Democracy direct 21 October 2019

BREXIT FOCUS

Parliament: Brexit scenarios: What could happen after the European Council meeting? (14 October): Explainer: https://commonslibrary.parliament.uk/brexit/the-eu/brexit-scenarios-what-could-happen- after-the-european-council-meeting/ and see the infographic here: (enlarge to view);

European Union (Withdrawal Agreement) Bill 2019-20 - Commons Library briefing: (14 October); https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8686

No-deal Brexit: A guide to Commons Library research - Commons Library briefing: (11 October): https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8682

Commentary, News, Updates: LLG: Key Content: LLG Publishes Guidance on EU Exit Statutory Instruments with Local Government Impact: (27 September): https://s3.amazonaws.com/lawingov_production/system/redactor_assets/documents/22 61/EU_Exit_Statutory_Instrument_Guidance_LLG_2019_.pdf

IPPR: No-deal Brexit: The implications for labour and social rights: (14 October): https://www.ippr.org/research/publications/no-deal-brexit-implications-for-labour-and- social-rights

Hansard Society: Parliament and Brexit in Autumn 2019: a constitutional and procedural guide; (14 October): https://www.hansardsociety.org.uk/publications/brexit-guide-uk-constitution-procedure- house-of-commons-2019

Brexit: EU and UK agree to 'intensify' talks - BBC News: (11 October): https://www.bbc.co.uk/news/uk-politics-50016853

CTSI Brexit Think Tank Trading Standards Opportunities and Threats from the UK Withdrawal from the EU: (9 October): http://www.journaloftradingstandards.co.uk/wp- content/uploads/2018/11/CTSI_Brexit_Think_Tank_Full_Report.pdf

CABINET OFFICE Speech; Queen's Speech 2019: (14 October): Her Majesty’s most gracious speech to both Houses of Parliament. https://www.gov.uk/government/speeches/queens-speech-2019 and background briefing… https://www.gov.uk/government/publications/queens-speech-2019-background-briefing- notes

DEPARTMENT FOR ENVIRONMENT FOOD & RURAL AFFAIRS Press release; Government introduces ground-breaking Environment Bill (14 October); Government introduces landmark Bill to Parliament to tackle the biggest environmental priorities of our time. https://www.gov.uk/government/news/government-introduces-ground-breaking- environment-bill

HM LAND REGISTRY News story; Reminder: complying with a restriction; (9 October): Updates to practice guide 19 will take effect from April 2020. https://www.gov.uk/government/news/reminder-complying-with-a- restriction?utm_medium=email&utm_source=govdelivery&utm_term=

PLANNING INSPECTORATE Selected Planning Appeals:

Carbon-negative home ‘commendable but not innovative’

An inspector has blocked plans for a Passivhaus-standard eco-home in Norfolk that would remove more carbon dioxide from the atmosphere than it would produce, citing harm to views over an historic area of moorland. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3218706&CoID=0

HMO refusal partly based on assumptions about future occupants;

Plans to convert a vacant pub in a high crime area south of Manchester into a 12-bed- room HMO can go ahead. An inspector ruled that the council’s refusal of permission had been partly based on assumptions regarding future occupants. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3232621&CoID=0

Countryside business ‘starter units’ refused;

An inspector has blocked plans for five ‘B1 starter units’ in Hampshire despite the local parish council’s support for the scheme, citing conflict with local spatial policy. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3224995&CoID=0

95 homes approved with single access via cul-de-sac

An inspector has granted outline permission for a housing scheme in Bedfordshire that would be accessed via a single access road through an existing cul-de-sac, passing just 3.7 metres away from the main window of an existing home. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3224750&CoID=0

Honey production facility not permitted development;

Plans to build a ‘honey barn’ in Essex under permitted development rules have been blocked after an inspector ruled that while breeding of queen bees is an agricultural use, processing and jarring of honey is not. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3228806&CoID=0

Garage conversion for disabled son refused in green belt;

An Enfield homeowner’s plan to convert her detached garage into a residence for her disabled son has been blocked because an inspector ruled that the ‘very significant benefits’ it would bring were not very special circumstances. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3228774&CoID=0

Nail bars ‘just as appropriate as hairdressers’ in shopping areas;

An inspector has overruled local policy to allow a nail bar on an East London shopping street, ruling that nail bars, which are considered sui generis, are as ‘appropriate’ as hair salons, which fall under use class A1. https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3234593&CoID=0

