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Listed below are the national news items and national events.
LLG's free CEO Brief webinar provides an essential update on current issues in the local authority legal world. We look at trends in local government; legal reform; recent cases of interest; Brexit; news from the Ministry, the LGA and the Ombudsman; thinking around policy including Government consultations; and an overview of what's in the press.
LLG have provided a Brexit statement to the Ministry of Housing, Communities and Local Government following detailed input from Branches and Corporate Partners. The statement sets out the position of LLG regarding the more prominent legal implications of Brexit together with an examination of the EU exit more broadly on local government. It also raises questions where it feels clarity from the Ministry would be beneficial. It provides an overarching commentary which many of your directors and CEO may find useful.
The report by the National Audit Office on Local Authority Governance (released today) examines whether local governance arrangements provide local taxpayers and Parliament with assurance that local authority spending achieves value for money and that authorities are financially sustainable. The report is welcome but misses a key recommendation to include MO's in a review of the impact of status reduction and efficacy of their statutory reporting arrangements; restricting it to 151 Officers only.
The Supreme Court Case of R (CPRE Kent) v Dover District Council (SC(E)) 2018 1 WLR has cited in judgement the LLG’s Model Council Planning Code, referencing the protocol at paragraphs 60-62 and calling it “useful advice” and “sound practical advice”.
In December, the UK Department for Transport (‘DfT’) awarded three contracts for additional shipping freight capacity, required in the event of a no-deal Brexit, direct to providers without running an open EU competitive process. This article written by Emily Heard & Susie Smith of Bevan Brittan examines direct awards and the potential for challenge.
UK legal services, like many other parts of the economy, will be enormously affected by Brexit. The impact will be both direct and indirect – the former through any changes in market access and future cooperation between the UK and the EU in justice matters and the latter through the implications of Brexit for the users of legal services. It is therefore critically important that all stakeholders in UK legal services - law firms, in-house legal teams, central and local government solicitors, and barristers - keep themselves fully informed about current negotiations and what Brexit will mean under the various possible scenarios. The Legal Services Brexit Summit will be held on 12th February 2019 in London and it has been jointly organised by the Law Society of England and Wales and City & Financial Global. This highly topical event will examine the implications of Brexit for the provision of legal services in different practice areas, as well as its impact on clients and any potential opportunities that may arise.
It goes without saying that complaints are but a partial picture, and we mustn’t lose sight of all the good work that is done day in, day out in our communities. Nevertheless, the instability that comes with wholesale transformation of local government services has come at a price, with the LGSCO painting a picture of unintended consequences of ill-informed decision making that should not be ignored. Crucial to a more positive future is the elevation and strengthening of the arm of the Monitoring Officer, who is ideally placed to ensure that restructure and service redesign is legal, ethical, and properly communicated. Good governance and strong scrutiny is everything.
Interested in becoming the next LLG Deputy Vice President? The LLG Board, which meets 4 times a year, is currently interested in hearing from members who would like to be considered for the position of Deputy Vice President; taking up the post at our AGM at the end of March 2019. This is a Director position that provides the post holder with the opportunity to drive strategy and policy formation within LLG, and will afford the opportunity to gain board level experience, shape our campaigns, contribute to training and development initiatives, and make a positive contribution to the world of local authority law. Your employer will benefit from the widening of your network and the sharing of strategy development, experience and practice at the top level. If you are passionate about the role of the lawyer in a local authority, be a part of our future!
LLG has, over many years, retained strong links with both Ireland's and Scotland's membership bodies for lawyers working in local government. These are important relationships to retain and promote and LLG's President, Suki Binjal, was delighted to attend Ireland's Local Authorities Solicitors Bar Association (LASBA) annual conference in Dublin.
There have been significant changes to safeguarding legislation recently, but it's fair to say that the impact of the changes has probably not yet been felt. However, the deadline for publishing the new arrangements – 29 June 2019 - is now only six months away.