25/11/2022
LA Spotlight
We close out 2022 by shining a spotlight on delivering infrastructure after the Autumn Statement. The Chancellor devoted a whole section of his Autumn Statement to affirming the Government’s commitment to infrastructure spending. Debate continues about whether the money sitting behind that commitment is enough or targeted at the “right” projects.
For local government, there was a commitment that Round 2 of the Levelling Up Fund outcomes will be announced before the end of the year. Notwithstanding the great work that we have seen authorities putting into their bids (and had the pleasure to support), not every bid will be successful. Unsurprisingly, there have already been reports that the fund is oversubscribed. For those who are successful, the impact of inflation is yet to be seen. Round 1 recipients have not, as far as we are aware, been offered any further funding to offset inflation with the message being that projects need to adjust. If that remains the case, then successful authorities will need to swiftly undertake an assessment of the viability of their plans and any re-scoping that may be necessary to ensure they can be delivered. Focus can then turn to implementation.
The Bevan Brittan team supports authorities across the country on the preparation for and delivery of their infrastructure projects, fielding a team of commercial, construction, procurement/subsidy control, property and governance lawyers. For further information please contact: Kirtpal Kaur-Aujla, Helen Andrews, Rebecca Pendlebury, Bethan Lloyd.
Net Zero
Pass-through requirements for energy price support
In response to the unprecedented rise in energy prices, the government has introduced energy price support to shield households and businesses from spiralling prices such as the Energy Price Guarantee (EPG), Energy Bills Support Scheme (EBSS) and the Energy Bill Relief Scheme (EBRS).
In some situations this support may be provided to intermediaries (e.g. landlords, local authorities, heat network operators, EV charging operators) rather than directly to end users (e.g. tenants, heat/energy consumers).
Regulations came into force on 1 November 2022 requiring intermediaries to pass-through support to end users to ensure that this support is provided to the people and business it is designed to help.Some of the key features implemented by these regulations include:
- Intermediaries in receipt of support from the EPG, EBSS and the EBRS must pass on the benefit to end users.
- The precise sum that is passed through to the end user must be determined in a ‘just and reasonable’ manner.
- The passing on of the benefit may apply to both domestic and non-domestic to end consumers.
- If an intermediary fails to appropriately pass on the benefit to the end user, the end user may bring civil proceedings and may seek to recover sums due as a civil debt.
You can obtain further details regarding these regulations via these links:
- Guidance on the pass-through requirements for energy price support provided to intermediaries
- Guidance regarding the pass-through requirements specifically in relation to heat networks
If you would like to discuss the pass-through requirements and how it may affect you (for example as a landlord or as an operator of a heat network), please get in touch with one of our Energy and commercial specialists Nadeem Arshad or Nathan Bradberry.
Publications & Guidance
Government failing on pledge to lead the way to net zero
UK Parliament | 2 November 2022
The Public Accounts Committee published a report on 2 November 2022 criticising the poor quality of emissions measuring and reporting across central government.
The Public Accounts Committee argue that responsibility for emissions reporting is split across three departments and the guidance issued is too vague. This contributes to compliance on reporting standards being low across central government.
Despite the time and resources being committed by central government bodies, the Committee is not convinced that they or the wider public sector are using emissions data to drive decision-making.
UK Finance calls for “strategic reset” on Net Zero homes
UK Finance | 1 November 2022
On 1 November 2022, UK Finance released its report Net Zero Homes: Time for a reset. The Report proposes radical action to achieve a Net Zero housing stock in the UK as well as calling for a “strategic reset” in the way all actors, particularly government, deal with the number one policy issue facing future generations. The recommendations tackle the climate change challenge, but critically provide solutions to rising energy bills and their effect on the cost of living.
UK Infrastructure Bank Bill [HL] 2022-23
House of Commons Library | 31 October 2022
The UK Infrastructure Bank Bill 2022-23 would put the UK Infrastructure Bank on a statutory footing and clarify its powers to lend to local government. Second reading in the House of Commons took place on 1 November 2022. This paper summarises the background and content of the Bill and its House of Lords stages and contains links to its House of Commons stages.
Call for Government to “get a grip” on climate change impacts
UK Parliament | 27 October 2022
In a damning report published on 27 October 2022, the parliamentary scrutiny Committee, the Joint Committee on the National Security Strategy, cites some recent examples of the effects of severe weather Readiness for storms ahead? Critical national infrastructure in an age of climate change. These effects include:
- the deaths of three people from a train derailment in Scotland, after heavy rainfall in August 2020;
- almost a million people losing power, some for extended periods of time, after high winds brought down power lines in North East England and Scotland during Storm Arwen in November 2021, with associated communication outages; and
- a failure of railway drainage systems that nearly caused the National Blood Bank in Bristol to flood.
County Councils Network | 19 October 2022
A wholescale review of the planning reforms is needed if the government is to achieve its targets in housebuilding and economic growth, England’s largest councils say.
The County Councils Network (CCN) argues that strategic planning should be a major part of future proposals, likely to be put forward in a forthcoming Planning and Infrastructure Bill. This mechanism could be vital in delivering more homes, better infrastructure, and investment zones, county leaders argue.
The call is made in a CCN’s latest chapter of its Five Point Plan for County and Unitary Councils, Point 3 – Delivering housing, infrastructure & net-zero.
Government approach to large parts of waste crime "closer to decriminalisation" than tackling it
UK Parliament | 19 October 2022
In a report published on 19 October 2022, the PAC says that despite the antisocial, polluting and costly impacts of waste crime, Defra and the Environment Agency are making only “slow and piecemeal” progress in implementing the 2018 Resources and Waste Strategy - and there is still no strategy or plan for achieving its hugely ambitious target of eliminating waste crime by 2043. Four years into that 25 year target, measures central to achieving the aim such as digital tracking of waste are “not even at the pilot stage”.
Energy and emissions projections: 2021 to 2040
Department for Business, Energy & Industrial Strategy | 18 October 2022
The energy and emissions projections publication provides projections of energy, emissions and electricity generation under policies that have been implemented and those that are planned where the level of funding has been agreed and the design of the policy is near final.
The report contains projections of UK performance against national greenhouse gas targets under existing policies. It includes projections of the demand for each type of fuel in different sectors of the economy. The publication discusses the projected demand for electricity and indicates what mix of generation will meet it.
Hot off the press: Natural England’s research to support offshore wind
Natural England | 11 October 2022
Natural England published several research reports to inform and support the sustainable development of offshore windfarms, contributing to economic growth and energy security. This package of research will provide evidence that supports the government’s vision for 50GW of offshore wind by 2030, including 5GW of floating wind as included in the British energy security strategy. Sound evidence applied early is key to enabling timely decision-making throughout the consenting process. It supports our vision of thriving marine and coastal nature alongside low impact offshore wind energy, tackling both climate and biodiversity emergencies as set out in Natural England’s Approach to Offshore Wind.
