils must stay in full-time education ‘to prevent them joining gangs’ School exclusions escalate the risk of criminals coercing teenagers into knife crime and drug trafficking, according to the Child Safeguarding Practice Review Panel. The panel’s review calls for safeguarding agencies and headteachers to ensure pupils are given a suitable alternative full-time education. Independent p17, Times p4, ITV Online, Mail p22, Telegraph p8

Potholes are fixed with ‘patch and dash’ approach - RAC Pothole damage is being repaired with patched up maintenance rather than proper resurfacing methods, according to road recovery group the RAC. It said potholes are fixed with a “patch and dash” approach rather than effective long-term solutions and urged the Government to commit to a funding scheme to fix the UK road networks. Express Online

Coronavirus Up to a fifth of the workforce may be off sick during the peak of a coronavirus epidemic in the UK, the Government has said in its latest plans announced yesterday. In response, the Trade Union Congress said the Government should provide support for workers who do not qualify for statutory sick pay. BBC Online, Sky News Online, Mirror p5, i p6, Express p4, Mail p1, Times p1, Telegraph p1, Guardian p1, Sun p1, Star p4

Budget: Urgent business rates reform needed, industry groups say In a letter to Chancellor Rishi Sunak, organisations including the Association of Convenience Stores, British Chambers of Commerce, British Property Federation and Federation of Small Businesses all called for an overhaul of the current rates system. ITV Online, Guardian Online, FT p2

Democracy Direct 9 March 2020

Build on the green belt to give young people homes Britain needs to build on the green belt if ministers want to provide affordable homes, the Gov- ernment’s infrastructure adviser says. Sir John Armitt, Chairman of the National Infrastructure Commission, said the Government must accept the need for large-scale housing on rural land to avoid further housebuilding on floodplains. Guardian p17

3 March: Call for councils to take on child trafficking cases The UK’s independent anti-slavery commissioner has called for decision-making on child traf- ficking cases to be taken away from the Home Office. Sara Thornton said that local authorities should take over the powers because they are better placed to provide subsequent support for the child. Guardian Online

Number of families denied first preference could increase, headteachers warn The number of children being denied their first-choice secondary school is likely to increase, headteachers have warned. Hundreds of thousands of families in England were told whether their child had secured a place in their preferred secondary school on National Offer Day yester- day. But school leaders have warned that more children could miss out this year as an increase in pupil numbers continues to make its way into secondary schools. Independent p13, i paper p6

Coronavirus: School closures and travel curbs in UK plans The Government is today due to outline its plans to contain the spread of coronavirus involving possible school closures, event cancellations, curbs on travel, more home working and bringing NHS staff out of retirement. Legislation will be introduced to ensure ministers have the powers to prepare for a widespread outbreak, while Chancellor Rishi Sunak is also pledging more funds to fight the spread of COVID-19, the disease caused by the coronavirus, and has promised a big injection of cash in next week's Budget. BBC Online, Sky News Online, Times p1, Telegraph p1, FT p3, Guardian p8, i paper p1, Mail p1, Express p1, Sun p1, Mirror p6, Star p8

Coronavirus: UK supermarkets draw up plan to ‘feed the nation’ British supermarkets have drawn up “feed the nation” contingency plans which would help the country cope with any panic-buying brought on by a sudden escalation of the coronavirus out- break. Under the plans, supermarkets would work with suppliers to scale back the variety of foods and groceries available, and instead focus on maintaining supplies of staple products. Guardian p1, i paper p10, Mail p8

Coronavirus: unions warn over lack of sick pay for gig economy workers Trade unions have warned that up to two million workers with no sick pay may not be able to af- ford to self-isolate for two weeks if they develop coronavirus symptoms. Those affected – includ- ing some care workers, hospitality staff and delivery drivers – could potentially hide their illness rather than lose pay, which could risk worsening any outbreaks. Guardian Online