HMCTS Guidance; Administrative Court judicial review guide: (14 October); Detailed legal guidance on bringing a judicial review case in the Administrative Court. The July 2019 edition reflects legislative and practice changes relevant to the Administrative Court over the last year. https://www.gov.uk/government/publications/administrative-court-judicial-review-guide

WELSH GOVERNMENT Review of arrangements for misconduct by Welsh local government senior officers announced: (8 October): On 7 October 2019, the Welsh Government made a written statement announcing a

review of the arrangements for dealing with alleged misconduct by senior officers within local government in Wales. The review is aimed at ensuring that the principles concerning officers' conduct remain fit-for-purpose. Its scope will include: - a comparison of the Welsh regime with regimes in other parts of the UK, and whether changes should be recommended for Wales (in view of these). The written statement identifies that in the mandatory requirement for a Designated Independent Person to be appointed was removed in 2015. the extent to which the current arrangements achieve the "right balance" between protecting officers from summary dismissal and the speed of the process. identifying improvements or alternatives, if any. The review is expected to conclude in early 2020. The local authority officer standards regime in Wales is established by, among other legislation, the Local Government Act 2000 and the Local Authorities (Standing Orders) (Wales) Regulations 2006 (SI 2006/1275). https://gov.wales/written-statement-review-arrangements-dealing-alleged-misconduct- senior-officers-within-local

CPFA CIPFA proposals to 'revolutionise financial reporting'; (9 October): The Chartered Institute of Public Finance and Accountancy (CIPFA) has floated the idea of scaling council financial reporting requirements depending on factors such as the size of the authority. Launching a set of discussion papers, the institute said it wanted to explore how financial reporting could be improved and whether accounts could be ‘made scalable through differential reporting frameworks’ https://www.cipfa.org/policy-and-guidance/technical-panels-and-boards/cipfa-lasaac- local-authority-code-board/ifrsbased-code-of-practice-on-local-authority-accounting-in- the-united-kingdom-the-code

ELECTORAL COMMISSION Petitions to recall MPs should mirror the secrecy of the ballot, finds new report | Electoral Commission; (10 October): https://www.electoralcommission.org.uk/petitions-recall-mps-should-mirror-secrecy- ballot-finds-new-report

SRA New Standards and Regulations;

Our new Standards and Regulations come into effect on 25 November 2019. Learn more about what their introduction means.

Webcast: The New Standards Regulations: https://youtu.be/TVqPpweSeEA

THE LAW SOCIETY Westminster Update: W/e 14 October; https://www.lawsociety.org.uk/news/blog/richard-miller-gives-evidence-to-public- accounts-committee/

City firms set for drinking crackdown | News | Law Gazette: (14 October): https://www.lawgazette.co.uk/news/city-firms-set-for-drinking- crackdown/5101790.article

Supporting wellbeing in the workplace: guidance for best practice (9 October): https://www.lawsociety.org.uk/support-services/advice/articles/supporting-wellbeing-in- the-workplace-guidance-for-best-practice/

Workplace surveillance and employment law; (11 October): https://www.lawsociety.org.uk/policy-campaigns/articles/workplace-surveillance-and- employment-law/

Professional Update: (11 October): http://emailcc.com/rv/ff00533c45af8b5614e72e292348bb7acdc77385?utm_source=con cepsend&utm_medium=email&utm_campaign=PU-2019-October-11

LOCAL GOVERNMENT AND SOCIAL CARE OMBUDSMAN Haringey and Islington councils criticised for how they recovered business rate debts; (17 October): The Local Government and Social Care Ombudsman has criticised two London councils for the way they tried to recover historic business rate debts. https://www.lgo.org.uk/information-centre/news/2019/oct/haringey-and-islington- councils-criticised-for-how-they-recovered-business-rate-debts

Salford woman left without proper support because council failed to reassess her; (10 October): A Salford woman with autism was left without proper support after the city council failed to review her care plan for more than five years, the Local Government and Social Care Ombudsman has found. https://www.lgo.org.uk/information-centre/news/2019/oct/salford-woman-left-without- proper-support-because-council-failed-to-reassess-her

Bexley Council failed to learn from previous school transport complaints; (10 October): https://www.lgo.org.uk/information-centre/news/2019/oct/bexley-council-failed-to-learn- from-previous-school-transport-complaints