Department for Business, Energy & Industrial Strategy | 1 November 2022
The autumn 2022 update on the Heat Networks Zoning pilot programme has been published. Over the last 8 months of activity on the pilot, the Department for Business, Energy & Industrial Strategy has built a prototype heat network zoning model, which they state is the key step in identifying heat network zones. The model will help the Department for Business, Energy & Industrial Strategy map where heat networks are the lowest cost low carbon solution to decarbonise building heating.
News
Councils warn EPR delay is an ongoing ‘high-cost burden’
MRW | 2 November 2022
Local authority bosses have warned the lack of progress on extended producer responsibility (EPR) is an ongoing “high-cost burden” on council budgets.
Update on progress on Environmental Targets
Department of the Environment, Food and Rural Affairs | 28 October 2022
There has been significant work undertaken to progress the ambitious environmental targets resulting from the Environment Act 2021. The Department of the Environment, Food and Rural Affairs (Defra) received over 180,000 responses from a range of individuals, businesses and other organisations to the target consultation which closed on 27th June 2022.
Government ‘undecided’ if mitigation hierarchy will apply in investment zones
ENDS Report | 26 October 2022
Whether or not environmental damage caused by development should be avoided before it is mitigated in investment zones is not yet decided, according to the government.
7 pressing green policy challenges Rishi Sunak must tackle as Prime Minister
edie | 26 October 2022
A little over three months ago, edie.net was covering Boris Johnson’s resignation as Prime Minister and outlining eight of the environmental policy updates which he had continued to be pressed on but ultimately failed to deliver. Fast-forward to the 26th October and, less than two weeks after Liz Truss’s resignation, Rishi Sunak is holding his first Cabinet meeting after conducting his first reshuffle. This updated article by edie.net sets out 7 pressing green policy challenges the new Prime Minister will face.
Guide to air quality procurement and policy setting published
Air Quality News | 26 October 2022
The latest Air Quality News Procurement Guide – provides guidance aimed at helping authorities and major stakeholders understand the latest air pollution technology, infrastructure and initiatives.
Quantifying the impact of low- and zero- emission zones
Clean Cities Campaign | 19 October 2022
This new research from the Clean Cities Campaign demonstrates the power of low-emission zones (LEZs) in helping to bring down harmful levels of air pollution in urban areas.
The findings reveal that LEZs – zones where access for the most polluting vehicles is restricted – have been shown to reduce nitrogen dioxide (NO 2) concentrations by around 20% in a wide range of conditions. The report also shows LEZs can improve air quality in areas outside the zone and prior to full implementation. The roll-out of zero-emission zones (ZEZs), that only allow for walking and cycling as well as the use of zero-emission vehicles, could have an even greater effect.
Durham County Council: Scaling on Street charging infrastructure (SOSCI) project
Local Government Association | 21 October 2022
Durham County Council (DCC) declared a climate emergency in 2019, and were keen to reduce carbon emissions, and work with partners and local communities to both lower air pollution and help residents save money on fuel costs. They found that 30%of their emissions came from road transport, and the council needed to support residents in making the switch to electric vehicles (EVs).
This was difficult for Durham with 40 per cent of residents living in rural areas, without a driveway or garage to charge an EV. DCC became part of a consortium, supported by Innovate UK to support those residents. DCC were granted funding to install 100 Electric Vehicle charge points (EVCPs) in the Durham area.
Greater Manchester: Your Home Better
Local Government Association | 21 October 2022
Nearly every home in the UK has the potential to use less fuel for heating, lighting and appliances. To support home and building owners with understanding how they can make their homes more energy efficient and comfortable, Greater Manchester set up Your Home Better, a one-stop-shop to support people with advice, finding contractors, as well as overseeing installation.
Warrington Borough Council: Investing in Renewable Energy with Community Municipal Bonds
Local Government Association | 21 October 2022
Councils that have declared a Climate Emergency may struggle to fund the measures needed to cut emissions in their area. Warrington Borough Council has piloted the use of community municipal bonds, a fundraising tool for local authorities, to fund renewable energy projects. Community municipal bonds allow councils to raise money directly from residents. In Warrington, the money raised has been used for low-carbon infrastructure, to speed up carbon emissions reductions and increase resilience to the pandemic.
Devon County Council: Commercially Recycling EV Batteries
Local Government Association | 21 October 2022
Devon County Council have supported Altilitech through the Green Innovation Fund to scale-up their proprietary process for recycling electric vehicle (EV) batteries to a commercial operation. Verified by the University of Plymouth, the innovative method recovers over 95% of the critical metals contained within spent batteries at a quality for reuse in new batteries. Altilitech operates under a circular economy model; retaining value in the local economy whilst reducing the toxic waste and emissions produced in mining.
Brighton and Hove’s Local Cycling and Walking Infrastructure Plan
Local Government Association | 21 October 2022
Brighton and Hove's Local Cycling and Walking Infrastructure Plan recognises and sets out plans to deliver the infrastructure needed to improve the city’s active travel network - creating the foundations to enable an active travel network where the whole community has the practical choices to travel by walking, wheeling, or cycling in a healthy and sustainable way.
Cheltenham Borough Council: Climate Impact Assessment Tool
Local Government Association | 21 October 2022
Cheltenham Borough Council has deployed its Climate Impact Assessment Tool within internal decision making processes to ensure new projects and policies are aligned with the Council's commitment to climate action. The tool is designed to enable officers and decision-makers to easily evaluate the environmental and social impacts of projects and policies from the very start of decision-making and project development processes. This 'from day one' approach results in more robust, climate-friendly projects and earlier opportunities to mitigate and improve the social and climate impacts of the Council's projects.
Lancashire County Council: Highways Decarbonisation Strategy
Local Government Association | 21 October 2022
In February 2021, Lancashire County Council adopted a resolution to set out on an ambitious carbon reduction and nature recovery strategy that seeks to 'transition the Lancashire economy away from carbon by 2030 and address the biodiversity crisis'. They recognised that the planned highway capital surfacing programme was a highly carbon intensive programme of works so have begun a journey to ascertain the carbon output of the programme, record and measure changes made to reduce carbon outputs and develop tools to eventually integrate carbon usage into the asset lifecycle modelling.
