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This page draws together all of the articles and features supplied by LexisNexis for publication on Public Law Today.

 

We also showcase other publications and resources that LexisNexis produces to support lawyers working in the public sector.

 Family Law Journal Title

 

 

 

 

 

Local Authority Update Winter 2017: removal of children under care orders: learning lessons again?

Emma Kendall, Barrister, St Philips Chambers

 

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 Lexis News and Features

Disposing of staff accommodation
LexisPSL Local Government, in partnership with Kevin Long of Hackney Community Law Centre, examine the issues raised when councils dispose of a dwelling house used as staff accommodation.
The right to rent and councils’ duties
Alice Richardson discusses with LexisPSL Local Government the first reported case to consider the relevance of the ‘right to rent’ provisions in the Immigration Act 2014 to assessments under section 17 of the Children Act 1989 where parents claim to be destitute.
Installing barriers on public highways
LexisPSL Local Government, in partnership with Laura Hughes of Browne Jacobson, deals with the question of the powers available to a local authority when installing gates or barriers on public highways.
Fit to practise?
Shazia Akhtar of Hardwicke Chambers discusses with LexisPSL Local Government a recent Court of Appeal ruling on a student's fitness to practise.
Duty bound
Alexander Campbell of Arden Chambers discusses on LexisPSL Local Government the interplay between housing duties and children’s services duties.
Carillion: implications for public contracts
With the number of Carillion’s contracts with the government running into hundreds, Ruth Murray analyses on LexisPSL the impact of Carillion’s collapse on its public contracts and outlines the next steps that authorities should take.
LiPS and McKenzie Friends - public law
LexisPSL Local Government analyses the key issues where litigants in person and McKenzie friends are involved in public law children cases.
Academies and DfE statutory guidance
Are academies legally obliged to comply with Department of Education statutory guidance? If so, what is the source of that obligation? LexisPSL Local Government reports.
Safeguarding and the Court of Protection
Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection. LexisPSL Local Government, in partnership with Alex Ruck Keene and Michelle Pratley both of 39 Essex Chambers and the Legal Action Group, set out the key considerations.
Supply chain sustainability
LexisPSL, in partnership with Simon Garbett, Ian Skinner and Sarah Rathke of Squire Patton Boggs, examine how authorities can ensure sustainable supply chains.
SENDIST and local authorities
LexisPSL Local Government, in partnership with Shazia Akhtar of Hardwicke Chambers, look at the role and procedures of the Special Educational Needs and Disability Tribunal, and set out the issues of which local authorities should be mindful.
Property held on trust and liability for council tax
If a property is held on trust, who has liability for council tax, the trustees or the beneficiary? LexisPSL Local Government team, in partnership with Kevin Long of Hackney Community Law Centre, consider the issue.
Managing public procurement claims in the TCC
HMCTS is due to issue guidance for lawyers bringing complex public procurement claims to the Technology and Construction Court. LexisPSL Public Law, in partnership with Will Thomas and Peter Ware, look at what the new protocol on public procurement cases will mean in practice.
Consortium bidding in public procurement
This LexisPSL Public Law analysis by Peter Ware and Jennifer Grigg of Browne Jacobson LLP examines the opportunities and risks of consortium bidding in public procurement.
The role of the Care Quality Commission
LexisNexis Local Government, in partnership with Tim Spencer-Lane, sets out the role, powers and functions of the Care Quality Commission (CQC).

Capacity to deal with land
LexisPSL Local Government, in partnership with Rebecca Sharpe of RJR Legal Ltd, examine the options where a legal owner lacks mental capacity to deal with land.

Errors in major procurement projects
In association with LexisNexis Public Law, Richard Hanstock considers the lessons from a high-profile dispute over the procurement of a contract to decommission nuclear facilities.
Section 20 CA and local authority duties
LexisPSL Local Government, in partnership with Claire Cousin of Emery Johnson Astills, provide a comprehensive guide to local authorities' duties under section 20 of the Children Act 1989.

The High Court upholds discriminatory housing allocations scheme
In partnership with LexisPSL Local Government, Alex Campbell, barrister at Arden Chambers, considers a recent case where a High Court judge considered a discriminatory housing allocations scheme.

