Local Government - June 2007

In this edition we look at bus regulation, Big Brother in the workplace, the workplace in Big Brother, human rights, discrimination and racism at work, school discipline, the danger of asbestos in schools, special educational needs, damages and care provision, creating a maintainable public highway, whether parents can sue child protection professionals, and a different perspective on the smoking ban.  We also include our regular digest of case law and new legislation.

Transport – bus regulation 

Is your Council happy with the way local bus services are operated?  The Transport Bill will alter the balance of power.  Andrew Sanderson and Claire Lefort explain the proposed changes of The Transport Bill.

Employment - human rights

Big Brother story number one.  Take care how you monitor your employees: following a recent European landmark ruling you may well be contravening the human rights of your employees if you monitor their email and telephone use.  Laura Kearsley considers how far you can now monitor what your employees get up to in the work place.

Employment – racism at work

Big Brother story number two.  Bollywood actress Shilpa Shetty could have a legal claim against Channel 4 following her treatment in the Channel 4 programme.  Kully Singh reviews the potential legal consequences of racism in the workplace, and what a employer should be doing - both to prevent it, and to protect itself should such bullying occur.

Discrimination 

Azmi v Kirkless MBC.     Laura Kearsley discusses the decision in this much publicised case of the Muslim teacher who was suspended for refusing to remove her veil in the presence of male colleagues.

Education - asbestos 

Exposure of asbestos kills 3,000 people in Britain every year.   Peppy Marshall considers how the Control of Asbestos Regulations 2006 affect schools and provides practical advice on managing the asbestos risk and what to do in the event of accidental exposure.

Education – discipline

The Education and Inspections Act 2006 includes key changes in the law relating to school discipline.  Eve Francis advises on the recent changes to schools’ powers and duties with regards to discipline and in particular in the areas of search, confiscation and detention.

Special Educational Needs

When can you appeal against the withdrawal of a statement that the Council is no longer obliged to maintain?  Eve Francis considers the case of Wolverhampton City Council v Special Education Needs and Disability Tribunal and Sally Smith.

Care provision and damages 

The Department for Constitutional Affairs has recently published a far-reaching paper looking at claims damages and in particular at whether tortfeasors should be responsible for the cost of care currently provided by local authorities after an accident. Andrew Cooper looks at the issues of the DCS Consultation on the law of damages and invites your views.

Highways 

Careful with those highways and planning agreements, you might be responsible for a new road sooner than you would expect.  Lalitha Sriharan looks at O’ Connor v Wiltshire County Council where the highway authority got too involved, too early.

Child protection

Lawrence v Pembrokeshire CC .   John Morrell looks at whether social workers and police officers investigating allegations of abuse owe a duty of care owed by to the parents of the children concerned, following a decision in the Court of Appeal.

Smoking ban 

We have looked at the enforcement of the new smoking ban legislation before, but what will it mean for licensees and managers of entertainment and leisure venues?  Peter Forshaw gives some practical advice on the smoking ban.

Cases and legislation 

We highlight new cases and legislation of interest to local authorities.   New cases and legislation updates May 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.