Leeds City Council: Low carbon heat network
Local Government Association | 21 October 2022
Leeds City Council and its network partners Vital Energi have delivered a £49m network of insulated underground pipes, supplying 15,400 megawatt-hours of heating last year, helping to reduce the city’s carbon footprint by more than 2,000 tonnes. The heat and hot water used in the system is produced from non-recyclable waste at the Recycling and Energy Recovery Facility (RERF), creating a reliable and affordable lower carbon alternative to traditional fossil fuel powered heating systems for connected buildings.
Local Government Lawyer | 20 October 2022
The High Court has given the Environment Agency (EA) eight weeks to devise a plan to deal with water abstraction issues in parts of the Norfolk Broads.
This followed Mr Justice Johnson having ruled in September in favour of claims by residents Timothy and Angelika Harris against the regulator by finding that that certain European nature conservation laws remain enforceable against the EA despite the UK having left the European Union.
Local Government Lawyer | 20 October 2022
The High Court has refused a judicial review claim that contended the water services regulator for England and Wales, Ofwat, had allegedly failed to regulate sewage discharge into rivers, lakes and the sea.
The claimant, campaign group Wild Justice, has vowed to appeal Mr Justice Bourne's conclusion in Wild Justice v The Water Services Regulation Authority [2022] EWHC 2608 that all four grounds advanced were inarguable.
Green Home Finance Innovation Fund competition - successful projects
Department for Business, Energy & Industrial Strategy |18 October 2022
A total of £1.8m grant funding was awarded to three organisations via the Green Home Finance Innovation Fund competition. A summary of learnings/insights from the delivery of successful projects has been published by the Department for Business, Energy & Industrial Strategy.
Heat Pump Ready Programme: Stream 1, Phase 2
Department for Business, Energy & Industrial Strategy | 17 October 2022
Heat Pump Ready Programme, Stream 1, Phase 2 competition aims to design and demonstrate innovative, optimised solutions and methodologies which deliver more cost-effective and high-density deployment of domestic heat pumps. The aim of this is to help to increase innovation and learning about the implications across:
- the local energy network
- the supply chains
- the approaches used to engage with consumers
Graham Stuart: More North Sea oil and gas ‘entirely compatible’ with UK’s net-zero transition
edie | 14 October 2022
New Climate Minister Graham Stuart has stated that the Government “remains steadfast” in its commitment to net-zero, despite its support for additional fossil fuel extraction and reports of plans to hamper solar development. This article scrutinises the Government’s position.
UKGBC announces new Task Group on renewable energy procurement
UK Green Building Council | 13 October 2022
The UK Green Building Council (UKGBC) has announced a team of cross-industry experts who will support delivery of new guidance on renewable energy procurement. This article contains a list of all the Task Group individuals supporting the project.
Public Sector Decarbonisation Scheme: Phase 3 (Phase 3b open to applications)
Department for Business, Energy & Industrial Strategy | 12 October 2022
The second Phase 3 application window, Phase 3b, is now open to applications. Phase 3b will provide up to £635m of funding over the financial years 2023 to 2024 and 2024 to 2025.
Govt not appealing ruling that Net Zero Strategy is unlawful
Friends of the Earth | 3 October 2022
The government has confirmed in a letter to the court and the parties involved in the case (Friends of the Earth, Good Law Project and ClientEarth) that it will not pursue an appeal against the High Court ruling that its Net Zero Strategy is unlawful.
Delivering Value
The Covid Inquiry Module 3 – here’s what we know
The Inquiry has revealed the provisional scope of Module 3, which will explore the consequences of the pandemic response on healthcare, including the manner in which healthcare systems responded.
The areas of focus
The Inquiry has identified 12 areas of focus for Module 3, which include:
- The impact of Covid 19 on peoples’ experience of healthcare
- Core decision-making and leadership within healthcare systems
- Staffing and capacity, including the establishment and use of Nightingale hospitals
- 111, 999 and ambulance services, GP surgeries, hospitals and cross-sectional co-operation
- Healthcare provision and treatment for patients with Covid-19, and the impact on those requiring care for reasons other than Covid-19
- Decision-making about treatment for patients with Covid-19
- The impact on staff
- Preventing the spread of Covid-19 within healthcare settings
- Communication with patients
- Deaths caused by the Covid-19 pandemic
- Shielding and the impact on the clinically vulnerable
- Characterisation and identification of post-Covid conditions.
What to expect and deadlines
The Inquiry has indicated, in recent preliminary hearings, that it intends to take a very focussed approach to information requests; more information about this may be made public in due time. Healthcare providers may be approached by the Inquiry and asked to provide documents, information, data, statements or other evidence.
The window for making an application for Core Participant status opened on the 8 November 2022, and closes on 5 December 2022.
Bevan Brittan is ready to healthcare organisations in the event that advice or support is required with responding to information requests, managing document reviews, or considering and preparing an application for Core Participant status.
If it would be helpful to have an informal discussion at this stage, please feel free to contact Melanie Carter, Partner, Daniel Purcell, Partner or Sarah Court-Brown, Senior Associate.
Publications & Guidance
Safeguarding Pressures Phase 8
Association of Directors of Children’s Services | 4 November 2022
ADCS has collected both qualitative and quantitative data from local authorities to evidence and better understand changes in demand for, and provision of, children’s social care.
Safeguarding Pressures Phase 8 Interim Report draws on qualitative and quantitative data from 125 local authorities, covering 83% of England’s child population, to evidence and better understand changes in demand for, and provision of, children’s social care. It provides an insight into the first two years of the pandemic period, from 1 April 2020 to 31 March 2022, and shows that the impact of Covid-19 continues to be felt in children’s lives, local communities and in public services. This, together with existing data, provides an insight into the safeguarding related pressures currently facing children’s services across the country.
14/2022: Council Tax information letter
Department for Levelling Up, Housing and Communities | 31 October 2022
This letter details the extension being provided for the core council tax rebate as well as information on the progress of rebate payments.
County Councils Network | 28 October 2022
The County Councils Network (CCN) says that the new government needs to begin ‘urgently’ implementing the key recommendations of an independent review into children’s social care, which concluded five months ago – and put council-run care services on a sustainable footing.
Failure to do so could mean that the number of vulnerable children being placed in council care could reach almost 100,000 by 2025 – up from 69,000 in 2015, with councils set to spend £3.6bn more a year on these young people compared to 2015. Left unchecked, the costs of children in council care could consume 60% of an average local authority’s budget by the middle of the decade.
The call comes in the last chapter of CCN’s Five Point Plan for County and Unitary Councils, which you can download here.
County Councils Network | 27 October 2022
With the new Chancellor Jeremy Hunt reportedly asking all government departments to look for further savings, the County Councils Network (CCN) warns in a letter to the Treasury that prospect of funding reductions on top of soaring inflation would be ‘unthinkable and devastating’ for services.