Public complaints—introducing the draft Public Service Ombudsman Bill
In this interview with LexisPSL Public Law, Ros Foster, partner, and Patrick O’Connell, solicitor, at Browne Jacobson, outline the draft Public Service Ombudsman Bill recently laid in Parliament, which aims to introduce a Public Service Ombudsman (PSO) with improved access, structure and powers.

Consultants and contract specification
What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification? LexisPSL Public Law, in partnership with Peter Ware of Browne Jacobson LLP, explain.
Changes to the tender outcome
In this LexisPSL Public Law analysis, Fiona Scolding considers a recent case in relation to damages to be awarded on a procurement claim if the breach would have made a difference to the outcome of the tender.
Termination clauses and the PCR 2015
LexisPSL Local Government, in partnership with Mark Bassett of Dentons UKMEA LLP addresses the question of whether contracting authorities need to redraft their standard termination clauses for contracts subject to the Public Contracts Regulations 2015.
Defending a claim for judicial review
This LexisPSL Public Law checklist, produced in partnership with Stephen Hocking of DAC Beachcroft highlights the key steps and considerations for defending a judicial review claim.
Expanding the UK’s FOI regime
LexisPSL Public Law spoke to Adam Chapman, partner and head of public law at Kingsley Napley, about the potential expansion of the UK’s freedom of information (FOI) regime and explains that introducing certain measures—such as a ‘duty to document’—may be providing a solution to a problem that doesn’t actually exist.
Employment of local authority officers
LexisPSL Local Government, in partnership with Philip McCourt, provides a summary of the local government legal peculiarities involved in the appointment or dismissal of officers.
The meaning of 'ordinary residence'
LexisPSL Local Government, in partnership with Jonathan Auburn of 11KBW, discuss the meaning of and tests for ‘ordinary residence’.
Segregation of sexes in schools
What are the obligations of schools under the Equality Act 2010? Mark Blois, head of education at Browne Jacobson talks to LexisNexis about how a recent high-profile court case has made no change to the core obligations schools are under.
Standards of highways maintenance
This LexisPSL Local Government article, produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
Licensing committees
This LexisPSL Local Government article was produced in partnership with Walaiti Rathore of Fraser Browne and sets out the law and practice in relation to the duties and responsibilities of a licensing authority under the Licensing Act 2003.
Private deprivations of liberty
This LexisPSL Local Government article produced in partnership with Tim Spencer-Lane considers the concept of 'private' deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights, involving people who lack the material decision-making capacity.
Understanding freedom of information compliance monitoring
The Information Commissioner’s Office recently announced that Trafford Council will be monitored over the timeliness of its responses to freedom of information requests. Jeremy Isaacson, in discussion with LexisPSL Public Law, considers the background to this announcement and the various issues surrounding monitoring.
  Judicial review: key developments
The LexisPSL Public Law team provides a summary of key developments in judicial review and sets out some important dates for practitioners’ diaries.
  Dispute settlement and new tender procedures
LexisPSL Public Law analyses a ruling that the Public Sector Directive required a new tendering procedure to be carried out where the parties had made changes to the scope of a public contract, even though they were made pursuant to a settlement aimed at resolving difficulties that had arisen during performance of a complex project.
  Children and deprivation of liberty
This LexisPSL Local Government article, produced in partnership with Tim Spencer-Lane considers recent court decisions on whether a parent can consent to the confinement of their child which, absent a valid consent, would amount to a deprivation of liberty.
  Drafting threshold documents
LexisPSL Local Government in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council, explains how to draft a local authority threshold document in care proceedings.
  The pre-proceedings process
LexisPSL Local Government in partnership with Joy Hopkinson of London Borough of Lambeth Council explains the pre-proceeding process under the Public Law Outline (PLO) reforms to care proceedings.
  Reservation of public contracts
What is the interrelationship between regulations 20 and 77 of the Public Contract Regulations 2015? The LexisPSL Public Law team analyse the reservation of public contracts.
  Concession contracts procurement
LexisPSL Public Law in partnership with Walker Morris explain the new process for concession contracts procurement by contracting authorities and utilities under the Concession Contracts Regulations 2016, SI 2016/273.
  Education, health and care plans
LexisPSL Local Government, in partnership with Anita Chopra and Chris Barnett of Match Solicitors set out a checklist for moving children from statements to the new regime of education, health and care plans.
  Audits and auditors – England
In partnership with Stephen Sheen, the LexisPSL Local Government team highlights key features of external audit and internal audit in England.
  Unauthorised absence from school
What happens if a parent refuses to pay a penalty notice for their children's unauthorised absence from school? The LexisPSL Local Government team sets out the key points.
  Section 20 of the Children Act 1989
LexisPSL Local Government and Claire Cousin outline a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989, identifying the challenges a local authority may face including parental consent and capacity.
  Homelessness: the elderly and vulnerable
LexisPSL Local Government and Elizabeth England of 42 Bedford Row set out the duties owed by local authorities to those presenting as homeless, and the particular issues that affect elderly and vulnerable adults.
  15 years of the Human Rights Act
Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC talks to LexisNexis about the past, present and future.
 