Weekly Decision Updates: Planning: https://content.govdelivery.com/accounts/UKLGO/bulletins/26549ea Housing:

https://content.govdelivery.com/accounts/UKLGO/bulletins/26549d4 Adult Social Care: https://content.govdelivery.com/accounts/UKLGO/bulletins/26549d3

Children and Education: https://content.govdelivery.com/accounts/UKLGO/bulletins/26549e6 Benefits and Taxation: https://content.govdelivery.com/accounts/UKLGO/bulletins/26549cf

LOCAL GOVERNMENT ASSOCIATION 17 October: Kerbside waste and recycling collections LGA Improvement and Innovation Board Chairman Cllr Peter Fleming was interviewed live on BBC’s Rip Off Britain about councils’ kerbside waste collection and recycling practices and on the Government’s plans to standardise waste collection in England, which has been adopted in Wales. Cllr Fleming said that councils are doing significant work to improve recycling rates but that they “have to pick up whatever some manufacturers have made, and at the other end there has to be a market for those recyclables.” When asked why England couldn't adopt the Welsh model of standardised waste collection, he said that this wasn't possible in England “because the devolved Welsh government has paid councils huge amounts of money to bring in this new system and are fining councils that can’t.” BBC Rip Off Britain

Councils could get new powers to fine drivers Councils throughout England could be given powers to penalise motorists for offences such as stopping in yellow box junctions and making illegal turns. The Government is considering de- volving powers to councils outside London to crack down on a series of traffic infringements, as part of new measures to cut congestion levels, giving buses more freedom in towns and cities. The LGA has long campaigned for the responsibility for moving traffic offences to be devolved in England. Times p4, Mail Online

London fire chief calls for review of ‘stay put’ advice The London Fire Commissioner has indicated that firefighters still need guidance on what to do if a building is burning out of control and advice to “stay put” is no longer safe. Delivering an in- terim report into how the London fire brigade has responded since the Grenfell Tower tragedy claimed 72 lives, Dany Cotton said that a review of stay put policies was needed, admitting “con- siderable challenges” remained in moving away from the policy that is widely believed to have cost many lives. Guardian p14, Mail p35, Times p18, Telegraph p12, Express p15, Mirror p27

16 October: One in three councils using algorithms to make welfare decisions One in three councils are using computer algorithms to help make decisions about benefit claims and other welfare issues, despite evidence emerging that some of the systems are unreli- able. It comes as 140 councils out of 408 use these systems to provide automated guidance on benefit claims, prevent child abuse and allocate school places. However, concerns have been raised about privacy and data security, the ability of council officials to understand how some of the systems work, and the difficulty for people in challenging automated decisions. A LGA spokesperson said: “Good use of data can be hugely beneficial in helping councils make ser- vices more targeted and effective...But it is important to note that data is only ever used to in- form decisions and not make decisions for councils.” Guardian p20

Pavement parking The LGA’s call for all councils in England to be able to ban parking on pavements was refer- enced in a discussion on BBC Radio 4’s In Touch programme, in an interview with campaign group Living Streets chief executive Joe Irvin. BBC Radio 4’s In Touch programme

15 October: Queen’s Speech: Social care Pensioners have been promised dignity and security under plans to reform social care an- nounced in the Queen’s Speech. Boris Johnson said the new laws will “fix the crisis” in the social care system, although there was no timetable for when these would be introduced. A £1 billion cash injection next year in social care services with the option to raise an extra £500,000 through a two per cent increase in council tax bills was also confirmed in the Prime Minister’s legislative plans. Chairman of the LGA’s Community Wellbeing Board, Cllr Ian Hudspeth, said: “The announcement that the Government will finally bring forward proposals to reform adult so- cial care is something which the LGA has long been campaigning for, but we look forward to seeing the details.” Express p4, Mail p2

Queen’s Speech: Serious violence Proposals in the Queen’s Speech included a legal duty on public bodies “to prevent and reduce serious violence”. The LGA said that increased funding was needed to meet the proposed duty to prevent serious violence and make meaningful change following cuts to youth services and public health budgets. Independent p1

Queen’s Speech: New laws on crime, health and the environment The Government has set out “ambitious” policies on crime, health and the environment in the Queen’s Speech. Plans for tougher sentences for violent offenders, legal targets for cutting plas- tic pollution, the delayed Domestic Abuse Bill, and new regulations for covering high-rise resi- dential buildings in the wake of the Grenfell Tower fire were among 26 Bills set out at Parlia- ment’s State Opening. BBC Online, FT p2, i p1, Times p1, Telegraph p12, Mirror p4, Sun p8

