Local Government - September 2007
In this edition of our e-Bulletin for local and public
authorities, we highlight some changes in the law over the last two
months of interest to local authorities. In this edition we
look at human rights, information management, housing, licensing,
gambling, children and employment. We also include our
regular ethical standards clinic and digest of case law and new
legislation.
Human Rights
The Human Rights Act 1998 is nearly nine years
old, but still generates case law, particularly from damages
claims. Bob Hetherington discusses four
recent cases: on child protection, police work and special
educational needs.
Ethical Standards Clinic
In our regular feature, we answer some of the
questions that arise for monitoring officers under the ethical
conduct framework. This month we
discuss: how can a member challenge the investigating officer’s
report? Can the Leader represent a member at a hearing?
Does a member have a prejudicial interest in a hearing about his or
her conduct?
Information management
Should the Council tell a mother’s employer
that she had assaulted her child? Is a completed contract
commercially sensitive? Can civil servants’ advice be
accessed during a planning appeal? Is doctors’ pay
private. Simon Charlton
explains the principles that should govern information sharing
arrangements?
Housing – disabled tenants’ rights
The Court of Appeal applies the Disability
Discrimination Act 1995 to possession proceedings. Sian Evans looks at the implications of disabled
tenants rights and tenancy agreements
Housing – leaseholders’ rights
From the 1 October, leaseholders will have to
be given new information about their service charges, and their
rights to challenge them. Angela Penn
outlines new regulations under the Commonhold and Leasehold Reform
Act 2002.
Housing – right-to-buy and possession proceedings
If a former tenant breaches a suspended
possession order, can she continue to exercise the
right-to-buy? Belinda Moore looks at
Islington LBC v Manelva Honeygan-Green.
Licensing
What happens when a small police force
challenges a local authority decision to allow a new pub in a
leisure park – and who pays the legal costs? Hannah Pooley and Cambridgeshire Police Officers talk
about their battle with JD Wetherspoon.
Gambling
The Gambling Act is upon us, but will there be
a price to pay? Nelina Kime looks at
the Gambling Commission’s report on problem
gambling.
Children
We look at some recent developments in the
law. Morris Hill discusses new practice
directions, practice changes in adoption cases, whose resources can
be taken into account for SEN statements, and a case about the duty
to educate a child suffering alleged racial abuse and
bullying.
Employment – age discrimination
Less than a year from the legislation, age
discrimination case law is starting to come through. Paul McFarlane looks at a low award for
discriminatory retirement, a refusal to stay a case pending the
outcome of the Heyday proceedings, and a fair dismissal following
an invalid request to work beyond 65.
Employment – facebook: friend or foe?
Should an employer ban the use of social
networking websites at lunchtime? Laura
Kearsley explores the employment issues arising from social
networking.
Cases and legislation
We highlight new cases
and legislation of interest to local authorities in August
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