News Headlines
Jul 07, 2025
Supreme Court to hear case on ending of section 193 Housing Act duty
The Supreme Court has agreed to hear a dispute over whether a local authority’s duty to house homeless applicants under section 193 of the Housing Act 1996 ends by operation of law or whether the local authority is required to make a decision that the duty has ended.
Jul 07, 2025
Letter to Guardian from celebrities and others warns government against removing EHCPs
A letter sent to The Guardian signed by celebrities including Chris Packham, Sally Phillips and Jane Asher and more than 100 others has called on the Government not to remove the right to an Education, Health and Care Plan (EHCP) from children attending mainstream schools.
Jul 07, 2025
London borough leaves domestic abuse survivor street homeless for five weeks, Ombudsman finds
A man who escaped his abusive relatives was left street homeless for five weeks despite asking the London Borough of Waltham Forest for help, the Local Government and Social Care Ombudsman has concluded.
Jul 04, 2025
Court of Appeal allows appeal against BBC in open justice case
The Court of Appeal has allowed an appeal brought on behalf of two children against an order granting an application by the BBC for access to documents in care proceedings, and the partial variation of reporting restrictions on the basis that the open justice principle applied.
Jul 04, 2025
Court of Appeal allows liability claim against council over “dangerous” hole in grass verge
The Court of Appeal has upheld a man’s appeal against a judge’s decision to reject his claim for liability against Hertfordshire County Council in relation to a hole in a grass verge which caused him to fall off his bicycle.
Jul 03, 2025
New Hillsborough Law will include legal duty of candour, says Prime Minister
Sir Keir Starmer has told the House of Commons he is "fully committed" to bringing in legislation which would force public officials to tell the truth at major inquiries, with "criminal sanctions for those that refuse to comply", after concerns were raised that the government wanted to "water down"…
Jul 03, 2025
Social landlords should monitor hate crime incidents across homes and may need to work with other bodies to resolve ASB: Housing Ombudsman
In its latest ‘learning from severe maladministration’ report, the Housing Ombudsman has urged landlords to focus on hate incidents in antisocial behaviour (ASB).
Jul 03, 2025
Flying Pride Flag needs “advertising consent” says planning authority in Warwickshire row
A Progress Pride flag at the centre of a row between Reform UK and the chief executive of Warwickshire County Council had not been granted permission to be flown, the planning authority for Warwick has revealed.
Jul 03, 2025
MPs call for new commissioner to help curb council legal disputes over street works
The Transport Committee has suggested creating a commissioner for street works in an effort to avoid disputes between local authorities and utility companies going to court.
Jul 03, 2025
Government opens consultation on reformed Decent Homes Standard to include privately rented housing
The Ministry of Housing, Communities and Local Government has launched a consultation on plans to update the Decent Homes Standard, which currently only applies to social housing, to include privately rented housing.
Jul 03, 2025
Government to review local authority legislation and statutory duties in bid to reduce bureaucracy
The Government is set to deploy artificial intelligence to plough through some 20,000 pieces of legislation that apply to local authorities to see which remain necessary.
Jul 02, 2025
Renters Reform Bill to be delayed until Autumn: report
The Renters Rights Bill is likely to be delayed into the autumn because of a logjam of legislation.
Jul 02, 2025
Warwickshire Chief Exec defies Reform council leader's request to remove Pride flag
Warwickshire County Council’s chief executive refused a call from the ruling Reform UK party to remove the Pride flag from the shire hall.
Jul 02, 2025
Judge criticises claim against council in private dispute
An Ealing resident who used judicial review to ventilate “what is quintessentially a private law dispute between neighbours about actual or potential acts of trespass and alleged antisocial behaviour”, has lost her case over the construction of a parking crossover.
Jul 02, 2025
Parents to take legal action against council and charity over abuse of disabled children
The parents of children who were potentially abused by a Walsall paedophile are set to take legal action against Solihull Council and charity Social Life Opportunities (Solo), which provides organised activities for children with special educational needs.
Jul 02, 2025
Council backtracks on planning refusal at planning inquiry over five year housing land supply
A 95-home housing development has been approved after Peterborough City Council decided not to contest a planning appeal in light of new figures that showed the local authority did not have a five-year housing land supply.
Jul 02, 2025
“Deep-rooted reform” of asylum and care system for unaccompanied asylum-seeking children needed in capital: London Councils
A report commissioned by London Councils and the Association of London Directors of Children’s Services has called for “system-wide reform” and a “child-centred approach” to improve protection for children and young people seeking asylum in London.
Jul 02, 2025
First Tier Tribunal issues lifetime banning order for four landlords
West Northamptonshire Council has secured lifetime banning orders under the Housing and Planning Act 2016 for four landlords after a council investigation uncovered a rent-to-rent scheme.
Jul 02, 2025
Court of Appeal refuses permission to bring legal challenge against EHRC over consultation period
The Court of Appeal has refused to grant civil liberties organisation Liberty permission to bring a legal challenge against the Equality and Human Rights Commission (EHRC) over the lawfulness of its consultation on an updated Code of Practice for services, public functions and associations.
Jul 01, 2025
High Court overrules planning inspector over decorative shroud on listed building
A planning inspector erred in law by failing to explain why a scaffolding shroud should be allowed to stand for five years when even the applicant only wanted it there for six months, the High Court has ruled.
Jul 01, 2025
Building safety regulator faces shake-up in bid to improve performance
The Building Safety Regulator (BSR)will move from the Health & Safety Executive (HSE) into the Ministry of Housing, Communities and Local Government (MHCLG) under reforms building safety minister Alex Norris said would speed up reviews of proposed building and remediations.
