28/07/2022
LA Spotlight
Levelling Up Fund Round 2 application deadline extended
Our subsidy control specialists have been very busy over the last couple of months assisting local authorities up and down the land with the subsidy control assessments needed to underpin their applications for funding from the Levelling Up Fund Round 2. The Levelling Up Fund is a generous £4.8b fund targeted at local transport projects, regeneration and town centre investment and investment in cultural and heritage assets. It has been hugely rewarding to support our clients with their preparations for a wide range of ambitious and transformative projects which promise to generate huge local benefits and deliver on the levelling up agenda.
Despite a delay reportedly due to a technical problem, the portal eventually opened for applications on 15 July 2022 and the new deadline for receipt of applications is 12:00 noon on 2 August 2022. Applicants are advised to allow plenty of time to upload their responses and supporting documents to the portal to protect against last minute technical hitches.
An interesting element of the work has been the need to consider the impact which the funding could have on competition and investment within the UK and to build in a degree of competition law analysis. This has given us a sneak peak at what subsidy control compliance will look like when the Subsidy Control Act 2022 is implemented.
We wish all of our clients the greatest of success with their applications. Bevan Brittan’s wider team of legal specialists are available to provide expert support and guidance in relation to delivering the projects in due course, whether that is in relation to the preparation of suitably protective sub-grant agreements where funding is being cascaded to third parties, the procurement of contractors, advice around planning permission, compulsory purchase and land assembly or the drafting of construction contracts and other project documentation.
If you would like support in relation to a project, please contact Bethan Lloyd or David Hutton and we will be very pleased to discuss your requirements.
Net Zero
Heat Network Zoning is coming: what you need to know
Last month, the Government published its response to its initial consultation on heat network zoning in England.
The Government committed to the introduction of heat network zoning in England by 2025 in its 2020 Energy White Paper, given heat networks’ potential role in decarbonising heat and supporting the delivery of the UK’s net zero targets. Heat Network Zoning is seen as a tool to help achieve greater rollout of heat networks.
Here is a summary of the Government’s key decisions in their Consultation response below:
- A standardised methodology will be used to identify potential heat network zones, within which heat networks are the lowest cost solution for decarbonising heat;
- Local authorities will be given the power to act as or establish a local Zoning Coordinator role to undertake certain zoning functions including designating areas as heat networks zones;
- Within a zone all new buildings, large public sector buildings, large non-domestic buildings and large residential buildings which already have communal heating, or are underdoing major refurbishment, will be required to connect to a heat network within a prescribed timeframe;
- Building owners will be able to request an exemption from the requirement to connect in certain circumstances, for example where they have already installed low-carbon heating systems or the costs of connection to the heat network are prohibitive.
- Minimum carbon standards will be introduced for new networks in zones and new connections of existing heat networks in zones.
- Zoning Coordinators will have the flexibility to determine the delivery model of heat networks within their zones.
- Consumer pricing protections will extend to all consumers who are required to connect within zones, including non-domestic consumers.
- Zoning Coordinators will lead on local zone enforcement, with the ability to impose civil sanctions where requirements to connect buildings and heat sources, and the provision of information, are not met.
If you would like to discuss any aspect of heat network zoning in more detail, please get in touch with one of our Net Zero legal and commercial specialists Nadeem Arshad or Nathan Bradberry.
Legislation
Plans to bolster UK energy security set to become law
Department for Business, Energy & Industrial Strategy | 6 July 2022
The landmark Energy Security Bill, announced as part of the Queen’s Speech, was introduced into Parliament on the 6 July 2022 by Business and Energy Secretary Kwasi Kwarteng.
Publications & Guidance
Energy Security Bill: factsheets
Department for Business, Energy & Industrial Strategy | 6 July 2022
Factsheets relating to the introduction of the Energy Security Bill introduced to Parliament on 6 July 2022.
Help with energy efficiency, heating and renewable energy in homes
House of Commons Library | 5 July 2022
There are various support schemes available to support domestic energy efficiency, heating and power generation, which constituents may be able to access. These are outlined in this briefing, which also contains links to further advice.
Localis | 5 July 2022
Localis was commissioned by Liquid Gas UK to undertake a rigorous place-based analysis to investigate energy provision and decarbonisation in hard-to-reach and off-grid properties in rural areas. The intention in the report has been to devise a suite of localist policy recommendations that take in the entire ambit of the challenge of meeting Net Zero energy efficiency targets in hard-to reach, off-grid rural areas and properties in ways that align with:
- the decarbonisation promise of ‘clean growth’ and;
- the beneficial social impact of ‘good growth’ for local economic health and overall place prosperity and wellbeing.
The Creation of the UK Infrastructure Bank
National Audit Office | 1 July 2022
This report covers the Bank’s set-up, including HM Treasury’s planning before launch. It examines the Bank’s progress in implementing HM Treasury’s vision for the Bank, in terms of establishing structures and processes to pursue its objectives. It also looks forward to the main challenges facing the Bank, and how the Bank is preparing for them.
ECO4 Guidance: Local Authority Administration
Ofgem | 30 June 2022
ECO4 will be a four-year scheme and is intended to run from 1 April 2022 to 31 March 2026. The main objective of ECO4 is to improve the least energy efficient housing stock occupied by low income and vulnerable households. One route that can be used to identify these households is ‘ECO4 Flexibility’ (ECO4 Flex). Under ECO4 Flex, a participating Local Authority (LA), can refer private tenure households that it considers to be living in fuel poverty or on a low income and vulnerable to the effects of living in a cold home.
This guidance sets out opportunities for LAs and Devolved Administrations (DAs), to engage with energy suppliers on how suppliers meet their obligations to install energy efficiency measures in homes under ECO. This guidance document also outlines the requirements that are expected of LAs when referring eligible households for the scheme, and it provides information on the oversight and administration process.
2022 Progress Report to Parliament
Climate Change Committee | 29 June 2022
This statutory report provides a comprehensive overview of the UK Government’s progress to date in reducing emissions. It is accompanied by a new Monitoring Framework , which details the CCC’s updated approach to tracking real-world progress through a host of new indicators.
Tackling local breaches of air quality
National Audit Office | 17 June 2022
This report examines government’s progress in tackling local breaches of NO2 limits and gives an overview of its performance and approach to air quality more broadly. The National Audit Office evaluate whether government is on track to achieve value for money from its spending on the Programme, within the constraints imposed by the legal requirement to deliver compliance in as short a time as possible. While a significant part of their focus is on NO2, they recognise the level of concern about other pollutants, especially fine particulate matter, and that is covered in their broader overview of air quality.
Polluted rivers end construction of new homes
Local Government Association | 11 June 2022
More than seven per cent of all of England’s planned house building cannot go ahead due to river pollution levels, with further house building banned in other areas because of low water levels, analysis by the Local Government Association (LGA) has revealed. The LGA said its new analysis is a wakeup call on the need to protect our special habitats but said that limiting new developments alone will not be enough to improve the state of English rivers. This is because the majority of pollution is caused by agriculture and water companies.
