Local Government

This practice note sets out the actions a local authority should take during the procurement process where the new contract involves a transfer of staff under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE).

The well-being power in section 2 of the Local Government Act 2000 is a key provision for local government. It appeared to relax the doctrine of ultra vires and offer the opportunity for innovative partnerships between local government and their partners.  On 18 February 2012, the general power of competence was brought into force in respect of principal local authorities. The power significantly enhances the powers of local authorities in England. The well-being power continues to apply to Welsh authorities.  For more information, see Practice note, Localism Act 2011: the general power of competence.   

A note explaining the legislative process in the UK Parliament. It provides an overview of how Bills become Acts of Parliament and also explains the different types of Bill that can be introduced into Parliament. The note also explains delegated or secondary legislation.

A note on the statutory nuisance regime.

A note looking at the various project structures that can be used in public sector shared services projects and addressing the issues that are likely to arise when implementing them.

A note introducing the public sector shared services initiative, looking at what services are suitable for a shared delivery approach and the risks and benefits of sharing services.

This practice note addresses the questions regarding day-to-day school management that schools may commonly ask local authorities for help with and sets out the legal issues to consider when responding. The note covers queries about what a school can do about abusive parents, parents' access to educational records, administering medicines in schools, bullying and abuse via social media, parental responsibilities, property going missing at school, school uniform and school trips, sex education, witness statements by teachers and defective governing body procedures.

Local authorities in England and Wales are obliged to make free home-to-school travel arrangements for certain children. This note explains the nature and extent of that duty.

This note on school admissions sets out the statutory framework and the main issues relating to school admissions. It considers the Schools Admissions Code; the powers and duties of local authorities and schools' own admission authorities in determining admission arrangements; the use of published admission numbers (PAN) and oversubscription criteria; the application and offer process for school places; and the timetable for school admissions. The note also considers the schools adjudicator, the use of Fair Access Protocols and government powers of direction to admit a child to a school. It includes an examination of the special provisions in place for offers to school children with special educational needs (SEN), looked after children, previously excluded children and in-year admissions.  The note does not include school admission appeals, since these are covered in a separate note (see Practice note, School admission appeals).

A practice note which examines the use by local authorities of certain investigative powers authorised under the Regulation of Investigatory Powers Act 2000 (RIPA).  The note considers: The powers available to local authorities under the RIPA regime. The controversy surrounding their use by some local authorities. Other applicable legislation and policies that will also need to be considered.

This note considers the statutory rights of the public and press to report on meetings of local authorities operating a committee structure and those that operate executive arrangements. It also looks at the use of social media at local authority meetings and the rights of the public and press to report on documents.

This note sets out the circumstances in which a maintained school, an academy or a pupil referral unit may discipline and/or exclude a pupil, the procedure to be followed after exclusion and the parents' right to appeal to an independent review panel if their child is permanently excluded. The note also explains the responsibilities of the head teacher, the principal of an Academy, the governing body and the school Discipline Committee in dealing with exclusions.

A practice note on the government's transparency programme and future developments in the transparency agenda. The note: Provides an overview of the government's transparency requirements. Summarises some of the relevant guidance on implementing the transparency requirements. Highlights some of the privacy implications of the transparency requirements. Looks at the impact of the transparency requirements on public procurement processes. Looks at future legal developments in relation to transparency and rights to data. Provides a checklist to help public sector lawyers advise their organisations on the transparency requirements.

A note on the provisions and effect of the Public Bodies Act 2011, including practical guidance for organisations that: Have existing commercial and other dealings with bodies which are susceptible to abolition or modification. Are considering entering into new contracts with these bodies.

A note on the specific duties under the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (SSI 2012/162) and how they ensure public authority compliance with the general public sector equality duty (PSED) introduced under section 149 of the Equality Act 2010. This note only applies to the implementation of the specific duties in Scotland.

A note on the public sector equality duty (PSED) introduced under section 149 of the Equality Act 2010. The note covers the background to the PSED and which public authorities it applies to. The note also considers the meaning of "due regard" and how the PSED will be enforced. 

A note on the Protection of Freedoms Bill which received Royal Assent on 1 May 2012 to become the Protection of Freedoms Act 2012.

A note on whether planning permission is required to keep horses in a field.

This note considers the issues a public body may encounter when contracting with or setting up a third sector organisation.

This note outlines the rights of parents and individuals with parental responsibility in respect of a child's education. It explains how parental responsibility can arise and the principles to be followed by schools where more than one individual has parental responsibility for a child.

This practice note considers how local authorities and contractors share risks and manage their obligations under the Fair Deal guidance and the Best Value Direction 2007 and how they provide for these in the outsourcing agreement. The note provides links to a bulk transfer schedule and compulsory clauses in LGPS admission agreements. Some standard pensions clauses found in outsourcing agreements are set out at the end.

A practice note on section 25 of the Localism Act 2011, which deals with predetermination.

A note on the community right to challenge (CRC) introduced under the Localism Act 2011. The note examines the relevant bodies, relevant authorities and relevant services to which the CRC applies. It covers expressions of interest (EOIs), and the process of the procurement exercise that may follow a CRC.

There are legal consequences for local authorities resulting from their corporate status. This Practice note explains these consequences and deals with the main issue arising out of statutory creations; the ultra vires doctrine. The two strands of the doctrine are explained: firstly whether a local authority has capacity to do what it wants to do and secondly whether it exercises the statutory power in a manner consistent with public law principles.

This practice note sets out the principles governing the conduct of local government members in England and Wales. The note has been amended to reflect the different measures in the Localism Act 2011, which came into force on 1 July 2012, and which apply to the standards regime in England. The standards regime in Wales continues to be governed by Part 3 of the Local Government Act 2000.

