Local Government - August 2007
In this edition we look at freedom of information and legal
privilege, data protection and information sharing, enforcing the
smoking ban, ethical conduct and misconduct in members’ private
lives, member conduct investigations, private sewers and drains,
excluded pupils, anti-social behaviour, equal pay, fair dismissal
and stress, race relations and electoral candidates and planning
and polytunnels. We also include our regular digest of
case law and new legislation, and a new regular feature, Weightmans
Ethical Standards clinic.
Freedom of information - legal privilege
This months top tip
Counsels’ opinions may be exempt from access under the freedom of
information legislation, but if you refer to them in a public
document you may have lost your right to claim exemption.
Claire Lefort considers some recent decisions
from the Information Commissioner, and warns of the perils of
waiver.
Information and data protection – information sharing
Working out whether you can share personal
data with another agency is a minefield. Claire Lefort looks at a consultation paper from the
Information Commissioner which promises helpful guidance.
Smoking ban
The smoking ban is now a fact of life, but how
hard do you have to try to enforce it? Andrew Griffiths looks at the risks of
under-enforcement of the smoking ban.
Ethical Standards clinic
In a new regular feature, we
answer some of the questions that arise for monitoring officers
under the ethical conduct framework. This month – Standards Committees: hearings in private, requests
for postponement and political balance.
Ethical Conduct – private capacity
As the dust settles on the
Livingstone case and the new Code of Conduct, and
with new legislation imminent. Claire
Lefort discusses the issues and how far are members accountable for
misconduct in their private lives?
Ethical Conduct – investigations
You are investigating a misconduct allegation
and you think that a different breach of the Code has
occurred. Can you continue? Claire Lefort looks at some of the pitfalls for
monitoring officers and investigator in misconduct
cases.
Sewers and drains
Environmental lawyers know that many
householders are liable for the cost of repairs to private sewers
and drains, but few householders are aware of this – until the
bills arrive. Jane Price outlines a
DEFRA consultation on transferring responsibility to water
companies.
Education – excluded pupils
New burdens are placed on LEAs and schools
this September in relation to excluded pupils. Are you ready
to cope with this? Eve Francis looks at
new DCFS guidance.
Anti-social behaviour
These cases are never simple. Belinda Moore describes a recent Crown Court appeal
against a Magistrates’ Court decision on a local authority
ASBO application.
Employment – equal pay
The latest chapter in the equal pay saga was
handed down by the EAT recently in the case of GMB v Allen.
Jawaid Rehan explains how, to the relief of
Trades Union officials up and down the country, the EAT found that
the GMB had not discriminated against female members.
Employment – stress
The Court of Appeal finds that an employee on
long term sickness absence caused by workplace bullying can still
be fairly dismissed, if the employer is careful. Jessica Baden-Daintree explains the implications of
fair absence dismissal following stress caused by the
employer.
Race relations – selection of candidates
The House of Lords is considering whether a
political party can be guilty of racial discrimination.
Claire Lefort reports on the selection
of candidates for local government elections.
Planning – polytunnels
Another headache for Home Farm – do Adam’s
polytunnels need planning permission? Claire Lefort examines new guidance from the CLG
Chief Planner.
Cases and legislation
Highlight of new
cases and legislation of interest to local authorities in July
2007.
We hope that you find our bulletin informative
and practical and we would welcome feedback on ways in which we can
ensure that the bulletin best meets your needs. The
bulletin’s Editor is Graeme Creer,
Partner, Local Government Group. Graeme can be contacted at:
graeme.creer@weightmans.com.
This update does not attempt to provide a full
analysis of those matters with which it deals and is provided for
general information purposes only and is not intended to constitute
legal advice and should not be treated as a substitute for legal
advice. Weightmans LLP accepts no responsibility for any loss that
may arise from reliance on the information in this update. The
copyright in this update is owned by Weightmans.