Local Government Lawyer Issue 24

LOCALGOVERNMENTLAWYERISSUE 24

THIS ISSUErsquoS FEATURED ARTICLES

STAFF MUTUALS ISSUES FOR THE LOCAL AUTHORITY

ANDREW ARDEN QC AUDIT amp ACCOUNTABILITY

INTERVIEW WITH REBEkAH STRAUGHAN

REUTERSTodd Korol

SWEET amp MAXWELL

WEL

COM

EPre-order your copy today

visit sweetandmaxwellcoukwhitebook

call 0845 600 9355

email TRLUKIordersthomsonreuterscom

Now published

priNt ebook oNliNe

whITe booK

2014 iNspiriNG cONFiDeNcein research in court in practice

sweet amp maxwell

WEL

COM

E LOCAL GOVERNMENT LAWYER ISSUE 24

IN THIS ISSUE

4 LOCAL GOVERNMENT NEWS

6 ARTICLE STAFF MUTUALS ISSUES

FOR THE LOCAL AUTHORITY

12 INTERVIEW REBEkAH STRAUGHAN

14 UPDATE FROM LAWTEL WESTLAW Uk AND PRACTICAL LAW

17 ARTICLE AUDIT amp ACCOUNTABILITY

22 PRODUCT FEATURE PROVIEW

24 BOOkSHOP

26 LOCAL GOVERNMENT LAW AT YOUR FINGER TIPS

28 PROFILE ANDREW ARDEN QC

30 YOUR THOMSON REUTERS ACCOUNT MANAGERS CONTACTS

LEGAL SOLUTIONS FROM THOMSON REUTERSlegal-solutionscouk

SWEET amp MAXWELL sweetandmaxwellcouk

WESTLAW UK westlawcouk

PRACTICAL LAW ukpracticallawcom

LAWTEL latwelcom

SOLCARA solcaracom

SERENGETI serengeticominternationaluk

3LOCALGOVL AW YERCOUK

In this first issue of 2014 we are delighted to have Andrew Arden QC join us as a special contributor As well as being a barrister at Arden Chambers in London Andrew is General Editor of a number of Sweet amp Maxwell titles Andrew has kindly contributed a piece in Local Audit and Accountability In other articles he discusses the recent updates to local government law and the key challenges for legal practitioners today

We also hear from our very own kirsten Maslen Public Sector Editor at Practical Law about local authority spin out companies and mutuals

We also speak with Rebekah Straughan from Colchester Borough Council and discuss her career within housing law working within the Public Law Partnership and more

Finally we also have a feature on Thomson Reuters ProViewTM our e-reader platform Chris Hendry Head of Advanced Media for Thomson Reuters Legal UK amp Ireland discusses recent enhancements to ProView and how it can help local government legal professionals

If you need any further information about the Thomson Reuters products and services referred to in this issue yoursquoll find a list of account managers with contact details on page 30

Enjoy the issue

Jonathan Chilton Editor

localgovernmentlawyerthomsonreuterscom THOMSON REUTERS 100 Avenue Road London NW3 3PF

Designed by Michelle Bradshaw

REUTERSEdgard Garrido

So far this year Westlaw Uk have made some exciting changes to our IDS Employment Law service announced that a new direction is being taken with Westlaw Uk Insight and continued our digitisation of books and looseleafs launching another six titles online

CHANGES TO IDS EMPLOYMENT LAW ON WESTLAW Uk

Westlaw UK have recently launched significant changes to the customer experience when researching IDS Employment Law

With a focus on ease of use users will now be able to find the content they need in one place including IDS Employment Law Brief Cases Handbooks and Current Awareness Users will also now have the ability to search across all content at the one time providing a cleaner more efficient and improved employment law solution

HOW WILL IT CHANGE

The IDS Employment Law tabSubscribers of the core Westlaw UK subscription as well as the IDS add-on will see the IDS Employment Law tab as the first option on their top tool bar This tab takes users to the IDS Employment Law homepage IDS Employment Law standalone only subscribers will be brought to the homepage upon log in

Search across IDS content onlyThe homepage allows you to search across all your IDS Employment Law content at once saving you valuable time and ensuring that nothing is missed Previously it was not possible to search Brief or Current Awareness at the same time as the Handbooks or Employment Law Cases

Content setsYou can use the check-boxes on the left to choose which of the IDS content sets you want to include in a search This is also the way to browse the content sets ndash clicking one of the titles brings you to the landing page for the content type From that point you can browse either by date (for Current Awareness) subject (for IDS Employment Law Handbooks and IDS Employment Law Cases) or by a combination of both (IDS Employment Law Brief)

Note The list of content types will change depending on subscription options - eg if you do not take IDS Handbooks you will not see the Handbooks in the list

Document titlecase name searchYou can narrow a search from the IDS Employment Law homepage by restricting it to document titles and case names This will run your search query against the title of Current Awareness article and Handbook sections the Case name and subject headings in Employment Law Cases and the article title and case name of Brief articles

Whatrsquos NewEmployment lawyers often need to quickly find out the latest developments and that where the Whatrsquos New come in handy The Brief link goes to the contents page for the most recent edition The Current Awareness link goes to a list of IDS news alerts in reverse chronological order The IDS Employment Law Cases and Handbooks links go to PDF documents that contain information on and links to the last monthrsquos updates

At A GlanceThis is content that used to be available on the idsbriefcom website but could not previously be accommodated on Westlaw UK The links go to PDF

WESTLAW Uk UPDATENEW

S

4 LOCAL GOVERNMENT L AW YER

follow us at twittercomlocalgovlawyer

FastDraft is Practical Lawrsquos automated drafting tool which allows you to quickly create advanced first drafts and share data across documents at the touch of a buttonIt helps you to create documents faster by using shortcuts such as importing information from your existing projects your contacts or from Companies House

By making a few important choices up front and entering key data you can quickly create a honed first draft FastDraft shares information from one document across a suite of relevant documents allowing you to produce ancillary documents at the touch of a button

bull Increase efficiency by creating advanced first drafts in half the time

bull Extensive suite of key documents available with FastDraft

bull Know-how where you need it with integrated drafting resources in each document

bull View and revise all drafts before exporting to Microsoft Word

bull Your changes reflected across all documents

FastDraft is available on more than 200 Practical Law standard documents and is free as part of a Practical Law subscription For more information on FastDraft contact your account manager or visit ukpracticallawcomfastdraft

LOCALGOVL AW YERCOUK

documents listing qualification periods and time limits for a variety of employment rights the compensation limits that apply to employment claims levels of statutory payments (eg maternity pay sick pay) prospective developments in legislation and notable cases that are waiting to be decided by the appeal courts This information which is also available on the idsthomsonreuterscom site will be regularly updated

A NEW DIRECTION FOR WESTLAW Uk INSIGHT

Earlier this year we were excited to announce that our online legal encyclopedia Westlaw UK Insight is changing Insight has had a great start amassing more than 1000 expertly-written articles since launch in 2012 This year wersquore taking it in a new direction and making it even more valuable to our customers

Insight will continue to provide a topic-based navigation for Westlaw UK with a few key differences Wersquoll be moving away from longer articles which are hard to keep up to date towards accelerated topic coverage and vastly improved currency With the new approach Westlaw UK Insight overviews will be expertly written and tightly focused

The taxonomy of topics is changing over time as wersquore making this consistent with the taxonomy used by our other legal solutions including Practical Law This will make it easier for customers who use more than one of our solutions to navigate between them

Customers may also notice that new Insight articles take a different format New articles will contain an overview but not a detailed discussion section We wonrsquot remove the detailed discussion section from existing articles unless or until it becomes out of date

This new punchier format will allow users to get all the essential information about a topic much faster and continue their research with ease and will also allow us to expand our content providing better coverage across topics and more articles

Users will still be able to find the latest articles added or updated on Insight by searching WLUKInsight on Twitter

Wersquore keen to know what you think of the new Westlaw UK Insight Please let your account manager know if you have any feedback

NEW BOOkS amp LOOSELEAFS

So far this year wersquove added 6 new titles and have over 40 planned to launch through the rest of 2014 Titles wersquove launched this year include

Arlidge amp Parry on Fraud ndash live 08-02-2014

Confiscation and Civil Recovery ndash live 21-03-2014

EU Antitrust Procedure ndash live 13-02-2014

Frustration and Force Majeure ndash live 08-02-2014

The Police and Criminal Evidence Act ndash live 21-02-2014

Unjustified Enrichment (Greens) ndash live 04-02-2014

To make sure you keep up to date with what titles go live when you can follow Westlaw UK on Twitter WestlawUK where we give live updates as new books amp looseleafs are launched online Check out the Books amp Looseleafs library section httpwwwwestlawcoukinside-westlaw-ukbooks-looseleafsbooks-library which has all the titles currently live and those launching throughout 2014 The library also includes cover photos and pre-lims which are court ready

For more information on any of the enhancements above visit westlawcouk or contact our customer service team at customerservicewestlawcouk or on 0800 028 2200

RIMA JOINS THE LOCAL GOVERNMENT TEAMThomson Reuters are delighted to announce that Rima Mukherjee has joined the local government team Rima has worked at Thomson Reuters legal for 7 years previously managing strategic accounts within Central Government including the Ministry of Justice Crown Prosecution Service and the Legal Information Online Network Rima will look after Scotland and the North East of England

Prior to joining Thomson Reuters Rima worked within publishing and also the financial sector within the UK Dubai and India She also has an MBA from Calcutta University

Mark Langsbury team leader for local government and academic said ldquoWe are very excited to have Rima as part of the local government team She has a wealth of experience from lots of sectors but especially dealing with central government and we are looking forward to her helping local government accounts with their requirements such as improving efficienciesrdquo

To find out if Rima is your new account manager please turn to page 30 You can contact Rima on 07990 887 945 or on email rimamukherjeethomsonreuterscom

CREATE ADVANCED FIRST DRAFTS IN HALF THE TIME

5

STAFF MUTUALS ISSUES FoR THE LoCAL AUTHoRITy


REUTERSStringer Shanghai

COMMUNITY RIGHT TO CHALLENGE

The Localism Act 2011 introduced

bull The community right to challenge (CRC) (Chapter 2 LA 2011) which enables employees and community groups to bid to take over services run by a local authority

bull The right to bid for assets of community value (Chapter 3 LA 201) which enables communities to develop a bid and raise capital to buy assets designated as of community value

The purpose of the CRC is ldquoto enable communities and the bodies that represent them who have innovative ideas about how services could be shaped to better meet local needs or could be run more cost effectivelyrdquo (Paragraph 12 Consultation on Community Right to Challenge)

KIRSTEn MASLEn

Background ndash why are they doing itAs part of the Governmentrsquos Open Public Services agenda a number of initiatives have been introduced and promoted to encourage people to take over the delivery of public services This is not new- the ldquoright to requestrdquo introduced in 2008 enabled employees of PCTs to apply to deliver services through a social enterprise However with the community right to challenge enshrined in legislation employees and community groups are not only able to bid to take over the provision of public services but local authorities are subject to certain restrictions legally obliged to facilitate such requests

