Authority Update

Access to Information	Highways
Adult Social Services	Licensing
Asset Management	Litigation
Bribery and Corruption	Maladministration
Children's Services	Partnerships
Efficiency	Powers and Duties
Employment	Procurement
Equality	Rating
Finance	Regulatory Services
Health and Social Care	Standards
Bevan Brittan's Local Government Training Programme

 

Access to Information

Cabinet Office: Government launches one-stop shop for data: announces the launch of the data.gov.uk website that contains more than 2500 sets of data from across government with a new, open licence, which allows the data to be freely reused by anybody. All of the data is non-personal and in a format that can be reused by any individual or business to create innovative new software tools, such as applications about house prices, local amenities and services, or access to local hospitals. (21 January 2010)
The Government has set up a Local Public Data Panel that will champion the release of local public data and information sharing, accelerate progress in agreeing common standards for data released into the public sphere, and for making local public services better understood and more accessible.

Office of Communications v Information Commissioner [2010] UKSC 3 (Sup Ct): this appeal concerned the correct approach in law to a request for environmental information when the public authority holding the information relied upon more than one of the exceptions to the duty to disclose such information. The court held that the question was one of general principle, on which the courts below had expressed, and different members of the Supreme Court held, different views. It has therefore referred to the ECJ the question: Under the Access to Environmental Information Directive 2003/4, where a public authority holds environmental information, disclosure of which would have some adverse effects on the separate interests served by more than one exception (in this case, the interests of public security served by art.4(2(b) and those of intellectual property rights served by art.4(2)(e)), but it would not do so, in the case of either exception viewed separately, to any extent sufficient to outweigh the public interest in disclosure, does the Directive require a further exercise involving the cumulation of the separate interests served by the two exceptions and their weighing together against the public interest in disclosure? (27 January 2010)

If you wish to discuss any of the items noted in this section please contact Caraline Johnson.

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Adult Social Services

Cabinet Office: Supporting People - case studies in effective partnership: the Supporting People programme brings together the third sector, local authorities, health bodies and the Probation Service to deliver effective and innovative ways of helping vulnerable people get a home and a job. This report from the Office of the Third Sector and the Social Exclusion Task Force looks at four examples of effective partnership working to see what worked best, what has been learned so far, and where the opportunities are now that there is greater flexibility on how the money can be spent. (25 January 2010)

DH: Healthcare for people with learning disabilities: recommendations of the Parliamentary and Health Service Ombudsman: these letters from David Behan and Anne Williams to Directors of Adult Social Services (DASS) and SHA chief executives set out the action needed to respond to the recommendations of the Six Lives report, which highlighted failings in health and social care services that led to premature and avoidable deaths of people with learning disabilities. DASS are reminded of the need to work in partnership with NHS colleagues when reviewing and reporting progress on implementation of the Ombudsmen's recommendations. (27 January 2010)

DH: Charging arrangements for residential social care - consultation on issues concerning the current charging arrangements for residential social care: seeks views on four issues raised by a stakeholder group: 

• the treatment of personal injury compensation;
• the treatment of single premium investment bonds;
• the introduction of a new disregard for pre-paid funeral plans; and 
• deferred self top-ups during the 12-week property disregard.

The consultation closes on 23 April 2010. (29 January 2010)

 If you wish to discuss any of the items noted in this section please contact Caraline Johnson.

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Asset Management

DfT: Secretary of State's guidance note concerning procedure for sale of trust ports: the Government’s Operational Efficiency Programme sets out a policy framework to guide decisions on how activities using public assets will be delivered. It recognises that in seeking to deliver services more effectively with limited resources, there may be advantages in some cases to adopting alternative forms of ownership. The DfT has issued a Ministerial Statement setting out the factors that are likely to be particularly relevant to consideration of the appropriateness of sale of a major trust port. This guidance looks at the procedure for the voluntary sale of trust ports. It covers: liaising with the Department; scheme of transfer; publicising of sale and access to information; and arrangements for inviting and considering bids for trust ports. (25 January 2010)

If you wish to discuss any of the items noted in this section please contact Alison Buckingham.

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Bribery and Corruption

MoJ: Foreign bribery strategy: this strategy sets out a range of government work to reduce the involvement of UK nationals and companies in foreign bribery. It builds on the Government's anti-corruption work, complements existing international corruption strategies on anti-money laundering and asset-recovery, and aims to help the UK strengthen its reputation as one of the least corrupt countries in the world. It aims to: strengthen the law through the new Bribery Bill, which is currently progressing through Parliament; encourage and support ethical business; enforce the law against foreign bribery; and reduce the demand for bribery through international cooperation and capacity building. (19 January 2010)

If you wish to discuss any of the items noted in this section please contact Peter Keith-Lucas.

