Local Government - May 2009
Welcome to the May edition of our e-Bulletin for
local and public authorities.
We report on the introduction of Crime and Disorder Scrutiny
Committees, new regulations about the exercise of ward member
powers, land disposal consents, whether landlords are liable for
not warning tenants of the possible response to antisocial
behaviour proceedings, or for not rehousing vulnerable tenants at
risk of abuse, shared residency orders and homelessness, statutory
succession from tolerated trespassers, the latest equal pay cases,
paternity rights TUPE transfers, directors’ liability, the
definition of “vulnerable” in mental health law, and the exercise
of powers under section 136 of the Mental Health Act 1983.
We also include our our regular digest of case
law and new legislation.
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The legislation on crime and disorder scrutiny appears
out of nowhere, and contains some oddities. Graeme Creer comments on the implementation of
section 19 of the Police and Justice Act 2006 and new regulations
on Crime and Disorder Scrutiny Committees.
I did it my way
New regulations about the exercise of ward member
powers beg more questions than they answer. Graeme Creer looks at section 236 of the Local
Government and Public Involvement in Health Act and offers some
advice on introducing ward member powers.
Stock transfer – Do I need consent?
Yes they do, but it isn’t as simple as
that. David Percival looks at stock
transfers and touches on transfers and disposals by registered
social landlords.
Landlords' liability to warn tenants
Should there be a duty for landlords to warn tenants of the
steps being taken when addressing the antisocial behaviour of other
tenants. Ian Larkins considers the recent
case of Mitchell v Glasgow City Council.
Landlords’ liability to rehouse
tenants
A vulnerable couple were subjected to an appalling ordeal at the
hands of local youths. Their plight was terrible, but was the
landlord local authority liable for not having rehoused them?
Bob Hetherington and David Hewitt comment on
the Court of Appeal decision in X and Y v London Borough of
Hounslow.
Priority need for shared housing
The court recently considered whether a shared residency Order
would automatically mean the applicant could satisfy the test laid
down for the purposes of their housing application in the case of
Holmes-Moorhouse v Richmond Upon Thames LBC. Angela Penn reviews this helpful decision for
housing authorities. This article was published in 6 March 2009
edition of Inside Housing.
Tolerated trespasser and succession
A secure tenant fails to comply with possession order
conditions and remains in possession as a tolerated trespasser,
then dies. His brother intervenes in an attempt to have the
tenancy automatically vested in him. Andrew Logan outlines the case of
Austin v Mayor & Burgesses of
Southwark London Borough Council. This article was
published in Inside Housing on the 20 March 2009.
Equal Pay
We report on three equal pay cases and we look at equal pay in
the finance sector. Does a grievance for an equal pay claim
need to identify the comparator, or is it sufficient for the
Claimant to simply claim “equal pay”? When does time run out
for an equal pay claim? And was the NHS job evaluation and
protection scheme sufficiently robust to satisfy equal pay
law. Weightmans Employment Team
comment on a report by the Equality and Human Rights Commission,
Mid Suffolk Mental Health Partnership and NHS Trust v
Hurst and Arnold v Sandwell MBC, Slack v Cumbria County
Council and Hartley v
Northumbria Healthcare NHS Trust.
Call to increase paternity leave
What will be the consequences for employers of the proposed
drastic changes to paternity leave provision? Mike Berriman and Jane Hobson discuss the
issues.
TUPE transfers
Bad news for employers who take on employees who are trade union
members under TUPE. We include a
summary from Phil Pepper of a critical case which is now being
appealed to the Court of Appeal.
Directors’ liability
There’s nothing new about fiduciary duties,
but we discuss why more and more directors are running for cover.
For more information please click here.Weightmans Lynne Rathbone and Chantel Clague
recently completed a series of presentations on the Companies Act
and have produced a comprehensive guide to the Act and its overhaul
of company law legislation. For a copy of the guide please follow
this link.
Mental Health
What do we mean by “vulnerable adults”? Can
a police constable entice someone into a public place to arrest and
detain him under section 136 of the Mental Health Act 1983?
David Hewitt reports on a key issue within
the “No Secrets” review and McMillan v Crown Prosecution
Service.
Cases and legislation
We highlight new cases and
legislation of interest to local authorities in March
2009.