Jul 01, 2025
Schools adjudicator overturns decision by council to close primary school citing “notable deficiencies” in statutory process
The Schools Adjudicator has overturned a decision by Lambeth Council to close a voluntary aided primary school, finding “notable deficiencies” in its decision-making process.
Jul 01, 2025
Borough council consults on creating new parish councils ahead of local government reorganisation
Epsom & Ewell Borough Council has launched a consultation on whether new parish council areas and councils should be established as part of a community governance review for the borough.
Jul 01, 2025
Pre-action protocol letter sent over plans for cycleway through nature reserve
Newcastle City Council is facing a judicial review challenge over its decision to approve a new footpath and cycleway to be built through a nature reserve.
Jul 01, 2025
Government issues draft guidance for “Awaab’s Law” set to come into force from October 2025
The government has published draft guidance on social landlords’ responsibilities under “Awaab’s Law” which will require social landlords to address emergency and damp and mould hazards that present a “significant risk of harm” to tenants in fixed timeframes.
Jul 01, 2025
Commuter who suffered serious injuries falling down gap between platform and Tube launches High Court claim against TfL
A woman who lost an arm and a leg in a tragic incident on the London Underground has launched a personal injury claim against Transport for London (TfL).
Jun 30, 2025
High Court injunction blocks unauthorised encampments at 12 sites
Rushmoor Council has secured an interim injunction prohibiting unauthorised encampments across 12 individual sites in the borough.
Jun 30, 2025
MHCLG civil servants start industrial action over return to office mandate
Union members in the Ministry of Housing, Communities and Local Government (MHCLG) have begun industrial action today (30 June) in protest against office closures and moves to make them work from the office.
Jun 30, 2025
Council wrongly withdrew woman’s care package without considering how her needs would be met pending sale of land, Ombudsman finds
The Local Government and Social Care Ombudsman has found fault with how Somerset Council withdrew an elderly woman’s care package without properly considering how her needs could be met until her land was sold.
Jun 30, 2025
Council wrongly decided man deprived himself of assets for purpose of reducing care fees, Ombudsman finds
An investigation by the Local Government and Social Care Ombudsman has found that a decision by Sheffield City Council that a man had deprived himself of assets for the purpose of reducing his care fees, was “not supported by all the available evidence”.
Jun 30, 2025
Half of all councillors have had untrue information about them published, LGA survey finds
Just over half of councillors (52%) have reported having untrue or misleading information about their political or personal conduct publicly published, a survey conducted by the Local Government Association (LGA) has found.
Jun 30, 2025
Permission granted for Court of Appeal hearing against Portland waste incinerator
Permission has been granted for a Court of Appeal hearing against a government decision to approve plans for a large waste incinerator on the Isle of Portland, which had initially been refused by Dorset Council.
Jun 27, 2025
Cabinet office launches 10-week Procurement Reform Consultation
The Cabinet Office has this week launched a ten-week public consultation on plans for further reforms to public procurement.
Jun 27, 2025
Figures showing “record breaking” demand for support spark renewed calls for government to write off SEND deficits
The County Councils Network (CCN) has described the SEND system as being in “desperate need of reform” after figures released by the Department for Education (DfE) show that more than 400 young people each day approached their council for special needs support last year.
Jun 27, 2025
Council told to apologise to private landlord after taking "too long" to apply to Court of Protection for permission to end woman's tenancy after she lost capacity
The Local Government and Social Care Ombudsman has upheld a complaint from a private landlord that the London Borough of Haringey took too long to end the tenancy of one of its tenants, who had lost the capacity to make that decision for herself, resulting in the landlord losing out on housing…
Jun 26, 2025
Six judges promoted to Court of Appeal
The appointment of six Lord and Lady Justices of Appeal has been approved.
Jun 26, 2025
Next Parliamentary and Health Service Ombudsman confirmed
Paula Sussex has become the Parliamentary and Health Service Ombudsman (PHSO), with effect from today (26 June 2025).
Jun 26, 2025
University names law firm as single service provider on £2.5m+ contract
Aston University has appointed law firm Pinsent Masons to a £2.5m-plus contract servicing all of its legal needs in the UK and overseas.
Jun 26, 2025
TfL to press ahead with pedicab regulation in London following consultation
A consultation on regulating pedicabs in London has shown “overwhelming support” for the move, Transport for London (TfL) has said.
Jun 26, 2025
Ombudsman issues guidance for councils on Disabled Facilities Grants
The Local Government and Social Care Ombudsman has issued guidance to officers in local councils to improve their practice when dealing with people who need housing adaptations, often through what are called ‘Disabled Facilities Grants’ (DFGs).
Jun 26, 2025
Judicial review over reorganisation of air ambulance services in Wales fails
The High Court has dismissed a judicial review claim against a decision by the NHS in Wales to restructure the deployment of its Emergency Medical Retrieval and Transfer Service (EMRTS).
Jun 26, 2025
London borough avoids contempt finding after completing works in disrepair case
The London Borough of Hackney has avoided the risk of contempt proceedings against its chief executive by carrying out disrepair works that were the subject of a court order with a penal notice.
Jun 26, 2025
Scope of expedited part 1 written representations process to be expanded to deal with wider range of planning appeals: Ministry
Under a new planning appeals process, the majority of written representation appeals will accept only the evidence put before the local planning authority during application, the Ministry of Housing, Communities and Local Government (MHCLG) has announced.
Jun 26, 2025
Government should tailor governance and audit requirements for small public bodies, says spending watchdog
Small government bodies find it challenging to comply with requirements on how they should be run effectively and find the preparation and audit of their annual reports and accounts “increasingly costly and time-consuming”, a National Audit Office report has revealed.
