Local Government - March 2009
Welcome to the March edition of
our e-Bulletin for local and public authorities. We
report on the adventures of two litigants in person in the
Administrative Court, the latest member conduct case, a House of
Lords decision on the deprivation of liberty, anti-social behaviour
and drug dens, fraudulent CVs, Selina Scott’s age discrimination
claim, a Court of Protection case on best interests, new penalties
for health and safety offences, and the new School Admissions Code
of Practice. We offer updates on landlord and tenant and
construction law. We also include our regular digest of case
law and new legislation.
Albert Haddock rides again?
Two litigants in person venture into the Administrative Court, one
seeking to quash a resolution to acquire houses for demolition and
renewal, the second seeking to challenge legislation permitting the
Ombudsman to drop an investigation.
Graeme Creer looks at R (on the application
of Joyce) v Watkinson and R (on the application of
Abrams) v Secretary of State for Communities and Local
Government, and recalls a fictional predecessor.
Member conduct
Can you distinguish a community activist from
a councillor acting in his or her official capacity, and do we have
to define “respect”? Graeme Creer
comments on the reassuring case of Mullaney v Adjudication
Panel for England.
Landlord and tenant update
In this update Weightmans property team
investigate the pros and cons of adopting the Code for Leasing
Business Premises 2007, offer some thoughts on dealing with tenants
and landlords who are in financial difficulty, and consider two
cases on enforcing oral three year tenancy agreements: Fitzkriston LLP v Panayi and
Looe Fuels v Looe Harbour Commissioners.
Construction law update
In this update we highlight three construction
law cases dealing with the need to notify insurers promptly, the
effect of delay in a project involving sectional completion and
adjudication and oral contracts. Ed
Lewis reports on Aspen Insurance UK v Pectel,
Liberty Mercian Limited v Dean Dyball Construction
Limited and Euro Construction Scaffolding Ltd v
SLLB Construction Ltd.
Deprivation of liberty
In what circumstances can the police deprive a
citizen of her liberty in the interests of crowd control, and how
do these principles play out in the context of deprivation of
liberty under mental health law? Nick
Peel and David Hewitt examine the decision of the House of Lords in
Austin v Metropolitan Police, and
its implications for imminent changes to the Mental Health Act
2005.
Anti-social behaviour
The Anti-social Behaviour Act 2003
enables the Police to close drug dens associated with disorder or
serious nuisance, but what happens if the incidents stop after the
notice is served but before the hearing? Andrew Logan reviews the guidance given by the High
Court in Dumble v Commissioner of Police of the
Metropolis.
Employment – fraudulent CVs
In light of the recent
high profile case of CV fraud within the NHS, Mark Leach suggests
ways of vetting applications for jobs which will assist in weeding
out dishonest applications.
Age discrimination
Jane Hobson comments on
Selina Scott’s recent, much publicised age discrimination claim
against Channel 5, which highlights the perils faced by employers
who discriminate against their employees on the basis of
age.
Adult Services – best interests
Jasmine Armstrong
reports on a recent adjudication by the Court of Protection in a
case concerning the restraint and treatment of a patient detained
under the Mental Health Act for treatment unconnected with her
mental illness.
Health and safety
Directors in the dock!
Chris Green discusses the impact of the Health and Safety
(Offences) Act 2008 which came into force on 16 January 2009 and
the penalties which may be imposed for health and safety
offences
Education
A new School Admissions Code of Practice came
into force on 10 February 2009, reflecting changes to the law made
by the Education and Skills Act 2008 and following findings by the
Chief Schools Adjudicator that half of schools breached these
principles. Eve Holt runs through
local authorities’ legal obligations under the new Code.
Cases and legislation
We highlight new cases
and legislation of interest to local authorities in January
2009.