News
Royal Borough of Kensington and Chelsea: Local Listed Building Consent Order
Local Government Association | 11 July 2022
The Royal Borough of Kensington and Chelsea is the first council in the country to introduce a new listed building consent order, giving consent for solar panels on most Grade II and Grade II* listed buildings, without the need for individual listed building consent.
Flexible salary sacrifice will help local authorities reach net zero
Local Gov | 11 July 2022
Local authorities can support their carbon reduction targets by encouraging more employees to use electric vehicles (EVs) through flexible salary sacrifice schemes, advises SOGO, a green mobility provider.
The MJ | 5 July 2022
Amid the cost of living crisis and the move towards net zero, Jonathan Werran calls on the Government to address the 1.1 million homes that live off the gas grid.
Ofgem commits to engage with councils under new 'decentralised' approach
Local Government Chronicle | 4 July 2022
Ofgem has announced plans to build more sustainable and affordable regional energy grids in order to support the UK’s transition to net zero. Distribution network operators (DNOs), who are responsible for regional branches of the national grid, will be expected to engage with local authorities as part of efforts to boost levels of reliability and system resilience.
National Housing Federation | 4 July 2022
Energy Performance Certificate (EPC) data is held by the Department for Levelling Up, Housing and Communities (DLUHC) and housing associations need access to it for planning retrofit work and bidding into the Social Housing Decarbonisation Fund.
Sizewell C and NSIPs through a local lens
Local Gov | 1 July 2022
As the county with one of the highest concentrations of major national infrastructure projects in England, Suffolk has been described as ‘NSIP central’ by some working in the Nationally Significant Infrastructure Projects (NSIPs) sector. The east coast is host to many renewable and low carbon generation and electricity transmission proposals necessary to deliver net zero.
England’s leaky homes will cost poorer families £250 extra a year in wasted energy
Local Government Association | 30 June 2022
Three million ‘fuel poor’ households - already struggling with the rising cost of living – are having to pay an extra £250 a year on average on fuel bills because of poorly insulated homes, new analysis by the Local Government Association (LGA) warns.
Councils invited to join community energy scheme
Local Gov | 29 June 2022
A new scheme aimed at bringing local authorities and communities together to help reduce carbon emissions and improve air quality has been rolled out across the country.
Court of Appeal upholds High Court decision limiting private law actions in pollution disputes
Local Government Lawyer | 28 June 2022
The Court of Appeal has confirmed a judgment of the High Court that affected parties do not have a right to bring private law actions against water companies over unauthorised discharges of sewage. In Manchester Ship Canal Co Ltd v United Utilities Water Ltd [2022] EWCA Civ 852 (27 June), Lady Justice Asplin – with the agreement of Lord Justice Arnold and Lord Justice Nugee – upheld the High Court decision that, even if sewage discharges are unauthorised, the law does not allow people directly impacted to bring private law claims against the companies involved.
Campaigners call for ’20-minute neighbourhoods’ to cut emissions
Local Gov | 28 June 2022
All new homes should be within 10 minutes’ walk from shops and schools if the UK is to reduce its carbon emissions, sustainable transport campaigners say. Sustrans is calling for the National Planning Policy Framework (NPPF) to refuse planning permission for new homes that are not within walking or cycling distance of amenities.
UK Infrastructure Bank targets clean energy
Public Finance | 23 June 2022
The UK’s £22bn infrastructure bank has said it expects clean energy will make up the largest sector in its investment portfolio as it unveiled its first ever strategic plan.
Local Government Association | 23 June 2022
In January 2021 the Apricot Centre carried out a study that highlighted a huge skills deficit in Regenerative Systems, holding back farmers, growers, and food systems workers from transitioning to regenerative farming methods. With natural capital becoming a key economic and environmental driver in the sector, equipping workers with the necessary skills to protect the land on which they work is crucial. Devon County Council supported the Apricot Centre to deliver a pilot training programme, helping local businesses to develop the required skills and to create new jobs in the sector.
75% of councils back charges for DIY waste at HWRCs
letsrecycle.com | 21 June 2022
Three-quarters of local authorities do not believe councils should accept household DIY wastes for free disposal at household waste recycling centres (HWRCs), a survey run by LARAC shows.
New fund opens to accelerate tree planting
Forestry Commission | 16 June 2022
Almost £8m has been allocated for local authorities to train and employ new staff - building local capacity to plan and deliver new woodlands.
Interest in council's waste service tenders 'halves in decade'
MRW | 16 June 2022
Only half as many contractors are showing interest in council waste contracts as did a decade ago, a report to Portsmouth City Council’s cabinet has said. The report by James Hill, director of housing, neighbourhood and building services, came as the council had to decide whether it was going to bring the service in-house once Biffa’s contract ends or go out to tender. The council decided on the 22 June 20022 to bring the service in-house.
Defendant found guilty of environmental offences after being caught burning waste by MOD helicopter
Local Government Lawyer | 15 June 2022
Wiltshire Council has successfully prosecuted a local resident for environmental and trading standards offences whilst he was operating a waste clearance service on Facebook selling sites across the county. The defendant, Corey Ross Carr, of Somerset Crescent, Melksham, was caught on video by a passing MOD helicopter in one case where he was depositing and burning waste.
Rising fuel costs hitting waste operations
letsrecycle.com | 13 June 2022
With diesel prices nearing £2 a litre for the first time, waste sector representatives have warned of the impact this is having on operations.
Local Government Lawyer | 13 June 2022
A legal campaign group has filed proceedings in the High Court against the water services regulator for England and Wales, Ofwat, over alleged failures to regulate sewage discharge into rivers, lakes and the sea.
Delivering Value
Children’s Social Care – new research published
As the many facets of the crisis facing children’s social care receives widespread reporting this month, the Local Government Association (LGA) has published its research on Form and function: exploring structural change in children's services.
The research examines three forms of such change including: alternative delivery models; partnership based models and the established of unitary authorities. The factors identifying as being key aspects to the driver for structural change relate not just to the structure being established itself but the close link back to the need to drive improvement and change in practice such as: a strong improvement inventive; efficiency and organisation resilience; capacity and change.
What is clear is that the appropriate context and enablers for such change need to be established (such as political impetus and governance and accountability), these are described as nine enablers for change – structural change creating the context of driving an environment to support change and improvement in social care practice.
Having advised and supported on the establishment and ongoing implementation of several children’s services alternative delivery vehicles for the provision of children’s social care (eight out of 10 of those established nationally), our team is well experienced in navigating through the myriad of the issues regarding the legal and governance context of such restructuring arrangements. Please contact Kirtpal Kaur Aujla should you wish to discuss further.
Publications & Guidance
What types of needs do children’s homes offer care for?
Ofsted | 8 July 2022
This report is based on data from children’s homes’ statements of purpose and aims to categorise children’s homes, by describing the services that they offer and the needs that they say they are aiming to meet, beyond the categories of registration recorded with Ofsted.
