Local Government Alert - 1 June 2011
Welcome to the Michelmores Local Government Alert.
A round-up of the latest news and legal developments affecting Local Government. We hope that you find this useful and welcome your feedback. Please contact us with any comments or queries.
In this issue:
Children Services:
Children and the Housing Act 1996...
Local authority duties for the homeless...
Education:
Academies to be exempt charities...
DfE consults on changes to performance management and capability arrangement for teachers...
Environment:
Water Framework Directive...
DEFRA report on Climate Resilient Infrastructure...
Green Investment Bank to begin investing from April 2012...
Housing:
Charities and corporation tax...
Claimant found to be "intentionally homeless" after moving his children into a single room in a shared house...
Industrial Relations:
Trade union voting procedures...
Local Government:
The Local Government Group publishes response to the Fair Deal...
PQOs removed to assist small businesses...
Employment:
Equality Act 2010...
Procurement:
OECD guidance on corporate governance for state owners...
Property and Planning:
EPC guidance for holiday lets published...
Regulations to transfer private sewers to come into force...
Children Services
Children and the Housing Act 1996
The Court of Appeal has ruled that Lambeth Council acted unlawfully by referring a teenager to its homeless people's unit and not its children services department. This case indicates that all local authorities must have relevant procedures and checks in place to ensure that the appropriate guidance is followed and children are referred to the relevant unit and are supported in accordance with the Childrens Act 1989.
Case: R (on the application of TG) v London Borough of Lambeth [2011] EWCA Civ 526
Local authority duties for the homeless
The Court of Appeal has ruled that separate flats for family members on the same floor do not comply with local authority homelessness duties under the Housing Act 1996. Housing authorities will not be complying with section 176 if they provide "split accommodation" for an individual and those who normally reside with them as family members.
Case: AS v London Borough of Camden [2011] EWCA Civ 463 (20 April 2011)
Education
Academies will be exempt charities from 1 August 2011
Exempt charities are not required to, and are unable to, register with the Charity Commission and are not subject to the Commission's monitoring and investigative powers.
Department for Education consultation
The Department for Education has published a consultation on proposed changes to the performance management and capability arrangements for teachers in England.
Environment
The conservation pressure group WWF-UK has withdrawn its application for judicial review made in March 2010 that the Department for the Environment Food and Rural Affairs (DEFRA) had not fully implemented the Water Framework Directive (WFD). WWF-UK state that they have now reached a settlement with DEFRA. The Directive requires the production of key documents over a six year planning cycle to ensure implementation. The hope is to enhance and protect the quality of freshwater, groundwater, estuaries and coastal waters.
DEFRA report on Climate Resilient Infrastructure
On 9 May 2011 DEFRA published Climate Resilient Infrastructure: Preparing for a Changing Climate. The report hopes to assist in the delivery of "an infrastructure network that is resilient to today's natural hazards and prepared for the future changing climate."
Green Investment Bank to begin investing from April 2012
On 23 May 2011, the Deputy Prime Minister, Nick Clegg announced further details about the government's Green Investment Bank (GIB). The government hopes that it will lead to the injection of £15 billion into the green economy within four years. Nick Clegg also said that the GIB would be independent from government ministers.
Procedure
The Equality Act 2010 (Guidance on the Definition of Disability) Appointed Day Order 2011 (SI 2011/1159) (the Order) has been brought into force which provides updated guidance on matters to be taken into account when determining questions relating to the definition of disability.
Housing
Helena Partnerships Limited appealed against corporation tax assessments for its accounting periods ending in March 2003 and 2004, and asserted that it should be treated as a charity for those periods even though it had not been registered as a charity until December 2004. However, it was found that one of Helena's company aims had been to benefit its existing tenants, rather than to provide housing to those who may be in need. The case illustrates that a trust or organisation that meets the criteria for charitable status as a matter of law regardless of whether it is registered with the charity commission. However, tax reliefs may not be granted for the period before the organisation is registered with the Charity Commission.
Case: Helena Partnerships Limited v HMRC [2011] FTC/42/2010
The Court of Appeal has held that a claimant made himself intentionally homeless by allowing his three children to move out of the property they shared with their mother into his single room in a shared house. The landlord gave the claimant notice to quit as the room was entirely unsuitable for four people. The claimant then applied to Oxford City Council housing and they provided temporary accommodation. However, they found that they did not owe a duty to house the claimant as he had made himself intentionally homeless. This decision is good news for local authorities faced with a shortage of housing. Jackson LJ stated that this decision helped to avoid the situation where local authorities were forced to "provide two family-sized homes for the same family".
Case: Oxford City Council v Bull [2011] EWCA Civ 609
Industrial Relations
A motion to introduce a Private Members' Bill that would have made some strikes illegal if they were not supported by a majority of union members at that workplace, as opposed to simply a majority of those voting, has been rejected.
Local Government
The Local Government Group publishes response to the Fair Deal
The Local Government Group, a body representing local government member authorities in England and Wales, has responded to HM Treasury's consultation on the future of the Fair Deal Policy. Crucially, the response points to two issues not covered in the consultation; these are pension rights that transfer under TUPE and bulk intra-public service staff transfers.
PQOs removed to assist small businesses
The government has recently announced that Pre-Qualification Questionnaires (PQQs) are to be removed for public sector contracts with a value under £100,000. The announcement is part of a package of measures which aim to open up public contracts to SMEs, charities and voluntary organisations.
Procurement
OECD guidance on corporate governance for state owners
The Organisation for Economic and Co-operation and Development has produced guidance on corporate governance challenges for states that are corporate owners, and discussing competitive neutrality and state-owned enterprises. The guidance suggests that business activities of currently unincorporated parts of the government sector would become much more competitive and accountable if they were made subject to the SOE Guidelines.
Property and Planning
EPC guidance for holiday lets published
The Department for Communities and Local Government has published guidance on energy performance certificates (EPCs) for holiday lets, which comes into effect on 30 June 2011. The guidance does not alter the existing position regarding EPCs. However, the position of EPCs and mobile homes, caravans, park homes, and bed and breakfasts is that these do not usually require an EPC.
Regulations to transfer private sewers to come into force
Subject to approval by Parliament, regulations to transfer private sewers are to come into force on 1 July 2011. This will require water and sewerage companies to take ownership of all private sewers and lateral drains that are connected to the public sewerage system on 1 July 2011, but will only apply to residential and commercial properties.
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For further information on any of the areas mentioned above, please contact us:
Graham Cridland
Partner, Planning/Commercial Property
Tel: 01392 687540
Email: graham.cridland@michelmores.com
Sally Rice
Partner, Commercial Property
Tel: 01392 687511
Email: sally.rice@michelmores.com
Category: Sectors
Last updated: 2011-06-02 10:17:50