New analysis from the CCN reveals that county authorities in England are grappling with £3.5bn in inflationary and demand costs this year and next – which is more than double the expected rise.
Download the new CCN analysis Council Budgets 2022-24: Counting The Costs of Inflation here.
Local residents left in the dark about dangerous air pollution
UK Parliament | 26 October 2022
In a report the Public Accounts Committee says it is too difficult for the public to find information about air quality in their local area or what is being done by central and local government to address persistent breaches of legal air pollution limits, leaving them less able to take action to protect themselves. Poor air quality can cause significant damage to people’s health and harms the environment, but progress to address illegal levels of nitrogen dioxide pollution in 64 local authorities is slow, and current policy measures are insufficient to meet 4 out of 5 of the 2030 emissions ceiling targets set for the UK as a whole.
Care Quality Commission | 21 October 2022
The Care Quality Commission’s (CQC’s) annual assessment of the state of health and social care in England looks at the quality of care over the past year. This year – based on CQC’s inspection activity, information received from the public and those who deliver care alongside other evidence – the assessment is that the health and care system is gridlocked and unable to operate effectively.
House of Commons Library | 20 October 2022
This briefing paper provides an overview of the UK Government’s policies to support care leavers.
Integrated workforce thinking guide: Practical solutions to support integrated care systems
Local Government Association | 19 October 2022
This guide has been written to support employers in integrated workforce thinking, in line with delivering the ICS strategy.
Responding to fuel supply disruption: supporting the social care sector
Local Government Association | 14 October 2022
Lack of access to fuel has serious consequences for the social care sector. This publication has been developed with the Care Provider Alliance to support councils, local resilience forums and care providers in responding to future challenges around fuel supply.
Introducing Integrated Care Systems: joining up local services to improve health outcomes
National Audit Report | 14 October 2022
This report examines the setup of ICSs by DHSC, NHS England (NHSE), and their partners and the risks they must manage. Unlike many National Audit Office reports, this is not an assessment of whether the programme has secured good value for money to date because ICSs have only recently taken statutory form. Instead, it is an assessment of where they are starting from and the challenges and opportunities ahead. We make recommendations intended to help manage those risks and realise those opportunities.
News
Children’s services budgets need £778m this year just to ‘stay still’
Local Government Chronicle | 2 November 2022
There is “no more fat to trim” in children’s services budgets which now require £778m just to “stay still” amid soaring demand, England’s most senior children’s services director has warned.
Over 19 million households have received their council tax rebate
Department for Levelling Up, Housing and Communities | 31 October 2022
Over 99% of eligible households have received the government’s £150 core council tax rebate to help with the cost of living.
The MJ | 31 October 2022
Local areas are showing that positive changes can be achieved in High Needs in the current operating environment. And whether new legislation or funding come to pass, success will always be about local delivery.
Record numbers of staff working in the NHS
Department of Health and Social Care | 27 October 2022
Record numbers of staff are working in the NHS, latest provisional data published by NHS Digital shows.
Revealed: Counties face combined £500m budget black hole
Local Government Chronicle | 26 October 2022
England's county councils are facing a combined budget deficit of more than £500m - and former prime minister Liz Truss's home local authority is among those calling for action. Research by LGC has found that at least 17 of the county authorities have reported multi-million pound gaps in their 2023-24 finances.
Evaluating innovation and risk
The MJ | 27 October 2022
Camilla de Bernhardt Lane examines the value of scrutinising councils’ financial innovation and commercial opportunities.
Local Government Association | 26 October 2022
Gloucestershire County Council has taken a dynamic and innovative approach to recruitment and retention of social workers by working with students on placements, creating a successful 'Assessed and Supported Year in Employment' (ASYE) programme and providing progression opportunities to social workers throughout their careers.
Major reforms to NHS tech agenda accelerated
Department of Health and Social Care | 21 October 2022
The Department for Health and Social Care (DHSC) said the proposed transfer of NHS Digital’s functions into NHS England (NHSE) which were due to happen at the end of March 2023 would now happen in early January 2023.
Lewes District and Eastbourne Borough Council: Helping older people access support
Local Government Association | 20 October 2022
Recognising that online applications and attitudes to claiming financial support were low amongst older residents, the Council ran a multi-channel campaign to invite them to a drop-in benefits session at the council offices and assist them in claiming vital cost of living support.
The councils that could set up the first multi academy trusts
Local Government Chronicle | 19 October 2022
The DfE has said 29 local authorities registered an interest in establishing a multi academy trust (Mat) as part of its test and learn exercise but refused an LGC freedom of information request for the list of councils. But in their responses to the LGC’s questions, 17 councils said they had registered an interest, giving a variety of reasons for wanting to take part.
Government faces uphill battle to achieve 2030 academy target
Local Government Chronicle | 19 October 2022
LGC research suggests many councils are taking a ‘wait and see’ stance on setting up multi academy trusts.
Council cost pressures – a comment piece by Cllr James Jamieson
Local Government Association | 18 October 2022
"The Government needs to come up with a long-term plan to manage this crisis. Inflation is not going to come down overnight; reserves can only be spent once; a local service cannot be cut twice."
Buckinghamshire Council: Strong partnership links to support those most in need
Local Government Association | 18 October 2022
As a result of the pandemic and the financial difficulties being experienced by many, the government provided local authorities with grants to distribute to those most in need. Buckinghamshire Council set up a Helping Hand service to help administer the funds, working with partners in the voluntary and community sector to reach those really struggling.
Hundreds of thousands of eligible families miss out on Healthy Start Vouchers – LGA analysis
Local Government Association | 15 October 2022
As more and more families feel the strain as cost-of-living pressures increase, the LGA said it is calling on the Government to make vital changes to the scheme to ensure it helps families most in need.
Freedom Leisure | 13 October 2022
Freedom Leisure, one of the UK’s leading charitable and not-for-profit leisure trusts that manages over 100 leisure and cultural venues including over 60 swimming pools on behalf of client partners - teaching over 62,000 children to swim on a weekly basis - has had to announce the closure of the first of its swimming pools due to the crippling increases in energy prices.
West Hendon Playing Fields Masterplan
Local Government Association | 12 October 2022
In June 2021, the London Borough of Barnet approved the Outline Business Case for the development of an £18.8M strategic sports hub including a wider leisure and community offer at West Hendon Playing Fields.
Place & Growth
Recovering the cost of fire safety defects: Landlord and Leaseholder Certificates
Schedule 8 to the Building Safety Act 2022 introduced restrictions on the ability for a landlord to recover the cost of remedying fire safety defects from residential leaseholders in buildings over 11 metres in height.