Jun 25, 2025
EHRC adds “clarification” to interim guidance on practical implications of Supreme Court judgment on definition of sex in Equality Act
The Equality and Human Rights Commission (EHRC) has added a point of “clarification” to its interim update on the practical implications of the Supreme Court’s judgment on the definition of sex in the Equality Act 2010, in relation to the provision of single sex toilets in the workplace.
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June 18, 2025
Producing robust capacity assessments and the approaches to assessing capacity
Lynette Wallace looks at the lessons from a recent Court of Protection ruling on capacity.
May 22, 2025
Disability discrimination and proportionality in housing management
The High Court recently upheld a possession order against a tenant who is a hoarder, rejecting a submission that the first instance judge's conclusion that the social landlord had acted proportionately was wrong. John Murray sets out the lessons from the case.
May 21, 2025
Cross-border deprivation of liberty
A senior Court of Protection judge recently rejected an application by a Scottish local authority for recognition and enforcement of a guardianship order made in Scotland. The Court of Protection team at 39 Essex Chambers analyse the ruling.
May 21, 2025
Dealing with unexplained deaths and inquests
Narin Masera sets out some key considerations for local authorities when dealing with an unexpected death.
May 21, 2025
Court of Protection case update: May 2025
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
Features
Features
July 03, 2025
IPA guidance 2025: Managing PFI distress and preparing for expiry
Aanya Gujral and David Owens dive into the recent guidance published on managing the risks associated with Private Finance Initiative (“PFI”) projects.
Jul 03, 2025
What might the public inquiry on child sexual exploitation look like
With the recent announcement that there will now be a national public inquiry into child sexual exploitation (CSE) Stephanie McGarry and Sarah Erwin-Jones look at what this means for those likely to be become involved and what Baroness Casey had to say in her recently published review into CSE.
Jul 03, 2025
Data (Use and Access) Act – Updating Data Protection Law and more
On the 19th June 2025, the Data Use and Access Bill (“DUA Bill”) received Royal Assent to become the Data Use and Access Act 2025 (“DUA Act”).
Jul 03, 2025
High Court Dismisses Challenge to New Super Prison
The High Court has refused permission to challenge the Secretary of State's decision to grant planning permission for so called 'super prison' on Green Belt land near HMP Garth and HMP Wymott in Lancashire.
Jul 03, 2025
AI, copyright and LLMs
What are the copyright and confidentiality issues arising from use of public and private Large Language Models (LLMs)? Justin Harrington explains.
Jul 03, 2025
Automatic suspensions and the public interest
Tim Care provides a summary of the recent case of Unipart Group Ltd v Supply Chain Coordination Ltd [2025], and assesses its impact upon the application of the Public Contract Regulations 2015 (PCR 2015).
Jul 03, 2025
FOI and communication
The Upper Tribunal recently considered the meaning of ‘reasonably practicable’ in s11 of the Freedom of Information Act. Jonathan Dixey analyses the ruling.
Webinars
Whistleblowing: Detriment and Dismissal Cases
In the second session of our Autumn/Winter Employment Series, Nick Bidnell-Edwards and Safia Tharoo provide a concise review of whistleblowing law for detriment and dismissal claims, including recent developments, followed by practical tips on how to bring and to defend the claims.
Webinars
Avoiding local government failure – the changes needed by the sector to safeguard against failure
In the final episode in our three-part series looking into local government governance, Partners Amardeep Gill and Scott Dorling conclude their conversation with Professor Catherine Staite, Professor of Public Management at the University of Birmingham, by discussing the changes that need to happen in order to better protect the sector from future failures.
Webinars
Data Protection Essentials
The Hugh James team provide a guide of need-to-know information about the field of Data Protection law.
Sponsored articles
What is the role of the National Trading Standards Estate & Letting Agency Team in assisting enforcement authorities?
Robert Brown, Principal Solicitor at Powys County Council, recalls joining the National Trading Standards Estate & Letting Agency Team (NTSELAT) and explains how the team can help legal officers in enforcing their council's statutory duties.
SPONSORED
Unlocking legal talent
Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.
How hair strand testing should be instructed for family court proceedings
For years, FTS, a drug, alcohol and DNA lab in Yorkshire, has been advocating for an end to the use of Society of Hair Testing (SoHT) cut-off levels in the family courts, writes Paul Hackett (Sponsored Editorial)
Webinars
Property Nuts and Bolts – Part 4 – Boundary disputes - Landmark Chambers
This event is part of Landmark Chamber's popular Property Law Nuts & Bolt webinar series.
Webinars
Is Omeprazole the new EDS?
Innocent explanations for allegations of inflicted or non-accidental injury: Tina and Kate discuss the dark corners of medicine, science, the unknown unknowns and the wider canvas.
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Understanding the key staffing issues in Local Government Reorganisation
Sarah Lamont sets out some of the main employment considerations arising out of the Government’s plans for local government reorganisation.
Employees and social media posts: the Court of Appeal in Higgs v Farmor’s School
The Court of Appeal recently ruled that a school worker’s dismissal for gender-critical social media posts was discriminatory. Luke Green and Emma Ahmed set out some key learning points from the case.
TUPE transfers: I object! Yes, but why?
Hannah Bollard provides some practical tips for employers on how to deal with cases where an employee objects to being transferred under TUPE.
Protected beliefs and the Equality Act 2010
An employment tribunal recently ruled that belief in the ability to predict the future is not protected, but, asks Jackie Morris, should we have seen that coming?
A widening of worker status?
Charlotte Tosti analyses a landmark case in the Employment Tribunal over the question of whether foster carers are “workers” and can bring claims in the employment tribunal.