This Practice note explains the charging provision available to local authorities in England and Wales and sets out the various issues for local authorities to consider when deciding to charge for discretionary services. Although the charging power in the Local Government Act 2003 does not apply to Northern Ireland, this practice note refers to the existing powers to charge that are available to local authorities in Northern Ireland. In contrast with the position in England and Wales, there is no distinction between charging and trading in Scotland: the charging and trading power is contained in the Local Government in Scotland Act 2003.

A note on the Local Government Ombudsman's (LGO) role, duties and powers.

A note setting out how local authorities in England are governed and make decisions.

This note covers local authority rights of audience in county courts and magistrates' courts. It also looks at the rights of audience of employees of housing management bodies.

A note covering local authority duties under the Children Act 1989 in relation to looked after children and unaccompanied children seeking asylum.  The note also deals with the inter-relationship between a local authority's duty under the Children Act 1989 and its duty under the Housing Act 1996 to secure accommodation for a homeless applicant.

A note explaining whether listed buildings have permitted development rights.

A practice note covering the circumstances when a challenge to a recent or imminent procurement decision can be made by way of a claim for judicial review under Part 54 of the Civil Procedure Rules instead of a claim under the Public Contracts Regulations 2006 (SI 2006/5).

This note gives an overview of the duties and powers of a local housing authority to people who apply to it as homeless. It considers in outline the circumstances in which a homeless person is owed the full housing duty and what that duty is, as well as the more limited duties that a local authority owes to homeless people who do not qualify for the full housing duty. The note also deals with the discharge of these housing duties and local connection referrals and summarises the typical procedure for Part VII homelessness applications.

A practice note setting out the key powers and duties of Monitor to regulate competition in the healthcare market, and the applicable economic licensing regime.  

This note gives an overview of the issues facing private sector contractors providing a broadly comparable pension scheme as part of a public sector outsourcing.

The note discusses the three devolved legislatures in the UK and the extent to which devolution has introduced new layers of complexity to the UK statute book. The note covers: The extent and application of the three jurisdictions within the UK. How Westminster legislation extends to Scotland, Northern Ireland and Wales.

The Equality Act 2010 (EqA 2010) mostly came into force on 1 October 2010 and replaces the previous discrimination legislation in Great Britain relating to: Sex. Race. Disability. Sexual orientation. Religion or belief. Age. This note covers the provisions of the EqA 2010 relevant to education providers, including those relating to: Admissions and exclusions. The duty to make reasonable adjustments. Enforcement.

This note provides an overview of environmental impact assessments (EIAs) under the EIA Directive (Directive 2011/92/EU on on the assessment of the effects of certain public and private projects on the environment) and how the Directive has been implemented in England and Wales by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999/293) and the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (SI 2011/1824).   .

This practice note covers the main provisions governing the employment of children and the powers that local authorities have to regulate that employment.

A note on the increasing trend in common law for decision-makers to give reasons, although there is not a general right for reasons to be given in administrative law decisions. The note discusses the cases in which the courts have imposed a duty to give reasons on a decision-maker, which are based on the public law proposition that decision-makers must act fairly, rationally and for proper law purposes.

This note sets out the rules on discrimination in the provision of goods, facilities and services which apply to discriminatory acts committed before 1 October 2010. This note concerns the law applicable before 1 October 2010. On that date, the majority of the Equality Act 2010 took effect.  For information on the Equality Act 2010, see Practice note, Equality Act 2010: discrimination in the provision of goods, services and facilities.

A quick guide for local authorities and schools on the Safeguarding Vulnerable Groups Act 2006.

A note outlining the rules governing the capacity of an organisation or individual to contract.

PLC Public Sector has reproduced the following HMCTS court forms as word documents: Form C1: application for an order. Form C2: application for permission to start proceedings; for an order or directions in existing proceedings; or to be joined as, or cease to be, a party in existing family proceedings under the Children Act 1989. Form C11: supplement for an application for an emergency protection order. Form C23: emergency protection order. Form C110: application under the Children Act 1989 for a care or supervision order. Form A50: application for a placement order. Form A52: application for revocation of a placement order.

This note provides an overview of the law relating to bye-laws and covers: Different types of bye-laws. Drafting bye-laws. Enforcement. Validity and variation.

A practice note on enforcement of the Building Regulations in England and Wales, including a local authority's enforcement powers and prosecution under the Building Act 1984.

A note on the tort of misfeasance in public office and the correct test for establishing the tort.

A practice note on the best value regime, how it has developed and best value considerations in outsourcing.

This note sets out the procedures and law governing the appointment of staff working in maintained schools in England and Wales.

This note provides guidance for practitioners and members of relevant authorities dealing with anti-social behaviour orders (ASBOs). The note covers: Different types of ASBOs. ASBO application procedures. What will happen when an ASBO has been breached.

A note considering the commercial issues that arise when negotiating the transfer agreement with the local authority on the establishment of an Academy under section 482 of the Education Act 1996, the previous government's Academy Delivery Programme. Note added: Section 482 has been  repealed by the Education Act 2011, Schedule 14 paragraph 16 with effect from 1 February 2012.  Under section 15 of the Academies Act 2010, the 1996 Education Act Academy agreements will be treated as academy arrangements under the Academies Act 2010 and Academies created under the EA 1996 may turn into 2010 Act Academies if they so agree. For information on Academies under the Academies Act 2010, see Practice notes, Academies under the Academies Act 2010: overview, Academies under the Academies Act 2010: the commercial transfer agreement, Academies under the Academies Act 2010: property issues andAcademies under the Academies Act 2010: an overview of the funding agreement. 

A note on abandoned vehicles and the duties that local authorities have in relation to them, including information on how to dispose of an abandoned vehicle and the penalties a member of the public can incur for doing so.