Local Government - January 2008
In this edition we focus on care services: who is eligible, who
pays, and how will they be regulated? ...
... We also look at councillors: what advice should they
be given, and how will the new local assessment framework
operate? And we report on on-line ASBOs, tripping up
fraudsters, illegal workers and TUPE transfers. We also
provide updates on children and adult services developments and
cases, and we include our regular digest of case law and new
legislation.
**Stop Press**
A v Hoare
'The House of Lords has given its long awaited
judgment in the abuse claim involving the lottery winner. This is a
crucial decision for both authorities and insurers. Click here to read John Morrell's thoughts
St Helens BC v Manchester PCT
The Court of Appeal has given leave to St
Helens Council to appeal against a decision refusing it permission
to bring judicial review proceedings against a PCT. This
follows the PCT's decision that a service user is not eligible
for NHS continuing healthcare. The Court of Appeal will consider
whether the test to be applied to the challenge of the PCT’s
decision should be an orthodox Wednesbury one or if the court is
required to carry out a more intensive and intrusive review.
Weightmans act for the Council in this matter and a detailed report
will follow in next months e-Bulletin.
News
Neath Port Talbot County Borough Council v Ware
The Court of Appeal overturns Collins J’s
judgment that a decision should be set aside when committee members
left the room after receiving advice that he said was based on the
“when in doubt, get out” principle. Graeme Creer comments on the decision in the case of
Neath Port Talbot County Borough Council v Ware.
Members’ conduct – local assessment
DCLG consults on the details of the new
system, due to take effect at the end of April. Claire Lefort reports on ethical framework
proposals.
Fraud
Is your authority receiving fraudulent
tripping claims? Ted Sheils examines the
growing concern of ever increasing suspicious slipping/tripping
personal injury claims made against local authorities.
Anti-social behaviour
ASBOs get technological. Can the courts deal with on-line anti-social
behaviour? Belinda Moores reports.
Care services – who pays?
Who pays for care – the PCT, the Council or
the individual? Morris Hill examines
the relationship between local authorities and PCTs.
Health and Social Care Bill 2007
Another shake-up in the way care services are
regulated is on its way. Catriona
Sangster looks at the provisions of Health and Social Care
Bill.
Eligibility for care services
Eligibility for care services is often
described as a postcode lottery, but what happens when a local
authority tries to reduce its offer? Catriona Sangster describes the decision in R (on
the application of (1) Chavda (2) Fitzpatrick (3) Maos) v London
Borough of Harrow.
Adult Services
Deprivation of liberty under the Mental Health
Act 2007, movement in FACS thresholds, two major White Papers and
case law on best interest interventions. Morris Hill provides an update for adult services
lawyers.
Children’s Services
Case law on social care and education, an
update from the Family Procedure Rules Committee, guidance on
Justices’ reasons in family cases, consultation on fees, training
on the Public Law Outline, a Parliamentary Select Committee
inquires into looked-after children and Ombudsman cases on school
transport and fostering. Children’s
services law update from Morris Hill.
Illegal Working
What should an employer do if it suspects that
an employee is subject to immigration control and unable to
work? Mandy Higgins reports on the
recent EAT cases Kelly v University of Southampton and
Klusova v London Borough of Hounslow.
TUPE
TUPE and foreign transfers, objecting to a
transfer by not going to work, whether TUPE can create new
employment rights and whether an employee can rely on a post TUPE
transfer variation in his contract which is to his or her
benefit. Philip Pepper introduces
Weightmans’ TUPE and Corporate Restructuring Forum, and looks at
some new case law.
Cases and legislation
We highlight new cases
and legislation of interest to local authorities in November and
December 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, who 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.