Social care reform poll Almost half of adults think the UK’s social care system should be a priority for ministers, while 79 per cent of people aged over 70 worry about being able to afford decent care in later life, accord- ing to a survey by specialist housing provider Anchor. Express p2

Domestic Abuse Bill The Domestic Abuse Bill is due to be introduced to Parliament today which the Government says contains an "enhanced" package of measures that will "protect victims and punish perpe- trators" of the crime. Proposed measures include a legal duty on councils to find safe accommo- dation for domestic abuse victims and their children, a ban on perpetrators cross-examining their

Democracy Direct 9 March 2020 victims during family court proceedings and lie detector tests for convicted abusers to try to stop them reoffending. BBC Online, Sky News Online, Telegraph p2, Guardian p2, i paper p14, Mirror p6, Mail p10, Star p2

Budget will test pledge to even out regional inequality The Budget next week will be the Government’s first opportunity to back its pledge to start help- ing “left-behind” areas beyond London and the South East. Britain’s high regional economic ine- quality figures are “enormously influenced” by administrative boundaries such as cities, towns and rural areas, according to Professor Tony Travers of the London School of Economics. FT p2

Architects who clad Grenfell lacked high-rise experience The head of the architects’ firm which refurbished Grenfell Tower said that it would not have won the contract in an open tender, as it had no experience working on high-rise buildings. Studio E Architects specialised in building or renovating schools, leisure centres, sports facilities and commercial buildings, the Grenfell inquiry was told. Times p2, Telegraph p8m, FT p3, Mail p10, Mirror p20

2 March:

Health alert over online takeaways Watchdogs have warned of a new health threat from "dark kitchens" selling takeaway food online. People without training in hygiene are reportedly selling through social media such as Facebook Marketplace and are taking advantage of an increasing appetite for home delivery. The Food Standards Agency has put Facebook on notice warning that it expects food sold through its services to be policed properly. It comes as the number of council food standards staff has fallen by 45 per cent between 2012/13 and 2017/18. Cllr Simon Blackburn, Chair of the LGA's Safer and Stronger Communities Board, said: "Significant funding pressures make it extremely difficult for some councils to maintain previous levels of food work. There is a pressing need for government to come up with a sustainable funding model for food regulation." Mail p19

Emergency meeting as UK coronavirus cases rise Boris Johnson is to chair a meeting of the Government’s emergency Cobra committee later today, after the number of UK coronavirus cases rose to 36. The official government plan on how to tackle the spread will be finalised at the talks. Sky News Online, all papers

Chancellor’s Budget could be disrupted by coronavirus The Chancellor has been warned that he will have to reassess his budget plans in response to the economic disruption caused by the spread of the coronavirus. The Government’s economic watchdog, the Office for Budget Responsibility, is expected to revise its economic forecasts to recognise falling stock markets worldwide. Times p7

More pupils ‘won’t get in first-choice secondaries’ The Education Policy Institute has warned that a shortage of teachers and a “bulge” in pupil numbers could see even more children missing out on their first-choice secondary school. Today primary pupils find out which secondary they will attend in September. Mail p20, i p21

Bulletins: LGA: Finance Bulletin: February: The Government announced the 2020/21 final local government finance settlement on 6 Febru- ary in the form of a written ministerial statement and published associated documents on the MHCLG website. On the day of the settlement, we issued a media statement. There have been

Democracy Direct 9 March 2020 no major changes compared to the provisional settlement published in December 2019. The set- tlement was debated and approved in the House of Commons on 24 February and the LGA pro- vided a briefing for parliamentarians to assist them in this debate. The Secretary of State for Housing, Communities and Local Government, Robert Jenrick, confirmed that the Settlement would include a £49.2 billion 'funding package' for local councils, including an extra £1 billion of grant funding for children and adults social care. The Secretary of State also announced that a £40 million surplus on the levy account would be returned to local government.

