Public Sector Exit Payments

September 7th, 2020 by James Goudie QC in Local Authority Powers

Both Houses of Parliament are back in session, but there are still no draft Regulations before them for a £95K cap on exit payments. Indeed it is now apparent that this will not happen before November at the earliest. On 7 September 2020, MHCLG has issued a Consultation Paper, for response by 9 November 2020, “ Reforming Local Government Exit Pay”. This is on exit pay for local government workers in England, and specifically for those who are eligible to be members of the LGPS, with entitlement to early access to pension and to redundancy compensation pay. The consultation includes proposals for limiting pension strain cost. There are 12 consultation questions.

 

Welsh Text

August 3rd, 2020 by James Goudie QC in Local Authority Powers

R ( Driver ) v Rhondda Cynon Taff CBC ( 2020) EWHC 2072 ( Admin) concerns the reorganisation by the Council of reorganisation of education in the Pontypridd area, and in particular the implications for 6th forms. Fraser J found the Council to be in breach of Section 50 of the School Standards and Organisation ( Wales) Act 2013, and of the Welsh Government School Organisation Code 2013, in relation to assessing the impact of the proposals upon the Welsh language.
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Termination of Employment

July 22nd, 2020 by James Goudie QC in Local Authority Powers

The Government has, in a consultation response dated 21 July 2020, made revisions to its draft Regulations that will implement a £95,000.00 cap on exit payments in the public sector.

 

Coronavirus

July 21st, 2020 by James Goudie QC in Local Authority Powers

The Government has published Guidance on Local Authority powers to impose coronavirus restrictions to support the No 3 Regulations and the procedures to be followed. The provisions include the following.
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Coronavirus Restrictions

July 20th, 2020 by James Goudie QC in Local Authority Powers

The Health Protection ( Coronavirus Restrictions) (England) Regulations 2020, S.I. 2020/750, accompanied by an Explanatory Memorandum, make provision for local authorities to give Directions relating to (1) individual premises ( Regulation4), (2) events ( Regulation 5), and (3) public outdoor events (Regulations 1 and 6-8 inclusive).

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Coronavirus

July 17th, 2020 by James Goudie QC in Local Authority Powers

The Prime Minister has on 17 July 2020 announced that (1) Regulations will take effect on 18 July 2020 to provide local authorities in England with new powers to (i) close specific premises, (ii) shut outdoor public spaces, and (iii) cancel events; and (2: draft Regulations will be published next week setting out Central Government can intervene at a local level, by taking such actions as (I) closing whole sectors or types of premises in an area, (ii) introducing local “ stay at home “ orders preventing people entering or leaving an area, or (iii) reducing the size of gatherings.

 

Public Spaces Protection

July 6th, 2020 by James Goudie QC in Local Authority Powers

In Wycombe District Council v Snowball (2020) EWHC 1656 (Admin) a Public Spaces Protection Order (PSPO), made under Section 59 of the Anti-Social Behaviour etc Act 2014, was in force. The PSPO prohibited consumption of alcohol, or having an open container for alcohol, in a restricted area. The respondent was in a restricted area. He was holding an open can. It was labelled as lager. He was seen drinking from it. He refused to surrender the can. He was issued with a Fixed Penalty Notice (FPN) under Section 68 of the Act.

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Expediency

May 14th, 2020 by James Goudie QC in Local Authority Powers

Numerous statutory powers are expressed in terms of what is “ expedient “ or “ necessary or expedient “. What is meant by “ expedient”? The use of the word “ expedient” suggests that “ a broad balance or judgment is to be made by the decision-maker”. So said Lieven J at para 43 in Open Spaces Society v SoS for DEFRA (2020) EWHC 1085 ( Admin ), a case on diversion of a public footpath, in accordance with Section 119 of the Highways Act 1980.

 

Boycotts

April 29th, 2020 by James Goudie QC in Local Authority Powers

Important powers of authorities for themselves and their employees and the authorities of others relate to the Local Government Pension Scheme (the LGPS), for which some authorities are “administering authorities” (AAs). AAs make investments. What are their powers as to what investments they make in that capacity?

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Community Protection Notice

April 27th, 2020 by James Goudie QC in Local Authority Powers

A Community Protection Notice under Section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014 may not be served on person A in respect of anti-social behaviour by person B, say a child, on account of A being in a position to, and expected to, exert control over B. So held by a Divisional Court in Staffordshire Moorlands District Council v Sanderson (2020) EWHC 962 (Admin). Andrews J said, at para 35, that Parliament has chosen not to attribute the anti-social behaviour of one person to another person even if that other person has some power of control unless the behaviour can be treated as if it were the behaviour of that other person. Hickinbottom LJ, at para 41, gave the examples of when the anti-social behaviour is encouraged or supported.