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Children's Services

Draft Children Act 2004 Information Database (England) (Amendment) Regulations 2010: these draft regulations amend the ContactPoint Regulations (SI 2007/2182) . The ContactPoint database was set up under s.12 of the Children Act 2004 to support practitioners, local authorities and other organisations in fulfilling their duties under s.10 (co-operation to improve well-being) and s.11of the 2004 Act (arrangements to safeguard and promote welfare) and s.175 Education Act 2002 (duties of LEAs and governing bodies in relation to welfare of children). The amendments do not affect the fundamental principles and design of ContactPoint but make practical adjustments in the light of users' experience. In particular, they will allow the database to hold information on all children “in the area of a local authority” in England, rather than only those who are “ordinarily resident in England”. (28 January 2010)

If you wish to discuss any of the items noted in this section please contact Caraline Johnson.

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Efficiency

Cabinet Office: UK Government ICT strategy: this strategy document sets out a plan for a smarter, cheaper and greener public sector ICT infrastructure, building on the Smarter Government programme. It aims to support existing core public sector goals, to improve public service delivery, to increase access to public services and to increase the efficiency of public service delivery through the use of ICT. It applies to all of the UK public sector and provides a common approach to ICT that maintains local accountability and control over implementation to meet unique delivery and business requirements. (27 January 2010)

If you wish to discuss any of the items noted in this section please contact Martin Carroll.

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Employment

Agency Workers Regulations 2010 (SI 2010/93): these regulations, which come into force on 1 October 2011, implement the Agency Workers Directive 2008/104 that establishes a general framework for protection of temporary agency workers by providing that the basic working and employment conditions (duration of working time, overtime, breaks, rest periods, night work, holidays, public holidays and pay) of temporary agency workers should be, for the duration of their assignment at a hirer, at least those that would apply if they had been recruited directly by that hirer to occupy the same job. The regulations' provisions are based on the agreement reached on 20 May 2008 between the CBI and the TUC that agency workers should receive equal treatment on basic working and employment conditions after 12 weeks in a given job. (21 January 2010)

If you wish to discuss any of the items noted in this section please contact Sarah Lamont.

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Equality

Government Equalities Office: The Equality Bill: Duty to reduce socio-economic inequalities - a guide: Clause 1 of the Equality Bill requires key public bodies (including local authorities), when taking strategic decisions, to have due regard to the need to reduce the inequalities of outcome that result from socio-economic disadvantage. This document is designed to form a bridge between the wording of the duty and the draft statutory guidance to go with it, on which the Government will be consulting in Summer 2010. It explains the background to the duty, the need for it, and how it will operate for each of the different types of public body that are covered by it. It also explains how compliance with the duty will be monitored, and answers the questions that have been put to the government in its discussions with stakeholders. (19 January 2010)

Government Equalities Office: Equality Bill: Making it work - Ending age discrimination in services and public functions: Policy Statement: sets out the Government's policy on ending age discrimination in services and public functions, in light of responses to the consultation on how best to achieve the aim of prohibiting unjustified age discrimination while allowing justified or beneficial practices to continue. It confirms that beneficial age-based treatment such as free bus passes, discounts for pensioners and students, and age-related group holidays will still be allowed; and the new law will ban harmful discrimination in health and social care, but allow a person’s age to be taken into account where it is right to do so. (26 January 2010)

If you wish to discuss any of the items noted in this section please contact Sarah Lamont.

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Finance

DCLG: Local government finance settlement 2010/11: the Secretary of State has anounced the finance settlement for the financial year 2010-11, which confirms the proposals set out in November for the distribution of formula grant for 2010-11. Local authorities will receive £76.2bn in 2010-11, a 4 per cent cash increase. No council will receive less formula grant than last year as the Government's damping mechanism that creates fixed 'grant floors' has been retained. The Government expects councils to play their part in delivering a low average level of increase and the Local Government Minister Barbara Follett has putting all authorities on notice that the Government will not hesitate to cap excessive council tax increases where necessary. This web page links to the report and to supporting information. (20 January 2010)

If you wish to discuss any of the items noted in this section please contact Bethan Evans.

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Health and Social Care

DH: Engaging and responding to your community - a brief guide to Local Involvement Networks: Local Involvement Networks (LINks) exist in every local authority area of England to give people more influence over how their local health and social care services are planned and delivered. This guide for health and social care managers explains more about LINks. It outlines how, through proactive engagement they can better understand the needs of their community. It highlights how working with the LINk should be a key part of commissioning, running and reviewing health and social care services. (22 January 2010)

IDeA: Reducing health inequalities - Beacon and beyond: sets out the experience of six Beacon authorities on reducing health inequalities, with case studies and 10 top tips for reducing health inequalities. It also looks at those strategic levers that are needed to succeed, and how these have been woven into the work of the Beacon authorities. (26 January 2010)