Ofsted warns against home educating ‘simply to resolve difficulties in schools’ Children are being taken out of school to be home educated in as little as a day, according to an Ofsted report which says parents often see removing youngsters as the only option. Special ed- ucational needs, medical and behavioural reasons are among the main motives for pupils being moved out of schools, Ofsted says. Chair of the LGA’s Children and Young People Board, Cllr Judith Blake, said: “We believe that the vast majority of children with SEND would benefit from a mainstream education and are therefore pleased that Ofsted are raising awareness of this prac- tice. However inspectors should go further and consider levels of mainstream inclusion when grading a school, while mainstream schools should be incentivised and rewarded to provide a more inclusive education environment for children with SEND.” Mail p27, Guardian p6, Times p20

Environment Bill The Government will today enshrine environmental principles in law and set out a framework for improvements to air and water quality, as well as measures to cut plastic pollution. Alongside the Environment Bill, a new regulator - the Office of Environmental Protection - will be announced to enforce long-term targets. Sky News Online, BBC Online

14 October: Care home placements Some older people are being placed in care homes far away from their relatives. While councils are supposed to try to use local care homes even if they are more expensive than those further away, lawyers have said that tight budgets mean this often doesn’t happen. Cllr Ian Hudspeth, Chairman of the LGA’s Community Wellbeing Board, said: “Councils do all they can to make

sure their eligible care needs fit with their priorities. However, given the serious funding pres- sures facing adult social care, councils face incredibly difficult decisions.” Mail p24

Chancellor reveals date of next Budget The Chancellor Sajid Javid has said that the UK will hold its next Budget on 6 November – six days after the planned exit date from the EU. The Government has said that in the event of a no- deal Brexit, it would "act quickly" to announce emergency measures, and "take early action" to support the economy, businesses and households. This would be followed by a Budget in the following weeks. Sky News Online

Uncertainty over UK general election date increases organising costs Uncertainty over a general election date is increasing costs for organisers, with venues of choice for polling stations and counting centres booked for pre-Christmas events. Smaller venues may have to be found, meaning less room for workers and later declaration times. Guardian p8

Building on green belt is not delivering affordable homes, campaigners say A report by the Campaign to Protect Rural England has found that just one in 10 homes built on green belt land is deemed to be affordable. Analysis of advanced local plans has found that of 266,000 homes proposed to be built on undeveloped green belt land, only a third of these are likely to be classified as “affordable” according to local policies. The charity recommends coun- cils adopt a “brownfield first” policy when earmarking new areas to build homes. Telegraph p10

EHCPs Head teachers claim the education funding reforms in 2014 has led to a crisis where councils are being forced to move almost £400 million of their mainstream education budgets towards provision for children with special educational needs (SEND). There are 354,000 children and young people on education, health and care plans, which is up by 11 per cent in the past year alone, an increase of 250,000 since the reforms came into place. Times p4

Two to one adoption gap between children and parents Figures from the Adoption and Special Guardianship Leadership Board have shown that there are more than twice as many children waiting to be adopted as there are families willing to be adopted. There are 4,140 young people waiting to be adopted in England with only 1,700 fami- lies approved to give them a home. Guardian p20, Telegraph p2, i p7, Express p2, Mirror p16

LGA: Queen’s Speech Responses: (14 October): On the Day Full Briefing: https://www.local.gov.uk/sites/default/files/documents/Queen%27s%20Speech%20OT DB%20-%2014%20October%202019_0.pdf

Devolution: https://www.local.gov.uk/about/news/queens-speech-lga-responds-devolution-white- paper

Social Care: https://www.local.gov.uk/about/news/queens-speech-lga-responds-social-care- announcment

Environment Bill: https://www.local.gov.uk/about/news/queens-speech-lga-responds-environment-bill-0

Building Safety Bill: https://www.local.gov.uk/about/news/queens-speech-lga-responds-building-safety-bill

Publications: Tackling Anti-social Behaviour, 15 October 2019, London | Local Government Association: (16 October); Useful slides here. https://www.local.gov.uk/tackling-anti-social-behaviour-15-october-2019-london

Housing associations and councils working together to end homelessness; (9 October): https://www.local.gov.uk/sites/default/files/documents/5%2061%20Housing%20associa tions%20and%20local%20authorities%20working%20together_04_web.pdf