With these restrictions in mind it is important for Landlords to be aware of the requirements to obtain Leaseholder Certificates and/or serve Landlord Certificates.
Landlord Certificates
A Landlord Certificate must be served on a leaseholder:
- When a demand is made for a payment of service charge to remedy fire safety defects
- Within four weeks of notification from leaseholder that the leasehold property is to be sold
- Within four weeks of the landlord becoming aware of a fire safety defect, or
- Within four weeks of being requested to do so by a leaseholder.
The Landlord Certificate will confirm, amongst other things, whether:
- The relevant Landlord’s group has a net worth of at least £2m multiplied by the number of relevant buildings in which the landlord holds a lease of all or part of it (the ‘contribution condition’) – though it should be noted that the ‘contribution condition’ test in paragraph 3 of Schedule 8 to the Act does not apply to local authorities or private registered providers of social housing; and
- The relevant landlord (or associate of the relevant landlord) was responsible for the fire safety defect in question in that it undertook or commissioned works relating to the defect.
There are further onerous requirements that must be complied with in order for a relevant landlord to issue a valid Landlord Certificate. These are set out in the Building Safety (Leaseholder Protections) (England) Regulations 2022. It may be that the Landlord needs to liaise with third parties in order to provide the required information and this will pose timing difficulties in some cases.
If the Landlord meets this criteria, it will not be able to recover a service charge to remedy the cost of relevant defects from qualifying leaseholders.
Leaseholder Certificates
A Leaseholder Certificate confirms whether the dwelling in question was the leaseholder’s only or principal home. With this information the Landlord can then establish if the lease benefits from enhanced protections under the Building Safety Act 2022 such as service charge caps.
Where the leaseholder of this type of building has the benefit of a lease for a term longer than 21 years, granted before the Schedule 8 of the Building Safety Act 2022 came into force on 14 February 2022, Landlords are required to serve notice and a copy of the form of Leaseholder Certificate on the leaseholder. The content of the notice is dictated by the Act and notice must be served within five days of the landlord becoming aware that the leasehold interest is to be sold, or that there is a fire safety defect in the building.
Sanctions
It is crucial for Landlords to be aware of, and able to comply with, the provisions of the Act by issuing Landlord Certificates whenever required. This is because a failure by a Landlord to serve a Landlord Certificate will result in the law treating the landlord as being responsible for the defects in question (thus debarring the Landlord from recovering service charges in relation to those defects, whether the Landlord was actually responsible for the defects, or associated with anyone responsible for them, or not).
For more information on building safety, please contact Steven Eccles.
Legislation
Transport Strikes (Minimum Service Levels) Bill
To make provision about minimum service levels in connection with the taking by trade unions of strike action relating to transport services.
Publications & Guidance
Combined authorities and the creative industries
Local Government Association | 4 November 2022
This report explores the role of combined authorities in relation to the creative industries and the potential of new opportunities for combined authorities to fulfil this role.
UK Parliament | 2 November 2022
Urgent financial support is needed for theatres, museums and leisure centres facing an ‘existential threat’ from the cost-of-living crisis, MPs say today in a Report warning that the Government needs to tackle geographical funding imbalances for arts and culture if it is to fulfil its commitment to ‘levelling up’ the UK.
Place-based adult skills and training
Local Government Association | 26 October 2022
Improving adult skills is vital to individual progression in work and to the productive growth of the economy. The LGA commissioned this study, by the Heseltine Institute at the University of Liverpool, to evidence the continuing need for improved adult skills and the contribution of local government to delivering inclusive, economically relevant and place-based training.
Inquiry into the Levelling Up White Paper
Devolution All-Party Parliamentary Group | 26 October 2022
MPs have today called on the new Government to rethink a culture of centralisation that is leaving local areas behind. The Devolution APPG has produced a landmark report into the Levelling Up White Paper, having heard evidence from local government leaders, academics and businesses.
Transport Strikes (Minimum Service Levels) Bill 2022-23
House of Commons Library | 26 October 2022
This briefing will discuss the Government's Bill to make provision about minimum service levels in connection with the taking by trade unions of strike action relating to transport services.
Regulator responses to Social Housing report published
UK Parliament | 24 October 2022
The Levelling Up, Housing and Communities Committee publishes the Regulator of Social Housing’s response and the Housing Ombudsman’s response to the Committee’s report on the Regulation of Social Housing (which was originally published on 28 July 2022).
RSH identifies key risks facing social housing sector in 2022 and beyond
Regulator of Social Housing | 20 October 2022
The Regulator of Social Housing today (20 October) sets out its view of the key risks and challenges facing the social housing sector. Against a very challenging and fast-moving economic backdrop, the Sector Risk Profile highlights a significant number of specific risks for social housing providers that boards need to manage in meeting the regulator’s standards. Some areas of risk are also relevant to councillors where their authority is responsible for local authority homes.
Improving health and wellbeing through housing: A High Impact Change Model
Local Government Association | 7 October 2022
The Improving Health and Wellbeing through Housing High Impact Change Model (HICM) aims to support local care, health, and housing partners to work together to deliver the range of housing that is most effective in enabling older people and other people with health and care needs to live independently and to shape local housing markets and services to achieve this. The model encourages local partners to integrate housing delivery with local health and care commissioning and service provision.
Community engagement commitment key to connected society, Localis toolkit indicates
Localis | 3 October 2022
Independent think-tank Localis has today published a policy toolkit setting out how councils should seek to work with their communities to make residents feel pride in their place. Entitled ‘The Connected Society’ the practical study draws on the experience of Kensington and Chelsea Council’s efforts to transform how they increase participation of local people in the wake of the COVID-19 pandemic by improving citizen engagement.
News
Ombudsman issues call for evidence on record keeping
Housing Ombudsman | 8 November 2022
We have issued a call for evidence to support our next systemic investigation which will look at record keeping and data management. This has been a consistent theme found in our casework with 67% of investigations upheld in 2021-22 involving poor records.
Four-fifths of councils running out of accommodation for homeless people
District Councils' Network | 2 November 2022
Councils are running out of temporary accommodation in which to house growing numbers of people who are becoming homeless, exclusive research reveals.
Home Office to place more asylum seekers in city hotels
Local Government Chronicle | 1 November 2022
Several local authorities have been informed by the Home Office that they have been chosen to host asylum seeking families needing support and accommodation. The Government is looking to relocate asylum seekers from tented accommodation to self-catered accommodation during the winter months.
