Watchdog defends apparent discrepancies in fines for private and public sector data breaches – OUT-LAW.com

Posted April 30th, 2012 in data protection, fines, local government, news, ombudsmen by sally

“The UK’s data protection watchdog has defended its policy of issuing fines after newly released figures suggested private sector organisations are issued with disproportionately fewer fines than local Government ones.”

Full story

OUT-LAW.com, 27th April 2012

Source: www.out-law.com

A significant case in the family courts – LB Islington v Al Alas and Wray – Garden Court Family Law Blog

“The recent case of LB Islington v Al Alas and Wray, (where I was led by Ian Peddie QC [also of Garden Court Chambers] in representing the father, Rohan Wray) should have some pretty significant implications in cases involving alleged non-accidental injuries.”

Full story

Garden Court Family Law Blog, 23rd April 2012

Source: www.gcfamily.wordpress.com

Basingstoke loses Core Strategy and SHLAA High Court claim – OUT-LAW.com

Posted April 19th, 2012 in local government, news, planning by tracey

“The High Court has ruled that Basingstoke and Dean Borough Council was wrong to exclude 809 hectares of land from its potential housing allocation sites in its emerging Core Strategy.”

Full story

OUT-LAW.com, 18th April 2012

Source: www.out-law.com

Four Articles on Local Government Law – 11 KBW

Posted April 11th, 2012 in local government, news by sally

Local Government Law Update: 4 April (PDF)
Local Government Law Update: 2 April (PDF)
Local Government Law Update: 10 April (PDF)
Local Government Law Update: 10 April (PDF)

11 KBW, April 2012

Source: www.11kbw.com

New Planning Policy on Site Provision for Gypsies, Travellers and Travelling Showpeople – Garden Court Chambers Blog

Posted April 11th, 2012 in local government, news, planning, travellers by sally

“On 25 March 2012 the government issued its new planning policy on the provision of caravan sites for Gypsies and Travellers: Planning policy for traveller sites (‘PPFTS’). The policy document replaces both Circular 1/2006 Planning for Gypsy and Traveller Caravan Sites and Circular 04/2007 Planning for Travelling Showpeople and should be read in conjunction with the government’s National Planning Policy Framework (‘NPPF’) which was published on 27 March 2012. Both policy documents came into force on that date.”

Full story

Garden Court Chambers Blog, 11th April 2012

Source: www.gclaw.wordpress.com

Sunderland City Council v Brennan and others – WLR Daily

Posted April 5th, 2012 in appeals, equal pay, law reports, local government, sex discrimination by sally

Sunderland City Council v Brennan and others [2012] EWCA Civ 413; [2012] WLR (D) 113

“An employer had no defence to an equal pay claim where its reason for a differential in payment between female and male employees was that the male employees had attracted a bonus for productivity when at the material time the link between productivity and bonus had been broken.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

NHS reforms ‘will mean more litigation’ – Law Society’s Gazette

Posted April 5th, 2012 in health, local government, news by sally

“The government’s reforms to the NHS in England are set to cause a wave of legal difficulties for local authorities, solicitors were warned this week.”

Full story

Law Society’s Gazette, 5th April 2012

Source: www.lawgazette.co.uk

Details of names and roles of senior council officials involved in recruitment subject to disclosure under FOI, Tribunal rules – OUT-LAW.com

“Councils should be prepared to disclose the names of senior staff members involved in recruiting senior councillors or officials as well as details of the role they played in that recruitment, an Information Rights Tribunal has ruled.”

Full story

OUT-LAW.com, 4th April 2012

Source: www.out-law.com

“Reinvigorated” Right to Buy in force – OUT-LAW.com

Posted April 4th, 2012 in housing, local government, news, right to buy by sally

“The Government’s ‘reinvigorated’ Right to Buy scheme is now in force and will apply to social housing tenants, following a consultation at the end of last year.”