This article looks at the issues a local authority is likely to encounter when it decides to support a request by a group of its employees to set up a new entity to take over a run a local authority service



EMPLOYEE-LED SPIN OUTS FROM LOCAL AUTHORITIES ExAMPLES

3BM

3BM is a staff led mutual joint venture between staff from the London Boroughs of Hammersmith amp Fulham and Westminster the Royal Borough of Kensington amp Chelsea and a private sector partner Prospects 3BM provides financial management IT and building development services to schools It is a company limited by shares

Epic ELM CIC

Epic CIC is a staff mutual supported by the Royal Borough of Kensington amp Chelsea It is a community interest company delivering youth support services

Aspire Sussex Ltd

Aspire Sussex is a company limited by guarantee with charitable status It is a spin out of the former adult education department of West Sussex County Council

The Cabinet Officersquos Mutuals Information Service includes a number of additional case studies on staff mutuals (httpmutualscabinetofficegovukpublic-service-mutuals-action)

STAff MUTUALS

LOCAL AUTHORITY COMPANIES

However the Localism Act 2011 did not introduce the concept of creating local authority spin out companies Local authorities have been experimenting with different delivery models for public services for many years including participating in corporate structures in partnership with other public and private bodies

There are various reasons for forming a local authority wholly-owned company the most common being to enable the authority to trade commercially as required under section 95 of the Local Government Act 2003 and section 4 of the Localism Act 2011 The formation of such companies by local authorities is increasing driven by local authority income generation initiatives

However a decision by a local authority to support the creation of a staff-run enterprise is an entirely different situation because the local authority may not have any stake in the new business

WHAT IS A STAFF MUTUAL

The term ldquostaff mutualrdquo has been used to refer to a variety of organisations with an element of employee ownership or governance These organisations may be charitable companies not for profit or may have a purely commercial focus

In many cases staff mutuals are not mutuals in the traditional meaning of the word that is an organisation in which the owners of the business are also the employees or members as in the case of a building society or co-operative society

Under the CRC local authorities must consider requests to take on and run public services from voluntary groups parish councils or two or more employees of the authority

If a local authority decides the service should be outsourced it must then follow the appropriate procurement route to source the new provider

The request under the CRC can be rejected on a number of grounds for example where the service is ceasing or is already the subject of a procurement exercise Until 1 April 2014 certain health and social care services are excluded from these provisions It will be interesting to see whether the lifting of the exemption prompts requests to take on such services


STAff MUTUALS

LEGAL ISSUES

Before assisting in the establishment of a staff mutual a local authority must ensure it is acting lawfully There are several elements to this

Powers

Firstly the authority must have the power to set up or assist in the setting up of the company This is of less concern to English local authorities since the introduction of the general power of competence under section 1 of the Localism Act 2011 which enables local authorities in England to do anything an individual generally may do except to the extent that such action is proscribed or restricted under other legislation

Local authorities in Wales retain the well-being power in section 2 of the Local Government Act 2000 which is more restrictive for example because it limits the use of the power to purposes which directly promote economic social or environmental well-being As held in the case of Brent London Borough Council v Risk Management Partners Limited and Others [2009] EWCA Civ 490 it is not enough that an action will save the relevant authority money and have an indirect effect on promoting well-being

Aside from the powers to support staff mutuals if the new entity will have a contract with the authority the authority must also consider whether that support and subsequent outsourcing of the service to a staff mutual is a good investment representing best value for the authority After all the entity will have no cash reserves and no track record of delivering services as a cohesive unit The authority must therefore interrogate the staff mutualrsquos business plan in detail to be satisfied it can deliver the required outcomes

However part of the thrust of government policy in this area is that local people who are most invested in the outcome of an enterprise often the employees will be empowered to deliver services through exercising a degree of control over how they are delivered It is therefore important that they participate in the governance of these organisations

ldquoThe Government is committed to giving public sector workers the right to bid to take over running services they deliver Two or more employees of the relevant authority are eligible to use the right We expect employees of the relevant authority to form an employee-led structure to take on running services under the right (paragraph 113 Community Right to Challenge Statutory Guidance)rdquo

What is meant by an ldquoemployee-led structurerdquo is unclear and will vary Employees may form a traditional mutual such as a community benefit society a company in which each employee receives shares or a company limited by guarantee in which case their powers will be exercised through certain structures embedded in the companyrsquos constitution such as the right to attend board meetings or call for documents rather than through voting rights as shareholders

LEGAL STRUCTURES FOR STAFF MUTUALS OPTIONS

Whichever model is chosen employees will need legal and financial advice on the best option for them How will they access this advice if not through the local authority

Company limited by shares

bull Most common structure for commercial entities

bull Enables profit to be extracted through share transfer and payment of dividends

Company limited by guarantee

bull Commonly used in not for profit sectorbull May apply for charitable statusbull No means for members to extract profit

Community interest company (CIC)

bull May be profit-making but with a focus on community benefit

bull Payment of dividends restricted

bull Asset lock to ring-fence proceeds from asset sales to the organisationrsquos stated community benefit

Community benefit society

bull Usually charitable or philanthropicbull Restrictions on sale of assets and distribution

of profits

Charitable incorporated organisation (CIO)

bull New type of charitable organisationbull Relatively simple to set upbull As with all charities all assets and income

must be applied to the charitable purpose


Procurement

One of the most significant difficulties in supporting a group of employeersquos initiative to set up a staff mutual is the requirement to carry out a competitive tender before awarding a contract If the new company is reliant on the authority for a contract it will need to bid alongside its competitors and win the work

However this presents a number of difficulties for the authority notably

bull The lack of track record of the new company which may not even be incorporated and therefore may be entirely reliant on financial forecasts and the collective experience of the employees transferring to the new company An authority may therefore consider tailoring its usual procurement process to strip out any unnecessary requirements taking account of the risk of the new company failing that may impact on the new companyrsquos ability to submit a tender

bull Managing a procurement process alongside a project to establish the new company For example it is likely that the individuals with the best knowledge of the in-house service will be the ones most engaged in setting up the new company (and intending to transfer to it) whose expertise would also be called upon when designing an outsourcing

bull Supporting the staff in the creation of the new entity which may fall at the first hurdle if it does not win the contract However this raises questions as to how much an authority should invest on this speculative outcome

bull Managing employee engagement when the outcome of the procurement process is unknown The employees may find themselves owners of a business they can shape and grow or they may simply TUPE transfer to a large provider of outsourced services

The procurement risk may therefore actively prevent employees from exercising the CRC if they prefer to remain working in-house than risk transferring to an unknown provider

But does the authority have to go out to tender Not necessarily If the contract is for a Part B service including most health social educational and recreational services the authority is only obliged to advertise it if it is of cross border interest Low value services which do not attract bidders from outside the area are likely to fall outside the procurement rules and enable the authority to directly award the contract to the staff-owned enterprise However authorities may be reluctant to consider this option due to the perceived risk of challenge

NEW PROCUREMENT DIRECTIVE ExCEPTION FROM RULES FOR STAFF MUTUALS

The new procurement directive contains a provision which enables contracting authorities to restrict access to tendering processes for certain health social care and recreational services to staff mutual organisations with a public service mission (Article 77) Such contracts must not exceed a term of 3 years

It is unclear exactly what corporate structure is required to fall within this exemption

The new directive is likely to be in force in the spring of 2014 Member states will have 24 months to implement them into national law but the UK government is aiming for early transposition

State aid

Setting up a new company is resource-intensive (see Box What support will the new enterprise need) To what extent should the authority bear these costs and then provide on-going support to the new entity

Public bodies are prevented from providing support to private companies in breach of the laws against state aid a central plank of the European common market The four characteristics of state aid are

bull State aid is granted through state resources

bull State aid favours certain undertakings or the production of certain goods

bull State aid distorts competition (or threatens to do so)

bull State aid affects trade between member states

State aid may arise where a public body provides financial support or other advantages such as access to premises or services at below market rate or even guarantees against losses or liabilities

Where a company is spun out from a local authority it is likely to need such support There will be no unlawful state aid if the package of support is included in a procurement process which is advertised and open to bidders from other member states Therefore it is more of a risk where the authority has decided to directly award the contract

STAff MUTUALS


WHAT SUPPORT WILL THE NEW STAFF MUTUAL NEED

The local authority will be called upon to provide a wide range of support to the fledging staff mutual enterprise The costs of providing such support can be considerable both financially and in terms of staff time It may therefore wish to devise a policy setting out the extent of the resources it is prepared to commit to support such initiatives

Before the transfer

The following resources are likely to be required at the outset of a staff mutual project

bull Political engagement to gain support for the project and to determine the extent of that support

bull Business analysis input to create a business case for the new entity

bull Legal work including advice on the options for the legal form of the new entity and company formation

bull Financial advice on the cost to the authority of providing the service in-house This information will inform the assessment of the costs of running the new entity and of the price the authority can expect to pay for an outsourced service

bull HR resource for employee engagement

bull Property management andor IT resource to determine the implications of the new entity in terms of the authorityrsquos assets

bull Procurement resource if the support for the staff mutual triggers a procurement exercise

bull Communications and service user engagement to explain the change in service provider to end users

After the transfer

bull Client side resource to manage the contract This may be intense given that the new entity will initially be feeling its way as the employees get to grips with running a business as well as delivering a service

bull Financial or other support if any has been agreed outside the contract

bull Account management function if the new entity buys back services from the authority for example HR payroll or IT services

Staffing issues

A local authority considering externalising a service will also be faced with a number of employment-related issues for example

bull Arranging a TUPE transfer to an organisation which does not yet exist

bull Determining the correct approach to dealing with pensions

bull Managing communications with staff probably at the same time the more detailed business plans for the new organisation are being developed

bull Determining or assisting in the determination of the structure of the new entity and the role the transferring staff will play in governance

If the transfer is a TUPE transfer the staff will transfer on their existing terms and conditions This may mean the new entity is not as free to innovate as it might wish to be though changes to TUPE introduced in January 2014 may make variations to employment contracts related to a TUPE transfer easier to effect

However the establishment of a new entity does not automatically mean that TUPE will apply For example even if there will be a contract to provide services between the new entity and the authority unless the conditions for a ldquoservice provision changerdquo under TUPE apply the employees may remain with the authority In these circumstances the authority may agree with the new entity to treat the arrangement as if TUPE applied However if the employees are not keen to go that creates its own risks

There is an argument that if the authority has determined there is no cross border interest in the contract it is unlikely that the support will fall foul of the rules against state aid as it wonrsquot affect trade between member states However while that decision is taken at a point in time if the market changes the authority remains at risk of a claim in respect of past state aid if the entity is still benefitting from that aid

STAff MUTUALS

1 1LOCALGOVL AW YERCOUK

STAff MUTUALS

Pensions

If there is a contract with the authority and TUPE applies the authority will be obliged under the Best Value Authorities Staff Transfer (Pensions) Direction 2007 to ensure the new entity

bull Is admitted to the LGPS enabling the employees to remain members of that scheme

bull Offers the employees access to a pension scheme which is broadly comparable to the LGPS