UK Parliament | 7 July 2022
System-wide failings are resulting in looked-after children receiving inadequate and 'unacceptable' education. Just 7.2% of looked-after children achieved the grade 5 ‘good pass’ threshold in English and mathematics GCSEs, compared to 40.1% of non-looked-after children; across the board, children in residential care at age 16 scored over six grades less at GCSE than those in kinship or foster care. Find the full report here: Educational poverty: how children in residential care have been let down and what to do about it
Children being denied chance to thrive – Ombudsman reports
Local Government and Social Care Ombudsman | 7 July 2022
Children are all too often being robbed of the chance to fulfil their potential, because some councils are not putting in place alternative education when they need it. If children cannot attend school for whatever reason, councils have a legal duty to assess the situation and decide if they must provide them with alternative education. But in nearly 90% of the complaints the Local Government and Social Care Ombudsman investigates, it finds something went wrong in how this should happen. Find the full report here: Out of school, out of sight? Ensuring children out of school get a good education
Local government financial statistics England 2022
Department for Levelling Up, Housing and Communities | 6 July 2022
The 32nd edition of ‘Local government financial statistics England’ brings together data collected from local authorities to provide a comprehensive overview of local government finance in England.
Form and function: exploring structural change in children's services
Local Government Association | 6 July 2022
The purpose of this research is to understand the lessons learnt by those councils that have undertaken large-scale structural change of children’s services, and to identify the key building blocks that ensure high quality services for children, young people and families in this context.
Reforming the Mental Health Act
House of Commons Library | 1 July 2022
This paper discusses the Government's White Paper on Reforming the Mental Health Act 1983, a summary of consultation responses and the Draft Mental Health Bill 2022.
Local Government Association on SEND demand: CCN research
County Councils Network | 29 June 2022
Today the Local Government Association (LGA) has released new data which shows that the number of children approaching councils in England for special educational needs (SEN) support has increased by a quarter in a year.
A plan for digital health and social care
Department of Health and Social Care | 29 June 2022
The plan for digital health and social care sets out a vision for a digitally enabled health and social care system and how we can achieve it – it collates existing digital strategies, plans and guidance into one single action plan. It is aimed at health and social care leaders across the system, and industry partners to help them plan for the future. In the document, we:
- make clear our priorities for digital transformation
- begin to set out the support that will be available to local systems to enable the changes that are needed.
Evaluating innovation in children’s social care
National Audit Office | 24 June 2022
The Department has already subjected its innovation projects to academic evaluation, and What Works for Children’s Social Care (fully operational since 2019) is reviewing the ongoing projects. We have designed this report as a case study of a department’s approach to using evaluation within a policy development cycle, covering how it:
- designs policy interventions with evaluation in mind;
- assures the quality of its evaluations; and
- uses the results of evaluation to inform the development of further interventions.
This report does not seek to examine the value for money of the Department’s innovation projects. What it provides is a factual account of the Department’s oversight and funding of innovation projects, and how it has used evaluation in its policy development process. Our focus is on the role of the Department, given its policy responsibility for children’s services.
County Councils Network | 23 June 2022
This month’s County Spotlight focuses on the current cost of living crisis, with inflation this week hitting 9.1% – a 40 year high. Since the turn of the year, county councils and unitary councils in county areas have been putting in place a series of measures designed to alleviate pressures on household budgets. This document shows how CCN’s member councils have effectively used the government’s Household Support Grant to distribute support to those who need it the most, quickly and effectively, working in partnership local partners.
High needs budgets: effective management in local authorities
Department for Education | 23 June 2022
This report provides examples of good or promising ways that case study local authorities are managing budgets for children and young people with high needs. It highlights practices which others in the sector could use to support high needs budget management and makes recommendations for local authorities based on the principles underlying these practices. This research informs the guidance for local authorities on sustainability in high needs systems.
Landscape Report: Spotlight on Culture
Community Leisure UK | 16 June 2022
Community Leisure UK is calling for ring-fenced financial support for culture to be extended beyond that of statutory library services. The member association for Charitable Trust in the UK has released its latest “Landscape Reports: Spotlight On Culture” which highlights big challenges facing cultural programmes and facilities.
New data strategy to drive innovation and improve efficiency
Department of Health and Social Care | 13 June 2022
Millions of patients will benefit from faster, more innovative treatment and diagnosis following publication of a new data strategy for health and social care. Our new data in health strategy, Data saves lives: reshaping health and social care with data, published today (Monday 13 June 2022), focuses on 7 principles to harness the data-driven power and innovation seen during the pandemic to drive transformation in health and care, creating a secure and privacy-preserving system that delivers for both patients and professionals.
News
Chiefs warn over ‘crisis’ in workforce capacity
Local Government Chronicle | 4 July 2022
Council workers are leaving for other jobs in the public sector partly because of low pay, contributing to a crisis in recruiting and retaining skilled staff. During a session at the Local Government Association conference last week experts highlighted the scale of the problem.
‘Unscrupulous’ tactics being used by children's social care agencies
Local Government Chronicle | 4 July 2022
Rising demand and scarcity of staff mean agencies are increasingly able to define the terms under which they operate. LGC has found evidence of agencies deploying controversial tactics to increase their grip on the market, making it more difficult for councils to stop using agency staff.
Council third party spend reaches £70bn
Local Gov | 4 July 2022
Local authority spend with third parties has continued to increase significantly and has almost reached the £70bn mark, new research reveals. New data released by Oxygen Finance shows that the increase in third-party spend in 2021 of £4.6bn (or 7% growth in spend) was almost double the increase in 2020 (£2.6bn, 4.3%).
Breakdown in NHS local relationships revealed as ICSs come into being
Local Government Chronicle | 1 July 2022
The establishment of new Integrated Care Systems has been compared to "an NHS steamroller coming down on us with a heavy hand", just as the new bodies are enshrined into law. Today ICSs are put on a legal footing under the Health and Care Act 2022. But earlier this week a Local Government Association conference panel heard how some NHS partners in ICSs are not showing “mutual respect” for their local government colleagues.
Treasury tells councils to prioritise core services amid inflation
Public Finance | 1 July 2022
Councils in England will need to tighten their budgets and prioritise spending on core services as inflation piles pressure on resources, a Treasury minister has warned.
Warning that lack of capacity could scupper 2030 academy target
Local Government Chronicle | 30 June 2022
Doubts have been raised about councils' capacity to meet the government's ambition for all schools being in, or in the process of joining, an academy trust by 2030. The plans were set out in the schools white paper, published in March, which also said that for the first time “local authorities will be able to establish new multi academy trusts where too few strong trusts exist”.
Gove confirms multi-year local government settlements
Public Finance | 29 June 2022
Levelling up Secretary Michael Gove has confirmed councils in England will receive two-year funding settlements from next year to help them plan with “a greater degree of confidence”.
Sharp rise in children with special needs approaching councils for support
Local Government Association | 29 June 2022
The number of children in England approaching councils for special needs support has increased by almost a quarter in a year, latest figures reveal, with 170 young people now starting support plans each day.
Local Government Association | 28 June 2022
Rising energy prices, spiralling inflation, and National Living Wage pressures are set to add £3.6bn in unforeseen extra cost pressures onto council budgets in 2024/25, new analysis by the Local Government Association reveals.