Full story

OUT-LAW.com, 3rd April 2012

Source: www.out-law.com

Three Articles on Local Government Law – 11 KBW

Posted April 3rd, 2012 in local government, news, public procurement by sally

Local Government Law Update: 28th March (PDF)
Local Government Law Update: 30th March (PDF)
Local Government Law Update: 2nd April (PDF)

11 KBW, April 2012

Source: www.11kbw.com

Public Sector Equality Duty: The Latest Guidance from the Equalities and Human Rights Commission – 11 KBW

Public Sector Equality Duty: The Latest Guidance fromthe Equalities and Human Rights Commission (PDF)

11 KBW, 28th March 2012

Source: www.11kbw.com

Are We Missing a Trick? Section 34 of the Children Act – An under-used application – Family Law Week

Posted April 2nd, 2012 in children, contact orders, families, local government, news by sally

“Julie Stather, barrister, of 42 Bedford Row examines the advantages to child, parents and local authority of using section 34 of the Children Act.”

Full story

Family Law Week, 31st March 2012

Source: www.familylawweek.com

Adoption: Ofsted report says courts are biggest cause of delay – BBC News

Posted April 2nd, 2012 in adoption, courts, delay, local government, news, social services by sally

“The most significant cause of delay for children needing adoption in England is the length of time taken by court proceedings, a report by Ofsted says.”

Full story

BBC News, 2nd April 2012

Source: www.bbc.co.uk

Council left with multi-million pound bill over pothole crash – Daily Telegraph

Posted March 30th, 2012 in accidents, compensation, local government, news, personal injuries, roads by tracey

“A council has been left with a multi-million pound compensation bill after a High Court judge ruled that it was responsible for causing a serious crash by failing to repair a pothole.”

Full story

Daily Telegraph, 29th March 2012

Source: www.telegraph.co.uk

Library Closures and the Public Sector Equality Duty: Libraries – 11 KBW

Posted March 22nd, 2012 in equality, libraries, local government, news by sally

“I [Elisabeth Laing QC] consider 6 topics in this paper
(1) the legislative framework
(2) the implied duty to assess need
(3) community groups
(4) Equality Impact Assessments (‘EIAs’) and libraries
(5) institutional arrangements
(6) the Localism Act 2011.”

Full story (PDF)

11 KBW, 22nd March 2012

Source: www.11kbw.com

Fortune and others v Wiltshire Council and another – WLR Daily

Posted March 22nd, 2012 in appeals, law reports, local government, rights of way, roads by sally

Fortune and others v Wiltshire Council and another [2012] EWCA Civ 334; [2012] WLR (D) 90

“Section 67(2)(b) of the Natural Environment and Rural Communities Act 2006, which provided that section 67(1), as to the ending of certain existing unrecorded public rights of way, did not apply where such a right of way was shown in a list of highways maintainable at public expense, as required to be kept by councils under section 36(6) of the Highways Act 1980, did not require that list to be fully complaint with section 36(6), rather the requirement was that such a list should exist.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Traveller loses appeal against flat – The Independent

Posted March 21st, 2012 in appeals, housing, local government, news, travellers by sally

“An Irish traveller forced to leave an illegal site failed to persuade senior judges today that a local authority should be obliged to re-home him in a caravan.”

Full story

The Independent, 21st March 2012

Source: www.independent.co.uk

Three Articles on Academies – 11 KBW

Posted March 19th, 2012 in education, local government, news by sally

Academies – Land Transfers (PDF)

The Staffing, SEN and Admissions Issues for Local Authorities of Academy Creation (PDF)

The Process for Opening a Free School (PDF)

11 KBW, 13th March 2012

Source: www.11kbw.com

Court of Appeal: Herefordshire Council’s use of planning report did not provide adequate reasons for grant – OUT-LAW.com

Posted March 13th, 2012 in appeals, local government, news, planning by sally

“A local authority should not have used a report recommending the refusal of planning permission as justification for allowing that planning permission, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 12th March 2012

Source: www.out-law.com

Two articles on Local Government Law – 11 KBW

Posted March 12th, 2012 in local government, news, rates, roads by sally

Local Government Law Update: 6th March (PDF)
Local Government Law Update: 8th March (PDF)

11 KBW, March 2012

Source: www.11kbw.com