Is a building an HMO? Yes, if the building has been converted into flats, albeit self contained and with no shared amenities, and two conditions are both satisfied : less than two thirds of the flats are owner-occupied; and the conversion work failed to comply, and still does not comply, with the “ appropriate building standards “, under the Building Regulations. So held in Hastings BC v Turner (2020) UKUT 184 (LC), interpreting Sections 254 and 257 of the Housing Act 2004, and allowing the Council’s appeal. There are five separate and alternative tests for determining whether a building is an HMO. One of them is satisfied in the above situation.
Compliance with the PSED
June 16th, 2020 by James Goudie KC in Human Rights and Public Sector Equality DutyAmongst the issues considered by a Divisional Court (Bean LJ and Cavanagh J) in a 55 page Judgment in Adiatu v HMT (2020) EWHC 1554 Admin was, from para 195, the scope of the PSED, including, from para 239, the question, which the Court answered in the affirmative, whether the public authority’s duty is to have regard to the equalities implications of the decision that is actually taken. The Court rules that it does not have to consider the equalities implications of other decisions that might have been taken instead : paras 242-245.
Supply Contracts
June 10th, 2020 by James Goudie KC in Decision making and ContractsProcurement Policy Action Note 04/20 “ Recovery and Transition from Covid-19” sets out guidance on payment by public bodies to their suppliers to ensure service continuity during the coronavirus outbreak. It builds on PPN 02/20.
Cycle Lanes
June 10th, 2020 by James Goudie KC in Environment, Highways and LeisureThe Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2020, S.I. 2020/548, further amending S.I. 2007/3483, come into force on 22 June 2020. They give local authorities, with civil parking enforcement powers, pursuant to the Traffic Management Act 2004, power to send penalty charge notices based on approved CCTV evidence through the post to drivers who park or load illegally in mandatory cycle lanes.
Co-operation
June 9th, 2020 by James Goudie KC in Decision making and ContractsTwo Districts and a Town in Germany entrust the disposal of their mixed municipal household waste to a special purpose association which they control together. The local authorities are of course “ contracting authorities” for the purposes of the public procurement regime. The association is a “body governed by public law”. It also is a “contracting authority” for the purposes of Directive 2014/24.
Procurement Risks
June 9th, 2020 by James Goudie KC in Decision making and ContractsMHCLG has published “ Review into the risks of fraud and corruption in local government procurement”. Pages 50-52 make a series of good practice recommendations.
Voter Identification
June 8th, 2020 by James Goudie KC in Elections and BylawsIn Coughlan v Minister for the Cabinet Office (2020) EWCA 723 the Court of Appeal upholds the dismissal of a challenge to the lawfulness of a pilot scheme to require voters in certain local authority areas to produce identification documentation as a pre-condition to obtain a ballot paper to enable them to vote. The scheme was under Section 10(2)(a) of the Representation of the People Act 2000. This was a permissible restriction, not on the right to vote, but on “how” voting is to take place. “How” is a broad and general concept and covers an experimental scheme requiring identification at the polling station to demonstrate that entitlement.
Allocation Policy
June 8th, 2020 by James Goudie KC in HousingIn R (Flores) v Southwark LBC (2020) EWHC 1279 (Admin) the Court interprets the Council’s priority housing scheme in the context of overcrowding and the meaning of “ deliberate act”.
Charitable Trust
June 8th, 2020 by James Goudie KC in Land, Goods and ServicesBrent LBC v Johnson (2020) EWHC 933(Ch) holds that an argument that a local authority is not free to sell a property that it owns because it is held on charitable trust for the local community can be advanced only in proceedings to which the Attorney General is party.
PFI Contracts and Services
June 5th, 2020 by James Goudie KC in Decision making and ContractsPFI contracts are starting to expire. Managing their end will be complex and time and resources intensive. Decisions will have to be made on whether services should then be provided in-house or by a contractor. Early preparations are needed.
The National Audit Office has produced a Report, “ Managing PFI assets and services as contracts end”. It examines the risks to assets and services, the preventative steps to be considered, and the preparation and delivery of contract expiry.