Local Government - November 2009
Welcome to the November edition of our newsletter for
local and public authorities.
This month’s newsletter looks at the LAML case
and new legislation, access to information and the
Veolia case, new powers to combat forced
marriages, a member conduct decision about “respect”, the ability
to seek a costs order against parents who had funded an
unsuccessful claim against a school, case law on the Deprivation of
Liberty Safeguards and nearest relatives, the increase in child
care applications, and a Court of Appeal decision on the
application of TUPE. We also include an employment law update
and a digest of case law and new legislation in September and
October 2009.
We would like to draw your special attention
to a publication from the Department for Business Innovation and
Skills. It is a guide to a Code of Practice on
Guidance. We quote: “This Guide has been designed for use by
officials in Government Departments and their Agencies when
preparing guidance for business and the third sector on how to
comply with legislation according to the rules in the Code of
Practice on Guidance. It may also be useful for officials preparing
guidance on best practice, or other forms of guidance.” After
30 pages of guidance on guidance on guidance, it displays the DBIS
strap line – “Making Life as Simple as Possible”.
Feature articles
The LAML case
Parliament debates a new power to establish
insurance mutuals, but other uncertainties remain. Graeme Creer reviews the wider implications of the
Court of Appeal decision in Brent LBC v Risk Management Partners
Ltd and London Authorities Mutual Limited & Harrow LBC.
Access to information
Does section 15 of the Audit Commission Act 1998 allow
unfettered public access to confidential documents? Graeme Creer comments on Veolia ES Nottinghamshire
Ltd v Nottinghamshire County Council and (1) Shlomo Dowen & (2)
Audit Commission for Local Authorities and The National Health
Service In England.
Forced marriages
From the 1 November top tier and unitary local
authorities can apply directly to the courts for an order
prohibiting a forced marriage. Catriona Sangster examines new guidance on
“Multi-Agency Practice Guidelines: Handling Cases of Forced
Marriage”.
Ethical Standards
An Appeals Tribunal decision that an email
accusing an officer of “arrogance” was not disrespectful raises
some difficult questions for Standards Committees. Claire Lefort looks at the decision about Councillor
Marc Cranfield-Adams of the London Borough of Richmond upon
Thames.
Litigation – costs
A claimant unsuccessfully sought damages from
his former school for failing to take appropriate steps to prevent
him from being bullied. Could the school recover its legal
costs from his parents, who had funded the action? Peter Wake looks at John Thomson v
Berkhamsted Collegiate School.
Mental Health – deprivation of liberty
The Court of Protection has recently given
judgment in the first DoLS case. Catriona
Sangster considers this case in which the Court of Protection
explained what makes a patient eligible for the Deprivation of
Liberty Safeguards where he or she might otherwise have been
detained under the Mental Health Act.
Mental Health – nearest
relative
objection
The High Court has decided that an earlier
discharge by a nearest relative might itself count as an objection
to a subsequent admission. David Hewitt
considers the recently reported case of M v East London NHS
Foundation Trust.
Child Care
The number of care applications for the three
month period prior to September 2009 increased by nearly 50%.
Peter Wake reviews the implications as child
protection systems come under ever increasing strain.
Employment – TUPE
If an employer mistakenly believes that TUPE
does not apply to an outsourcing arrangement, and fails to consult,
will there always be a breach of the Regulations? Tim Lang comments on the Court of Appeal’s recent
decision in CWU v Royal Mail Group.
Employment update
A driver claims unfair dismissal after a local
authority requires a contractor to remove him from contact with
children, advice on whistleblowing disclosures, the new vetting and
barring scheme for people working with vulnerable groups, and how
to protect your organisation from allegations of excessive pay
offs. Weightmans employment team
offers an update on employment law issues.
Cases and legislation
We highlight new cases
and legislation of interest to local authorities in September and
October 2009.