Both options carry risks Participation in the LGPS is expensive and will be beyond the means of the new entity It is likely that the new entity will apply for admission to the local LGPS fund Employees are likely to want this too But the administrating authority to the fund is obliged to ensure the fund is protected if the entity cannot meet its obligations It will want a bond which is very expensive or a guarantee The sponsoring authority will in any event be on the hook in the event that the new entity cannot meet its obligations to the fund

Under this model the new entity remains an employer in the fund and its employees active members of that fund only so long as it has a contract with the authority

But what if there is no contract between the authority and the new entity The 2007 Direction does not apply to business transfers without an outsourcing The employees therefore face losing their membership of the LGPS in favour of a scheme which can lawfully offer benefits which are far less favourable

An alternative if the new entity is not for profit is for the new entity to obtain admission to the fund if it can demonstrate it has the necessary ldquocommunity of interestrdquo with the local authority Under this option the employees can remain members of the LGPS for so long as their employer remains in the scheme they would not have to leave if the new entity failed to renew its contract with the authority

Under the revised Fair Deal policy which requires central government the NHS and schools to ensure pension protection for transferring staff the requirements apply equally to new employee-led organisations irrespective of whether there is a contract New employers whether profit-driven or otherwise who receive former public sector staff will be able to access the other public-sector schemes

AUTHORITYrsquoS RELATIONSHIP WITH THE NEW STAFF MUTUAL

Where a local authority is ceasing to provide a service and it is being taken on by a staff mutual to run on a commercial basis the local authority is less invested in its success It may therefore offer no or minimal initial and ongoing support

However where the staff mutual will be taking on a service that is commissioned by the authority it is likely to be entirely reliant on the authority at least initially for its income The risk of insolvency is therefore likely to be relatively high The business will also lack resilience unless and until it can build resources and secure other contracts

The authority may therefore require or itself provide certain guarantees for example to the pension fund It should also ensure that any assets it makes available to the staff mutual return to the authority in the event of insolvency for example by leasing premises and licensing rights instead of transferring them to ensure they arenrsquot swallowed up on liquidation

Finally the authority must ensure it retains a client side function which can be tricky if everyone involved in the service is leaving to join to new mutual The contract management function will be key especially in the staff mutualrsquos first years of operation n



COULD YOU START BY TELLING US ABOUT YOUR CURRENT RESPONSIBILITIES

My job title is in a state of fluxmdashthe Council is undertaking a reorganisation after which my job may be referred to as a Housing and Litigation lawyer as my primary areas of expertise are housing and civil litigation

A central part of my work involves negotiating for an ALMO and anything from rent arrears to anti-social behaviour can come from them I also receive other civil work directly from the Councilmdashplanning and Section 222 injunctions in particular And therersquos the odd prosecution thrown in too as itrsquos always good to be varied

HOW DID YOU COME TO BE IN THE JOB THAT YOU ARE IN

I joined the Legal Department as an admin assistant and worked my way up I wasnrsquot initially interested in a career in law but as I gained more experience the option was suggested to me and I started to study I continued to work full-time for the Council and finally qualified four years ago after about five years

I came to specialise in Housing because that was where the opportunity arose They were looking for somebody to go to court on rent arrears cases and suggested that my personality might suit it I enjoyed the work and it just grew from there It was a natural organic thing that just evolved as I was lucky enough to be able to move where my talents lay and have managerial support to be able to do that

WHAT IS IT ABOUT YOUR PERSONALITY THAT SUITS COURT WORk

I think Irsquom probably a performer And Irsquom good at switching between different personalities You need to be able to communicate with the Judge but also just as well with a defendant in person whorsquos inevitably stressed by their situation Local authority work is very people focused Putting personalities to what were just defendants on paper is what keeps me interested

DO YOU HAVE ANY TIPS FOR DEALING WITH A DEFENDANT IN PERSON

My top tip would be to simplify and clarify Without sounding condescending itrsquos important to explain things as clearly as possible and not come over too high-handed You need to imagine yourself in their situation so you can get on an even keel and have a reasonable conversation Itrsquos unlikely yoursquoll get anywhere if yoursquore at loggerheads with each other

COULD YOU TALk US THROUGH A TYPICAL WORkING DAY

Well that depends on what you class as typical I find Irsquom in Court two or three times a week Days in court are often full days This Tuesday for example I arrived at 930am to assist a witness in swearing an affidavit Someone had breached an injunction we had brought against them and an affidavit was needed so we could move on to a contempt of court action I had a chat with them about their experiences and then led them through the process From there it was on to the

Interview first published in the February edition of the Public Law Partnership Newsletter



Listings for the daymdashestablishing from the Court Usher who has turned up and interviewing them to get their side of the story I think I had six cases on Tuesday and they stretched into the early afternoon

Another day might involve anti-social behaviour work I have to attend to people who can be very volatile so itrsquos important to approach them as reasonably as possible if you canrsquot then you have to go in front of the Judge

Days in the office are more hectic than you might think most of the time Irsquoll be having impromptu meetings with clients or giving urgent advice Itrsquos nice to be able to get home and actually plough through the paperwork work through what has happened in Court build on the background do the research put out the advice that people are asking for Home-working is definitely better for that

WHAT DO YOU THINk ARE THE kEY CHALLENGES FACING PRACTITIONERS IN YOUR AREA AT THE MOMENT

In my experience anti-social behaviour is certainly on the increase and I think colleagues across the board would agree At the same time legislative attempts to thwart it are also evolving so keeping up-to-date can be a challenge Developing and maintaining meaningful relationships with the policemdashin such a way that you are really helping each othermdashcan also be a challenge Certain officers are particularly helpful and go out of their way to get you everything you need Sometimes you need to help people understand how you can help from your ldquocivilrdquo point of view

TELL US MORE ABOUT HOW YOU MAINTAIN A GOOD RELATIONSHIP WITH POLICE COLLEAGUES

I deal with them a lot Irsquom lucky that my team and I have built up a good relationship with the police and we try to go out and see them regularly to keep them in the know about how the Council can help Often as theyrsquore not trained in civil law they may naturally not understand the extent of Local Authority power and how it can be used to support them I think that makes a real difference For example I worked on a very successful case that was in the media a couple of years ago Two brothers were causing absolute havoc in the Colchester area They were the subject of several Anti-Social Behaviour Ordersmdashwhich they completely ignoredmdashand one or the other was always in prison The police were literally running all around town after them constantly playing catch-up By working together and collating all our collective evidence we won an injunction banning them from the whole of the Borough of Colchester It sounds draconian but the level of nuisance they were causing was so high That injunction has stayed in place and all of a sudden yoursquove taken a huge workload out of police hands

HAS THE FORMATION OF PUBLIC LAW PARTNERSHIP IMPACTED ON HOW YOU OR YOUR COLLEAGUES OPERATE

In the early stages I donrsquot think we really felt any difference Now itrsquos more establishedmdashnow wersquove all met each

othermdashIrsquove established relationships with professionals that I wouldnrsquot otherwise have spoken to We exchange emails now asking each other for ideas or tips I was helping Rochford recently with how to collate evidence for a 222 Injunction and likewise I often ask other housing professionals how they tackle certain problems Instead of having five people in the office yoursquove suddenly got a hundred people bouncing ideas this way and that

ARE THERE ANY AREAS YOU WOULD LIkE DEVELOPED FURTHER IN TERMS OF COLLABORATION BETWEEN COUNCILS

I think it would be nice to do more work for each other and I donrsquot think anyone is against that attending Court Hearings on each otherrsquos behalf for example Logistically I canrsquot see it working very well at the moment though Itrsquos hard to tell where everyone is at one moment in time I know wersquove tried Court diaries and things but itrsquos very hard to maintain that kind of database without wasting valuable time inputting data into a computer You may as well just go to the Hearings yourself Thatrsquos definitely something that could be improved on

For more information about Public Law Partnership visit publiclawpartnershipcouk or contact PLP Programme Manager Enid Allen at enquiriespubliclawpartnershipcouk


whether any justification advanced by the secretary of state was manifestly without reasonable foundation That test was stringent the question was simply whether the discrimination had an objective and reasonable justification The court had to exercise caution before interfering with a scheme approved by Parliament It was not sufficient to expose flaws or to conclude that the justification was not particularly convincing The court had to be satisfied that there was a serious flaw which produced an unreasonable discriminatory effect The secretary of state had explained why he had structured the scheme in the way that he had In particular he had explained why he had decided to provide for the disability-related needs of some persons by means of housing benefit under the 2012 Regulations and those of others by way of discretionary housing payments In combination his reasons were far from irrational His reasoning amounted to objective and reasonable justification The secretary of state had paid due regard to the relevant considerations

REUTERSKim Kyung-Hoon

UPDATE FROM LAWTEL WESTLAW Uk AND PRACTICAL LAWCASE SUMMARY 1R (on the application of MA amp ORS) (Appellants)

v

SECRETARY OF STATE FOR WORk amp PENSIONS (Respondent) amp EQUALITY amp HUMAN RIGHTS COMMISSION (Intervener) (2014)

[2014] EWCA Civ 13

In MA the appellants (M) appealed against the refusal of their application for judicial review of changes to the Housing Benefit Regulations 2006 introduced by the respondent secretary of state in the Housing Benefit (Amendment) Regulations 2012 and the Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 The 2012 Regulations reduced the eligible rent for the purpose of calculating housing benefit where the number of bedrooms in the property exceeded the number to which the tenant was entitled by reference to the standard criteria set out in

regB13 of the 2006 Regulations M who had disabilities and received housing benefit claimed that the reduction in eligible rent discriminated against disabled persons and breached the European Convention on Human Rights 1950 art14 read in conjunction with Protocol 1 art1 They also alleged that the secretary of state had introduced the measures in breach of his public sector equality duty under the Equality Act 2010 s149

Their Lordships held that regB13 discriminated against disabled persons who by reason of their disability needed an additional bedroom The bedroom criteria defined under-occupation by reference to the objective needs of non-disabled households but not by reference to those of at least some disabled households That demonstrated that regB13 indirectly discriminated on the grounds of disability The central question was whether that discrimination was justified The correct test was to ask


being made in respect of the excluded area and then repetition of that process as often as necessary to eventually secure the designation of the whole of the original area If a repeat application was made by an organisation or body which passed the capability threshold in s61G(2)(a) in respect of a previously considered area the local authority would be entitled to refuse the application for neighbourhood forum designation under s61F(5) and that would sufficiently dispose of the repeat application It did not follow that a repeat application would automatically be refused circumstances could change which might justify a fresh application Whatever the precise extent of the power in s61F(5) it was sufficiently broad to enable local planning authorities to refuse repeat applications such as those suggested by F which would in other contexts be described as an abuse of process

LEGISLATION UPDATE2014 c2 (NI)

LOCAL GOVERNMENT PENSIONS ndash NORTHERN IRELAND

Public Services Pensions Act (Northern Ireland) 2014

Royal Assent March 11 2014

An Act to make provision for public service pension schemes and for connected services