Work-related stress: a key issue for employers
Debra Gers looks at the support employers can provide in relation to work-related stress.
Engaging with all allegations
In a recent case, the Employment Appeal Tribunal (EAT) has highlighted the importance of addressing all issues identified in a list of issues, including those not originally pleaded, writes Michael Halsey.
Comments about accents
The Employment Appeal Tribunal (EAT) has ruled that comments about an employee's accent can amount to race-related harassment under the Equality Act 2010, even without evidence of discriminatory intent. Alastair Fatemi analyses the judgment.
Raising new substantive arguments at appeal stage
The Employment Appeal Tribunal (EAT) has ruled in a case involving a local authority that it would not be in the interests of justice to allow a claimant to raise a new argument on appeal, despite acknowledging an error in the Tribunal’s decision. Gareth Edwards explains why.
LGPS fund management reforms
The Government has announced the creation of pension ‘megafunds’. Mark Radford looks at the key points.
Fire and re-hire: increased protective awards
The Government has revived a draft order on increased protective awards for failures to follow the statutory Code of Practice. Georgia Blesson looks at what this means for employers.
Whistleblowing: Detriment and Dismissal Cases
In the second session of our Autumn/Winter Employment Series, Nick Bidnell-Edwards and Safia Tharoo provide a concise review of whistleblowing law for detriment and dismissal claims, including recent developments, followed by practical tips on how to bring and to defend the claims.
Wiping the slate clean - tips and tactics on how best to achieve settlement in the ET
In this webinar Nick Singer and Karolina Zielinska consider how to get the most out of negotiation and judicial mediation for your clients. Given the ever-increasing cost and stress associated with Tribunal proceedings, settlement firmly remains an attractive option when considering how best to resolve a claim for claimants and respondents alike.
Disability-related absences and dismissal
Should dismissals for disability-related absences be pleaded as direct discrimination? Robin Pickard examines a recent Employment Appeal Tribunal case involving a local authority.
The Employment Rights Bill 2024 – What’s in, What’s out, and What’s next
Louise Singh, Suzanne Nulty and Ben Daniel break down the key points from Labour's flagship Employment Rights Bill.
USDAW v Tesco: the end of fire and rehire?
Benjamin Gray looks at the lessons to be learned from the Supreme Court's recent consideration of a "fire and rehire" case.
Procedural steps not taken by employee irrelevant to constructive dismissal claim
An employee’s failure to fully complete every step of an internal grievance process will not impact their right to claim constructive dismissal, according to the recent ruling by the Employment Appeal Tribunal (EAT) involving a local authority. Sharmin Chowdhury analyses the judgment.
Positive action v positive discrimination: how to avoid crossing the (thin blue) line
To what extent can employers appoint or promote someone because they have a protected characteristic that is under-represented in their organisation? Jo Moseley analyses a recent Employment Tribunal ruling involving a police force.
What next for employment law?
Hanna Davies looks at the Labour Government’s plans for overhauling employment law.
The strategic importance of maintaining a positive workplace culture
Gareth Edwards recently reported on the upcoming new mandatory duty to take reasonable steps to prevent sexual harassment in the workplace, which is due to come into force on 26 October 2024. In this follow-up piece, he discusses how the new sexual harassment law highlights the strategic value of maintaining a positive workplace culture.
The new law on sexual harassment in the workplace: what is it and why does it matter?
From 26 October 2024, employers will be under a new legal duty to take reasonable steps to prevent the sexual harassment of staff at work. Gareth Edwards takes a closer look at the background of the new law and what it will mean in practice.
Job fraud on the rise: the new recruitment challenge
Laura Hayward looks at the challenges faced by employers and recruitment agencies in managing situations where employees try to work more than one full-time job concurrently.
Local authority employers - What's in a name?
Mispronouncing someone’s name can have significant implications, as shown by a recent Tribunal ruling, writes Sarah Harnett.
Workplace investigations demystified
Jenny Arrowsmith and Jake Marshall set out ten lessons from the tribunals when it comes to the conduct of workplace investigations.
Restructure and redundancy
Christian Grierson provides a refresher on the key principles around restructuring and redundancy.
Equal pay: the material factor defence
A fire and rescue service has successfully defended an equal pay claim even though the claimant and comparators were engaged in 'like work' for the period of the claim. Jessica Scott-Dye analyses the case.
Changes to the code of practice on fire and re-hire
Following last year’s consultation, the Government has published an updated draft statutory code of practice on ‘fire and re-hire’. Michael Halsey looks at the key changes.
Outsourcing the problem: equal pay and local authority trading companies
Doug Mullen looks at the complex issues around equal pay that arise with local authority trading companies.
The top five employment cases that will shape 2024
Rebecca Denvers identifies the cases which will have a big impact on employment law and HR policies and practices over the next 12 months.
Expressing lawful views at work
Should employees be able to express their lawful views at work? Jo Moseley examines a case where Acas got into murky waters.
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Local authority constitutions and the right of councillors to vote
The Supreme Court has handed down a landmark ruling on the lawfulness of a provision in a local authority's constitution which restricted voting by members on deferred applications for planning permission to those who had been present at the meeting or meetings at which the application had previously been considered. Philip McCourt set out the key points from the judgment.
Thinking ahead
Philip McCourt and Kirtpal Kaur Aujla comment on the contractual and commercial tasks ahead for local government reorganisation.
Understanding the Local Authorities (Functions and Responsibilities) (England) Regulations 2000
Ella Royle and Richard Barlow examine the role played by The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 in governance in local government.