The Care Act 2014 – six months on
Has the Care Act 2014 been successful since it came into force? Carolyn Hunnisett talks to LexisNexis about the positives and the negatives of a landmark piece of legislation.

  In theory: local authority data retention
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.
  Re-using public sector information
This Q&A from the LexisPSL Public Law team examines the key changes implemented by the Re-use of Public Sector Information Regulations 2015, which came into force from 18 July 2015, replacing the Re-use of Public Sector Information Regulations 2005.
  Comparing project management methodologies
LexisPSL Public Law and Andy Cooke of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile.
  Shared services: key issues
LexisPSL Local Government's Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.
  Top 3 property litigation Q&As
The LexisPSL Local Government Team regularly publishes Q&As on property litigation. Here are three of the most popular.
  Local authorities and health services
The LexisPSL Local Government Team and Ros Ashcroft examine local authority statutory functions with regard to the provision of health services.
  Costs for judicial review
LexisPSL Local Government and Morayo Fagborun Bennett set out key provisions in relation to costs for judicial review, covering protective costs orders (PCOs), interveners and costs capping.
 

The innovation partnership explained
The LexisPSL Local Government Team explain a new procedure created under The Public Contract Regulations 2015 – the innovation partnership procedure.

  RIPA Powers for Local Councils
There are three types of surveillance techniques available to local authorities under the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The LexisPSL Corporate Crime team set out how to use these powers correctly.
  Commencing Criminal Proceedings Correctly
All criminal cases begin in the magistrates' court however serious the offence. The LexisPSL Corporate Crime team set out the correct steps that need to be taken when commencing proceedings in these ways.
  Considering BYOD? Top Tips for Protecting Against Security Risks
This article from the LexisPSL IP&IT team focuses on the key considerations and potential risks an organization needs to evaluate when considering whether or not to permit BYOD.
 

International students: staying within the immigration rules
This article from the LexisPSL Immigration team outlines some of the main changes to the sponsorship regime for Tier 4 (General) and the issues that arose from them, as well as Home Office responses to more recent issues of concern regarding Tier 4 (General) sponsors.

 

The new Rule 36: path to change
Part 36 offers are powerful weapons in every litigator’s armoury. Here the LexisPSL Dispute Resolution team analyses the development of the Part 36 regime, some of the ‘bumps along the road’ and how the imminent April 2015 reforms seek to address these.

 

 

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Lexis Webinar ScreenProcurement following the repeal of the 2006 Regulations

 

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NLJ cover Not strictly liable?

Nicholas Dobson discusses the doctrine of vicarious liability & lessons from Armes.

The Supreme Court has found a local authority that acted without negligence to be vicariously liable for child abuse perpetrated by foster parents in the 1980s under child care legislation in force at material times. 

 

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Lexis All England Law Reports Key Cases 13halfpt

aerc36 allenglandreportsArmes v Nottinghamshire County Council [2017] UKSC 60

 

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consumer and trading standards Consumer and Trading Standards: Law and Practice 2018

An authoritative and comprehensive guide for everyone involved in consumer and trading standards law.

 

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