LOCAL GOVERNMENT INFORMATION UNIT LGiU Fortnightly 11th October – How are chief execs preparing for Brexit? (11 October); https://www.lgiu.org.uk/2019/10/11/lgiu-fortnightly-11th-october-how-are-chief-execs- preparing-for-brexit/

PARLIAMENT Regulations: The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2019 This Order amends the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014. The Employment Rights Act 1996 (the “1996 Act”) provides protection for workers who suffer a detriment or are dismissed as a result of blowing the whistle by making a qualifying disclosure within the meaning of section 43B of the 1996 Act in accordance with any of sections 43C to 43H of that Act. Section 43F of the 1996 Act provides that a qualifying disclosure will be protected if it is made to a prescribed person and relates to matters in respect of which that person is prescribed. The Schedule to the 2014 Order lists the prescribed persons and the matters in respect of which they are prescribed for the purposes of section 43F. http://www.legislation.gov.uk/uksi/2019/1341/contents/made

Committees: PAC: Consultation: Support for pupils with special educational needs and disabilities in England inquiry This inquiry will consider whether children with SEND are being supported effectively and the outcomes of that support; and the funding, spending and financial sustainability of SEND support. Closing Date: 28 October 2019 https://www.parliament.uk/business/committees/committees-a-z/commons- select/public-accounts-committee/inquiries/parliament-2017/support-for-pupils-with- special-educational-needs-and-disabilities-in-england-17-19/

PACAC: Government Response to the Committee’s 19th Report: Strategic Leadership in the Civil Service: Sustaining Self-Governance and Future Capability while Supporting the Government of the Day; (10 October): https://publications.parliament.uk/pa/cm201719/cmselect/cmpubadm/2687/2687.pdf

House of Lords: Newsletter: (11 October): https://mailchi.mp/parliament/state-opening-queens-speech-debate?e=6484a527bc

Publications: State Opening of Parliament: (14 October): The State Opening of Parliament marks the formal start of the parliamentary year and the Queen's Speech sets out the government’s agenda for the coming session, outlining proposed policies and legislation. It is the only regular occasion when the three constituent parts of Parliament – the Sovereign, the House of Lords and the House of Commons – meet. https://www.parliament.uk/stateopening

Statutory Homelessness in England - Commons Library briefing - UK Parliament; (7 October) https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN01164

CASES Employment Rights: Gilham (Appellant) v Ministry of Justice (Respondent) - The Supreme Court: () 16 October The issue in the appeal is whether a District Judge qualifies as a ‘worker’ or a ‘person in Crown employment’ for the purpose of the protection given to whistle-blowers under Part IVA of the Employment Rights Act 1996 (‘the 1996 Act’). If not, is this discrimina- tion against her in the enjoyment of her right to freedom of expression, protected by ar- ticle 14 taken with article 10 of the European Convention on Human Rights (ECHR)? https://www.supremecourt.uk/cases/docs/uksc-2018-0014-press-summary.pdf

Construction: TCC holds contractor issued valid payment notice under hybrid contract. C Spencer Ltd v MW High Tech Projects UK Ltd [2019] EWHC 2547 (TCC) (02 Oc- tober 2019) Jefford J has granted declaratory relief, finding that the contractor (MW) issued a valid payment notice under section 110A of the Housing Grants, and Regenera- tion Act 1996 (Construction Act 1996) https://www.bailii.org/ew/cases/EWHC/TCC/2019/2547.html

Privilege: Court of Appeal rules legal advice privilege survives dissolution and Crown disclaimer. Addlesee & Ors v Dentons Europe LLP [2019] EWCA Civ 1600 (02 October 2019) The Court of Appeal has held that legal advice privilege attaching to documents was not lost when the benefitting client (being a company) was dissolved. Further, even ifthose documents passed to the Crown as bona vacantia and the Crown subsequently disclaimed an interest in them, this would not have the effect of waiving or destroying the privilege in those documents. This decision places front, right and centre the public policy and public interest in the almost absolute and enduring status of legal advice

privilege, once established for a document. https://www.bailii.org/ew/cases/EWCA/Civ/2019/1600.html

Children: Dorset Council v A (Residential Placement: Lack of Resources) [2019] EWFC 62 (10 October 2019) A Family Court judge has published a judgment in relation to a 15-and-a-half-year-old girl to highlight the resource issues that local authorities face looking after young vulnerable people at risk of harm, describing the problems as “huge”. https://www.bailii.org/ew/cases/EWFC/HCJ/2019/62.html