2014 c12

LOCAL GOVERNMENT POLICE - UK

Anti-Social Behaviour Crime and Policing Act 2014


An Act to make provision about anti-social behaviour crime and disorder including provision about recovery of possession of dwelling-houses to make provision amending the Dangerous Dogs Act 1991 the Police Act 1997 Terrorism Act 2000 Schs 7 and 8 the Extradition Act 2003 and Police Reform and Social Responsibility Act 2011 Part 3 to make provision about firearms about sexual harm and violence and about forced marriage to make provision about the police the Independent

under the public sector equality duty It was insufficient for a decision-maker to have a vague awareness of his legal duties he had to have a focused awareness of each of his s149 duties and their potential impact on the relevant group of disabled persons In the instant case there was no practical difference between what the various duties required even though they were expressed in conceptually distinct terms The evolution of the policy showed that the secretary of state had understood that there were some disabled persons who by reason of their disabilities needed more space than was deemed to be required by their non-disabled peers The question of how that should be accommodated had been the subject of wide consultation and studied in great detail It was obvious that the secretary of state had been aware of the serious impact the bedroom criteria would have on disabled persons and he had devoted a great deal of time to seeking a solution

CASE SUMMARY 2(1) DAWS HILL NEIGHBOURHOOD FORUM (2) STUART ARMSTRONG (3) ANGUS LAIDLAW (Appellants)

v

WYCOMBE DISTRICT COUNCIL (Respondent)

amp

(1) SECRETARY OF STATE FOR COMMUNITIES amp LOCAL GOVERNMENT (2) TAYLOR WIMPEY Uk LTD (Interested Parties) (2014)

[2014] EWCA Civ 228

In Daws Hill the appellant neighbourhood forum (F) appealed against the refusal of its application for judicial review of the respondent local authorityrsquos decision to designate to it pursuant to the Town and Country Planning Act 1990 s61G as inserted by the Localism Act 2011 a neighbourhood area smaller than that which it had applied for The area applied for had included two strategic sites The local authority concluded that the area was not appropriate to be designated as a neighbourhood area but

designated part of the area excluding the strategic sites as a neighbourhood area F appealed claiming that the local authority had frustrated the purposes of the 2011 Act F submitted that s61G did not confer a discretion to decide whether an area should or should not be designated as a neighbourhood area rather it was confined to deciding within which neighbourhood area any given site was to be included It further submitted that if only some of a specified area was designated any ldquorelevant bodyrdquo could make a further application specifying that the excluded area should be designated as a neighbourhood area and by virtue of s61G(5) the local authority would have to use its power of designation to secure that part or all of that area was so designated

Their Lordships held that the language of s61G did not support a limitation on a local authorityrsquos discretion Subsections (1) and (5) described the designation function as a power not a duty On the face of it a power to decide whether a specified area was ldquoan appropriate areardquo to be designated as a neighbourhood area necessarily conferred a broad discretion Section 61G(5) did not require that following refusal of an application a local authority had to exercise its discretion so as to secure that all of the specified area formed part of an area that was or was to be designated as a neighbourhood area The use of ldquosome or all of the specified areardquo as opposed to ldquoall of the specified areardquo indicated that that was not Parliamentrsquos intention Parliament had clearly envisaged that a local authority might exercise the power so as to designate a smaller area leaving part or parts of the specified area outwith any neighbourhood area Frsquos submission failed to recognise the discretion in s61F(5) that a local authority ldquomayrdquo designate an organisation or body as a neighbourhood forum Section 61F and s61G were inextricably linked There could not be a neighbourhood area without a neighbourhood forum and vice versa Parliament had clearly envisaged repeat applications for designation as a neighbourhood area but it would be surprising if it had intended that a lawful decision that the whole of an area was not appropriate could be circumvented by the simple expedient of a further application

Police Complaints Commission and the Serious Fraud Office to make provision about invalid travel documents to make provision about criminal justice and court fees and for connected purposes

2014 c6

LOCAL GOVERNMENT ENGLAND AND WALES

Children and Families Act 2014


An Act to make provision about children families and people with special educational needs or disabilities to make provision about the right to request flexible working and for connected purposes

SSI 201425

LOCAL GOVERNMENT ndash SCOTLAND

The Self-directed Support (Direct Payments) (Scotland) Regulations 2014

In Force April 1 2014

These Regulations are made under the Social Care (Self-directed Support) (Scotland) Act 2013 s15 and make further provision about direct payments

MOBILE HOMES GUIDANCE ON ENFORCEMENT OF SITE LICENCE CONDITIONS AND SITE LICENSING FEES

The Mobile Homes Act 2013 makes significant changes to the law on mobile homes A new licensing scheme is coming into force on 1 April 2014 that changes the procedures and penalties for enforcement of site licence conditions on residential parks The new scheme will enable local authorities to monitor site licence compliance more effectively by providing authorities with the tools to take enforcement action where owners are not managing and maintaining their sites and its services Local authorities will be able to charge fees for

bull Considering applications for the issue or transfer of a site licence

bull Considering applications for altering conditions in a site licence

bull Administration and monitoring of site licences

The Department for Communities and Local Government (DCLG) has published

bull Guidance for site owners that provides useful information on the new licensing powers of local authorities

bull Guidance for local authorities on matters that can and cannot be taken into account in setting fees setting fee structures and how fees are to be calculated

Sources

DCLG Mobile Homes Act 2013 A Guide for Local Authorities on setting site licensing fees (February 2014) (httpswwwgovukgovernmentpublicationsmobile-homes-act-2013-a-guide-for-local-authorities-on-setting-licence-fees)

DCLG Mobile Homes Act 2013 New licensing enforcement tools - Advice for Park Home Site Owners (February 2014) (httpswwwgovukgovernmentpublicationsmobile-homes-act-2013-new-licensing-enforcement-tools-a-guide-for-park-home-site-owners) n

The leading forum for information and debate in the constantly evolving area of law and governmentThe latest release includes articles onbull Crossing the Rubicon Bank Mellat v Her Majestyrsquos

Treasury (No1)bull Changes to judicial appointments in the Crime and

Courts Act 2013bull What is the safeguard for Welsh devolutionbull Regulatory stability and the challenges of re-

regulationbull British policy on the recognition of governmentsbull Judicial accountability a taxonomybull Lessons learned from political constitutionalism

Comparing the enactment of control orders and terrorism prevention and investigation measures by the UK Parliament

bull A damp squib The impact of section 6 HRA on the common law horizontal effect and beyond

PLACE YOUR ORDER TODAY

VISIT sweetandmaxwellcouk EMAIL TRLUkIordersthomsonreuterscom (UK)

CALL 0845 600 9355 (UK) +44 (0)1264 388560 (InTERnATIonAL)

QUoTInG REFEREnCE 1492001A

PUBLIC LAW

REUTERSLuke Macgregor


Leaving aside minor amendments the Local Audit and Accountability Act 2014 which received Royal Assent on January 30 contains three measures two of which fly under the flag of convenience entitled localism (local audit and referendums by levying bodies) while the third (adherence to publicity code) is amongst the more egregious central controls to darken the local government skies There is not the space in this article to describe these provisions in detail but their more salient features merit attention

PUBLICITYTo address these in reverse order Local Government Act 1986 s4 allows the Secretary of State to issue codes of conduct governing local government publicity covering such matters as content style distribution and cost authorities must have regard to the code when reaching their decisions on publicity In accordance with normal principles an authority can only be challenged for failure to have regard to a code not for a decision (otherwise legitimate) not to follow it

By s39 of the 2014 Act two new sections are introduced into the 1986 Act New s4A allows the Secretary of State to direct an authority to comply with the whole or part of the code the direction may specify the steps which an authority must take the comply with

AndREW ARdEn QCBarrister of Arden Chambers London Editor of Local Government Finance Law and Practice Co-author Local Government Constitutional and Administrative Law

REUTERSBrian Snyder

AUDIT amp ACCOUNTABILITY


UPdATE FRoM LAWTEL And WESTLAW UK

it and a time within which it must do so The direction may be given whether or not the Secretary of State considers that the authority is complying with the code but the authority must be given 14 days prior notice in writing during which the authority may make written representations about the proposed direction The Secretary of State may withdraw or modify the notice likewise on notice New s4B allows the Secretary of State to achieve the same effect by order (following affirmative procedure) imposing a duty to follow the whole or part of the code on all authorities or all authorities of a particular description including an obligation to take steps within a stated time and again regardless of whether he thinks that authorities affected by the order are in fact following the code The duty to have regard to the code remains

Unsurprisingly this wide-ranging power generated considerable opposition from local government the LGA issued a series of briefings expressing concern both about its application and the risk of challenge not only by the Secretary of State but also by third parties for example the question was raised whether an authority opposing - perhaps by proceedings - HS2 could be prevented from issuing publicity about its stance and the reasons for it the same could be true of airport expansion The briefings made the point that ldquoCentral government should not be imposing arbitrary limits on how a democratically elected council communicates with its residentsrdquo nor was a ldquo14-day notice period that includes both working and non-working daysenough time for an authority to makerepresentations on what are likely to be complex and potentially controversial mattersrdquo

REFERENDUMS AND LEVYING BODIESThere was similar opposition to the proposal now embodied in s41 to extend the council tax referendum provisions to include such levying bodies as Waste Disposal Authorities Integrated Transport Authorities Pension Authorities and Internal Drainage Boards ie their levies will now be included in the calculation of excessive increase which requires a referendum (under Local Government Finance Act 1992 Chapter IVZA) While

the billing authority is itself bound by the outcome of a referendum the levying bodies will not be ie if a referendum increases council tax on account of the levy in question council tax cannot go up to accommodate it but the levy need not be reduced

The reason for the latter lies in the proposition - well made in the LGA briefings eg in relation to pension funds - that the levying body may not be in a position to control the increase which may flow from a revaluation of the pension fund or eg EC environmental health requirements applied to waste disposal or the need for flood defences To accommodate these changes therefore the council tax authority will have to identify savings probably in wholly unrelated activities described as ldquoa significant threat to both local governmentrsquos financial stability and infrastructure investmentrdquo

Of particular concern here the provisions allow the Secretary of State to revert to financial years 2013-14 and 2014-15 and reissue the principles governing what comprises an excessive increase as if the amended provisions - including these levies - had been in force at the time ie authorities which might otherwise not have to hold a referendum by reference to their own spending decisions (as currently) may find themselves needing to do as a result of levies (over which they had no control) applied in the past (at which time they were not taken into account)

This sort of retrospective legislation with a financial impact would probably be challengeable even if contained in an Act of Parliament were it possible to pray a Convention right in aid there is of course no such possibility under domestic public law and the authorities cannot themselves rely on Convention rights It is in principle possible to challenge the rationality of the principles themselves but very difficult indeed to the point that the prospect is close to illusory (cf R v Secretary of State for the Environment ex p Nottinghamshire CC [1986] Ac 240 HL R v Secretary of State for the Environment ex p Hammersmith amp Fulham LBC [1991] 1 AC 521 HL)