Conservative Party: A healthier nation - policy green paper no.12: sets out the Conservatives' manifesto on public health, in which they state that they will devolve much greater responsibility for tackling problems like obesity, drug use and teenage pregnancy to communities . It includes proposals for localised funding that will separate the public health budget from the budget for NHS services and devolve much more of the public health budget to local authorities and their health service partners. They will be paid a public health success payment for tackling problems like infant mortality, childhood obesity and sexually transmitted infections, and given financial rewards for reducing the future burden of disease and cost. Also, local directors of public health will manage budgets and will be obliged to commission local bodies, like schools, businesses, councils and GPs, to promote healthy living. With money behind them, they will have the power to recruit and pay innovative local organisations, whether businesses or charities, to start to implement new ways of promoting healthy choices and behaviour. (13 January 2010)

DH: Help shape your local health and social care - your guide to Local Involvement Networks (LINks): this leaflet advises members of the public on their right to be involved in discussions and decisions about health and social care services, and how they can influence the way services are run by sharing experiences and ideas with their LINk. (28 January 2010)

If you wish to discuss any of the items noted in this section please contact Caraline Johnson.

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Highways

DfT: Permit scheme - decision making and development: road works permit schemes were introduced under the Traffic Management Act 2004 to give local highway authorities more power to coordinate road works and to take tough action when they overrun. Once a scheme is in place, companies must apply for a permit before they start road works and abide by conditions on timing, coordination or the amount of road space to be left available to road users during the works.  Anyone who breaks the terms of their permit or works without a permit could be prosecuted and face a fine of up to £5,000. This guidance contains tips and suggestions on scheme development and application practicalities. It reflects experience and lessons learned during the development and approval of the first schemes. (25 January 2010)

If you wish to discuss any of the items noted in this section please contact Martin Howe.

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Licensing

DCMS: Consultation on proposal to clarify the definition of 'entertainment facilities' in the Licensing Act 2003: seeks views on a proposal to exclude the provision of musical instruments from the definition of entertainment facilities in the Licensing Act 2003, and clarify that entertainment facilities are not separately licensable if they are used solely for the provision of incidental music. Comments are required by 26 February 2010. (15 January 2010)

DCMS: Revised guidance under s.182 of the Licensing Act 2003: updates the guidance to take account of the new provisions under s.33 of the Policing and Crime Act 2009 (in force 29 January 2010) that enable councillors, in their capacity as elected members of the relevant licensing authority, to act as "interested parties" so that they can make representations to object to licence applications or call for a licensing review.  (29 January 2010)

Draft Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010: these draft regulations set out the five mandatory conditions which will apply to relevant premises licences and club premises certificates from 1 October 2010. The conditions apply to all relevant premises licences authorising consumption of alcohol on the premises, and to all relevant club premises certificates, with the exception of the condition in para.4 of the Schedule, requiring an age verification policy to be adopted, which applies in addition to licences for the supply of alcohol for consumption away from the premises. (29 January 2010)

If you wish to discuss any of the items noted in this section please contact Adam Kendall.

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Litigation

MoJ: Review of civil litigation costs - final report: this is the final report of Lord Justice Jackson's comprehensive review of civil litigation costs. His proposals include a wide-ranging package of reforms designed to bring costs under control and make them fairer, and cover a number of key areas, including qualified ‘one way costs shifting’ (whereby claimants will only make a small contribution to defendant costs if a claim is unsuccessful as long as they have behaved reasonably), defamation and judicial review. The report sets out a coherent package of interlocking reforms, which are designed to reduce litigation costs and to promote access to justice. (14 January 2010)
Bevan Brittan has published an Alert that discusses the implications of the report for public bodies: The Jackson Report on costs - implications for public bodies.

If you wish to discuss any of the items noted in this section please contact Emily Heard.

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Maladministration

LGO / PHSO: Environmentally unfriendly - a report of a joint investigation by the Parliamentary Ombudsman and the Local Government Ombudsman:  the two Ombudsmen have recommended that the Environment Agency, Lancashire CC and Rossendale BC pay £95,000 in compensation to Mrs D and her son for the years of extreme distress, aggravation and financial loss suffered after the three public bodies failed to stop a neighbour from using his land as an illegal landfill site. Mrs D and her son lived in a green belt area noted for its biological and archaeological heritage. From 2000-2007 thousands of tonnes of rubbish were illegally dumped, burned and processed on farmland a few metres from Mrs D’s home, enough to fill three Olympic-sized swimming pools. Their complaints about the damage the waste was causing to the environment and their property went unchecked for seven years. The Ombudsmen found that the three public bodies failed to work together despite the existence of a national protocol which clearly required a coordinated joint approach on waste enforcement. (20 January 2010)

If you wish to discuss any of the items noted in this section please contact Bethan Evans.

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Partnerships

DCLG: Research into multi-area agreements - long-term evaluation of LAAs and LSPs: this report looks at the negotiation and implementation of the first round of MAAs, focusing on why localities decided to create a partnership, what they hoped to achieve, and the implementation challenges for local partners, Government Offices and central government. There is also a summary of the key findings. (22 January 2010)

If you wish to discuss any of the items noted in this section please contact Bethan Evans.

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Powers and Duties