Following the Government reshuffle earlier this month, our Chairman Cllr James Jamieson wrote to key appointees at the Treasury and MHCLG to set out councils’ priorities as we support the Government to deliver on its ambitions for our communities. In particular, the letters asked the Government to consider a variation to the recent increase in the rate for the Public Works Loan Board (PWLB).

The new Chancellor, Rishi Sunak, confirmed that he will deliver a Budget on 11 March 2020. We responded to the Government’s call for written representations ahead of the Budget. Our sub- mission sets out the case for long-term reform and investment to allow councils to deliver high quality services and boost economic growth. On the day of the Budget, we will prepare a briefing summarising the key announcements.

Our work on business rates received parliamentary attention. In a written answer, the Minister for Local Government and Homelessness, Luke Hall welcomed our Business Rates Avoidance Survey and said the Department would work with the LGA to evaluate its findings and better un- derstand the causes of business rates avoidance. The Times, Telegraph and Guardian featured our response to the NAO report on local authority investment in commercial property which rec- ognises that councils are using these investments to help generate income to meet funding shortfalls and to contribute to their local economy and environment. See links in text.

Health, adult social care and ageing Bulletin: February: https://content.govdelivery.com/accounts/UKLGA/bulletins/278891e

Improvement and innovation bulletin February 2020 https://content.govdelivery.com/accounts/UKLGA/bulletins/27dddf5

Community Safety, Policing and Fire Service Bulletin: February: https://content.govdelivery.com/accounts/UKLGA/bulletins/27deb3d

LGA Parliamentary Bulletin: Selected Items:

Finance Settlement

We briefed MPs ahead of the motion on the Local Government Finance Settlement 2020/21. During the debate, Secretary of State for Housing, Communities and Local Govern- ment, Robert Jenrick MP, confirmed that the Settlement would include a £49.2 billion funding package for local councils, this includes an extra £1.5 billion for children and adults social care. The Secretary of State also announced that £40 million would be redistributed to local govern- ment, following increased growth in business rates income.

Environment

We briefed MPs for the Second Reading of the Environment Bill. In the debate, LGA Vice-Presi- dent Wera Hobhouse MP (Liberal Democrat, Bath) called for local government to be resourced properly and Christian Matheson MP (Labour, City of Chester) noted that the biodiversity net gain requirements put responsibility on local authorities. MPs also highlighted that many councils

Democracy Direct 9 March 2020 had declared a climate emergency and noted the efforts made by councils to tackle climate change. Responding to the debate, Parliamentary Under Secretary of State for Environment, Food and Rural Affairs, Rebecca Pow MP, said that biodiversity net gain will work with the local nature recovery strategies in the Bill to drive environmental improvements, and those strategies will be influenced from the ground up.

Social care

We briefed MPs ahead of an Opposition Day debate on adult social care. LGA Vice-President Helen Hayes MP (Labour, Dulwich and West Norwood) raised the cross-party work of the LGA on reform of the adult social care system, and Shadow Secretary of State for Housing, Commu- nities and Local Government, Andrew Gwynne MP (Labour, Denton and Reddish), highlighted LGA research on adult social care funding pressures and workforce challenges. In response, the Minister for Care, Helen Whately MP, recognised the urgency and importance of adult social care reform and referenced the Government’s intention to bring forward plans to address this.

Building safety

In Housing, Communities and Local Government questions, Shadow Housing Ministers, John Healey MP (Labour, Wentworth and Dearne) and Sarah Jones MP (Labour, Croydon Central) asked when ACM cladding would be removed from buildings and when the flammable cladding test results would be published. In response, the Secretary of State for Housing, Communities and Local Government, Robert Jenrick MP, highlighted that the Government had banned ACM cladding, had launched a new building safety regulator, and confirmed that the test results are expected to be published in a few weeks’ time. MPs also asked questions relating to housing and homelessness, local government finance and social care.