Fairness fears over new social care ratings
Local Government Chronicle | 29 June 2022
Senior figures have questioned the fairness of plans to start rating adult social care services with one word judgements when a new assurance regime comes into force next year. From April the CQC is to begin inspecting councils' delivery of adult social care services. Services will be given a judgment ranging from inadequate to outstanding, similar to those issued by Ofsted for children’s services. The health and social care secretary will also have power to intervene where a council is judged to be failing.
Better mental health support for people in crisis
Department of Health and Social Care | 27 June 2022
Patients to benefit from new mental health ambulances and improvements to crisis care backed by £150m as draft Mental Health Bill moves to next stage. Find the draft Bill here: Draft Mental Health Bill 2022.
Not enough money for adult social care reforms, say 98 per cent of councils in LGA survey
Local Government Association | 27 June 2022
Almost all councils (98%) responding to a LGA survey on the Government’s adult social care reform agenda say they do not have confidence that the funding earmarked for the reforms is sufficient.
Councils warn of pressure on sexual health services due to rising number of Monkeypox cases
Local Government Association | 23 June 2022
Councils and their local directors of public health are warning of growing pressures on local sexual health services due to people presenting with potential symptoms of Monkeypox. Current advice from the UK Health Security Agency (UKHSA) advises people who are concerned they may have symptoms of Monkeypox to ‘contact their local sexual health clinic’, leading to an increased number of patients visiting council commissioned sexual health services.
Homes for Ukraine scheme to begin processing applications from unaccompanied children
Department for Levelling Up, Housing and Communities | 22 June 2022
The Homes for Ukraine scheme will allow children and minors under the age of 18 who have already applied through the Homes for Ukraine Scheme to come to the UK without a parent or guardian. Find LGA’s statement here: Ukrainian unaccompanied children: Statement by the LGA
LGA - Unfunded National Living Wage increases would risk local services and jobs
Local Government Association | 21 June 2022
Paying the forecasted increase in the National Living Wage for the lowest paid council staff alone could cost councils at least £400m over the next two years, says the Local Government Association.
Over eight million households to get new cost-of-living payment from 14 July
Department for Work and Pensions | 15 June 2022
More than eight million households across the whole of the UK will get a cash payment from July to ease cost of living pressures, as the Work and Pensions Secretary Thérèse Coffey sets out detailed plans today.
Operational guidance to implement a lifetime cap on care costs
Department of Health and Social Care | 15 June 2022
From 4 March to 1 April 2022, the Government carried out a public consultation seeking views on draft statutory guidance setting out how a cap on care costs would operate in practice. The responses to the consultation have helped to refine the guidance. They will also help the government understand how it can support local authorities as they prepare to implement the charging reforms from October 2023. This is the formal government response to the ‘supporting local preparation’ part of the consultation.
County Councils Network | 14 June 2022
England’s largest councils today warn they could have to make in-year reductions to services and cancel or delay repairs to local roads and infrastructure as spiralling inflation adds over £1.5bn to their costs. The new figures, based on research conducted by the County Councils Network and the Society of County Treasurers, reveals that the estimated costs of inflation in 2022/23 for 40 of England’s largest councils has risen by 92% in just three months since they set their budgets in March.
Councils expect pool closures amid chlorine shortages
Local Government Chronicle | 13 June 2022
A countrywide shortage of chlorine due to production issues in China and the war in Ukraine means some councils plan to close their swimming pool facilities and amend timetables. The shortage is being attributed to a temporarily reduced supply in the UK, a backlog coming from China’s supply chain caused by Covid, a significant fire in a US chemical plant in late 2020, and worldwide transportation issues, with prices of the chemical being driven up by 50% to 60%.
Ofsted and CQC launch consultation on new inspection framework for SEND provision
Ofsted | 13 June 2022
Ofsted and the Care Quality Commission have today launched a consultation on proposals for a new joint framework for inspecting provision for children and young people with special educational needs and/or disabilities (SEND) within a local area. The new inspections will be introduced in early 2023.
Thousands more school and sixth form places to be
Department for Education | 10 June 2022
Thousands of new school places will be created for children in England, including for those who are living in disadvantaged areas, have special educational needs and disabilities (SEND), or require alternative provision. The government’s 55 Education Investment Areas, the local authorities where outcomes for pupils are currently weakest, will be prioritised for up to 15 new mainstream free schools.
Place & Growth
Reform to the compulsory purchase regime
Following an effort to make a faster, more efficient compulsory purchase system, the Government has published a consultation which may have a substantial impact on compensation payable following a Compulsory Purchase Order.
The measures being proposed in the Levelling-up and Regeneration Bill include:
- the introduction of conditional confirmations of CPOs
- the ability for compulsory purchase powers under CPOs to be exercised within a longer period than three years
- giving inspectors the ability to choose the appropriate procedure to confirm a CPO
- provisions to digitalise the CPO process and
- clarification that the compulsory purchase powers of a local authority include using those powers for regeneration purposes.
Hope Value
In addition to these measures, the government is also proposing to make changes to the compensation provisions associated with compulsory purchase where valuation takes into account prospective planning permission.
In the current regime, one of the elements of assessing the amount of compensation payable to a landowner is the hope value of the land. Hope value is the term used to describe the market value of land based on the expectation of getting planning permission for development on it. The Bill contains a suggestion to cap or remove hope value from the assessment of market value in order to give local authorities greater certainty on their cost estimates and to improve viability of a scheme. More of the land value could then be invested in additional public benefits.
Appropriate Alternative Development
Currently, a landowner can either apply to the local planning authority for a certificate of appropriate alternative development (CAAD), or to the Tribunal for a ruling on what development (if any) is “alternative appropriate development” (AAD). If it is established that development is AAD, when calculating the market value of land, it is assumed that planning permission for that development is in force on the relevant valuation date.
The Bill proposes to change the current CAAD process so that the assessment of value attributable to the likelihood of alternative development is more akin to normal market conditions and rebalance the position on costs and compensation between landowner and acquiring authority to a fairer one.
The suggestions propose to:
- reflect normal market conditions in compensation payments by only allowing the equivalent of planning certainty for appropriate alternative development if a CAAD is obtained in relation to that AAD
- establish a single route for determining hope value based on the likelihood of AAD, taking into account the assumptions in section 14(5) LCA 1961
- remove the requirement that acquiring authorities pay the costs of landowners in seeking a CAAD – if a landowner chooses to seek a CAAD then they can do so at their own cost and weigh the risks in doing so against the benefits to value that may materialise
- further streamline the process for obtaining a CAAD so that the ask on local planning authorities is simpler and clearer – local authorities will be asked to only issue a CAAD in relation to the type(s) of AAD applied for
- address the issue raised in Lockwood v Highways England Company Limited around the date of determination of a CAAD where the relevant valuation date has not yet occurred.