Sunderland City Council: 5G Connected and Automated Logistics
Local Government Association | 21 October 2022
The pioneering 5G Connected and Automated Logistics (5G CAL) pilot is the first in the UK to evaluate the potential of next generation technology in overcoming barriers for a more efficient future for last mile logistics. The pilot focused on understanding and utilising ground-breaking 5G technology in an operational automotive environment, to develop the UK’s first zero emission automated logistics HGV. The Council are now planning and delivering a series of projects to develop the technology and establish a testbed for connected and automated logistics in the North East.
Local Government Association | 21 October 2022
The Cornwall Council Design Guide supports the Cornwall Local Plan, by offering a comprehensive guide to design quality in Cornwall. By providing clarity on what is expected from development in Cornwall, the Council is helping to inspire and guide the delivery of high-quality places to live, that respond positively to cross-cutting issues like climate change adaptation, nature recovery creating healthy environments and enhancing the distinctiveness of Cornwall.
City of York Council: Towards Long Term Flood Resilience for the City of York
Local Government Association | 21 October 2022
Storms Desmond and Eva in late December 2015 led to record river levels in many river catchments, 453 properties and 174 businesses flooded in York. The Environment Agency and City of York Council were successful in attracting funding to renew existing and provide new flood defences. The York Five Year Plan was developed and detailed business cases and designs for schemes in 19 flood cells across the city have been delivered. An adaptive approach to flood resilience has been developed, work programmes to develop increased flood storage and the incentivised delivery of natural flood risk management measures have commenced.
Building Safety Regulator calls on residents to have their say
HSE Media Centre | 19 October 2022
The Building Safety Act 2022 requires the Building Safety Regulator (BSR) to set up a panel to help the regulator with its work and to help shape policy and guidance. Residents of high-rise buildings in England can now apply to be a part of a Residents’ Panel, ensuring their voice is heard during the development and implementation of the new building safety regime. The regulator is looking for twenty people to form the panel. It will be made up of a broad representation of residents from different locations, housing types and demographics.
Social rent cap could cost councils more than £3bn in five years
Local Government Association | 19 October 2022
“With more than one million people on council house waiting lists and the retrofitting of existing housing stock key to the country’s net zero goals, imposing a cap would have a hugely detrimental impact to those efforts.”
Department for Transport | 18 October 2022
A new-age road camera designed to identify and track drivers who break the law by revving engines and using modified exhausts will be installed in Bradford today (18 October 2022), before travelling to South Gloucestershire, Great Yarmouth and Birmingham as part of a trial to clampdown on antisocial driving.
Government could phase in investment zones
Local Government Chronicle | 11 October 2022
The government could phase in investment zones if the Department for Levelling Up, Housing & Communities receives a very large number of expressions of interest.
Governance & Reorganisation
Is there more to governance than finance?
It certainly seems to be one of the issues we write most about. Just last month we were discussing lessons learned from recent public interest reports (PIRs). Since then we have lost our shortest-serving Prime Minister Liz Truss and had to digest a challenging Autumn Statement.
It is not too surprising then that we find our local government headlines dominated with concerns of bankruptcy and s114 notices, and that is if you are ‘lucky’ and are still only threatened with potential financial ruin. For others, such as the London Borough of Croydon, the outlook is far bleaker, having been forced to issue their third bankruptcy notice in two years.
Whilst the Government has relaxed the referendum rules for increases in council tax, allowing for an increase of up to 5% including the social care precept, for many councillors this will just be too unpalatable a choice amidst soaring energy prices and a cost of living crisis pushing more families than ever into hard choices.
Even though there appeared to be more money on the table than had been expected for local government, there remains a lack of strategic or long term planning to stabilise local government. There is an uneasy sense of foreboding inevitability of yet more crises still to come.
The state of politics and the world right now is having a seismic effect on local authorities and the people they serve – financial difficulty, the climate in crisis, prediction of the longest recession on record and the list goes on. Political upheavals aside, the Government will be reacting to greater demand on social services, housing crises, ‘levelling up’, food and fuel poverty, by asking more of local authorities – and establishing new rules about how it is to go about addressing that, to access funding and so forth.
Things are changing on a daily basis. If you have any questions regarding financial management and governance issues, please contact David Kitson, Philip McCourt or Victoria Barman.
Publications & Guidance
System of government in England in need of serious overhaul, say MPs
UK Parliament | 31 October 2022
The governance arrangements for England are not fit for purpose and in urgent need of comprehensive reform argues a new report by the Public Administration and Constitutional Affairs Committee.
The UK Government wields too much power in England, with a Whitehall culture “unwilling to let go of powers”, and an instinct to “control the purse strings”. This causes people in England to lose out on the benefits of having policies adapted to local areas and needs. Read the full report.
“Challenges lie ahead” for elections regulator in navigating complex law
UK Parliament | 31 October 2022
The recent Elections Act is a “missed opportunity” and has made electoral law more complicated. “Challenges lie ahead” now for the Electoral Commission in supporting voters, campaigners, and electoral administrators, to understand and navigate the changes ahead of elections in May 2023, when voters will be required to produce ID at the polls to vote. Read the full report.
House of Commons Library | 26 October 2022
The Elections Act 2022 will introduce the requirement to show photo ID at UK Parliamentary elections, police and crime commissioner elections and at local elections in England. This briefing looks at the background to voter ID in the UK.
Committee on Standards in Public Life | 20 October 2022
Lord Evans has written to the Rt Hon Simon Clarke MP, Secretary of State for Levelling Up, Housing and Communities, in light of the Government’s recent response to the Committee’s 2019 report on Local Government Ethical Standards.
Lord Evans expressed disappointment that many of the Committee’s recommendations had not been accepted by the government despite clear evidence that the sector backed our call to strengthen the arrangements in place to support high ethical standards. Lord Evans urged the government to the reconsider the Committee’s recommendations.
House of Commons Library | 21 October 2022
This briefing outlines the system of recall of MPs in the UK.
Parliamentary boundary reviews: public consultations
House of Commons Library | 19 October 2022
Constituencies are reviewed periodically by independent Boundary Commissions, one for each part of the UK. This briefing outlines how the public can get involved in the consultation stages.
News
Which areas could be next in line for devolution deals?
Local Government Chronicle | 8 November 2022
Despite the delays in finalising first wave deals, some areas are already preparing for the next round of talks.
Progress on devolution deals ‘a bit of a mess’
Local Government Chronicle | 7 November 2022
In February the government promised devolution deals ‘to every part of England that wants one by 2030’. LGC looks at progress so far.
FRC publishes latest local audit inspection results
Financial Reporting Council | 28 October 2022
The Financial Reporting Council (FRC) has today published its inspection findings into the quality of major local body audits in England, which includes large health and local government bodies.