NHS funding

We briefed for the Second Reading and final stages of the NHS Funding Bill in the House of Lords. In the debate, Peers welcomed the additional funding for the NHS, but noted the chal- lenges the public health and adult social care systems are facing and called for them to receive a similar long-term funding settlement. Baroness Penn, Lord Low, and Lord Bradley highlighted that the public health grant for 2020/21 is yet to be published. In response, the Government's Health spokesperson in the House of Lords, Lord Bethell, confirmed that the Government is committed to prevention, and reiterated their pledge that nobody should be forced to sell their home to pay for social care. Lord Bethell also confirmed that the mental health White Paper will be published in the Spring. The NHS Funding Bill has now passed through Parliament and is awaiting Royal Assent.

School exclusions

We briefed MPs ahead of a debate on school exclusions. The Shadow Minister for Housing, Sa- rah Jones MP (Labour, Croydon Central) highlighted that one in three councils have no vacant places in their pupil referral units. Ms Jones also highlighted the link between school exclusions and the increase in serious violence and noted that half of all excluded children have special ed- ucational needs. Responding to the debate, the Minister for School Standards, Nick Gibb MP, agreed there was a correlation between excluded children and being a victim or perpetrator of crime, but argued this does not suggest that exclusion causes children to be involved in crime. Mr Gibb added that the Government is committed to ensuring that all teachers are equipped to tackle disruption.

Energy efficiency

We briefed MPs ahead of a debate on energy efficiency measures in buildings to achieve net zero. MPs discussed a wide range of issues, including energy efficiency in social housing. Tulip Siddiq MP (Labour, Hampstead and Kilburn) in particular highlighted that this should not be down to councils, but that Government should also invest. In response to the debate, the Minis- ter for Business, Energy and Clean Growth, Kwasi Kwarteng MP, highlighted that the answer did

Democracy Direct 9 March 2020 not lie solely with the Department for Business, Energy and Industrial Strategy, but that they needed to work with the Ministry for Housing, Communities and Local Government.

Publications: First Magazine: March: https://www.lgafirst.co.uk/

LGA responds to State of Child Health 2020 report: (4 March): https://www.local.gov.uk/lga-responds-state-child-health-2020-report

LGA - £5 billion national discounts threatening future of Right to Buy (4 March): https://www.local.gov.uk/lga-ps5-billion-national-discounts-threatening-future-right-buy

LGA responds to introduction of Domestic Abuse Bill to Parliament: (3 March): https://www.local.gov.uk/lga-responds-introduction-domestic-abuse-bill-parliament-0

PAS Bulletin: February: Evidence for Plan Making, so you want to fix your housing land supply? Housing Delivery Test workshops and more... https://content.govdelivery.com/accounts/UKLGA/bulletins/27e5d1c

Housing and Planning, House of Commons, 3 March 2020: (28 February): https://www.local.gov.uk/parliament/briefings-and-responses/housing-and-planning- house-commons-3-march-2020

LGA behavioural insights podcast: (28 February): https://www.local.gov.uk/our-support/efficiency-and-income-generation/behavioural- insights/lga-behavioural-insights-podcast

LOCAL GOVERNMENT INFORMATION UNIT Weekly Newsletter: 28 February: https://mailchi.mp/lgiu.org.uk/lgiu-this-week-21st-february-1092501?e=a9126ea8e0

PARLIAMENT Regulations:

The Magistrates’ Courts (Knife Crime Prevention Orders) Rules 2020 Quite a lot of news on this. They’ve been termed ‘knife ASBOs’ http://www.legislation.gov.uk/uksi/2020/210/contents/made

Democracy Direct 9 March 2020 see this… https://www.lawgazette.co.uk/news/knife-asbos-to-be-piloted-in-london/5103323.article

The Employment Rights (Increase of Limits) Order 2020 This Order increases, from 6th April 2020, the limits applying to certain awards of employment tribunals, and other sums payable under employment legislation, as specified in the Schedule to this Order. http://www.legislation.gov.uk/uksi/2020/205/contents/made