Approaching the pre-election period
Ahead of the May 2025 elections, Geoff Wild provides guidance for officers and members on the "dos and don'ts" during the pre-election period (‘‘purdah’).
AI in Local Government
Ibrahim Hasan looks at the legal issues that must be navigated around the use of AI in local government.
Raising the standard - or a missed opportunity?
Matt Lewin reflects on the Government’s consultation on reforms to the standards and conduct framework.
Navigating the devolution revolution: A guide for local authorities
Since the English Devolution White Paper was published in December 2024, the first tranche of councils have taken initial steps towards local government reorganisation. Laura Hughes explains what has happened so far and what all local authorities need to be considering.
Disqualification as an elected member
Geoff Wild provides a timely update on what disqualifies someone from being an elected member.
Five challenges facing local government in 2025
Local government is facing a complex and shifting operational landscape, shaped by ongoing budgetary pressures, ambitious policy objectives, and new legislative frameworks. Lawyers from the Government & Public Services team at TLT identify their top five challenges for 2025 and offer some thoughts on the best approach to tackling them.
Member and officer indemnities
Geoff Wild sets out the key considerations when it comes to member and officer indemnities.
A strengthening of the member conduct regime in England?
Simon Goacher sets out the key findings we can take from the government's published consultation.
The White Paper – new organisations and new rule books to come
In the second in a series of articles on the English Devolution White Paper, Philip McCourt looks at the establishment of new councils and the drafting of their constitutions.
Navigating the future: A consultative approach to local government funding reform
Peter Ware considers the Government’s proposed approach to local authority funding reform through the local government finance settlement from 2026-27.
‘All hail the Mayor’
Philip McCourt sets out some key considerations arising out of the English Devolution White Paper.
Devolution: the opportunities and the challenges
The Government’s proposals for reorganisation of local authorities in England are broadly welcome, writes Simon Goacher.
Bold ambitions
Amardeep Gill and Paul McDermott analyse the government’s English Devolution White Paper.
Mind the gap(s)
Lottie Winson speaks with the Local Government and Social Care Ombudsman, Amerdeep Somal, about her plans to address “accountability gaps”, challenges within the Special Educational Needs and Disabilities (SEND) system, and the key findings and recommendations of the Ombudsman’s recently published Triennial Review.
Complying with the Public Sector Equality Duty
In his latest bulletin for monitoring officers, Geoff Wild looks at how local authorities should approach the public sector equality duty.
Changes in death certification
V. Charles Ward examines recent changes to death certification following the statutory adoption of the medical examiner system, and outlines their implications for local authorities.
A new code of conduct for directors
Peter Ware examines how the Institute of Directors’ new code of conduct for directors might be useful for local authority companies.
How virtual meetings are shaping local democracy
A clear legislative framework in relation to virtual meetings will help ensure clarity and fairness, writes Ed Hammond.
Addressing the challenges and opportunities in local government reform
It seems increasingly clear that the Government will propose a major overhaul of local government. Amardeep Gill looks at the potential changes and sets out some key considerations.
The public law duty to consult
In his latest article, Geoff Wild considers the key aspects of the public law duty to consult.
Government Legal Risk Matrix updated
Alexander Rose, Colin Murray and Jonathan Branton examine the recent changes made to the Government Legal Risk Matrix.
Proposed Law Commission reforms to free up grave space
The Law Commission is seeking to reform the law of burial in England and Wales, which it says is “piecemeal, complex and outdated”. V. Charles Ward looks at the background to the proposals ad whether they go far enough.
From asylum seeker to monitoring officer
Former Corporate Director and Monitoring Officer of Brighton and Hove City Council Abraham Ghebre-Ghiorghis speaks to Lottie Winson about his 37-year career at the authority, his role as the “conscience of the organisation”, and his journey into law as an asylum seeker from Eritrea.
Members' interests, bias and pre-determination
In his latest article Geoff Wild seeks to clarify when it is appropriate for members to declare interests (and when it is not) and what the consequences are of doing so.
Disclosure of confidential information
Geoff Wild looks at the receipt of confidential information by members and the issues around its potential disclosure.
The future of devolution under Labour
Amardeep Gill and Louise Kavanagh consider the future of devolution under Labour, and specifically what this could mean for regions within England.
From the Twin Pillars to the Golden Triangle – a balancing of the powers
In a recent article Paul Feild expressed concern that the LLG, CIPFA and Solace’s 2024 Code of Practice on Good Governance for Local Authority Statutory Officers places onerous obligations on the Monitoring Officer without consideration as to how they might deal with them. Philip McCourt, who drafted the Code, responds to those concerns and says its publication presents an opportunity to lobby for structural change.
More features
Practical tips for DSARs
Vicky Bowles looks at how local authorities can reduce the burden of handling data subject access requests.
Data protection prosecutions and employer liability
Ibrahim Hasan considers the prosecution of employees for data protection offences and the potential liability of their employers.
The public sector and compliance with GDPR
The Information Commissioner’s Office has announced a review of its enforcement approach when it comes to the public sector’s compliance with GDPR. Ibrahim Hasan sets out the background to the announcement.
Facial recognition in schools
The Information Commissioner’s Office recently reprimanded a school for using facial recognition technology without carrying out a data protection impact assessment. Ibrahim Hasan looks at the ICO’s decision.
The King’s Speech: What now for AI regulation and Data Protection reform?
Ibrahim Hasan assesses the Labour Government’s proposed reforms in the AI and data protection fields.
Disclosure of information and immunity from suit
A High Court judge recently allowed an appeal against the striking out of a claim against a police force and the CPS which had claimed immunity from suit. Jon Baines explains why.