AUDITThe overarching principles of the 2014 Act so far as concerns audit are said to be (Future of Local Public Audit Consultation March 2011)

ldquolocalism and decentralisation ndash freeing up local public bodies subject to appropriate safeguards to appoint their own independent external auditors from a more competitive and open market while ensuring a proportionate approach for smaller bodies

ldquotransparency ndash ensuring that the results of audit work are easily accessible to the public helping local people to hold councils and other local public bodies to account for local spending decisions

ldquolower audit fees ndash achieving a reduction in the overall cost of audit

ldquohigh standards of auditing ndash ensuring that there is effective and transparent regulation of public audit and conformity to the principles of public auditrdquo


The Act finally abolishes the Audit Commission which has been winding down for some time s1 The employed district audit service (as it continued to be known until 2002) was dispersed to the private sector having been maintained centrally since 1888 (district audit itself dating from 1844) Following a procurement exercise by the Commission four private firms were awarded the work and in November 2012 approximately 700 auditors transferred to new private-sector employers

The theory is that abolition will open up competition in this lucrative market by entitling - but therefore requiring - authorities to select a private sector auditor under a regime in which the Financial Reporting Council will serve as ultimate regulator and - it is expected - will in turn authorise the professional accountancy bodies private as well as CIPFA to serve as supervisors The Comptroller and Auditor General will now have responsibility for issuing Codes of Audit practice to be laid before Parliament (with a saving of current Codes pending the issue of new ones) (s19 and Sch6)

It is abolition of the Commission and its employed auditors which is at the heart of the provisions the audit process itself is largely unchanged with the familiar criteria (compliance with the statutory requirements proper accounting practices presenting a true and fair view and proper arrangements for securing economy efficiency and effectiveness in the use of resources - s20) applicable to and the familiar activities involved in external audit all remaining eg annual statements of account and audit (ss3 4) public interest reports (s24 and Sch7 declarations that an amount is contrary to law (s28) advisory notices (s19 and Sch8) power to seek judicial review (s31) inspection and questions by persons interested (s26) and objections by local electors - save for a new power to reject an objection which the auditor considers is frivolous or vexatious or the cost of considering which would be disproportionate to the amount to which the objection relates (unless the auditor consider that the auditor thinks the objection might disclose serious concerns about how the authority is managed or led) or which repeats an objection already considered (s27)

The provisions are to be modified in relation to ldquosmaller authoritiesrdquo (meaning those with expenditure below - unless and until changed by regulations - pound65m) ss5 6

Subject to amounts appointment will give rise to procurement issues (and additional cost) In a rare victory for the LGA provision was added during passage of the Bill to allow for a voluntary national procurement exercise for the appointment of local authority auditors ie ldquosector-led collective procurement arrangements under which relevant authorities would be able to opt to have their auditor appointed by a specified sector-led body rather than appoint locallyrdquo (Explanatory Notes to the 2014 Act)

One may be forgiven for viewing all of this not as an act of localism but of privatisation As an LGA briefing made clear

ldquoLocal appointment does not necessarily increase competition and access to the audit market This is because the main barrier to entry for small firms is being able to demonstrate the expertise and

public sector knowledge that is required to audit local authorities They are complex entities and very different to private sector organisations

ldquoThe claim that local appointment is more likely to increase competition does not fit with the experience of audit procurement Nor does it fit with the experience of individual body procurement in the Foundation Trust audit market where fewer suppliers than in the local government market provide audit services and no small firms have succeeded in winning work FTI Consultingrsquos report to the Department for Communities and Local Government (DCLG) argued thatusing a local choice model would lead to a lsquoconsolidation as big players pick up contracts and market concentration goes back uprsquo So this independent analysis verifies that local choice is unlikely to lead to a greater number of organisations entering into the audit market

ldquoThe eligibility criteria developed by the Financial Reporting Council [are] rigorous Those firms wishing to comply with regulatory requirements and compete for local authority audit need to maintain significant investment to ensure that they have the required capabilities There are currently seven audit firms carrying out local government audit work In the recent tendering exercise carried out by the Audit Commission no small firms [were] able to meet the standards requiredrdquo

Nor is there any basis for anticipating a more rigorous approach to audit than that which has long been available from district audit company auditors have hardly acquired universal respect for their control and exposure of the worst excesses the corporate world has had to offer in recent years

Nor indeed does privatisation denote an increase in the independence which audit calls for proposals to allow new local government bodies to appoint their own auditors (an historical right some authorities continued to enjoy into the mid-1900s) have been met by concern for independence since the mid-1800s (see the discussion of the Elementary Education Act 1870 in Local Government Audit Law



Jones 2nd Edn 1985 HMSO para120) in the face of opposition to a public sector service mounted by the accountancy associations eg in the 1950s and 1960s - see Jones at paras 138 140

Even where a choice could be made the public sector was the auditor of choice Thus following the Local Government Act 1972 and its application to water authorities under the Water Act 1973

ldquoOf the 467 principal councils and water authorities thus enabled to make a choice of auditor 425 chose the district auditor and 32 an approved auditor of some or all their accounts The district auditor was appointed to audit all but 22 out of about 8000 parish and community authorities Overall the district audit share of the workload increased from about 83 of all local government transactions before reorganisation to about 95 afterwardsrdquo (Jones para145)

In 1976 the Layfield Committee of Inquiry into Local Government Finance considered choice of auditor ldquowrong in principlerdquo (Jones para147) which led to the Local Government Finance Act 1982 Part 3 of which established the Audit Commission pursuant to which auditors were appointed by the Commission albeit following consultation Auditors could be either employed auditors or private accountants in practice some 70 of appointments were in-house

The need for independence did not go unacknowledged Authorities will now have to maintain - in addition to the separate Audit Committee that many already choose to have - a discrete Audit Panel of which the chair and a majority of the members must be independent (as defined) - see s9 and Sch4 the panel must advise the authority on the selection of auditors any proposed liability limitations the maintenance of an independent relationship and - to be prescribed in regulations - steps in relation to resignation or removal of auditor advice will need to be published (see ss10 11 15 16)

Authorities will need to consider the advice of their Audit Panels but will not be bound to conform to it although may be required to publish a statement of reasons for departing from it regulations will also afford detailed steps applicable

to resignation and removal designed to secure transparency and independence It is intended to limit appointments to a maximum five-year term and 10 years in all Subject to some safeguards (including a maximum amount) firms will however be able to undertake non-audit work for their authorities

As for qualification to conduct a local audit this is governed - to the extent that the Act does not leave it to regulation - by s18 and Sch5 which in turn operates largely by amendment of the Companies Act 2006 subject to some discrete provisions (eg defining independence) and with substantive powers conferred on the Secretary of State the intention is that the Financial Reporting Council will become the overall supervisor to which many of those powers will be delegated in turn it will authorise the existing accountancy bodies to act as supervisors with responsibilities for qualifications and technical standards and to monitor and investigate local audits consider complaints and include or exclude bodies from a register of local auditors from whom authorities would be obliged to select their own While these provisions are of course of great importance not only does much remain yet to be decided but they are not issues likely - at least in the near future - to concern local authority lawyers so much as accountancy professionals

CONCLUSIONThis has been not so much a birdrsquos eye view of some of the new provisions as a snapshot from outer space The fundamental and underlying issue is that of independence in audit True there are provisions which define and seek to safeguard independence and they are not to be brushed aside nonetheless independence is far more an issue of practice than it is of regulation External auditors employed by the Audit Commission may not always have been popular and they may at times have seemed to follow a central - even policy - line on some issues that gave rise to concerns about independence from a somewhat different perspective but their independence from the body being audited has never been in doubt

One reason for this - history and careful appointment aside - has been the lack of

even a latent interest in securing an award of either additional (non-audit) work from an authority or (more pertinently) further audit work from that authority or from others (ie ldquoreputational issuesrdquo) How true that will be where a small number of firms is chasing a vast body of work being turned around at the least every 10 years but often more frequently may yet need to be proven nor can be taken for granted n

PRO

FILE


PRO

FILE

ANDREW ARDEN QC Andrew Arden QC is a Barrister of Arden Chambers London Editor of Local Government Finance Law and Practice Co-author of Local Government Constitutional and Administrative Law

WE LAST SPOkE WITH YOU IN 2007 WHAT HAVE BEEN SOME OF THE kEY CHANGES WITHIN LOCAL GOVERNMENT LAW SINCE THEN

a) Generallybull Coalition governmentrsquos ldquolocalismrdquo agenda of

which the introduction of a general power of competence is the most significant constitutional change

bull The development of an ever-widening gap between provisions in England and Wales now two different systems

bull Changes to executive structures

bull Delegation powers to individual members

bull In most areas of local government services there is frequent policy and statutory change ndash eg housing planning education

b) Human Rights amp Housingbull The effect of the Human Rights Act 1998

continues to be felt but merits a particular mention in relation to housing where the early resistance of the House of Lords to a specific or discrete ldquoproportionalityrdquo defence - meaning that the court has to determine the proportionality of an eviction for itself regardless of domestic

law - was set aside in Manchester CC v Pinnock [2010] UKSC 45 amp [2011] UKSC 6 [2011] 2 AC 104 [2011] HLR 7 and Hounslow LBC v Powell Leeds CC v Hall Birmingham CC v Frisby [2011] UKSC 8 [2011] 2 AC 186 [2011] HLR 23

c) Localism Act 2011bull Part 5 2011 Act introduction of referendums for

ldquoexcessiverdquo council tax increases in England

bull Abolition of housing revenue account subsidy in England and the move to lsquoself-financingrsquo

bull Amendment of the Business Rate Supplements Act 2009 introducing the mandatory requirement of a ballot where a BRS is proposed or an existing BRS varied

bull Widening of the local authorityrsquos power to grant discretionary relief from National Non-Domestic Rates

bull Introduction of a new scheme for Small Business Relief

d) Local Government Finance Act 2012 bull Introduction of lsquoLocal retention of non-domestic

rates schemersquo ndash broadly a scheme under which a local authority can retain a proportion of NNDR (ldquothe local sharerdquo) for their area


bull Introduction of Council Tax reduction scheme abolition of council tax benefit abolition of a national scheme of discounts for specified groups replaced by a local scheme determined by each billing authority

e) Public Service Pensions Act 2013 bull Introducing provision for new schemes

to replace final salary pension schemes in the public sector including local government with career average pension schemes

f) Local Audit and Accountability Act 2014

bull Abolition of the Audit Commission and repeal of the Audit Commission Act 1998 to be replaced by a ldquolocal auditorrdquo appointed by the authority

g) Series of amendments to existing SIs examples include

bull Measures introduced to Capital Finance Regulations to assist with the fallout from the banking crisis particularly local authorities which had investments in Icelandic banks

bull measures to take account of new practices eg rating the use of securitisation transactions

WHAT ARE THE RECENT DEVELOPMENTS WHICH HAVE AFFECTED THE CONTENTS OF LOCAL GOVERNMENT FINANCE

a) Localism Act 2011 Local Government Finance Act 2012 Public Service Pensions Act 2013 Local Audit and Accountability Act 2014

bull Please see above for all of these which directly impact on LGF contents

bull So also the widening gap between English and Welsh provision referred to in (a) above

b) Otherbull Measures introduced to Capital Finance

Regulations to assist with the fallout from the banking as above

bull measures to take account of new practices as above

bull In addition there are changes to internal audit practice resulting from the adoption amp application of the Chartered Institute of Internal Auditors International Standards to the UK Public Sector (including local government)