Committees: The Fixed-term Parliaments Act 2011 – Committees: (4 March): The Fixed-term Parliaments Act 2011 is the law governing the dissolution of Parliament and the calling of UK general elections. The Government has said it intends to repeal the Act and the Opposition also set this commitment out in its manifesto – but no proposals for replacing it have yet been made public: https://committees.parliament.uk/work/79/the-fixedterm-parliaments-act-2011/

Electoral Commission to give evidence on regulating digital campaigns - News from Parliament - UK Parliament: (3 March): https://www.parliament.uk/business/committees/committees-a-z/lords-select/democ- digital-committee/news-parliament-2019/electoral-commission-evidence-session/

Webcast: Electoral Registration and Administration Act 2013 Committee. Tuesday 25 February 2020 Meeting started at 3.25pm, ended 5.44pm https://parliamentlive.tv/Event/Index/cd6b0485-867c-4a27-bac8-2fb6bb197de2

House of Lords: Lords Newsletter: (28 February): https://mailchi.mp/parliament/lords-hears-from-supreme-court-debates-childrens- issues?e=6484a527bc

This Week in Parliament: w/e 28 February: https://www.parliament.uk/business/news/2020/february/this-week-in-the-commons-24- february-2020/

Publications: 2020 CJEU Judgments in Summary - Commons Library briefing: (4 March): https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8840

Democracy Direct 9 March 2020

Levelling up’: How can economic growth and prosperity be measured across UK regions? (3 March): https://commonslibrary.parliament.uk/insights/levelling-up-how-can-economic-growth- and-prosperity-be-measured-across-uk-regions/?utm_source=HOC+Library+- +Research+alerts&utm_campaign=a507021b4b- EMAIL_CAMPAIGN_2020_03_04_08_00&utm_medium=email&utm_term=0_a9da1c9b 17-a507021b4b-102515393&mc_cid=a507021b4b&mc_eid=a7182ec69c

Insecure work: the Taylor Review and the Good Work Plan: (2 March): This Commons briefing paper tracks the recommendations made in the Taylor Review of Modern Working Practices and the Government's response in the Good Work Plan. https://commonslibrary.parliament.uk/research-briefings/cbp-8817/

Housing and planning – House of Commons Library: (28 February): https://commonslibrary.parliament.uk/research-briefings/cdp-2020-0041/

Child protection: Duties to report concerns - Commons Library briefing: (28 February): https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06793

Home Office Minister makes statement on child protection - News from Parliament - UK Parliament: (27 February): https://www.parliament.uk/business/news/2020/february/home-office-minister-makes- statement-on-child-protection/

School places in England: applications, allocations and appeals: (25 February): https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN07147

CASES Housing Benefit: BN v (1) Liverpool City Council (2) Secretary of State for Work and Pensions (HB): [2020] UKUT 28 (AAC) - GOV.UK Housing benefit – rent allowance – long lease of flat which restricted ownership to a maximum of 75% of the value of the property with no rent payable on the remaining 25% - whether shared ownership lease for the purposes of regulation 12(2)(a) of the Housing Benefit Regulations 2006 – whether Blackburn with Darwen Borough Council v. DA (HB) [2014] UKUT 431 (AAC) correctly decided. https://assets.publishing.service.gov.uk/media/5e5f6f25e90e077e3385cb4b/CH_0257_ 2019-00.pdf

SEND: Nottinghamshire County Council v SF and GD (Rev 1) [2020] EWCA Civ 226 (03 March 2020) The proceedings here concern the special educational needs and disability jurisdiction of the Health Education and Social Care Chamber, The core question is whether the

Democracy Direct 9 March 2020 tribunals wrongly construed the meaning of 'necessary' in section 37(1) of the Children and Families Act 2014 ['CFA 2014']. Although the appeal is pursued as a question of law, the answer in this particular case is a question of fact. https://www.bailii.org/ew/cases/EWCA/Civ/2020/226.html