For further help and guidance on CPOs, please contact Kathryn Lawrance, Matthew Tucker
Legislation
The Building Safety (Leaseholder Protections) (England) Regulations 2022
This instrument introduces a requirement for landlords to provide information in relation to their group net worth, whether they are the developer or if they have any connection to the developer and their liability under the leaseholder protections provisions. It introduces the detail needed for landlords to determine the value of a qualifying lease, and a leaseholder’s maximum liability under the Building Safety Act 2022. It also provides for applications to the First-tier Tribunal and the High Court. Finally, it provides consequential definitions. The Regulations come into force on 20 July 2022.
The Building (Approved Inspectors etc.) (Amendment) (England) Regulations 2022
This instrument makes amendments to the Building (Approved Inspectors etc.) Regulations 2010 (“the 2010 Regulations”) flowing from the amendments to the Building Act 1984 made by section 48 of the Building Safety Act 2022. The changes to the Regulations remove the requirement for approved inspectors to declare they have insurance when submitting an initial notice, an amendment notice, a plans certificate or a final certificate. The Regulations come into force on 28 July 2022.
Publications & Guidance
Living in a COVID world: government response to the COVID-19 Committee's report
Department for Levelling Up, Housing and Communities | 7 July 2022
A response by the government to the COVID-19 Committee's report "Living in a COVID world: A long-term approach to resilience and wellbeing".
Unlocking the door: A roadmap for supporting non-UK nationals facing homelessness in England
Homeless Link | 29 June 2022
Over 2021-2022, Homeless Link and NACCOM – The No Accommodation Network conducted research with local authorities, homelessness and immigration stakeholders and people with lived experience of homelessness and restricted eligibility across England. With the support of partner areas Bedford, Haringey and Manchester, the research captured practice and policy lessons from the pandemic and tried to identify an achievable, long-term approach to better supporting this group. Based on this research, this report puts forward an ambitious but achievable roadmap for change for local authorities and Government to sustainably tackle homelessness among non-UK nationals with restricted eligibility.
Leaseholder protections: letter to building owners
Department for Levelling Up, Housing and Communities | 27 June 2022
The Secretary of State for Levelling Up, Housing and Communities has published a letter to building owners and managing agents setting out their responsibilities under the Building Safety Act. Leaseholder protections under the Act come into force on 28 June 2022, at which point it will become an offence to attempt to pass on costs for relevant work to qualifying leaseholders.
Understanding local authorities' views on a national road user charging system
Local Government Association | 27 June 2022
The LGA commissioned independent research to gather local government views, insights and priorities around a national road pricing system.
The end of 'no fault' section 21 evictions
House of Commons Library | 25 June 2022
A Bill will be introduced in the 2022-23 parliamentary session to abolish 'no-fault' section 21 evictions in the private rented sector. This paper covers the background and reactions to date.
Flood risk management and funding
House of Commons Library | 22 June 2022
This briefing paper provides an overview of flood and coastal risk management in the UK, including which bodies manage risk, current UK Government policy on flood risk management, and how flood funding works.
Gigabit-broadband: Funding for rural and hard to reach areas
House of Commons Library | 21 June 2022
A briefing paper on the UK Government's current and past funding programmes for gigabit-broadband roll-out, including Project Gigabit. These funding programmes are mainly aimed at rural areas that are not met by commercial investment.
A fairer private rented sector
Department for Levelling Up, Housing and Communities | 16 June 2022
This white paper sets out our plans to fundamentally reform the private rented sector and level up housing quality in this country.
Property guardians: headline report
Department for Levelling Up, Housing and Communities | 16 June 2022
This report presents the headline findings from a study to explore property guardianship in England. The findings are based on a survey of local authorities in England, interviews with local authority officers in 14 case study areas, and with 24 property guardians.
Social Housing Reform in England: What Next?
House of Commons Library | 15 June 2022
This briefing outlines the measures set out in the Government’s social housing white paper, stakeholder reaction and the next steps for social housing reform.
A voluntary Right to Buy for housing association tenants in England
House of Commons Library | 15 June 2022
This paper covers the commitment to extend the Right to Buy to housing association tenants. There’s no implementation date. The Government intends to work with associations to develop the scheme.
News
Derelict sites to be transformed into new homes as new brownfield fund opens
Department for Levelling Up, Housing and Communities | 8 July 2022
Derelict and underused brownfield sites across England will be transformed into thousands of new homes, creating thriving communities and levelling up the country - the Department for Levelling Up, Housing and Communities announced 8 July 2022. From today, councils will be able to apply for a share of the new £180m Brownfield Land Release Fund 2, which will help to transform disused urban areas into 17,600 new homes and create around 54,000 jobs over the next four years.
Communities to take back control over proposed street name changes
Department for Levelling Up, Housing and Communities | 5 July 2022
Residents and business owners will have the final say over whether their street name can be changed, the Department for Levelling Up, Housing and Communities announced 5 July 2022. The Government is setting out plans to empower local communities as part of its mission to level up across the country. All councils in England will need to get agreement from two-thirds of people who live or run businesses on a street before changing its name, subject to parliamentary approval.
Unscrupulous landlords who exploit vulnerable residents to be driven out of supported housing sector
Department for Levelling Up, Housing and Communities | 2 July 2022
Unscrupulous landlords who exploit vulnerable residents by charging high rents for poor-quality accommodation and offering almost no help will be driven out of the supported housing market by a new £20m government improvement programme launched 2 July 2022. Find the programme’s prospectus here: Supported Housing Improvement Programme prospectus.
Department for Levelling Up, Housing and Communities | 1 July 2022
The government has today (1 July 2022) launched a consultation seeking views from local authorities and other interested stakeholders on a review of funding arrangements and conditions for the Homelessness Prevention Grant for 2023/24 onwards. The Homelessness Prevention Grant is funding allocated to all local housing authorities in England. The consultation will run for eight weeks. Funding allocations will be finalised and announced later this year.
Social Housing Management Peer Challenge launched
Local Government Association | 30 June 2022
The LGA is launching a new peer challenge to support stock-owning councils to improve their management of social housing, in the context of the expectations outlined in the Government’s social housing white paper and recently published Social Housing Regulation Bill.
New police powers to crack down on unauthorised encampments come into force
Home Office | 28 June 2022
Trespassers who set up camp illegally on other people’s land or in local communities could face up to three months in prison from Tuesday 28 June, as a new criminal offence becomes law. Cracking down on antisocial people causing misery by setting up illegal camps and refusing to remove their vehicles, delivers on a key government manifesto commitment.
First area to spend Big Local £1.15m celebrates
Local Trust | 28 June 2022
The first of 150 areas taking part in a unique, long-term funding programme putting residents in the lead of local decision-making has distributed all of its £1.15m grant and delivered eight years of transformative community action and investment in four Northumberland villages.
Governance & Reorganisation
The Care Cap in adult social care funding - what are the implications?
Following its announcement to introduce a cap on care costs, earlier this year the Government issued guidance setting out how the cap will operate in practice:
Introduction of the Care Cap and more generous means test
From October 2023 the amount of personal care costs that any one adult should have to pay over a lifetime will be capped at £86,000. This will be implemented using existing provisions of the Care Act 2014 which are not yet in force.
In addition, the thresholds for means-tested care and support will be raised from £14,350 to £20,000 (lower limit) and from £23,250 to £100,000 (upper limit), meaning that more people will be eligible for local authority support towards their care costs.
