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Listed below are the national news items and national events.
LLG has submitted a Position Statement to the Ministry on the main duties and responsibilities held towards vulnerable persons, together with an examination of the effect on individuals caused by a no deal Brexit. The Statement was produced following a direct request from the Ministry flowing from LLG's Brexit Statement submitted in January.
Helen Edwards, Chief Legal Officer for Norfolk County Council sets out her experience and reasons for standing as Deputy Vice President of LLG.
The DFT launched a consultation today on statutory guidance for taxi and PHV licensing authorities. The consultation is seeking views on proposed statutory guidance to taxi and private hire vehicle (PHV) licensing authorities on how to use their licensing powers to protect children and vulnerable adults. LLG previously inputted and made recommendations on the assessment of convictions and greater consistency in licensing together with the Institute of Licensing, the National Association of Licensing Enforcement Officers and the LGA. The DFT has now picked up those recommendations within Annexe A of the Consultation in their entirety.
The 20th report of the Committee on Standards in Public Life, on the subject of ethical standards in local government released its review today. The report identifies some specific areas of concern noting a minority of councillors who engage in bullying or harassment, or other highly disruptive behaviour, and a small number of parish councils giving rise to a disproportionate number of complaints about poor behaviour. The report also identifies a number of risks in the sector: the current rules around conflicts of interest, gifts, and hospitality are commented on as inadequate; and the increased complexity of local government decision-making has been found to place governance under strain.
Guidance just out from the Government covering; Statutory services, Regulatory services, Border areas, Supply chains, Data handling, Local partnership working, Communications, Regional and local growth, EU Funding
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.