JR: Lawfulness: Executive Functions: Williams, R (On the Application Of) v Caerphilly County Borough Council [2020] EWCA Civ 296 (03 March 2020) This is an appeal against the decision to dismiss a challenge to the lawfulness of the decision of the respondent local authority, acting by its cabinet, to adopt a Strategy for the provision of Sports and Recreation facilities. https://www.bailii.org/ew/cases/EWCA/Civ/2020/296.html

For comment see… https://local-government-law.11kbw.com/executive-functions-2/

Procurement: Ryhurst Ltd v Whittington Health NHS Trust [2020] EWHC 448 (TCC) (28 February 2020) An NHS trust has defeated a legal challenge over its decision to abandon a procurement exercise for 10-year strategic estates partnership (SEP), in circumstances where it had previously made a decision to award the contract to the claimant. https://www.bailii.org/ew/cases/EWHC/TCC/2020/448.html and comment… https://www.11kbw.com/knowledge-events/case/jason-coppel-qc-and-rupert-paines- successfully-defend-procurement-cancellation-decision/

Leasehold forfeiture: 1) Mohammed Majeed Faiz (2) Shakeela Faiz (3) SASSF Limited -v- Burnley Borough Council; Case No:PT-2019-MAN-000118 This case concerns whether the Council have successfully forfeited a Lease. This depends, in turn, on whether, the Council had waived their right of forfeiture by the time they sought to exercise it. ‘ A landlord waives its rights of forfeiture when, with full knowledge of the facts upon which its rights have arisen, it acts in a way consistent only with the continuation of the lease’….go to para 63 et seq for a full statement of the legal principles involved… https://www.judiciary.uk/wp-content/uploads/2020/02/Faiz-v-Burnley-Approved- Judgment.pdf

Children: C (A Child: Interim Separation) [2020] EWCA Civ 257 (26 February 2020) A local authority has failed in an appeal over a judge’s decision that a mother and child should be reunited in a different residential unit.The appeal in C (A Child : Interim Separation) [2020] EWCA Civ 257 concerned a baby who Lord Justice Peter Jackson

Democracy Direct 9 March 2020 called Rosie (not her real name). She is now 5 months old and was cared for by her mother under supervision in a residential unit until 16 January, when she was placed in foster care. https://www.bailii.org/ew/cases/EWCA/Civ/2020/257.html

Planning: Climate Change: Heathrow: Plan B Earth v Secretary of State for Transport [2020] EWCA Civ 214 (27 February 2020) On 27 February 2020, the Court of Appeal (Lindblom, Singh and Haddon-Cave LJJ) allowed the appeal of the judicial review challenge by Plan B Earth, Friends of the Earth and others relating to the Airports National Policy Statement (NPS) and Heathrow Airport expansion. The Court of Appeal declared that the Secretary of State had acted unlawfully in failing to consider the UK's commitments under the UNFCCC Paris Agreement on Climate Change when it designated the Airports NPS in support of the expansion of Heathrow Airport. https://www.bailii.org/ew/cases/EWCA/Civ/2020/214.html and comment…. https://www.11kbw.com/knowledge-events/case/heathrow-third-runway-halted-by- friends-of-the-earth-as-court-of-appeal-declares-airports-national-policy-statement-un- lawful/ and more… https://www.theguardian.com/environment/2020/feb/27/heathrow-third-runway-ruled- illegal-over-climate-change?CMP=Share_iOSApp_Other and more still!... https://www.instituteforgovernment.org.uk/blog/court-appeal-heathrow-unlawful