Moving to a fair cost of care
The Government has recognised that council fee rates for care, have in many cases been unsustainably low. The Government plans to move towards a ‘Fair Cost of Care’ (FCC) and has announced central government money to help pay for this.
Implementing section 18(3) of the Care Act 2014
Currently, people who self-fund their care often end up paying higher fees, cross-subsidising those individuals currently funded at an unsustainable local authority funded rate. The Government intends to bring into force s.8(3) of the Care Act 2014 in October 2023 to allow privately paying care home residents to have their care arranged by the local authority at the usual council rate.
What are the implications of these proposals?
There are concerns about the financial stability of these proposals. The proposals as part of s.18(3) of the Care Act 2014 could have significant financial implications for those care home providers who rely on the cross subsidisation provided by their self-funded clients, as well as those providers with less room to adapt to a changing market. However, much will depend on the numbers of current self-funders who turn to their local authority for assistance with fee negotiations.
Central government funding is to be provided for FCC during 2022/23, however it remains uncertain how this will be funded beyond this date. Councils will also have to bridge the gaps brought about by the increase in thresholds for means tested care.
The above changes when taken together i.e. the introduction of the care cap, a more generous means test threshold, the fair cost of care and proposals to enable self-funders to be charged local authority fee rates, could lead to market instability. Instances of market instability have the potential to cause reluctance on the part of investors to invest in the care market.
The five early adopter sites (Wolverhampton, Blackpool, Cheshire East, Newham, and North Yorkshire) will tell us much about how local authorities and care sector react to the changes.
Next steps
The Care Cap is due to come into force October 2023 and from this date self-funders will be able to require their local authorities to arrange their care and manage their fees for assessed care needs in respect of care home placements.
More statutory operational guidance is due to be published prior to the implementation of the proposals in October 2023. This operational guidance will cover the calculation of the personal budget and independent personal budget for self-funders, which is the mechanism by which local authorities will keep track of an individual’s progress towards reaching the care cap.
For more information including FAQs please view our in-depth article or contact Vincent Buscemi.
Publications & Guidance
News release on letter to Secretary of State about the Elections Act 2022 – Voter ID
Association of Electoral Administrators | 11 July 2022
In a letter (dated 11 July 2022), the AEA state that with key policy detail still to be confirmed, and secondary legislation yet to be published, the Elections Act 2022 implementation timetable needs urgent review.
Signals of the future - horizon scanning for local government
Local Government Association | 29 June 2022
How can local leaders be given the space to consider potential solutions for tomorrow’s challenges, today?
Ahead of the organisation's 2022 Annual Conference, Ipsos was commissioned by the LGA to conduct a horizon scan and driver analysis of key issues in UK society, to provide insights into what the leading drivers of change are in the country today, and how these might play out over the coming five years.
Debate Not Hate: The impact of abuse on local democracy
Local Government Association | 28 June 2022
A call for evidence of abuse and intimidation of councillors was launched in October 2021. This report sets out the findings and recommendations for the future of local democracy.
News
Unions granted permission for pension judicial review
Public Finance | 6 July 2022
Two public sector unions have been granted permission for a judicial review against pensions proposals that would see younger members foot the bill for changes linked to the McCloud ruling.
New outcomes-based framework for improving and supporting local government digitalisation launched
Local Government Association | 6 July 2022
The LGA, Socitm and Solace have today come together to launch a joint new outcomes-based framework for improving and supporting local government digitalisation programmes.
Data breach fine threat lowered
The MJ | 5 July 2022
Councils are at lower risk of receiving fines for data breaches under reformed plans to regulate public bodies announced by the Information Commissioner’s Office.
All public buildings to have separate male and female toilets
Department for Levelling Up, Housing and Communities | 4 July 2022
All new public buildings should have separate male and female toilets, the Department for Levelling Up, Housing and Communities has announced. The approach will mean women, who may need to use facilities more often for example because of pregnancy and sanitary needs, have appropriate facilities.
Badenoch wants to work on tougher sanctions to tackle abuse
Local Government Chronicle | 1 July 2022
Kemi Badenoch has revealed she is keen to introduce tougher sanctions for bad behaviour by councillors, and that she and the secretary of state are “very much in favour” of allowing councils to hold remote meetings. In a session of the Local Government Association conference, the local government minister also expressed concern that the government’s devolution agenda could be derailed if the right calibre of local leaders do not step forwards.
Concern over lack of funding clarity in mayoral devo talks
Local Government Chronicle | 1 July 2022
The Treasury has not made it clear exactly how much funding is on the table for areas willing to take on a directly elected leader, prompting frustration from some in areas engaged in county devolution discussions with officials from the Department for Levelling Up, Housing & Communities.
Seven in 10 councillors have experienced abuse and intimidation in the last year – LGA survey
Local Government Association | 30 June 2022
Seven in 10 councillors reported experiencing abuse and intimidation within the last 12 months, with 1 in 10 experiencing abuse frequently, a new Local Government Association (LGA) Councillor Census reveals today.
ICO sets out revised approach to public sector enforcement
Information Commissioner’s Office | 30 June 2022
The Information Commissioner’s Office (ICO) has today set out a revised approach to working more effectively with public authorities. This approach, which is outlined in an open letter from the UK Information Commissioner John Edwards to public authorities, will see use of the Commissioner’s discretion to reduce the impact of fines on the public sector, coupled with better engagement including publicising lessons learned and sharing good practice. It will be trialled over the next two years. In practice, this will mean an increased use of the ICO’s wider powers, including warnings, reprimands and enforcement notices, with fines only issued in the most serious cases.
Local Government Lawyer | 29 June 2022
The High Court has found that the Local Government and Social Care Ombudsman (LGSCO) has an implied power to withdraw a final report and remake a decision where it considers it flawed by legal error, following a judicial review over its decision to walk back a finding of injustice at Tewkesbury Borough Council.
Gove says new body will 'shine light' on sector failures and successes
The MJ | 28 June 2022
Michael Gove has reaffirmed his plans to ‘shine a light’ on both the failures and successes of councils with a new Office for Local Government. In his speech to the annual Local Government Association conference at Harrogate, the local government secretary said he wanted ‘better marshalling of the data’ so it was easier to ‘navigate’ and the public could truly judge the performance of their council.
Councils told to improve on diversity
The MJ | 27 June 2022
Councils have a 'really bad brand and reputation issue’ and must get better at attracting talented and diverse staff, a panel has heard.
The MJ | 21 June 2022
Local authorities are large, complex organisations, providing difficult services with stretched budgets, under political pressure and public scrutiny.
LGA: Give councils flexibility to offer virtual meeting options and open-up local democracy to all
Local Government Association | 17 June 2022
Virtual and hybrid council meetings should be an integral part of the future of local democracy, councils say today – a year on since the Department for Levelling Up, Housing and Communities call for evidence for remote meetings closed. The LGA is urging the Government to finally address the future of remote and hybrid council meetings.