Processing biometric data: key considerations for your organisation
Laura Cook and Melanie Carter consider the Information Commissioner's Office’s (ICO’s) recent enforcement notice, issued against Serco Leisure, and its newly published guidance on the use of biometric data.
AI Regulation and the EU AI Act
2024 is going to be the year of AI regulation. As the impact of AI increases in our daily lives, governments and regulatory bodies globally are grappling with the need to establish clear guidelines and standards for its responsible use. Ibrahim Hasan looks at the latest developments.
Body worn camera footage
Ibrahim Hasan looks at the issues raised police misuse of body worn camera footage.
Delo: clarity on ICO complaints
In October last year, the Court of Appeal handed down a ruling providing some helpful clarity on the Information Commissioner’s responsibilities vis-á-vis the handling of complaints lodged by data subjects, writes Lucy Jones.
ICO guidance on monitoring workers: what do employers need to know?
The Information Commissioner’s Office (ICO) has published new guidance for employers on monitoring workers. This includes some useful commentary on lawful monitoring in the context of recent developments to working practices, including the rise in homeworking and the increased use of more advanced monitoring technology in the workplace, write Rachel Barnet and Hannah Pettit.
FOIA and aggregation of exemptions
“Exemption means Exemption” doesn’t cut it for the Court of Appeal: aggregation of exemptions is permitted under the Freedom of Information Act (FOIA). Ben Mitchell analyses a significant ruling.
The Information Commissioner's discretion to determine complaints
Philip Coppel KC sets out the key findings from a Court of Appeal ruling on the UK Information Commissioner's responsibilities when a data subject lodges a complaint that a data controller has infringed data protection law.
FOI backlogs at the forefront
FOI enforcement is a priority for the Information Commissioners Office. Ben Pumphrey and Alastair Turnbull examine the core duties of public bodies and the exemptions that exist.
Another day, another police data breach
Ibrahim Hasan looks at the lessons to be learned from the latest data breach involving a police force.
Beware misusing personal data
A claimant recently won a High Court damages claim against a London borough for misuse of personal data, with the council ordered to pay £6,000 in damages. Ibrahim Hasan explains why.
Operating CCTV lawfully
A county court judge has ruled that Islington Council’s operated its CCTV system lawfully. Sam Fowles explains why.
International data transfers
An international transfers breach has resulted in a record GDPR fine for Meta. Ibrahim Hasan explains why.
GDPR compensation claims: no threshold of seriousness
Robin Hopkins looks at an Austrian case that considered whether there was a threshold of seriousness for entitlement to compensation for data protection infringements.
Experian’s GDPR appeal: lawfulness, fairness, and transparency
Ibrahim Hasan looks at the lessons to be learned from Experian’s successful appeal against an enforcement notice issued by the Information Commissioner’s Office.
The new DP Reform Bill: what’s changed?
Ibraham Hasan looks at the Government’s latest version of proposed legislation in relation to data protection.
Rogue employees and personal data
Ibrahim Hasan looks at the Information Commissioner’s Office (ICO) approach to individuals who seek to access/steal data from their employers for personal gain, and the implications for those employers.
GDPR and AI: The Rise of the Machines
Ibrahim Hasan looks at the practical steps public sector organisations can take to ensure they are using AI lawfully from a data protection perspective.
ICO reprimand for misuse of children’s data: a proportionate response or a let off?
Last week, the Department for Education received a formal reprimand from the Information Commissioner’s Office (ICO) over a “serious breach” of the GDPR involving the unauthorised sharing of up to 28 million children’s personal data. But the Department has avoided a fine, despite a finding of “woeful” data protection practices. Ibrahim Hasan reports.
Subject access requests, delays and claims
Sarah Temperley explains how two ‘SAR claims’ were recently dealt with on behalf of different local authorities.
Subject access requests and delays
The Information Commissioner’s Officer recently took action against a range of public bodies over subject access delays. Ibrahim Hasan looks at the watchdog’s approach.
Damages for Data Protection Act breaches
The High Court has recently awarded £250 for a DPA breach at the “lowest end of spectrum”. Robin Hopkins analyses the ruling.
Cybercrime in the public sector — it’s time to pay more attention
Paul Wainwright explores recent experience and seeks to navigate through the latest Government policy reviews around cybercrime and offer some insight into the way public sector organisations should be thinking when addressing these issues.
Local authority companies and FOIA
Are local authority companies subject to the Freedom of Information Act 2000? Ikra Saghir examines the position.
The Data Protection and Digital Information Bill: A new UK GDPR?
In July the Government published the Data Protection and Digital Information Bill, the next step in its much publicised plans to reform the UK Data Protection regime following Brexit. Ibrahim Hasan sets out the key changes.
More features
Provision of same-sex intimate care
A recent judicial review decision found that there is no duty to provide same-sex intimate care. Ros Foster examines the case.
Court of Protection case update: April 2025
Niamh Brennan rounds up the latest Court of Protection rulings of interest to practitioners.
High Court guidance on Article 3 engagement in care at home cases
David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.
‘Stitch’, capacity and complexity
Alex Ruck Keene KC (Hon) examines a High Court judge’s masterclass in capacity determination.
Issuing proceedings in best interests cases
Katie Viggers, Mark Barnett and Hannah Khan set out four key takeaways for Integrated Care Boards from a recent case where a senior judge stressed the “crucial significance” of issuing proceedings promptly in a best interests case.
Court of Protection case law update: March 2025
Sarah Hutchinson analyses two recent Court of Protection rulings of interest to practitioners.
The Health and Social Care (Wales) Bill Series – Regulation and Inspection of Social Care
How does the Welsh Government intend to reform the regulation and inspection of social care in Wales? Luke Williams and Eve Piffaretti look at the latest developments.