Planning: Heathrow: Heathrow Hub Ltd & Anor, R (On the Application Of) v The Secretary of State for Transport [2020] EWCA Civ 213 (27 February 2020) This is an appeal against an order handed down by the Divisional Court (Hickinbottom LJ, Holgate and Marcus Smith JJ) on 1 May 2019 in R (on the application of Heathrow Hub Limited and Another) v Secretary of State for Transport [2019] EWHC 1069 (Admin) ("the HUB Judgment") whereby the Divisional Court dismissed a claim for judicial review brought by the Appellants in respect of the Respondent's decision on 26 June 2018 to designate the "Airports National Policy Statement: new runway capacity and infrastructure at airports in the South East of England" ("ANPS") as a national policy statement under section 5(1) of the Planning Act 2008. https://www.bailii.org/ew/cases/EWCA/Civ/2020/213.html and comment… https://local-government-law.11kbw.com/legitimate-expectation-12/

Democracy Direct 9 March 2020 and for the full package, see here… https://www.judiciary.uk/judgments/r-friends-of-the-earth-v-secretary-of-state-for- transport-and-others/

ARTICLES REPORTS PODCASTS AND VIDEO CLIPS LGL: Revised scheme to hand Housing Ombudsman stronger powers: (4 March): https://www.localgovernmentlawyer.co.uk/housing-law/397-housing-news/42960- revised-scheme-to-hand-housing-ombudsman-stronger-powers

LGL: Report into Welsh council highlights monitoring officer also being its sole qualified childcare lawyer as example of risk of ‘all hands to the pumps’ approach: (3 March): A rapid assessment carried out by the Improvement and Assurance Board set up at Merthyr Tydfil County Borough Council has highlighted a situation where the authority’s monitoring officer is also its sole qualified childcare lawyer and has additional responsibilities as an example of why it has significant concerns about the ability of the council to deal with ongoing practical issues. https://www.localgovernmentlawyer.co.uk/governance/396-governance-news/42952- report-into-welsh-council-highlights-monitoring-officer-also-being-its-sole-qualified- childcare-lawyer-as-example-of-risk-of-all-hands-to-the-pumps-approach

11 KBW: Talking in public: (3 March): https://local-government-law.11kbw.com/talking-in-public/

IfG: Bonus Inside Briefing: ‘The Puttnam Case’: (3 March): https://www.instituteforgovernment.org.uk/podcast

The’ Chancery Lane Project’: Climate Change: (2 March): The Chancery Lane Project has published the first edition of its Climate Contract Playbook, based on pro bono drafting by more than 120 legal professionals at its climate hackathon hosted by Thomson Reuters in November 2019. The Playbook includes sixteen environmentally conscious precedent clauses covering a wide variety of issues including termination of supply contracts where the supplier cannot match a greener supplier's offering, and climate gardening leave and sabbaticals for employees. https://static1.squarespace.com/static/5d2f4d738d48be0001dee7c4/t/5e5587696eb9ca 67a2b1040d/1582663542063/TCLP+-+Climate+Contract+Playbook+-+1st+Edition.pdf

The Guardian: Social landlords ‘face £10bn bill to fix fire safety problems’: (2 March): https://www.theguardian.com/society/2020/mar/02/social-landlords-face-10bn-bill-to-fix- fire-safety-problems?CMP=Share_iOSApp_Other

Employment Law Podcast: Listen to ‘Alcohol at work: What do you need to consider for your policy?’ on Apple Podcasts: (28 February): https://podcasts.apple.com/gb/podcast/the-employment-law-hr-pod- cast/id909149940?i=1000466848384

Democracy Direct 9 March 2020

The Guardian: Redcar & Cleveland: Ransomware attack leaves council facing huge bill to restore services: (27 February): https://www.theguardian.com/technology/2020/feb/27/redcar-and-cleveland-council-hit- by-cyber-attack?CMP=Share_iOSApp_Other

IfG: Newsletter: (28 February): Rows with permanent secretaries and bust-ups with special advisers. Is something rot- ten in the heart of the Johnson administration or are these just the growing pains of a government in a hurry? We take an in-depth look on this week’s Inside Briefing pod- cast.

