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- Adult Care Features
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.
- 05.Jun.2023
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- Adult Care Features
Capacity, sexual relations and disclosure
Brett Davies examines a Court of Protection case that considered whether a 34-year-old man lacked capacity to make decisions about engagement in sexual relations, about disclosing information about the risk of sexual harm he poses to others, and about allowing the local authority to disclose information about the risk of sexual harm he poses to others.
- 31.Oct.2023
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- Litigation Features
A knotty problem: Churchill v Merthyr Tydfil Council
The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.
- 29.Nov.2023
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- Procurement Features
All change for commissioning health and social care
Now that the Procurement Act 2023 has received royal assent and the Health Care Services (Provider Selection Regime) Regulations 2023 have been laid before parliament, Emma Watt, Steven Brunning and Amy Callahan-Page summarise the key changes affecting how adult social care services and health services will be commissioned and procured.
- 29.Nov.2023
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- Governance Features
Public sector consultations
- 28.Nov.2023
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- Governance Features
As easy as falling off a [Of] Log?
- 28.Nov.2023
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- Adult Care Features
Care home costs and ‘top-up fees’
- 28.Nov.2023
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- Education Features
Education sector contracts
- 28.Nov.2023
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- Children Protection Features
Fathers without PR: where do they stand?
- 28.Nov.2023
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- Children Protection Features
Ethnic inequalities and section 20 voluntary arrangements
Dr Charlotte Edney explores whether the ethnic inequalities uncovered in public law extend to section 20 voluntary arrangements, and explains why further research to understand ethnic inequalities is critical.
- 28.Nov.2023
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- Children Protection Features
FGM and local authorities
Charlotte Baker looks at the important role of local authorities in tackling FGM.
- 28.Nov.2023
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- Litigation Features
To redact or not redact, that is the question
Mari Roberts and Jonathan Blunden analyse a High Court ruling on whether it was permissible for Secretaries of State, as a matter of routine, to redact the names of civil servants outside the Senior Civil Service from documents disclosed in proceedings.
- 27.Nov.2023
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- Governance Features
Tackling deepfakes and disinformation in elections
The next General Election will be the Deepfake Election. What should be done to regulate it? Alex Goodman KC and Joseph Harrod set out a way forward.
- 27.Nov.2023
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- Governance Features
Avoiding local government governance failure – the lessons that can be learnt by others from current failures in the sector
In our new Governance Podcast series, Partners Amardeep Gill and Scott Dorling will be speaking to Professor Catherine Staite, Professor of Public Management at the University of Birmingham, where they will be examining what good governance looks like for local authorities and the lessons that can be learnt.
- 26.Nov.2023
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- Adult Care Features
The Care Act 2014 and appeal mechanisms
Must there be an appeal mechanism against local authority decisions under the Care Act 2014? Leon Glenister reports on a recent ruling.
- 27.Nov.2023
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- Litigation Features
The new dilemma: AI and public law
Can artificial intelligence replace professionals in courts and write judgments in public law? Richard Clayton KC looks at the issues involved.
- 27.Nov.2023
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- Information Law Features
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.
- 27.Nov.2023
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- Employment Features
When is a resignation not a resignation?
Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling.
- 24.Nov.2023
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- Employment Features
Equal pay: recent challenges
When it comes to job evaluation schemes and equal pay claims, where does the risk lie and what can be done to mitigate it? Sarah Lamont and Charlotte Rose explain.
- 28.Nov.2023
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- Planning Features
Permitted development and the Habitats Regulations 2017
Anne Gerzon explains how the Conservation of Habitats and Species Regulations 2017 apply to the deemed grant of planning permission set out in the General Permitted Development Order 2015.
- 24.Nov.2023
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- Projects Features
Dealing with the Subsidy Advice Unit
Ruth Yates, Lucy Woods and Katie Gwyther provide some hints and tips for referrals to the Subsidy Advice Unit.
- 24.Nov.2023
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- Children Protection Features
Supported accommodation for 16-17 year olds
Siwan Griffiths and Sarah Newton look at new Ofsted registration and regulation requirements for supported accommodation for 16-17 year olds.
- 24.Nov.2023
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- Planning Features
Countdown to Biodiversity Net Gain
Helen Gill sets out the timeline for the introduction of biodiversity net gain.
- 24.Nov.2023
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- Transport and Highways Features
Zebra 2 funding – subsidy control implications
The d eadline for the Government’s Zero Emission Bus Regional Areas (ZEBRA) 2 scheme is approaching. Edward Reynolds, Sally Stone and Helen Feinson look at the key considerations for local transport authorities.
- 24.Nov.2023
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- SharpeEdge Employment
Minimum service levels update – major change to UK trade union law
Under the Strikes (Minimum Service Levels) Act 2023, which received Royal Assent on 20 July 2023, the Secretary of State has the power to set Minimum Service Levels (MSLs) for “relevant services” in the fields of health, transport, education, fire and rescue, border control, and nuclear decommissioning and radioactive waste management services. Christopher Grierson and Francesca Gallagher look at the key provisions.
