Local Government - March 2011

Welcome to the March 2011 Newsletter. Looking at lessons to be learned from recent cases in this month’s edition, we lead with the significant Supreme Court decision on procurement rules. We also offer the first of a series of articles on the Localism Bill. Of particular interest to Local Authorities with social services responsibilities will be our articles on public mental health Tribunal hearings, age assessments for asylum seeking children and adult protection responsibilities. In employment, we take a look at TUPE and the first prosecution for corporate manslaughter.

Procurement

A landmark judgment confirms local authorities may avoid putting all services out to tender. Michael Green explains in brief what the Supreme Court ruling in Harrow LBC (Brent LBC and LAML) v Risk Management Partners Ltd means for Local Authorities.

Governance

Graeme Creer looks at the governance provisions in the Localism Bill.

Mental Health

A media circus? Significant burden? The recent Upper Tribunal case AH v West London Mental Health NHS Trust and the Secretary of State for Justice, considers whether there is a right to public mental health Tribunal hearings. Sallie Harrington explains.

Children’s Services

Age assessment of unaccompanied asylum seeking children is difficult and there is little in the way of guidance. Since the landmark B v Merton case, a number of challenges to local authority age assessments have come before the Court. Morris Hill considers the recent judgement in R (on the application of FZ) v London Borough of Croydon

Employment

Foster carers have an invaluable role in the care of children looked after by local authorities. Peter Wake considers the significance of the decision of the Employment Tribunal in Bullock v Norfolk County Council as it may be applied in employment, child care and civil litigation matters.

As Local Authorities look to rationalise and maximise income by forming partnerships and entering into new business structures, TUPE arrangements are common place. Lee Rogers explains why stakeholders should beware the effect on income tax of lump sum payments to employees on transfer following the Tribunal decision in Kuehne & Nagel Drinks Logistics Ltd, Stott and Joyce v HMRC.

Regulatory

All employers, including Local Authorities must be mindful the Corporate Manslaughter and Corporate Homicide Act 2007 and the potential for criminal prosecution if poor work place practices lead to death. Leigh Carter discusses the first prosecution under the Act.

Adult Social Services - Litigation

The abuse perpetrated by local youths against vulnerable adults X & Y was horrific. Local Authorities will strive to prevent such abuse ever occurring however to what extent and in what circumstances can a Local Authority be held liable for such suffering if occurs? Peter Wake follows the case of Y & Y v Hounslow as it is taken to the European Court.

Cases and Legislation

We highlight new cases and legislation of interest to local authorities in December 2010 and January 2011.