Health & Safety: Sentencing Guidelines: Bupa Care Homes (BNH) Ltd, R v [2019] EWCA Crim 1691 (11 October 2019) Here, the Appellant was sentenced to pay a fine of £3 million having earlier pleaded guilty to an offence contrary to s 3(1) of the Health and Safety at Work, etc Act 1974 (the 1974 Act). The interest here is in the court’s approach to applying the sentencing guidelines; go to para 18 et seq https://www.bailii.org/ew/cases/EWCA/Crim/2019/1691.html

Housing Policy: SH, R (on the application of) v The London Borough of Waltham Forest [2019] EWHC 2618 (Admin) (11 October 2019) The claimant challenged two decisions of LBWF regarding the application of its housing policy on homelessness. First, the defendant's failure to comply with its duties under section 193 of the Housing Act 1996 ("Part 7 challenge"). Second, the failure of the defendant to permit the claimant entry to its housing allocation scheme ("Part 6 challenge"). At the outset of the hearing, the parties indicated that they had reached agreement on the second ground on the basis that the claimant would be placed on the housing allocation scheme backdated to 20 April 2015 and that part of the claim would be discontinued. https://www.bailii.org/ew/cases/EWHC/Admin/2019/2618.html

Party Rules & Suspension for Breach: Williamson MP v Formby [2019] EWHC 2639 (QB) (10 October 2019) On the face of it this is a case concerning inter alia the internal politics of the Labour Party…. But see the legal principles applied to the Party’s rules at para 23 et seq. See further on as to the lawfulness of the disciplinary action taken. https://www.bailii.org/ew/cases/EWHC/QB/2019/2639.html

Construction: Suspending release of funds from joint venture account was breach of contract (TCC) Doosan Enpure Ltd v Construction Ltd [2019] EWHC 2497 (TCC) (25 September 2019) Jefford J in the Technology and Construction Court (TCC) has granted declarations relating to payments under a joint venture agreement (JVA). Doosan Enpure Ltd (Doosan) and Interserve Construction Ltd (Interserve) entered into

a contractual joint venture to act as the contractor on an engineering project. They were engaged on the project under the NEC3 Engineering and Construction Contract (ECC), including Option C (Target contract with activity schedule) (the main contract). https://www.bailii.org/cgi- bin/format.cgi?doc=/ew/cases/EWHC/TCC/2019/2497.html&query=(Doosan)+AND+(En pure)+AND+(Ltd)+AND+(v)+AND+(Interserve)+AND+(Construction)+AND+(Ltd)+AND+ (.2019.)+AND+(EWHC)+AND+(2497)+AND+((TCC))+AND+((25)+AND+(September)+A ND+(2019))

DOL: Re D (A Child) [2019] UKSC 42 (26 September 2019) Consenting to the deprivation of liberty of a child aged 16 or 17 is not within the scope of parental responsibility (Supreme Court) The Supreme Court held (with a 3:2 majority) that providing consent for the deprivation of liberty (DOL) of a 16- or 17-year-old is not within the scope of parental responsibility (PR). Lady Hale, who delivered the main judgment, considered both the common law and cases decided by the European Court of Human Rights. https://www.supremecourt.uk/cases/docs/uksc-2018-0064-judgment.pdf

COP: R (CP) v North East Lincolnshire Council [2019] EWCA Civ 1614 (3 October 2019) The Court of Protection (COP) has approved Lincolnshire County Council's (council) decision not to facilitate P's access to sex workers and held that it was not in his interests to do so. P, whose diagnosis included moderate learning disabilities, autistic spectrum disorder and psychosis, resided in a supported living placement. He had previously been detained under section 3 of the Mental Health Act 1983 for seven years, initially in hospital and subsequently in various psychiatric facilities. https://www.matrixlaw.co.uk/wp-content/uploads/2019/10/CP-v-North-East-Lincolnshire- Council-Final-Judgement.pdf

Planning: Validity of permissions: Hillside Parks Ltd v Snowdonia National Park Authority [2019] EWHC 2587 (QB) (08 October 2019) A landowner is entitled to make, and a is required to deal with, any number of applications for planning permission to develop the same land, even if the proposed developments are inconsistent with one another. The facts of the present case concern the position where development carried out under one grant of planning permission is inconsistent with future development under another grant of planning permission in respect of the same land. https://www.bailii.org/ew/cases/EWHC/QB/2019/2587.html