Union questions Government severance pay guidance
The MJ | 16 June 2022
Government advice that councils should reduce severance payments to bring them into line with the private sector is not based on any real evidence, according to the trade union for local authority chief executives.
LGPS urged to adopt ‘coherent’ regulatory framework
Public Finance | 16 June 2022
Local Government Pension Schemes should make a significant push to reform complex governance arrangements to offer a more joined-up and coherent approach, according to experts.
Pensions and Lifetime Savings Association | 14 June 2022
While the financial resilience and operational stability of the Local Government Pension Scheme is unquestionably strong, an independent research report by the Pensions and Lifetime Savings Association has made recommendations to fortify the scheme’s long-term sustainability.
Contract Management
Guidance on Monitoring and Reporting Cyber Security Arrangements
The Local Government Association has recently flagged some of the different ways of monitoring and reporting cyber security arrangements and controls specific to suppliers and their supply chains.
Cyber security is a constantly shifting risk landscape and effective cyber security and resilience requires continuous management and improvement. The threat may change throughout the life cycle of a contract as new vulnerabilities are continuously identified and technologies developed.
Over the life cycle of a contract, if you do not have a system to robustly monitor, manage and report on the cyber security arrangements and performance of the supply chain it might be difficult to embed and maintain resilience.
Notwithstanding the arrangement with the prime contractor, it is particularly important to remember that subcontractors ought to be considered throughout contract management as well. Cyber reporting across the supply chain is the key to embedding cyber resilience and security.
When awarding contracts and setting contract terms, ensuring that the contractor has full responsibility for its supply chain, flow downs to enforce rights with sub-contractors to ensure they continue on expiry or exit and reporting and audit rights also go some way to assist in management. Although, those rights then need to be consistently applied throughout the organisation and through the supply chain. The roles and responsibilities of all parties also need to be clearly defined and paired with a workable governance structure.
These processes need to be built in to day to day contract management processes.
We work with a number of public sector clients, including local authorities, in contracting for services and incorporating robust provisions to manage security and supply chains. If you require support on any IT contracting, please contact our specialist ICT team.
Legislation
The Local Government (Exclusion of Non-commercial Considerations) (England) Order 2022
Section 17(5) of the Local Government Act 1988 (c. 9) (the “1988 Act”) contains a list of matters (non-commercial matters) by reference to which public authorities may not exercise the functions listed in s.17(4) of that Act, which include functions in relation to proposed public supply or works contracts with the authority.
This Order provides for certain matters specified in the Order to cease to be non-commercial matters for the purposes of section 17 of the 1988 Act. The matters concerned are contracts under which supplies originate in the Russian Federation or the Republic of Belarus or where the location of the business activities or interests of a contractor is the Russian Federation or the Republic of Belarus.
This Order applies to all best value authorities within the meaning of section 1 of the Local Government Act 1999 (c. 27) and parish councils in England. The Order allows for these authorities to take comparable action to central Government departments, executive agencies and non-departmental public bodies, as set out in the Cabinet Office Procurement Policy Note – Contracts with Suppliers from Russia and Belarus (PPN 01/2022).
It came into force on 1 July 2022.
Publications & Guidance
Transforming Public Procurement - our transparency ambition
Cabinet Office | 30 June 2022
This document outlines the proposals to dramatically improve transparency of UK public contracts and spending in greater detail, covering:
- the vision for procurement transparency in the UK
- why this is needed
- what we are proposing to do
- the benefits this will bring
- where we are going to go from here
British Goods (Public Sector Purchasing Duty) Bill - Parliamentary Bills
Parliament UK | 29 June 2022
This Private Members’ Bill places a duty on public bodies to have a presumption in favour of purchasing goods of British origin in purchasing decisions; and for connected purposes. The Bill was presented to Parliament on 29 June 2022, the second reading is scheduled to take place on 16 September 2022.
The Procurement Bill - a summary guide to the provisions
Government Commercial Function | 16 June 2022
A summary of the proposed provisions contained within the Transforming Public Procurement Bill.
House of Lords - Third Report - Delegated Powers and Regulatory Reform Committee
Parliament UK | 14 June 2022
The Delegated Powers and Regulatory Reform Committee (DPRRC) has published its 2022-2023 third report of session. The report includes the Procurement Bill, the Identity and Language (Northern Ireland) Bill and Draft Legislative reform (Provision of Information etc. relating to disabilities) Order 2022. For the report’s discussion of the Procurement Bill, see here: Procurement Bill [HL] - House of Lords - Third Report - Delegated Powers and Regulatory Reform Committee.
News
Local Government Lawyer | 7 July 2022
Thirty-four MPs and a further thirty-three members of the House of Lords have called for a ban on the sale and operation of surveillance technology that is used by the majority of UK councils, over the companies’ alleged involvement in human rights abuses in China. In a joint statement, the cross-party group of MPs condemned the two companies, Hikvision and Dahua, for “their involvement in technology-enabled human rights abuses in China”.
Procurement Bill, Committee Stage, 4 July 2022
Local Government Association | 1 July 2022
We are concerned that the wording of the Bill will require the public sector to spend time and money seeking market solutions for goods and services which can currently be delivered effectively by collaborative arrangements within the public sector.
Authority to reverse energy contract termination
Public Finance | 15 June 2022
Following Russia’s invasion of Ukraine, Portsmouth City Council decided in March to terminate its contract with Gazprom Marketing and Trading, removing a link to the Russian state. However, the German government took full control of the organisation and its parent company Gazprom Germania in April, and the council’s cabinet is now set to vote on keeping the contract operational.
Disputes & Regulatory Support
ICO fines suggest the need to review email practises
The Information Commissioner’s Office (ICO) has now issued two monetary penalty notices under the UK GDPR where special category data was inappropriately disseminated via bulk email. Further evidence that relatively simple errors can have significant implications:
- Tavistock and Portman NHS Foundation Trust were issued a £78,400 fine on 30 June 2022 for accidently revealing 1,781 adult gender identity patients’ email addresses when sending out an email
- HIV Scotland was issued a £10,000 fine in late 2021 after it sent an email to 105 people which included patient advocates representing people living in Scotland with HIV. All email addresses were visible to the recipients and 65 of the addresses identified people by name.
As a result of these incidents, the ICO is urging organisations to revisit their bulk email practices. Common issues identified in these cases included: inadequate staff training, incorrect methods of sending bulk emails by blind carbon copy (‘bcc’) and inadequate data protection policy.
The ICO acknowledged that the fine levied against the Trust could have been significantly higher, but acknowledged the ICO’s new approach to working closely with public authorities to encourage compliance and prevent breaches before they happen, rather than simply taking action retrospectively. This approach was outlined in an open letter from the UK Information Commissioner to public authorities. It will see more use of the Commissioner’s discretion to reduce the use and impact of fines on the public sector and promote better engagement by publicising lessons learned and sharing good practice.
The fact that the ICO has issued two fines indicates that they expect action to be taken and all Data Controllers should be revisiting their practices particularly in relation to the use of emails and how to minimise inadvertent disclosure. The vast majority of data breaches are caused by simple human error, but the ICO’s decision to fine in these cases suggests that all Data Controllers need to take further steps to truly minimise risks.