Durham asks to join North East neighbours to form mayoral combined authority
Local Government Chronicle | 28 October 2022
Durham has asked to join the six other authorities in the North East to form a new mayoral combined authority, instead of striking its own county deal.
Survey finds 90% of election officers 'little or not at all' prepared for voter ID
The MJ | 25 October 2022
Almost 90% of elections officers say they are little or not at all prepared for rolling out voter ID requirements, according to a Government survey. Returning officers and electoral registration officers were asked to rate their understanding and preparedness for a range of reforms by the Department for Levelling Up, Housing and Communities.
Sector isn't ready to implement Elections Act, senior councillors say
Local Government Chronicle | 24 October 2022
Senior councillors are concerned about a "real danger" to residents' confidence around voting, if councils are not given enough time to implement the Elections Act 2022. During a meeting of the Local Government Association’s executive advisory board, discussion focused on the resource and time needed to ensure the introduction of mandatory voter identification does not impact on the veracity of future elections.
Greater Lincolnshire could be first in the queue for any future devolution deals
Local Government Chronicle | 21 October 2022
Councils in Greater Lincolnshire have agreed to have a bid ready by Christmas to form a mayoral county combined authority, although tensions are emerging between the upper and district tiers over the pace of progress.
Exclusive: Hundreds applied for still vacant levelling up director roles
Local Government Chronicle | 21 October 2022
Over 500 people applied to become a levelling up director but just a handful have been interviewed and no appointments have been confirmed, LGC can reveal. The Department for Levelling Up, Housing & Communities advertised the roles in the spring after the positions were announced in the levelling up white paper that was published in February.
Exclusive: Cornwall on brink of agreeing mayoral model but public may get final say
Local Government Chronicle | 19 October 2022
Cornwall is in the final throes of finalising a devolution deal, but the decision to adopt a mayoral model may be put to its residents in a referendum, which some councillors believe the council is unlikely to win.
Intervention: ‘Councils can’t just bumble along the bottom any more’
Local Government Chronicle | 17 October 2022
There has been a notable increase in government intervention. LGC explores why this might be.
Local elections could be rescheduled amid coronation date clash
Local Government Chronicle | 13 October 2022
Electoral administration teams at councils could need to make changes to the 2023 local election timetable after the date for the coronation of HM King Charles III was announced.
Contract Management
Procurement Reform Preparations – next steps
As the Procurement Bill continues its journey through Parliament, the Cabinet Office has begun to release some practical guidance and information on the steps contracting authorities can take to prepare for the upcoming changes.
Whilst it is likely to be another year before the changes in the Bill take effect, the scale of change required is significant and there will be a considerable amount of work to do to get ready. The Government is therefore encouraging the public sector to start some of that work now in order to be in the best position to hit the ground running.
The Planning and Preparation Checklist published on 21 October highlights four areas which would benefit from early consideration:
Preparing those individuals delivering public procurement for the change is a top priority and the Cabinet Office has been indicating for some time that a comprehensive, centrally funded learning and development programme would be available to achieve that.
It has now also published a short guide setting out its planned approach to training. The Learning and Development Offer explains the different training packages which will be available depending on the needs of the audience. These range from knowledge drops providing a high-level overview of the changes and more detailed self-guided e-learning modules through to intensive, instructor-led “deep-dive” courses. These courses will not be available until the law is clear (i.e. until the Bill passes into law and the secondary legislation has been made) but will be advertised in good time.
Finally, two Procurement Reform Conferences are proposed for March 2023 which are intended to provide practitioners and stakeholders from the public sector with insights on how the reforms will affect every part of the procurement process and to help with the planning for change. More information is available here.
If you have queries about the reforms and how Bevan Brittan can help you to prepare, our procurement team would be delighted to hear from you.
Publications & Guidance
Transforming Public Procurement - planning and preparation checklist
Government Commercial Function | 21 October 2022
The Procurement Bill will introduce the most significant changes to the way public sector organisations buy goods and services for a generation. Contracting authorities can start planning now to ensure they are ready to take advantage of the new regime. This short checklist provides initial actions in four key areas - policies and processes, systems, people, and transition - where early consideration will help contracting authorities with their preparation.
Update on the official learning and development offer for contracting authorities
Government Commercial Function | 21 October 2022
The Cabinet Office will be providing a comprehensive learning and development programme to support everyone operating within the new regime and help you to understand what is changing from the current system. We recognise that training is an essential element of programme implementation, underpinning the cultural and behavioural changes which will be key to unlocking the flexibilities of the new regime.
This guide will help you decide which of the learning and development options are most suitable for you and your team’s needs and what actions you need to take in the coming months to plan your training programme to ensure you don’t miss out on the benefits and flexibilities of the new regime.
How much are contracting authorities spending w/ SMEs?
Tussell | 12 October 2022
Public authorities across the UK are trying to increase procurement spend with SMEs in an effort to boost social value in their supply chains. But just how successfully is the public sector managing to do so?
Produced in partnership with Tussell, the British Chamber of Commerce's new SME Procurement Tracker found that just one in every five pounds (21%) by government on public sector procurement in 2021 went directly to SMEs.
News
Council sets up development company following contractor collapse
Public Finance | 7 November 2022
The collapse of Bolsover District Council’s preferred building contractor has led to the authority setting up a wholly owned company to continue its development ambitions.
Providers specialising in autism care warn of contract hand back
Local Gov | 31 October 2022
A report by consultants Cordis Bright found that care providers specialising in support for people with learning disabilities or autism might be forced to hand back contracts because of funding pressures. The report warned that the financial settlement reached with local government and the NHS to fund social care is below the rate of cost inflation being experienced by providers.
Big boost for UK economy as subsidy control system comes into force from January
Department for Business, Energy & Industrial Strategy | 20 October 2022
The new system to regulate subsidies to business will come into force from 4 January, Business Minister Dean Russell announced today (Thursday 20 October), providing a big boost for businesses and further impetus behind the government’s plans to supercharge economic growth.
Council audit failures hit Government accounts
The MJ | 14 October 2022
Failures in the local audit market in England and Wales mean central Government has ‘poorer quality’ oversight data, MPs have said.
The influential House of Commons’ Public Accounts Committee said the failures meant the 2019-20 whole of Government accounts, which were released more than two years after the year-end, were ‘increasingly unreliable and complete’.
East Northamptonshire District Council: Leisure services options appraisal and procurement
Local Government Association | 12 October 2022
In 2015 the Council produced a Leisure Strategy to inform the forthcoming procurement of its three leisure facilities.
Liverpool to review procurement processes following critical report
Public Finance | 11 October 2022
Staff at Liverpool City Council will target improvements to contract management and governance, after an independent report criticised a “fragmented, overly complex and poorly understood” procurement process.