WHAT ARE THE kEY CHALLENGES THAT FACE LOCAL GOVERNMENT PRACTITIONERS

bull Managing in the age of austerity how to ldquobalance the booksrdquo and do so lawfully See eg Regina (Attfield) v Barnet LBC [2013] EWHC 2089 (Admin) [2013] PTSR 1559 where the authority fell foul of a challenge to increased charges for residentsrsquo parking permits and visitorsrsquo vouchers in controlled parking zones under s45 of the Road Traffic Regulation Act 1984 it was held that the authorityrsquos purpose in increasing the charges was to generate a surplus to defray other road transport expenditure and reduce the need to raise income from other sources such as fines charges and council tax which was not a purpose properly authorised under the 1984 Act so that the authorityrsquos decision to increase charges was unlawful

bull Adapting to new (constantly changing) legislative provision ndash see for example the changes to the standards regime by the Localism Act

bull Challenges to budgets or specific items in budgets by way of Public Sector Equality Duty under s149 EA 2010 Particularly difficult in a period of retrenchment See eg R (W) v Birmingham CC [2011] EWHC 1147 (Admin) (social care) in which - while faulted on one aspect of consultation - Birmingham successfully defended an attempt to have its whole budget declared void (in consequence of the error)

WHY DID YOU CHOOSE TO SPECIALISE IN HOUSING AND LOCAL GOVERNMENT LAW

In 1974 when I began practice there was a crying need for practitioners to defend tenants and represent the homeless with the burgeoning law centre movement increased awareness of legal aid increased security of tenure increased awareness of the effect of bad housing conditions increased homelessness etc Yet the law was spread around a number of areas and had to be dug out of texts with a very different focus from that of most people I and others therefore began to develop a concept of or perspective known as housing law designed both to fulfil the demand but also to encourage the courts

(and others) to see housing cases in their own light

My work in housing led me into local government work particularly as a result of a couple of quite high profile local government inquiries in the early and mid-1980s (for the GLC into housing associations and for Hackney initially into freemasonry but which became an inquiry into the institutional deficiencies of the authority there was also an inquiry into improvement grant funding in Bristol) The first of these brought me into contact with two people who became very close friends and the most major influences on my life (professionally and personally) the late John Fitzpatrick the last Solicitor to the GLC and the late Maurice Stonefrost then Comptroller of Finance later Director-General and last chief officer of the GLC (who wrote the Foreword to Local Government Finance Law and Practice) which meant that while my initial orientation had been towards what might be called ldquohousing defencerdquo work (defending tenants advocating for the homeless) I began also to be aware of the extent to which local government could and did (and does - despite all the pressures on it) make an invaluable imaginative and constructive improvement to the community including its most dispossessed members ie I stopped seeing it - as I had tended to at the beginning of my practice - as ldquoenemyrdquo but as an important and irreplaceable ally In recent years there has been a tendency to see me as working primarily for local authorities actually I try to keep a balance and continue to work both for authorities and for tenantshomeless

WHATrsquoS THE MOST INTERESTING CASE YOUrsquoVE RECENTLY BEEN INVOLVED WITH

This was probably the Chase Farm Hospital closure of AampE and Maternity Unit which Enfield LBC (for whom I acted) had opposed for many years in light of the considerable under-provision of primary health care in their area pursuing every possible avenue before seeking judicial review we were unable to get permission although the judgment fails to address most of the material evidencing promises made which had plainly not been kept before the closures took place I was also in the human rights and housing cases


(above and in the ones they replaced) and the Birmingham (social care) case Two cases for Leeds were also very interesting R (Technoprint Plc) v Leeds CC [2009] EWCA 3220 (QB) (on amendment of constitution) and Mears v Leeds CC [2011] EWHC 40 (QB) [2011] BLR 155 [2011] EWHC 1031 (TCC) [2011] Eu LR 764 (on procurement)

HOW DO YOU MANAGE TO JUGGLE YOUR WRITING WITH YOUR DAY-TO-DAY WORk

Nowadays I have a lot of assistance from colleagues in Arden Chambers in the writing work as well as practice on my regular writing work - loose leafs law reports - there are eight or nine people who work with me so that - while I review (and revise) everything - the most time-consuming basic task of pulling the material together - whether the background facts and law for a law report or the background and details of new legislative materials - has been done for me in draft

TAkE US THROUGH A DAY IN THE LIFE OF ANDREW ARDEN QC

I am a practising barrister There is no typical day in my life It depends on what I am doing and where it might be written advisory work in chambers or a consultation either in chambers or at the offices of a local authority or a case in court which normally today for me means the Court of Appeal or the Supreme Court but can mean the High Court or even on occasion the county court or a tribunal Each of the courts is very very different in terms of location preparation presentation and makes different demands with different impacts on me and my day I am most usually in Chambers which is close to my home so I can get in or go back within 10-15 minutes (by motorbike) once home I rarely work in the evenings though often during the weekends

HOW DO YOU RELAx IN YOUR SPARE TIME

Quietly Irsquom a real homebody I usually spend an hour or two with my wife and a

glass of wine (or two) in the winter in front of the fire or in the summer in a covered area of our garden just chatting maybe listening to music (from opera to CampW through some jazz some classical some modern) Our daughter is a musician just finishing her degree at the Royal College of Music and living back at home (for what has become ldquothe usual reasonrdquo) and sometimes spends time with us but never plays for us at home though we go to as many of her concerts as possible The rest of the evening is like most others a bit of TV a bit of reading itrsquos surprising how tiredness creeps up and sends us to bed n

REUTERSneil Hall

LegaL SoLutionS from thomSon reuterS

A better way to practise the law manage your organisation and grow your business

Practical Law

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NAVIGATE TO SPECIFIC WORDS PHRASES CASES AND MORE

VIEW CONTENTS LIST IN LAYERS FOR EASE OF NAVIGATION

SCROLL QUICKLY TO DIFFERENT PARTS OF THE BOOK

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MOVE QUICKLY TO RELATED PARTS OF THE BOOK

COLOUR CODE YOUR HIGHLIGHTS AND NOTES

TAKE CONTENT INTO OTHER APPLICATIONS

HIGHLIGHT SECTIONS AND ANNOTATE WITH YOUR THOUGHTS

In 2011 Thomson Reuters launched ProViewTM our e-reader platform that lets customers work with eBooks on their iPad Android tablet Windows PC and Mac In Legal UK and Ireland there are now around 40 eBooks available to download and that number is increasing all the time ProView is evolving with new features all the time We caught up with Chris Hendry Head of Advanced Media Legal UK amp Ireland to discuss ProView and how the service can benefit local government legal professionals

COULD YOU TELL ME ABOUT THE THOMSON REUTERS PROVIEW APP AND SOME OF ITS kEY FEATURESThomson Reuters ProView is a professional grade eBook platform which has been designed specifically to meet the eBook needs of lawyers The platform is free and supports many time saving features which are unique to our eBooks Not only can you bookmark pages and highlight passages you can also create notes which you can organise and label You can

even transfer those notes to subsequent editions and be confident that theyrsquoll never be lost because we automatically back them up in the Cloud Navigation is simple you can search across your library jump through your viewing history or link from index and table of contents You can even create a PDF of a section which can be saved printed or emailed Whether you use an iPad an Android tablet or your computer ProView allows you to access your eBooks offline anywhere any time

WHAT SPECIFIC BENEFITS WOULD THIS HAVE TO LOCAL GOVERNMENT LEGAL PROFESSIONALSWith ProView yoursquoll get the answers to your queries fast and itrsquos very simple to use The text can be adjusted to your preference which makes it easier to read With ProView you have the confidence and convenience of knowing your library is close to hand and yoursquoll know yoursquore looking at the latest version of a book (published updates appear in your library automatically) We retain the print page and paragraph numbers in ProView so you can transfer between print and eBook if required Above all yoursquoll be more efficient in the office and with continuous offline access more effective and self sufficient when away from the office be it at home in court or in meetings

THOMSON REUTERS PROVIEWtrade THE PROfESSIONAL-GRADE APP


WHAT FUTURE DEVELOPMENTS ARE PLANNED FOR THE APPWersquove just introduced a feature which allows a reader to import eBooks into ProView from other publishers This means that you can benefit from many of the ProView features even if the eBook isnrsquot published by Thomson Reuters and allows you to create one library of eBooks with all the benefits of a single access point Later this year yoursquoll be able to link from a case or legislation citation in a ProView eBook to the relevant document held in Westlaw UK Yoursquoll also be able to link between eBooks within your ProView library Wersquore constantly updating and improving the platform in response to customer feedback

WHAT HAPPENS TO THE NOTES AND BOOkMARkS THAT ARE MADE TO A TITLE ON THE APP WHEN THE NExT EDITION PUBLISHESThis can save you a lot of time We have a feature that will automatically transfer your notes and bookmarks when a new edition publishes If the structure and content of the new edition has changed significantly

some of these annotations will be displaced but we retain them and you can manage the transfer manually - still much easier than in print

WILL I BE ABLE TO PURCHASE ANY LOOSELEAFS OR JOURNALS VIA PROVIEWWe have many books already available and wersquore just launching our first looseleafs and journals now Wersquore hoping to release the Encyclopaedia of Planning to ProView later this year so it may be worth keeping an eye out for that

WHAT DEVICES CAN PROVIEW BE INSTALLED ON AND ON HOW MANY DEVICES CAN IT BE INSTALLED PER USEREach ProView user is entitled to download a purchased eBook to 4 personal devices This means you can have it installed at work home and on your tablet so you can work most effectively wherever you are We support iPad Android tablets Windows PC and Mac

SWEETANDMAxWELLCOUkPROVIEW

WILL SUPPLEMENTS OF TITLES BE INCLUDED INTO THE MAIN TExT OR AVAILABLE AS A SEPARATE TITLEAt the moment wersquore following the print model and publishing the supplement as a separate eBook We have a feature that allows you to toggle easily between books but we know its not the ideal solution so wersquore working towards a solution that merges updates into the main body of the text

HOW MUCH DOES THE APP COSTThe ProView app is free and you can download it from the App Stores or our website The eBooks which run in ProView can be bought from our online store or our account managers eBooks are priced the same as their print equivalent or you can buy a discounted bundle of print and eBook You can request a free trial today and try this out for yourself

THROUGHOUT 2013 The following features were added to ProView

rsaquo Anchor Lists and Navigation

rsaquo Ios7 update

rsaquo Enhanced annotations management (Annotation labeling filtering searching page number references and TOC references)

rsaquo Enhanced Displaced notes (Options to assist the user now includes Searching and Jumping to Originating Section)

rsaquo Print

rsaquo Where Print exists (Create and Share PDF)

rsaquo Sort by Topic

rsaquo Support for periodicals

kEY TITLES ON PROVIEWArchbold Criminal Pleading Evidence and Practice 2014

Archbold Magistrates Courts Criminal Practice 2014

Chitty on Contracts 31st Edition and 1st Supplement

Crown Court Index 2014

De Smiths Judicial Review 7th Edition

Mental Health Act Manual 16th Edition

Strouds Judicial Dictionary of Words and Phrases 8th Edition and 1st Supplement

White Book 2014

Wilkinsons Road Traffic Offences 26th Edition

FOR 2014 rsaquo Preview pull-down ndash to quickly

move between recently viewed titles without having to return to library

rsaquo Enhanced periodical support (journals etc)

rsaquo E-reference sorting ndash in addition to periodicals

rsaquo Publish date and optional text

rsaquo Local e-pub import ndash import other titles that are not protected by DRM