The Health and Social Care (Wales) Bill Series – Direct Payments for NHS Continuing Healthcare
Will individuals in receipt of NHS Continuing Healthcare soon be able to opt for Direct Payments? Eve Piffaretti and Luke Williams set out the Welsh Government’s proposals.
What is the right approach to Care Act assessments?
The High Court has provided guidance on the five stages of a Care Act assessment and on the meaning of accommodation-related care and support needs. David Lawson and Katherine Hampshire analyse six key points arising from the judgment.
Disabled people in immigration bail: the duties of the Home Office and local authorities
The High Court has ruled that the Home Office has been systemically failing to provide safe and suitable accommodation to disabled applicants, and has given guidance on the interaction between Schedule 10 accommodation and the Care Act 2014. Stephanie Harrison KC, Nadia O’Mara and Isaac Ricca-Richardson analyse its findings.
Capacity, insight and professional cultures
Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.
Court of Protection update: February 2025
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
Setting care home fees
The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.
Could this be the end for local authority-provided residential care?
Mike Clifford discusses the trend of local authorities selling or closing their residential care facilities and what it means for the future of adult social care.
“On a DoLS”
Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
It’s all about the care plan
A couple of recent Court of Protection cases illustrate two key themes, writes Sarah Erwin-Jones. They are that the care plan is king – get that clear first, and that openness, transparency and compliance with court directions is essential for local authorities.
Court of Protection case update: January 2025
Sarah Hutchinson rounds up the latest Court of Protection judgments of interest to practitioners.
Mental capacity and expert evidence
The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.
Best interests, wishes and feelings
Alex Ruck Keene KC (Hon) looks at a recent Court of Protection ruling that provided a worked example in an imperfect world.
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Alex Ruck Keene KC (Hon) analyses the latest Court of Appeal judgment to consider the issue of capacity to engage in sexual relations.
Court of Protection Update - December 2024
Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.
Fluctuating capacity, the “longitudinal approach” and practical dilemmas
David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.
Capacity and civil proceedings
Holly Tibbitts examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.
Recovering adult social care charges via insolvency administration orders
Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one.
Court of Protection case update: October 2024
Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.
Communication with protected parties in legal proceedings
Abby Watson provides practical tips on how representatives of protected parties can enhance communication, and prepare them for judicial visits.
The way forward for CQC – something old, something new….
Carlton Sadler and Siwan Griffiths look at the principal findings of the Dash and Richards reports into the Care Quality Commission and the Single Assessment Framework.
The Ombudsman, DoLS and triaging – asking the impossible?
Alex Ruck Keene KC (Hon) examines a recent Ombudsman report following a complaint about the Deprivation of Liberty Safeguards authorisation process.
Outsourcing and the Human Rights Act 1998 – the consequences
Alex Ruck Keene KC (Hon) analyses a recent High Court case that considered the Human Rights Act in relation to outsourced care.
Commissioning care and support in Wales: new code of practice
The Welsh Government has published a new Code of Practice which came into effect on 1 September and applies principles and standards to the commissioning of care and support services by local authorities, local health boards and NHS trusts in Wales. Emma Watt looks at the details.
More Features
July 03, 2025
Too much?
In the fourth and final article on a Court of Appeal judgment that involved an exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event, Catherine Rowlands looks at the Court of Appeal view on whether a local authority accidentally accommodated the claimant.
Jul 01, 2025
Deploying ‘ADR’ in Planning & Compensation contexts
John Pugh-Smith looks at how these aspects of alternative dispute resolution (ADR) can now be made to work and at different stages of a dispute. Put another way, the “A” in ADR is not just “alternative” but also “adaptable”, “agile” and “accessible”.
Jun 27, 2025
Removal from the village green register
The High Court recently ordered the deletion of school playing fields from the village green register. Ashley Bowes explains why.
Jun 27, 2025
The attendance of experts in family proceedings
Rosie Muncer looks at the lessons to be learned from how a High Court judge considered a case management application for the single joint experts in care proceedings to attend to give oral evidence.
Jun 27, 2025
Local authority enforcement powers and domestic beekeeping
Dan Jacklin provides a detailed analysis of the enforcement powers available to local authorities in relation to domestic beekeeping.
Jun 27, 2025
Too little? When intervention is not required
In the third article on a recent Court of Appeal judgment that involved a wide-ranging exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event, Catherine Rowlands looks at how the local authority responded.
Jun 27, 2025
Closures of educational sites
The Court of Appeal recently refused permission to appeal in judicial review proceedings concerning the decision to close part of a school site. Leon Glenister and Edward-Arash Abedian look at the reasons why.
June 25, 2025
Public law case update Q1 2025
Kieran Laird and Sophie O’Mahoney offer a straightforward and concise overview of six public law and regulation cases from the first quarter of 2025 which highlight important points of principle and procedure.
Jun 25, 2025
The scope and purpose of s166 DPA: a procedural and not a merits route of challenge
The Upper Tribunal has provided important clarification on s166 of the Data Protection Act and orders requiring the Information Commissioner to progress complaints, writes Francesca Whitelaw KC.
Jun 25, 2025
Local government reorganisation: the impact on procurement and contracts
Craig Athorn and Stephen Dorrian look at the opportunities and challenges for public procurement and commercial contracts presented by local government reorganisation.
Jun 25, 2025
Recording and publishing officer decisions
Geoff Wild considers the much-misunderstood law governing the recording and publishing of officer decisions.
Jun 25, 2025
AI solutions: the contractual issues
What are the key contractual issues that public sector organisations should prepare for when implementing an AI solution? Justin Harrington explains.