Planning: section 288 Appeal: Satnam Millenium Ltd v Secretary of State for Housing, Communities and Local Government [2019] EWHC 2631 (Admin) (08 October 2019) Satnam Millenium Ltd, Satnam, was refused planning permission by Warrington Borough Council, WBC, for a development which was described as a new residential neighbourhood. It included up to 1200 dwellings, and other facilities appropriate to a neighbourhood. Satnam appealed against that refusal; the appeal was heard at a public

Inquiry over a number of days between April and July 2018, before a Planning Inspector. He reported to the Secretary of State for Housing, Communities and Local Government who, in a decision letter, DL, dated 20 December 2018, accepted the Inspector's conclusions and recommendation, and accordingly dismissed the appeal. This is an application under s288 Town and Country Planning Act 1990 by Satnam questioning the validity of that decision. It does so on four grounds: (1) the Secretary of State had misinterpreted or misapplied paragraph 11(d) of the National Planning Policy Framework, the Framework; (2) he had erred in law in his approach to whether the proposed development was deliverable; (3) he had erred in law in applying the criminal standard of proof to the assessment of traffic impact; (4) the decision was vitiated by the apparent bias of the Inspector shown in his conduct of the Inquiry and site visit. https://www.bailii.org/ew/cases/EWHC/Admin/2019/2631.html

Planning JR; Heritage Assets: Safe Rottingdean Ltd v Brighton And Hove City Council [2019] EWHC 2632 (Admin) (08 October 2019) A JR planning challenge concerning heritage assets and consideration inter alia of paragraph 193 of the National Planning Policy Framework, which deals with the weight to be given to the impact of development on designated heritage assets, ss 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990,; and s38(6) of the Planning and Compulsory Purchase Act 2004, https://www.bailii.org/ew/cases/EWHC/Admin/2019/2632.html

ARTICLES REPORTS PODCASTS AND VIDEO CLIPS LGL: Borough council fined £300k over fatal collision involving bus passenger: (16 October); https://www.localgovernmentlawyer.co.uk/regulatory-and-enforcement/406-regulatory- news/41676-borough-council-fined-300k-over-fatal-collision-involving-bus-passenger

BBC News: Voting: Could ID checks affect who participates in elections? (14 October); https://www.bbc.co.uk/news/uk-politics-50044539

The Guardian: Uncertainty over UK general election date hikes up organising costs: (14 October); https://www.theguardian.com/politics/2019/oct/14/uncertainty-over-uk-general-election- date-hikes-up-organising-costs

ClientEarth: ‘We're demanding urgent action on UK air pollution’; (21 October): https://www.clientearth.org/were-demanding-urgent-action-on-uk-air-pollution/

IFS: Spending Round 2019: keeping perspective - Institute for Fiscal Studies; (8 October): https://www.ifs.org.uk/publications/14424

TLT: Court of Appeal denies council's claim to community infrastructure levy; (9 October): https://www.tltsolicitors.com/insights-and-events/insight/court-of-appeal-denies-

councils-claim-to-community-infrastructure-levy/

The Guardian: Citizens' assemblies can fuel real climate action, but also hold danger for councils; (11 October): https://www.theguardian.com/society/2019/oct/11/citizens-assemblies-fuel-real-climate- action-but-danger-councils?CMP=Share_iOSApp_Other

Interim Relief - Local Government Law : (11 October): https://local-government-law.11kbw.com/interim-relief/

39 Essex Chambers publishes guidance for social workers on application of inherent jurisdiction of High Court to adults; (11 October): https://www.39essex.com/wp-content/uploads/2019/10/Mental-Capacity-Guidance- Note-Inherent-Jurisdiction-October-2019.pdf

LGL: Parish council in indefinite hiatus after all councillors resign over abusive calls and hate mail; (11 October); https://www.localgovernmentlawyer.co.uk/governance/396-governance-news/41654- parish-council-in-indefinite-hiatus-after-all-councillors-resign-over-abusive-calls-and- hate-mail

Law and Politics: A Reply to Reith Dame Frances Patterson Memorial Lecture 2019 Lady Hale, President of the UK Supreme Court 8 October 2019; https://www.supremecourt.uk/docs/speech-191008.pdf

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