- 24.Nov.2023
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- SharpeEdge Employment
Reforms to holiday pay, record-keeping requirements and TUPE: an important Employment Law update
David Leach and Francesca Gallagher look at a welcome injection of interest in Employment law, with draft regulations being laid before Parliament on changes to the Equality Act, action on holiday pay, which may be the biggest shakeup of the Working Time Regulations since they were introduced some 25 years ago and also consideration of the TUPE regs.
- 24.Nov.2023
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- SharpeEdge Employment
New disclosure timeframes for Custodial Sentences to Employers
All employers will need to urgently update their recruitment policies, writes David Leach.
- 24.Nov.2023
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- Property Features
Defending decisions on assets of community value
A Tribunal has upheld a council’s decision to include what the judge described as a ‘drinking man’s boozer’ on the list of assets of community value. John Fitzsimons looks at the ruling.
- 17.Nov.2023
Driving offences and revocation of licences
A Magistrates’ Court has found that a council was right to revoke a driver’s licence following a pattern of dangerous driving. Matt Lewin…
The Government’s Waste Tracking Response
On 21 October 2023 the Government published its long awaited response to the Consultation on implementation of mandatory electronic waste…
Statutory succession to secure tenancies upon death of secure tenant, and unlawful discrimination
Ryan Anderson considers an important Court of Appeal decision on statutory succession.
Housing case law – November 2023
Amy Stirton and Charlotte Rawson round up the latest housing law cases and court decisions of interest to local authorities and housing…
Explaining Churchill v Merthyr Tydfil County
Elizabeth England, of Five Paper Chambers, runs through the key points of the latest Court of Appeal Japanese Knotweed case.
Where do we stand?
Colin Ricciardiello looks at an economic operator’s right to bring a procurement challenge.
Infrastructure and Social Value in public contracts – making it concrete
Craig Elder sets out an approach to embedding social value in infrastructure projects.
Inspections – safeguarding and elective home education
Nicola Tarmey looks at the impact of the updated Ofsted School Inspection handbook on safeguarding and elective home education.
How should schools and colleges investigate allegations of sexual assault against its staff?
Investigating allegations against staff is one of the most challenging issues for schools and colleges. Some lessons can be learned from a…
Navigating staff based conflict in schools and strategies for effective resolution
The modern workplace has witnessed a noticeable increase in employee conflicts in recent years and schools are no exception, writes Jo…
Seven to Three: Simpler Recycling?
On 21 October 2023, the Government published its long awaited response to the results of its consultation on ‘Consistency in household and…
Interpreting planning permissions
A recent High Court ruling exhorts officers to make a deeper dive into the detail of planning permissions, writes Roderick Morton.
The Energy Act 2023 – Heat Network Zoning: implications and opportunities for local authorities
The Energy Act 2023 (the “Act”) received royal assent on 26 October 2023. Part 2 of Chapter 8 of the Act introduces powers for the…
The Court of Appeal on property guardians and HMOs
The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation).…
Rent reforms for new shared ownership homes
Georgina Coyle sets out the key points in the Government’s proposed changes to shared ownership rents in England.
The Key Reforms of the Social Housing (Regulation) Act 2023 - Focus on Vulnerable Residents
The Social Housing (Regulation) Act 2023 encompasses many new aspects which registered providers will need to adhere.
The Key Reforms of the Social Housing (Regulation) Act 2023 - Safety and Quality Standard
Health and safety concerns have increasingly come under the spotlight in recent years, following several high profile incidents.
School collaboration – are mega MATs the future?
Jen Marley and Liz Brownsell look at the potential creation of “mega multi-academy trusts”.
School exclusions: an update on managed moves
Philip Wood looks at the complexities surrounding managed moves.
Children law update: October 2023
Michael Jones KC rounds up the latest cases of interest to children law practitioners.
Children and the instruction of solicitors
Kate Akerman explores a recent Court of Appeal case on the ability of a 14-year-old boy to instruct his own solicitor in care proceedings.
Capacity, sexual relations and disclosure
Brett Davies examines a Court of Protection case that considered whether a 34-year-old man lacked capacity to make decisions about…
Girlfriend in a comma
A recent Planning Court ruling sets out why punctuation, spelling and grammar matter, writes Simon Ricketts.
Emailed dismissal letters and effective dates of termination
When is 'Effective Date of Termination' when a summary dismissal letter is emailed? Susan Chan reports on a recent case involving a London…
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…
Facing financial failure
Adam Carey looks at the difficulties a monitoring officer may experience following the issuance of a section 114 notice, and how they can…
Gender-transition at work
Anna Dannreuther looks at the lessons from a recent case for employers in handling Gender-transition at work.
So who is looking at governance?
So much attention is on the finances - balancing the budget, section 114 Notices, diminishing reserves, more for less - it is constant and…
What do we have to do?
Ian Hunt considers the thorny issue of essential functions and statutory powers in straitened times.
The Levelling Up Fund: Round 3
Round 3 of the Levelling Up Fund is to be launched in November 2023. Jonathan Branton and Alexander Rose look at the lessons learned so far…
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