There will also be battles in the next phase of Brexit talks, with big differences between the EU’s and UK’s opening pitches. Expect disagreements over how the Northern Irish protocol will work in practice – a subject we will explore at an IfG event next week.

And as the build-up to Rishi Sunak’s first budget continues, we argue that the Office for Budget Responsibility should be defended, not undermined, by ministers – even if they find its forecasts frustrating. See links in text.

The Guardian: Storm damage leaves councils facing big cuts to pay for repairs: (28 February): https://www.theguardian.com/society/2020/feb/28/storm-damage-leaves-councils- facing-big-cuts-to-pay-for-repairs?CMP=Share_iOSApp_Other

11 KBW: CA considers knowledge test for inducing breach - What is a sufficient state of mind to make an employer liable in tort for inducing a breach of contract when it employs a person subject to post-termination restrictions arising from his previous employment? (28 February): https://employment11kbw.com/2020/02/28/ca-considers-knowledge-test-for-inducing- breach-what-is-a-sufficient-state-of-mind-to-make-an-employer-liable-in-tort-for- inducing-a-breach-of-contract-when-it-employs-a-person-subject-to-post-termi/

The Planner: Council acts over illegal waste at brickworks site: (27 February): https://www.theplanner.co.uk/news/council-acts-over-illegal-waste-at-brickworks-site

LGL: Local government lawyer salaries rise 3% but senior pay rises sharply: (28 February): https://www.localgovernmentlawyer.co.uk/marketplace/528-market-news/42925-local- government-lawyer-salaries-rise-3-but-senior-pay-rises-sharply

11 KBW: Homelessness: (28 February): https://local-government-law.11kbw.com/homelessness-14/

IfG: Podcast: Inside Briefing: (28 February): https://www.instituteforgovernment.org.uk/podcast

Democracy Direct 9 March 2020

Pinsents News: (28 February): https://updates.pinsentmasons.com/reaction/Link/Click?ct=55806C51D6E646E3C6D08 0E0B04EFF7EA4877EA1DF8618DA4BF365769

LGL: Housing case law update: February 2020: https://www.localgovernmentlawyer.co.uk/housing-law/315-housing-features/42887- housing-case-law-update-february-2020

LGL: Featured Article: Judges in their own cause: (28 February): https://www.localgovernmentlawyer.co.uk/planning/318-planning-features/42916- judges-in-their-own-cause

Devo.3: An Audit of Devolution Decision Makers’ and Opinion Formers’ Views for the UK2070 Commission: (27 February): Recent and increased political interest in English devolution has been welcome but it does not add up to a vision of a third wave of devolution. DevoConnect was therefore commissioned to undertake an audit of decision makers and opinion formers to review the strengths and weaknesses of the Metro Mayoral model of devolution and identify what in the long term more and better devolution looks like. https://devoconnect.co.uk/wp-content/uploads/2020/02/Devo-3.0-Report-Devoconnect- .pdf

Ipsos MORI Survey: (published 28 February):

Democracy Direct 9 March 2020

SELECTED OPEN CONSULTATIONS These are consultations that LLG will wish to make a response to. If you would like to be involved, please contact: [email protected]

Have your say on the Environment Bill - News from Parliament; (28 February): The Public Bill Committee is now able to receive written evidence. The sooner you send in your submission, the more time the Committee will have to take it into consideration. The Committee will meet for the first time on Tuesday 10 March 2020. It will stop receiving written evidence at the end of the Committee stage, which is expected to be not later than 5.00pm on Tuesday 5 May 2020. However, please note that when the Committee concludes its consideration of the Bill it is no longer able to receive written evidence and it can conclude earlier than the expected deadline of 5.00pm on Tuesday 5 May 2020. You are strongly advised to submit your written evidence as soon as possible. https://www.parliament.uk/business/news/2020/february/have-your-say-on-the- environment-bill/

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]