Disputes & Regulatory Support
Housing asylum seekers
A number of councils have commenced or threatened the Home Office with legal action, following the housing of asylum seekers in their areas without warning. The Home Office has confirmed that a record number of asylum seekers were in the UK, with 37,000 people lodged in hotels at a daily cost of £5.6m. They have been housing people in hotels to alleviate pressures on accommodation centres and temporary processing centres.
We have seen a number of local authorities applying for interim injunctions to prevent asylum seekers being lodged at local hotels. Great Yarmouth Borough Council, Stoke-on-Trent City Council, East Riding of Yorkshire Council and Ipswich Borough Council have all applied on planning related grounds, arguing a material change of use. Other concerns levied by Councils are that local infrastructure and services were already limited and would be impacted, there were tensions in the community and the Home Office has not engaged with them early enough over the proposed use of sites.
Whilst the applications for interim injunctions have generally been granted, the High Court has yet to grant further, continuing injunctions in any of these cases. Stoke-on-Trent City Council’s application was rejected at the beginning of November, and we have since seen Ipswich BC and East Riding of Yorkshire Council’s applications rejected too. In his judgment of 11 November 2022 (Ipswich BC and East Riding of Yorkshire Council judgment), Mr Justice Holgate stated that the councils had failed to present cases of substantial planning harm. He also noted that the Home Office was facing an unprecedented increase in the number of asylum seekers, the vast majority of who it was under a duty to accommodate, and there was a real risk of some asylum seekers becoming homeless.
Local authorities are therefore likely to find themselves accommodating asylum seekers whilst awaiting final Court hearings. We are advising on these issues; please contact Olivia Carter for further information or advice.
News
More councils plan legal action over asylum places
Local Government Chronicle | 7 November 2022
More councils have accused the Home Office of housing asylum seekers in their areas without warning, and some have threatened legal action. The row came as the Home Office said a record number of asylum seekers were in the UK, with 37,000 people lodged in hotels at a daily cost of £5.6m.
Councils mount legal action blocking Home Office plans to house asylum seekers in local hotels
Local Government Lawyer | 1 November 2022
Three more local authorities have pursued injunctions to prevent hotels in their area being used to house asylum seekers, blocking the Government's efforts to find accommodation amid reports that its Manston processing centre is at almost double capacity.
Ministry of Justice | 31 October 2022
The Early Legal Advice Pilot (ELAP) is a £5m HMT Shared Outcomes Fund (SOF) project to test the expansion of legal aid. It seeks to evaluate the possible benefits of holistic, legally aided advice in encouraging early resolution for individuals, and to quantify downstream benefits to central and local government.
Local Government Lawyer | 27 October 2022
The London Borough of Haringey has defeated a legal challenge over the suitability of accommodation for a resident. The appellant took the council to the Court of Appeal where Lord Justice Stuart-Smith gave the main judgment in Rowe v London Borough of Haringey [2022] EWCA Civ 1370.
Supreme Court to rule next week on overlapping or ‘drop in’ planning permissions
Local Government Lawyer | 27 October 2022
On 2 November the Supreme Court handed down its ruling in a significant case on the effect of implementing later planning permissions for the same site.
Developer to appeal High Court quashing of permission for 475-home development in ‘green gap’
Local Government Lawyer | 27 October 2022
Developer Persimmon Homes has been given permission to appeal a High Court ruling which quashed an inspector's decision to overturn Worthing Borough Council's refusal of planning permission for a 475-home development on a 'green gap' between Goring and Ferring.
Mediation sees landfill operator withdraw appeal against statutory nuisance abatement notice
Local Government Lawyer | 24 October 2022
A landfill site operator has withdrawn its appeal against a statutory nuisance abatement notice served by Newcastle-under-Lyme Borough Council, following a mediation process led by former Supreme Court Justice Lord Carnwath.
London borough wins High Court dispute over notice requiring removal of advertising panel
Local Government Lawyer | 24 October 2022
Hackney Council has won a High Court appeal over a notice it issued requiring removal of an advertising panel on land at Homerton High Street. The Council’s appeal, by way of case stated, was against the decision of Deputy District Judge Warner, in the Stratford Magistrates Court, dated 7 September 2021, in which she allowed advertising company JC Decaux’s appeal under section 225B of the Town and Country Planning Act 1990 against the removal notice.
Local Government Lawyer | 21 October 2022
The Home Office has decided not to accommodate asylum seekers on a closed RAF base in the Yorkshire village of Linton-on-Ouse following a judicial review threat from Hambleton District Council. The local authority announced its intention to mount legal action in April, claiming that there had been a "lack of consultation" from the Government on the plans.
Local Government Lawyer | 20 October 2022
The High Court has refused a judicial review claim that contended the water services regulator for England and Wales, Ofwat, had allegedly failed to regulate sewage discharge into rivers, lakes and the sea. The claimant, campaign group Wild Justice, has vowed to appeal Mr Justice Bourne's conclusion in Wild Justice v The Water Services Regulation Authority [2022] EWHC 2608 that all four grounds advanced were inarguable.
Transport for London secures injunction against Just Stop Oil protests
Local Government Lawyer | 18 October 2022
The High Court has granted an injunction preventing Just Stop Oil protestors from blocking “key” roads in central London. Transport for London said the injunction was sought to keep London's road network functioning in the face of a month-long campaign of protests which has seen the capital's roads blocked on a daily basis.
Local Government Lawyer | 13 October 2022
A freedom of information request from UNISON has revealed that Derby City Council spent more than £1.5m between the start of 2019 and September 2022 in legal fees battling claims of unequal pay to staff members.
Resource Library
What Next for the Care Cap and Fair Cost of Care?
Dishonest conduct in legal proceedings
Injunctions in the Court of Protection: A Helpful Tool for Giving Effect to Best Interests Decisions
Industrial Action – key considerations for public service employers
All Bevan Brittan articles and news
Events On-Demand
Have you registered for…
Employment Law Update
6 December 2022
11am - midday
On demand
An overview of the key changes set out in the Health and Care Act 2022: A guide for Health Commissioners and NHS Trusts / Foundation Trusts
This webinar provided an overview of the system wide changes that have been implemented following the introduction of the Health and Care Act 2022.
Tricky issues in Court of Protection Covid 19 Applications
This talk from Nageena Khalique KC and Olivia Kirkbride of Serjeants’ Inn Chambers explored the Covid-19 vaccination decisions, their implications and how to address these matters.
Recent developments and causation in inquests
Eleanor Sanderson of 2 Bedford Row Chambers reviewed recent case law and practice developments.
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