Jun 25, 2025
How do you deal with conflicts of belief in schools and colleges?
To what extent can you lawfully restrict how your staff manifest their protected beliefs? Jo Moseley considers what schools and colleges can learn from a recent case where a tribunal had to determine whether a teacher, who objected to the school's decision to socially transition an eight-year-old pupil, had been unfairly dismissed and subjected to direct discrimination because of her beliefs.
Jun 24, 2025
Modifying subsidies: What is permitted and what is not?
Beatrice Wood and Oliver Slater explore recent developments and discuss the process of awarding subsidies.
Jun 24, 2025
Getting new PPP right: Smarter tools for smarter infrastructure
Nicola Sumner, Steve Gummer and Roseanne Serrelli discuss the 'dos and don'ts' of Public-private Partnerships in their new form.
Jun 20, 2025
Negotiating s106 agreements
Why does negotiating section 106 agreements have to be such a drag? Simon Ricketts looks at the key issues.
Jun 20, 2025
Heat network zoning coordination
Carrie Davies sets out some early-stage considerations for local authorities when it comes to heat network zoning coordination.
Jun 20, 2025
Mediating PFIs
Mediation is a potentially underused tool for unlocking contract disputes arising out of PFI, write Emma Beynon and Andrew Lancaster.
Jun 20, 2025
Generative AI and data protection
Justin Harrington sets out what UK public sector organisations need to know when it comes to generative AI and data protection.
Jun 19, 2025
Zones/RABs and heat networks: The path to an investible infrastructure asset class?
The UK’s new heat network zoning framework (the outlines for which were drawn by the Energy Act 2023) is set to redefine how low‑carbon heating is delivered by creating geographic zones, where district heat networks are the mandated, optimal solution.
Jun 19, 2025
The final say
The Court of Protection has provided an important reminder that it is the judge who has the final say as to best interests, writes Alex Ruck Keene KC (Hon).
Jun 18, 2025
The seven questions to address in a welfare analysis
A recent Court of Appeal decision highlights the importance of analysing all the factors in the welfare checklist when considering a care and placement order instead of an overreliance on the ‘risk of harm’ factor, and sets out a 7-step approach to this analysis. Victoria Holland examines the ruling.
Jun 18, 2025
Too late
In the second article of a series on challenges to decisions about care for young people brought after the event, Catherine Rowlands looks at how the Court of Appeal dealt with the issue of whether a claim was brought out of time.
Jun 18, 2025
VAT on school fees and its impact on the SEND system: an emerging pressure point
Lauren Fullerton and Arran Dowling-Hussey look at the impact of the Government’s imposition of VAT on school fees has had on the SEND system.
Jun 18, 2025
Expert fees in public law children cases
When the expert exceeds Legal Aid Agency rates, what is the Court to do? Eleanor Hull analyses an important recent ruling from the President of the Family Division.
Jun 18, 2025
Producing robust capacity assessments and the approaches to assessing capacity
Lynette Wallace looks at the lessons from a recent Court of Protection ruling on capacity.
Jun 18, 2025
One teacher, two jobs
Alexandra Addington looks at a recent disciplinary hearing concerning a teacher who phoned in sick to work at a different school, and considers what steps schools and colleges can take if they suspect a staff member of moonlighting.
Jun 18, 2025
The 26-week timeframe and care proceedings with an international element
Gary Fawcett examines a recent Court of Appeal ruling on the 26-week statutory time limit in care proceedings with an international element.
Jun 18, 2025
Too little? Or too late?
In the first in a series of articles, Catherine Rowlands examines a Court of Appeal judgment that involved a wide-ranging exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event.
Jun 17, 2025
Partial debt guarantees- Reviving Investment in UK Water Infrastructure
Is it Time for a Public Sector Major Infrastructure Debt Guarantor?
Jun 13, 2025
Unlocking legal talent
Jonathan Bourne sets out why in-house council teams and law firms should embrace apprenticeships.
Jun 13, 2025
Re A compliance in care proceedings
Emily Henshaw looks at what Re A compliance means and why it matters.
Jun 12, 2025
AI in the UK public sector
In the first in a series of articles on the adoption of AI by the public sector, Justin Harrington sets out some use cases and provides a regulatory overview.
Jun 11, 2025
Planning reform to accelerate housing delivery - at what cost?
Chrisa Tsompani examines how the Government’s sweeping planning reforms could reshape every layer of the building sector – from local authorities to small-medium builders, and considers the critical implications for environmental policies.
Mobile phones and deprivations of liberty
- Details
Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting a High Court judge recently. Whilst his analysis concerned the position of a 16 year old, his conclusions apply equally to adults, writes Alex Ruck Keene KC (Hon).
The interplay between the Housing Act 1996 and the Care Act 2014
- Details
Joshua Swirsky reports on how a local authority successfully defended a judicial review about its withdrawal of funding of temporary accommodation, which had been allowed to continue since 2016.
Court of Protection case review: January 2023
- Details
Eleanor Suthern rounds up the latest Court of Protection judgments of interest to practitioners.
LPS consultation and ‘go live’ planning
- Details
Lynette Wieland and Kelsey Richardson outline the key points of the draft Code of Practice and Regulations for the Liberty Protection Safeguards – and share their top tips for preparing for the go live date.
George Orwell and best interests
- Details
The Deprivation of Liberty Safeguards (DoLS) and public protection are under the spotlight. Alex Ruck Keene KC examines a recent Court of Protection ruling.
Adults with impairments are not big children
- Details
A Court of Protection judge has issued a ringing refutation of a “regressive” assertion, writes Alex Ruck Keene.
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