Our team of information law specialists can support you in both avoiding or dealing with data law breaches should they arise.
Legislation
The Remote Observation and Recording (Courts and Tribunals) Regulations 2022
This instrument makes provision which is necessary for the power contained in section 85A of the Courts Act 2003 (as inserted by section 198 of the Police, Crime, Sentencing and Courts Act 2022) to be operative. It specifies the proceedings in which that power may be exercised, enabling any court, tribunal or other body that exercises the judicial power of the State (with the exception of the Supreme Court or a devolved court or tribunal) to make use, at judicial discretion, of the power to direct audio or video transmissions to remote observers in proceedings in which those observers are entitled to be present. These Regulations came into force on 28 June 2022.
News
Courts and Tribunals Judiciary | 8 July 2022
The judiciary and Ministry of Justice have a longstanding shared ambition to create One Judiciary. The principal aim of One Judiciary is to bring the courts and tribunals closer together to make better use of resources and to demonstrate that judges, whether they sit in courts or tribunals, are part of a single judicial family.
Local Government Lawyer | 5 July 2022
The average time for a care or supervision case to reach first disposal was 49 weeks in January to March 2022, up 6 weeks compared to the same quarter in 2021, Ministry of Justice data has revealed. The Family Court Statistics Quarterly: January to March 2022 noted that this was now at the highest levels seen in mid-2012.
Local Government Lawyer | 1 July 2022
The Court of Protection is unlikely to consider that the streamlined procedure is appropriate for authorisation of deprivation of liberty in the living arrangements of 16/17 year olds, a judge has said in KL (A Minor : deprivation of liberty) [2022] EWCOP 24.
Courts and Tribunals Judiciary | 30 June 2022
The Civil Justice Council has approved the creation of a Costs Working Group. The working group will consider four areas:
- A review of Costs Budgeting
- A review of Guideline Hourly Rates (GHRs)
- Examination of costs under pre-action protocols/portals and the digital justice system
- Consideration of the wider impact of the extension of Fixed Recoverable Costs (FRC)
The work will be overseen by a steering group. The steering group will liaise with a wider working group composed of representative interests, as necessary throughout the process.
Borough reaches settlement over PFI dispute
Public Finance | 29 June 2022
A London council has agreed a multi-million-pound settlement following a legal dispute over cladding fitted during refurbishments to a private finance initiative housing estate.
Contempt law under spotlight at government request
Law Gazette | 28 June 2022
The Law Commission of England and Wales has been asked by the government to review the 'disordered and unclear' law on contempt of court and consider ways to improve its effectiveness, consistency, and coherence. Among the possibilities is codification.
Court dismisses application by council for injunction in London square over PSED breach
Local Government Lawyer | 24 June 2022
An interim injunction prohibiting people from congregating in a Westminster square has been discharged after the Central London Court found it was obtained unlawfully as Westminster City Council had failed to have due regard to its equalities duties.
Charity supporting litigants in person launches emergency appeal amid fears of MoJ funding cuts
Local Government Lawyer | 24 June 2022
A charity that supports people going through court without representation as litigants in person has this week launched an emergency appeal in response to recent funding cuts. The charity, Support Through Court (STC), said that changes to the regular funding it receives from the Ministry of Justice (MoJ) have left it with a £400,000 shortfall which threatens to end its services supporting litigants in person.
Supreme Court hands down ruling on telecoms operators and code rights
Local Government Lawyer | 22 June 2022
The Supreme Court has handed down a ruling on how a telecoms operator who has already installed electronic communications apparatus on a site can acquire new or better code rights from the site owner. The case of Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2022] UKSC 18 [2022] UKSC 18 was heard by Lord Hodge (Deputy President), Lord Sales, Lord Leggatt, Lord Burrows and Lady Rose.
High Court deems Home Office guidance on no recourse to public funds unlawful
Local Government Lawyer | 22 June 2022
Home Office guidance on maintaining a no recourse to public funds (NRPF) condition on a child has been ruled unlawful by the High Court after the judge found its wording was similar to a document that was previously found unlawful by the Divisional Court.
Judge rejects legal challenge to decision-making for distributor road serving 7,500-home scheme
Local Government Lawyer | 21 June 2022
A judicial review challenging Wiltshire Council's decision-making in relation to a major new distributor road serving a large-scale development project, the Future Chippenham programme, has been dismissed by a High Court judge.
Bar Council urges political commitment to invest in local justice
Local Government Lawyer | 20 June 2022
Some 155 local authorities have no local active court compared to 178 that do, a new, live, interactive map of key national and regional data on access to justice across England and Wales produced by the Bar Council has shown. The ‘Access to Justice dashboard’, launched at the start of Justice Week 2022, includes information on active and closed courts, legal aid providers, and legal aid barristers.
Upper Tribunal dismisses HMRC appeal over leisure facility admissions charges and VAT
Local Government Lawyer | 17 June 2022
In Revenue and Customs v Chelmsford City Council [2022] UKUT 149 (TCC), the Upper Tribunal has dismissed an appeal by HM Revenue & Customs over the VAT liability for admissions charges for sports and leisure facilities provided by Chelmsford City Council.
Court of Appeal to hear case on housing authority duties to comply with Public Sector Equality Duty
Local Government Lawyer | 16 June 2022
The Court of Appeal has granted permission for a second appeal in a case that will consider the extent of a housing authority’s duties in complying with the Public Sector Equality Duty (PSED), Garden Court North Chambers has said.
Local Government Lawyer | 16 June 2022
Government plans to extend fixed recoverable costs (FRC) to all civil cases in the fast track up to a value of £100,000 risks the collapse of legal aid in housing cases. That warning has come from the Legal Aid Practitioners’ Group of the Housing Law Practitioners’ Association.
Local Government Lawyer | 14 June 2022
The Home Office is facing a judicial review over its decision to ignore a Grenfell Tower inquiry's recommendation to implement personal emergency evacuation plans for disabled people. Members of Claddag, a group of residents who are disabled or have health conditions and are living in homes affected by the cladding and building safety crisis, have sent a pre-action protocol letter that argues the decision is a breach of the public sector equality duty and the European Convention on Human Rights.
Local Government Lawyer | 14 June 2022
The Court of Appeal will this week (16 June) consider the role of local authorities, under the Care Act 2014, in respect of facilitating holidays and recreation for people with care needs. In December 2021 Mrs Justice Lang ruled in BG & Anor, R (On the Application Of) v Suffolk County Council [2021] EWHC 3368 (Admin) that Suffolk County Council was wrong to end payments for holidays and visits for two disabled adults.
Resource Library
Legal Update: Is a Collateral Warranty a Construction Contract?
Leasehold (Ground Rent) Reforms Act
Building Safety Act 2022 Published
Health Warning: Error in Homes England – Designated Protected Areas – Mandatory Buy-Back Lease
The End of ‘No-Fault’ Evictions?
Related Insights
Ten year enforcement period for unauthorised development comes into...
Apr 25 2024
The Town and Country Planning Act 1990 - new enforcements as of 25 April
Read More