BOOkSHOP


SERVICE CHARGES AND MANAGEMENT 3Rd EdITIonProvides comprehensive coverage of the law relating to service charges and management of commercial residential and mixed use developments with commentary on leasehold and commonhold propertybull Written for use by solicitors counsel surveyors managers landlords and tenantsbull Examines the topic of service charges and management thoroughly addressing potential issues and offering useful guidance

on the available remediesbull Management issues covered include the appointment of manager acquisition orders and the acquisition and exercise of the

right to managebull Covers service charges in relation to commercial residential and mixed-use leasehold and commonhold propertynow Published pound145 978 0 41403140 1

HIGHWAY LAW 5TH EdITIon The new 5th edition supplies a detailed and practical commentary on the law relating to the creation upkeep development and ownership of highways including the powers and duties of highway authorities the rights of users of the highway and of those who own land around the highway

bull Provides you with a complete reference to the law governing highwaysbull Delivers clear practical guidance written in a straightforward and accessible stylebull Addresses matters of particular interest to practitioners such as stopping up and diversion orders traffic orders street

works footpaths bridleways and bridgesnow Published pound175 978 0 41402490 8

PENSIONS ON DIVORCE 2nd EdITIonExplains in an accessible fashion one of the most technical and pitfall-strewn areas of family law practicebull Explains what powers the court has to intervene and redistribute pension rightsbull Goes through the procedural mechanisms which the court will follow in carrying out intervention and redistributionbull Discusses the circumstances in which the court will consider it appropriate to intervene and redistribute pension rights or

make some other compensatory provisionnow Published pound95 978 1 90801319 4

TODDSrsquo RELATIONSHIP AGREEMENTSThis new book brings together in one source comprehensive guidance on the law relating to all types of relationship agreementsbull Details precisely how to decide if the agreement was unconscionable at the date of its inception considering duress undue

influence mistakes inadequate legal advice etc This is an essential aspect that competing titles do not appear to addressbull Gives detailed drafting advice highlighting what should be included and what should notbull Suggests a frame work for calculating fair figures to put in a pre-nup and a methodology for determining thesebull Specifically addresses conflicts between jurisdictions ndash the key issue behind the landmark Radmacher casenow Published pound10098 978 0 41402303 1

FAMILY LAW JURISDICTIONAL COMPARISONS 2nd EdITIon EURoPEAn LAWyER REFEREnCE SERIESFamily Law is an essential guide that enables you to make quick comparisons between 46 international jurisdictions worldwide

bull Offers essential current content reflecting Family Law across over 46 major jurisdictions throughout the worldbull Includes contributions from expert international family lawyers who are Fellows of the International Academy of Matrimonial

Lawyers (IAML)bull Provides a reader-friendly QampA format to allow for easy cross-jurisdictional comparisonsnow Published pound180 978 0 41402870 8

WILkINSONrsquoS ROAD TRAFFIC OFFENCES 1ST SUPPLEMEnT To THE 26TH EdITIonWilkinsonrsquos Road Traffic Offences is the leading work on the law and practice of road traffic offences The 26th edition brings you up to date with the latest developments in road traffic law The 1st Supplement brings the main work up to date to February 1 2014

bull Detailed coverage of the new drug driving offences to be introduced by the Crime and Courts Act 2013bull Considered analysis of the Supreme Court decision in R v Hughes on the issue of causation with regard to the offence of

causing death by driving whilst uninsured etcbull Latest legislative developments as regards drug driving failing to display a licence a road user levy non-custodial and

community sentencesMay 2014 pound69 978 0 41403511 9


HAGUE ON LEASEHOLD ENFRANCHISEMENT 6TH EdITIonNow in its sixth edition Hague on Leasehold Enfranchisement is the definitive source on the law and procedures to follow for enfranchisements involving houses collective enfranchisement of flats and the individual right to a new lease Includes the followingbull Hosebay Ltd v Day [2012] 1 WLR 2884bull Cravecrest v Duke of Westminster [2013] 4 All ER 456bull Cadogan v Magnohard [2013] 1 WLR 24

June 2014 pound195 978 0 41402875 3

THE LAW OF PUBLIC AND UTILITIES PROCUREMENT 3Rd EdITIon VoLUME 1This edition of the work regarded as lsquothe biblersquo on procurement issues provides a detailed explanation of the legal and policy framework for procurement in the EU and UK including full analysis of how the 2014 directives will change the rulesbull Includes full analysis of the ldquoproblem areasrdquo in the new directivesbull Looks in depth at procedures for awarding PFIPPP contractsbull Offers detailed analysis of ldquogreyrdquo areas of practical importance such as post-tender negotiations and corrections to tenders

July 2014 pound125 978 0 42196690 1

CARE ACT MANUAL NEW TITLE The Care Act Manual provides a comprehensive and crucial guide to the Care Act 2014 regarding the provision of care and support services to older and disabled people and their carers plus safeguarding vulnerable adults from abuse and neglectbull Ensures you understand the rights and responsibilities of the party yoursquore advisingbull Makes sure yoursquore working from the most up-to-date source available on this new Actbull Recognises the impact recent changes to the law have on affected parties

June 2014 pound65 978 0 41403260 6

MENTAL CAPACITY ACT MANUAL 6TH EdITIonThe new 6th edition provides a detailed and practical commentary on the law relating to empowering and protecting vulnerable people who are not able to make their own decisionsbull P and Q v Surrey County Council (Respondent) on how the Court should determine whether there is a deprivation of liberty for

the purposes of the Mental Capacity Act 2005bull A Local Authority v AK which examined pre-Act authority when identifying the test for capacity to marrybull IM v LM where the Court of Appeal confirmed that the test for capacity to consent to sexual relationships is general and issue

specific rather than person or event specific

June 2014 pound55 978 0 41403438 9

DIRECTORY OF LOCAL AUTHORITIES 2014 The Directory of Local Authorities 2014 is an invaluable tool for anyone involved in conveyancing searches and property work Fully updated every year it contains complete contact information for every local authority in England Scotland and Wales The Directory is much more than just a listing of local authorities It also providesbull A gazetteer of over 25000 place names all cross referenced to the appropriate authoritybull Full contact details for authorities including email addresses and URLs where availablebull Conveyancing fees and charges for each authority

July 2014 pound70 978 0 41403446 4

NEW EDITIONS AND TITLES FROM SWEET amp MAxWELL

By email trlukordersthomsonreuterscom By telephone 0845 600 9355 online sweetandmaxwellcouk

YOUR 30-DAY SATISFACTION GUARANTEEour customer promise means that if you are not totally satisfied with the goods you have ordered you are protected under our 30-day satisfaction guarantee As long as the goods are returned within the 30-day period in good resalable condition and according to our returns procedure your order will be cancelled and you will owe nothing or will be refunded the price of the goods Applicable in UK and Europe only

REQUEST A STANDING ORDER For any of these titles and receive a 10 discount Plus future editions will be sent to you automatically each with the same 10 discount For more information visit sweetandmaxwellcouk

COMING SOON

LOCAL GOVERNMENT LAW

AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk


SCHOFIELDrsquoS ELECTION LAWbull Local government lawbull 3 Releases a yearbull Sets out and explains the law and

practice of elections and referendums in England and Wales

ENCYCLOPEDIA OF LOCAL GOVERNMENT LAWbull Local government lawbull 3 Releases a yearbull Incorporates full texts of Acts and

regulations accompanied with a detailed commentary and full references to relevant judicial authorities

CROSS ON LOCAL GOVERNMENT LAWbull Local government lawbull 3 Releases a yearbull The definitive narrative text on local

government law with an established reputation among local government officers and lawyers It provides a full and detailed account of local authoritiesrsquo powers and duties in their many fields of operation

ENCYCLOPEDIA OF HOUSING LAW AND PRACTICEbull Housing lawbull 4 Releases a yearbull Providing the housing law practitioner

with a wide range of housing information including all relevant legislation with annotations

EU PUBLIC PROCUREMENT LAW AND PRACTICEbull Local government Public procurement

lawbull 2 Releases a yearbull Providing practical guidance on all

aspects of the EU public procurement legislation

ENCYCLOPEDIA OF HIGHWAY LAW AND PRACTICEbull Highway lawbull 3 Releases a yearbull Ideal for the practitioner dealing with

all compliance issues and including the full text of all relevant legislation with annotations

ENCYCLOPEDIA OF ENVIRONMENTAL HEALTH LAW AND PRACTICEbull Environmental lawbull 3 Releases a yearbull A definitive source of reference

whenever needing guidance on any aspect of this wide-ranging area of law

ENCYCLOPEDIA OF SOCIAL SERVICES AND CHILD CARE LAWbull Family amp social welfare lawbull 3 Releases a yearbull Provides clear explanation of the law

relating to the care of children and vulnerable adults and social services

ENCYCLOPEDIA OF PLANNING LAW AND PRACTICEbull Planning lawbull 4 Releases a yearbull The most comprehensive source of

information and guidance on planning law and policy includes all relevant legislation including EC legislation as well as domestic statutes and statutory instruments

ENCYCLOPEDIA OF COMPULSORY PURCHASE AND COMPENSATION

bull Planning lawbull 3 Releases a yearbull Provides a complete and up-to-date

guide to the complex provisions of the law relating to compulsory purchase and presents detailed coverage of the powers of relevant authorities

SWEET amp MAxWELLrsquoS PLANNING LAW PRACTICE AND PRECEDENTSbull Planning lawbull 3 Releases a yearbull dealing with all aspects of town and

country planning and specifically written to help you solve the problems you are likely to face in daily practice

ENCYCLOPEDIA OF ROAD TRAFFIC LAW AND PRACTICE

bull Road Trafficbull 3 Releases a yearbull Reproduces all relevant legislation

and subordinate legislation with clear detailed explanation and interpretations and includes summaries of case law and separate sections devoted to procedure and EU materials

RUOFF AND ROPER REGISTERED CONVEYANCING bull Conveyancingbull 4 Releases a yearbull Unrivalled reference source on land

registration covering the whole process of land registration from first registration and upgrading of land through to rectification indemnity and determination of disputes

EMMET AND FARRAND ON TITLE bull Conveyancingbull 4 Releases a yearbull Guiding readers through the law and

practice of conveyancing Emmet and Farrand covers every stage of the conveyancing transaction in meticulous detail from enquiries before contract through to completion

WOODFALL LANDLORD amp TENANT bull Landlord amp tenantbull 4 Releases a yearbull Provides you with a complete and

definitive reference work covering residential commercial and agricultural landlord and tenant law and covers a range of topics from the relationship between landlord and tenant through leases and leasehold enfranchisement to the implications of commonhold ownership rent and covenants

