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PFI - A New Era?

Melanie Pears explores the recent announcement by NHS England about the possibility of a private finance model for capital developments, alongside the Treasury's calls for it to be only used in very limited circumstances.
July 03, 2025
PFI - A New Era?

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).
June 19, 2025
The final say

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LGL Red line

Families refusing access to support

Is home a suitable option for residence and care for a vulnerable adult if their family refuses access to support? Sophie Holmes analyses a recent ruling.
Families refusing access to support

Features

LGL Red line

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).
June 19, 2025
The final say

Abbasi and Haastrup: to name or not to name

Last month saw the handing down of the long-awaited judgment of the Supreme Court in joined cases on the identification of clinicians in end-of-life cases. The ruling has a potential wide-ranging impact across the health and care sectors, writes Hannah Taylor.
May 02, 2025
Abbasi and Haastrup: to name or not to name

Transfers from hospital to social care

What are the key laws that need to be upheld when transferring people from NHS hospital to local authority social care? Elizabeth Ridley explains.
Apr 25, 2025
Transfers from hospital to social care

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.
Mar 19, 2025
Issuing proceedings in best interests cases

Features Test

LGL Red line
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.

Features

LGL Red line

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 22, 2025
Disability discrimination and proportionality in housing management

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
Cross-border deprivation of liberty

Features

LGL Red line
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

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.

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Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

Webinars

LGL Red line  

Webinars

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LGL Red line

Local Authority Insight Series: Local Authority Companies – How to Make Them Work

In this webinar, three highly experienced public commercial lawyers explore the background and future of local authority-owned companies, examining the pressures and complications they face, the factors behind their creation and look at how councils can best manage their external companies to avoid the pitfalls that have led some to fail.

Local Authority Insight Series: Monitoring Officers

Everything you wanted to know about being a monitoring officer but were afraid to ask. Philip McCourt and Suki Binjal, two of the profession’s most experienced MOs, look at how the nature and the profile of the role is changing.

ICS lessons

Three months on from the commencement of the new statutory Integrated Care Systems (ICS) Anja Beriro and Gerrard Hanratty reflect on the main themes and issues that have come from the new relationship between local government and health.

Draft Mental Health Bill now published

Following a commitment given in the Queen’s Speech in May 2022, a draft Mental Health Bill has been brought forward this week (27 June 2022). Alex Ruck Keene sets out the main elements and highlights some key points.

Building systems

James Arrowsmith looks at the lessons to be learned from a recent report on integrated Local Health Systems produced by LGiU and Browne Jacobson.

CCGs, Covid vaccinations and best interests disputes

The Court of Protection has confirmed again that clinical commissioning groups (CCGs) must act with urgency to resolve best interests disputes on Covid-19 vaccinations, write Leah Selkirk and Ellie Maudsley.

Local Authority Insight Series: Making Highways Fit for the Future

Join Ruth Stockley, barrister at Kings Chambers, and Chris Burgess of Norfolk County Council for an in-depth discussion that addresses the legal issues and obstacles involved with adapting highways for a low carbon future and the legal tools available to local authorities.

The COVID-19 Inquiry: Preliminary thoughts on its scope and efficacy

Fiona Scolding QC, Christopher Jacobs, Carine Patry, Ben Fullbrook and Alex Goodman offer some preliminary thoughts on the scope of the public inquiry into the handling of the Covid-19 pandemic inquiry, scheduled to commence in 2022, focusing in particular on the inquiry’s “terms of reference”.

Vaccinating 12 to 15 year olds

Stephanie McGarry and Alistair Taylor consider the Government’s updated guidance on Covid-19 vaccination of 12 to 15 year olds.

Long-term leave under s.17 Mental Health Act

Arianna Kelly analyses a recent judgment in which the Upper Tribunal considered whether a s.3 Mental Health Act detention can persist during long-term s.17 Mental Health Act leave without any active connection between the patient and hospital.

The Covid-19 vaccine and capacity

A senior judge recently ruled that it was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son. Jennifer Swan analyses the judgment.

Ripping up the Mental Health Act - the journey continues

The Government has published a white paper on reforming the Mental Health Act 1983, promising that its proposed changes would provide patients with greater choice and autonomy in a mental health crisis. Sophy Miles sets out the key points.

More features

LGL Red line

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.

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.

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.

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.

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.

“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.

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.

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.

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.

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

LGL Red line
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

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

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.
LGL Red line
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

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 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

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

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

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

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 13, 2025

Unlocking legal talent

Jonathan Bourne sets out why in-house council teams and law firms should embrace apprenticeships.
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.

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