Local Government - February 2009
Welcome to the February edition of
our e-Bulletin for local and public authorities. We
report on the Communities in Control consultation papers, the
latest case on bias and predetermination, current Government Bills
affecting local authorities and the risks run by shared-ownership
leaseholders. We look at whether public authorities are
obliged to take positive steps to protect human rights, and the
evidence needed to support an ASBO application against someone with
a mental disability. We discuss cases on religious
discrimination, occupational stress caused by an external
assessment, terminating a demoted tenancy, public processions, the
registration of care homes and special educational needs. We
comment on the suggestion that adult social care law needs reform,
and we look at the implications of the Mental Health Act
2007. We also include our regular ethical standards clinic,
and our digest of case law and new legislation.
Communities in Control
The Department for Communities and Local Government has issued a
series of consultation papers suggesting changes to local
government law and practice, under the strap line “Communities in
Control: real people, real power”. Graeme Creer takes a look at the DCLG consultation
papers and wonders what they add up to.
Friends, acquaintances and the real
possibility of bias
The Ombudsman, the Ethical
Standards Officer and the Administrative Court all tussled with
challenges and complaints about how a Councillor had responded to
planning applications made by a fellow Councillor, and failed to
reach a common view. Graeme Creer
reports on R (on the application of Michael Gardner) v
Harrogate Borough Council.
Government Bills affecting local
government
Fifteen Government Bills now, or shortly
to be, in Parliament will directly affect local authorities.
Graeme Creer summarises the legislative
programme for local government.
Human Rights
When is a
public authority obliged by Article 3 of the ECHR to take positive
steps to prevent a member of the public from inhuman or degrading
treatment? Nick Peel comments on the
November 2008 House of Lords decision in In Re E (a
child), which arose from protestant demonstrations in
Belfast in 2001 along the route to school taken by catholic
children.
Employment - religious
discrimination
In Saini v All Saints Haque
Centre, the EAT held that Regulation 5(1)(b) of the
Employment Equality (Religion or Belief) Regulations 2003 will be
breached not only where an employee is harassed on the grounds that
he holds certain religious beliefs but also where he is harassed
because someone else holds certain religious beliefs.
Scott Mounfield discusses the Saini
v All Saints Haque Centre case.
Employment - occupational
stress
An employee who, as part of her duties, had to
prepare material for the external audit carried out by the
independent regulator, OFTEL, became ill and lodged a stress claim.
Roddy Macleod considers the case of
Susan Dickins v O2 PLC.
Housing
Was the City
Council’s procedure for terminating a demoted tenancy on account of
further breaches consistent with Article 6 of the ECHR?
Andrew Logan looks at the case of R
(on the application of Elizabeth Gilroy) v Liverpool City
Council.
Housing – shared
ownership
What happens when a shared ownership
leaseholder falls into arrears? In an article that first appeared
in Inside Housing, Sian Evans
discusses the impact of Richardson v
Midland Heart, and the landlord’s ability to recover
possession and keep any capital the leaseholder has paid.
Anti-social
behaviour
Can an ASBO be made against someone with a
mental health disability? Sian Evans
reports on Cooke v Director of Public Prosecution
and the evidence that should be submitted in these cases.
Public Order –
processions
Since 1994, London cyclists have held a
monthly “critical mass cycle ride”, starting from the same point
but following a different, and unpredictable, route each
time. Could the Metropolitan Police require them to give
notice under the Public Order Act 1986? Nick Peel comments on the
decision of the House of Lords in Kay v. Metropolitan
Police.
Litigation
Does an
authority making an application to the court to cancel nursing
home’s registration owe a common law duty of care to the nursing
home proprietor? Andrew
Cooper comments on the House of Lords decision in Jain v
Trent Strategic Health Authority.
Litigation – child care
fees
After the furore concerning the May 2008 increase in fees payable
by local authorities in childcare applications, from £150 up to
£4,825, four councils sought judicial review of the decision.
Catriona Sangster explains how
R (on the application of London Borough of Hillingdon and
others) v The Lord Chancellor and the Secretary of State for
Communities and Local Government turned
out.
Social Care Law
The Law
Commission has concluded that adult social care law is in urgent
need of reform. David Hewitt examines
their thinking.
Mental Health
What are
the implications of the Mental Health Act 2007 for children?
And why should social services and health advisers need to look at
cases about dangerous dogs, careless driving and the prevention of
terrorism? This month’s e-bulletin
includes two articles by David Hewitt on mental health law.
Special Educational
Needs
Eve Holt provides guidance to local authorities
on some of the most significant decisions of the last year in SEN
law, including B County Council v Mr
and Mrs H and Chair of the SENDIST, O
v Lewisham London Borough Council and SENDIST,
Coventry v Browne and R (M) v Sutton
Borough Council.
Ethical standards
clinic
In our regular feature
Claire Lefort answers questions about interviewing police officers
for an investigation and how to deal with a request to treat all
complaints as vexatious.
Cases and
legislation
We highlight new
cases and legislation of interest to local authorities in November
and December 2008.