For more information about our local government content on Westlaw UK contact your account manager or call us on 0800 028 2200

Wersquove been working hard to ensure that we continue to deliver the information you need in the ways you want it Thatrsquos why wersquove identified our key looseleaf titles that local government legal professionals use and ensured that they are available to you on Westlaw UK Yoursquoll have all the tools you need in one place online ndash meaning it couldnrsquot be easier for you to access the information you need and fast

Local government law now available on Westlaw UK

REU

TER

S

Paul

o W

hita

ker

CON

TACT

S


YOUR THOMSON REUTERS LOCAL GOVERNMENT ACCOUNT MANAGERS CAN BE CONTACTED BY TELEPHONE OR EMAIL AS LISTED BELOW

Mark Langsbury 07827 662 262 marklangsburythomsonreuterscom

Lance Thompson 07825 725 008 lancethompsonthomsonreuterscom

Philippa Pritchett-Brown 07702 319 730 philippapritchett-brownthomsonreuterscom

Nick Dosanjh 07885 389 135 nickdosanjhthomsonreuterscom

Anne Lawson 07825 430 288 annelawsonthomsonreuterscom

Sean Duffy 07775 407 635 seanduffythomsonreuterscom

Rima Mukherjee 07990 887 945 rimamukherjeethomsonreuterscom

Bedfordshire Berkshire BuckinghamshireNick Dosanjh

CambridgeshireLance Thompson

CheshireAnne Lawson

ClevelandRima Mukherjee

CornwallSean Duffy

CumbriaAnne Lawson

derbyshireLance Thompson

devon dorsetSean Duffy

durhamRima Mukherjee

East SussexNick Dosanjh

EssexMark Langsbury

GloucestershireSean Duffy

HampshireSean Duffy

HerefordshireLance Thompson

HertfordshireMark Langsbury

KentNick Dosanjh

LancashireAnne Lawson

LeicestershireLance Thompson

LincolnshireLance Thompson

London Barking amp dagenham Barnet Nick Dosanjh

BrentMark Langsbury

Bexley BromleyNick Dosanjh

CamdenMark Langsbury

CroydonNick Dosanjh

City of LondonSean Duffy

EalingMark Langsbury

EnfieldNick Dosanjh

GreenwichNick Dosanjh

Hackney Hammersmith amp Fulham Harrow HillingdonMark Langsbury

Haringey HaveringNick Dosanjh

HounslowMark Langsbury IslingtonMark Langsbury

Kensington amp ChelseaMark Langsbury

Kingston upon ThamesNick Dosanjh

LambethNick Dosanjh

LewishamNick Dosanjh

MertonNick Dosanjh

newhamMark Langsbury

RedbridgeNick Dosanjh

Richmond upon Thames Southwark SuttonNick Dosanjh

Tower Hamlets Waltham ForestNick Dosanjh

WandsworthNick Dosanjh

WestminsterNick Dosanjh

Greater Manchester MerseysideAnne Lawson

norfolkLance Thompson

northamptonshireLance Thompson

northern IrelandRima Mukherjee

northumberlandRima Mukherjee

nottinghamshireLance Thompson

oxfordshireMark Langsbury

ShropshireAnne Lawson

SomersetSean Duffy

StaffordshireAnne Lawson

SuffolkMark Langsbury

SurreyNick Dosanjh

Tyne amp WearRima Mukherjee

Walesnorth WalesAnne Lawson

Mid amp South WalesSean Duffy

WarwickshireLance Thompson

West Midlands Lance Thompson

West SussexNick Dosanjh

WiltshireSean Duffy

WorcestershireLance Thompson

yorkshireEast yorkshireRima Mukherjee

north yorkshire South yorkshireRima Mukherjee

West yorkshireRima Mukherjee

ScotlandRima Mukherjee

REUTERSTOBY MELVILLE

SWEET amp MAXWELL

THE ESSENTIAL GUIDE TO PROTECTING THE VULNERABLE

INTRODUCING

In light of the Care Act 2014 the Care Act Manual provides a comprehensive and crucial guide to this piece of legislation

Written by Tim Spencer-Lane who is responsible for the Law Commissionrsquos review of adult social care law the Care Act Manual is written in a clear and practical style is written in a clear and practical style to help you easily understand the law and its implications

CARE ACT MANUALTim Spencer Lane bull ISBN 9780414032606 bull Publishing July 2014 bull Price pound65


CALL 0845 600 9355 (UK) +44 (0)1264 388560 (International)

VISIT sweetandmaxwellcoukEMAIL TRLUKIordersthomsonreuterscom

Quoting reference 1520304A

THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL

REUTERSBeawiharta Beawiharta

These are the two things we believe all professional development should be

Only one person knows how you like to learn what you want to learn and when you have the time to do it And thatrsquos you Thatrsquos why wersquore putting you in the driving seat

Choose from video audio interactive online training webinars and conferences In real time or on demand this is learning that fits with you and stays with you

ENGAGING AND ENERGISING

SWEET amp MAXWELL PROFESSIONAL DEVELOPMENTLEARNING DRIVEN BY YOU

For more information VISIT legalpdcomEMAIL TRLUKIlegalpdthomsonreuterscomCALL 0845 026 8213

WEL

COM

EPre-order your copy today

visit sweetandmaxwellcoukwhitebook

call 0845 600 9355

email TRLUKIordersthomsonreuterscom

Now published

priNt ebook oNliNe

whITe booK

2014 iNspiriNG cONFiDeNcein research in court in practice

sweet amp maxwell

WEL

COM


IN THIS ISSUE








24 BOOkSHOP








LAWTEL latwelcom

SOLCARA solcaracom








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Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL








WEL

COM


IN THIS ISSUE








24 BOOkSHOP








LAWTEL latwelcom

SOLCARA solcaracom








Enjoy the issue









HOW WILL IT CHANGE









S




































5









KIRSTEn MASLEn






3BM


Epic ELM CIC


Aspire Sussex Ltd



STAff MUTUALS












STAff MUTUALS

LEGAL ISSUES


Powers




















of profits





Procurement













State aid









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Before the transfer










After the transfer




Staffing issues









STAff MUTUALS


STAff MUTUALS

Pensions
















































v


[2014] EWCA Civ 13











2014 c12







v


amp


[2014] EWCA Civ 228





2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL













HOW WILL IT CHANGE









S




































5









KIRSTEn MASLEn






3BM


Epic ELM CIC


Aspire Sussex Ltd



STAff MUTUALS












STAff MUTUALS

LEGAL ISSUES


Powers




















of profits





Procurement













State aid









STAff MUTUALS




Before the transfer










After the transfer




Staffing issues









STAff MUTUALS


STAff MUTUALS

Pensions
















































v


[2014] EWCA Civ 13











2014 c12







v


amp


[2014] EWCA Civ 228





2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL









































5









KIRSTEn MASLEn






3BM


Epic ELM CIC


Aspire Sussex Ltd



STAff MUTUALS












STAff MUTUALS

LEGAL ISSUES


Powers




















of profits





Procurement













State aid









STAff MUTUALS




Before the transfer










After the transfer




Staffing issues









STAff MUTUALS


STAff MUTUALS

Pensions
















































v


[2014] EWCA Civ 13











2014 c12







v


amp


[2014] EWCA Civ 228





2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL
















KIRSTEn MASLEn






3BM


Epic ELM CIC


Aspire Sussex Ltd



STAff MUTUALS












STAff MUTUALS

LEGAL ISSUES


Powers




















of profits





Procurement













State aid









STAff MUTUALS




Before the transfer










After the transfer




Staffing issues









STAff MUTUALS


STAff MUTUALS

Pensions
















































v


[2014] EWCA Civ 13











2014 c12







v


amp


[2014] EWCA Civ 228





2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



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June 2014 pound195 978 0 41402875 3


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July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL











3BM


Epic ELM CIC


Aspire Sussex Ltd



STAff MUTUALS












STAff MUTUALS

LEGAL ISSUES


Powers




















of profits





Procurement













State aid









STAff MUTUALS




Before the transfer










After the transfer




Staffing issues









STAff MUTUALS


STAff MUTUALS

Pensions
















































v


[2014] EWCA Civ 13











2014 c12







v


amp


[2014] EWCA Civ 228





2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL









STAff MUTUALS

LEGAL ISSUES


Powers




















of profits





Procurement













State aid









STAff MUTUALS




Before the transfer










After the transfer




Staffing issues









STAff MUTUALS


STAff MUTUALS

Pensions
















































v


[2014] EWCA Civ 13











2014 c12







v


amp


[2014] EWCA Civ 228





2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL









Procurement













State aid









STAff MUTUALS




Before the transfer










After the transfer




Staffing issues









STAff MUTUALS


STAff MUTUALS

Pensions
















































v


[2014] EWCA Civ 13











2014 c12







v


amp


[2014] EWCA Civ 228





2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL











Before the transfer










After the transfer




Staffing issues









STAff MUTUALS


STAff MUTUALS

Pensions
















































v


[2014] EWCA Civ 13











2014 c12







v


amp


[2014] EWCA Civ 228





2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL









STAff MUTUALS

Pensions
















































v


[2014] EWCA Civ 13











2014 c12







v


amp


[2014] EWCA Civ 228





2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL










































v


[2014] EWCA Civ 13











2014 c12







v


amp


[2014] EWCA Civ 228





2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL















2014 c12







v


amp


[2014] EWCA Civ 228





2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL









2014 c6





SSI 201425













Sources













PUBLIC LAW







REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL













REUTERSBrian Snyder











































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL

















































PRO

FILE


PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL








PRO

FILE
























































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL











































REUTERSneil Hall



Practical Law

Westlaw Uk


Lawtel

Sweet amp Maxwell

Serengeti


Solcara


legal-solutionscouk





BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL












BOOKMARK KEY PAGES





















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL



















rsaquo Ios7 update



rsaquo Print











White Book 2014








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL








BOOkSHOP





















June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL










June 2014 pound195 978 0 41402875 3


July 2014 pound125 978 0 42196690 1


June 2014 pound65 978 0 41403260 6




June 2014 pound55 978 0 41403438 9


July 2014 pound70 978 0 41403446 4





COMING SOON


AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL









AT YOURFINGER TIPS

REU

TER

S

Paul

o W

hita

ker

ON WESTLAW Uk






































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL













































REU

TER

S

Paul

o W

hita

ker

CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL








CON

TACT

S












CheshireAnne Lawson


CornwallSean Duffy

CumbriaAnne Lawson





EssexMark Langsbury


HampshireSean Duffy



KentNick Dosanjh





BrentMark Langsbury



CroydonNick Dosanjh



EnfieldNick Dosanjh







LambethNick Dosanjh


MertonNick Dosanjh















SomersetSean Duffy



SurreyNick Dosanjh







WiltshireSean Duffy







SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL


SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL









SWEET amp MAXWELL


INTRODUCING








THE CARE ACT MANUAL








Local Government Lawyer Issue 24

Documents

Transcript of Local Government Lawyer Issue 24