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Local Authority round up 03/09/18

Our Local Authority round up provides brief summaries of topical information on a weekly basis, to keep you aware of the changes and updates relevant to you.

Brexit

What do the Government’s technical notices reveal?

On 23 August the Government published a total of 25 technical notices to assist businesses and citizens to understand the steps they should take in a ‘no-deal’ scenario. The first batch of notices is approximately a third of the total expected with more notices to be published in the coming weeks. BBC correspondents have unravelled some of the key details included in the first batch of notices, covering areas such as medical supplies, financial services, nuclear safeguards, farming and organic food production. The Government expects to publish all 80 technical notices by the end of September.

For more information, please click here.

Theresa May initiates Africa investment boost after Brexit

Theresa May has announced plans to boost Britain’s investment in Africa after Brexit, during her first trip to the continent as Prime Minister. Mrs May’s trip, which will see her meet the presidents of South Africa, Nigeria and Kenya, aims to deepen economic trade ties with growing African economies ahead of Britain leaving the EU in 2019. During her first trip in South Africa, Mrs May signed a Joint Statement with South Africa, Mozambique, Botswana, Namibia, Lesotho and Eswatini to ensure the provisions of the region’s current trade deal with the EU continue after this agreement no longer applies to the UK.

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EU citizens make first applications to obtain “settled status”

The first EU nationals who wish to remain in the UK following Brexit are submitting their paperwork as part of a Home Office trial to test the EU Settlement Scheme. According to the Scheme, EU citizens and family members who have lived in the UK for five years by the end of 2020 will be able to apply for settled status, which means they are free to continue living and working in the UK indefinitely. The Scheme is due to fully open on 30 March 2019, while the approximate three million EU residents in the UK have until the end of June 2021 to register for settled status.

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Confederation of British Industry (CBI) responds to Government’s no-deal Brexit advice

Representatives from the CBI have discussed what a ‘no-deal’ Brexit would look like in practice, what businesses should take from the Government’s technical notices and what the CBI is doing to prevent a ‘no-deal’. In particular, the discussions highlight that the CBI’s number one priority over the coming weeks is avoiding a disruptive cliff-edge in March 2019. To avoid this outcome, representatives from the CBI suggest that the following three components must be ensured; (1) negotiators resolve the Irish backstop (2) negotiators agree the Withdrawal Agreement and (3) the Withdrawal Agreement is ratified in the UK Parliament and the European Parliament.

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Commercial

Government launches £1 million skills fund

A new £1 million Digital Skills Innovation Fund is now open for bids from Local Enterprise Partnerships and Combined Authorities for initiatives which specifically aim to help people adopt digital roles. An additional £400,000 will help older and disabled people obtain digital skills. The funding will be used to help women, disabled people, and individuals from minority backgrounds or those living in socioeconomic areas to succeed in digital jobs such as data analysts, programmers, cyber security specialists, software developers and marketeers.

For more information, please click here.

Investigation exposes high levels of unpaid business rates

A freedom of information request issued by Altus Group, has found that over 81,000 business premises were referred to bailiffs by local councils during 2017/18 due to non-payment of rates. According to the findings, Birmingham City Council referred the most premises to bailiffs at 3,864, although this has reduced from 4,414 in 2016/17. This was followed by Manchester City Council who referred 2,667 business premises to bailiffs, which increased by 38% from 1,932 in 2016/17. Robert Hayton, head of UK business rates at Altus Group commented that: “the problem is also exacerbated by understaffing within some councils and the inordinate delays that this creates in dealing with ratepayers.”

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Poll results show far reaching cross-party support for adult social care funding

A survey commissioned by the Local Government Association (LGA) discovered that 84% of MPs and 76% of peers agree that the funding for adult social care should increase. The LGA estimates that adult social care services face a £3.5 billion funding gap by 2025 in order to maintain existing standards of care alone, while councils in England receive 1.8 million new requests for adult social care a year. In this regard, the Chairman of the LGA’s Community Wellbeing Board, said: “[the Government] must make genuinely new resources available urgently to plug the short-term funding gap of £3.5 billion as well as set out its plans to secure the longer-term future.”

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Survey highlights lack of funding as a clear barrier to sustainable travel investment

Analysis conducted by the LGA demonstrates that the main barriers preventing councils from investing in sustainable travel were the lack of revenue funding, uncertainty over continued levels of funding and a lack of capital funding. Councils have already introduced a number of measures to reduce congestion such as encouraging the use of electric vehicles with recharging points, promoting cycling and investing in cleaner buses. However, a LGA spokesperson commented that: “[it is] clear that significant change is still needed. Uncertainty and a lack of revenue funding are highlighted as clear barriers to investment.”

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Regulatory

LGA warns of “dangerous” counterfeit cosmetics

The LGA is warning of counterfeit cosmetic products which are defrauding consumers and legitimate businesses and pose serious health risks due to the chemicals included in them. A recent investigation by Nottingham City Council revealed fake ‘Benefit’ mascara had been sold by two individuals one of whom received payments in excess of £48,000 from the sales. Simon Blackburn, Chair of the LGA’s Safer and Stronger Communities Board, emphasised: “it is vital that people report any concerns, so that councils can take action to prevent anyone being harmed or scarred for life.”

For more information, please click here.

Court of Appeal case reveals the significance of investigating complaints

A Court of Appeal case has found that the Metropolitan Housing Trust was liable to pay damages of over £4,000 to each claimant, as well as incurring legal costs and potential reputational damage following its failure to carry out an adequate investigation of the complaints made against two of its tenants. The case emphasises the importance of properly investigating complaints and grievances before landlords take any steps against tenants and highlights that, ideally, landlords should only take steps once they are fully satisfied that any complaints made can be substantiated and corroborated and the language used in the correspondence is also of importance.

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City leaders call on Theresa May to tackle air pollution

Leaders of the UK’s major cities have joined forces to urge Theresa May to take “tough and urgent” action to deal with air pollution. In doing so, the group has written to Mrs May warning of the dangers posed by pollution and demands that the Government pass a “stringent clean air Act” that will give councils powers to regulate emissions such as those produced by taxis and private hire services. They also recommend that the Government set up a targeted vehicle renewal scheme to replace older, more polluting cars, buses and lorries and provide funds to support the establishment of clear air zones and provide investment in cleaner buses, taxis and other forms of transport.

For more information, please click here.


Planning and housing

Statistics reveal housing demand is more unsustainable than ever

Despite the Government’s recent Rough Sleeping Strategy, the LGA has warned that the number of homeless children and their families that councils are currently housing in temporary accommodation is more than 123,000 children, demonstrating a 76% increase since the summer holidays in 2011. In an ambition to end homelessness outright, the LGA’s Housing spokesperson, Judith Blake, suggests: “the Government needs to ensure all councils are able to borrow to build new homes that are needed to address our housing shortage, and adapt welfare reforms to prevent people from losing their home where possible.”

For more information, please click here.

Government publishes Garden Communities prospectus

The Ministry of Housing, Communities and Local Government (MHCLG) has published a Garden Communities prospectus which invites bids from councils and private sector partners for locally supported proposals for new garden communities. The prospectus sets out how MHCLG can support local areas which want to create new garden communities, and the key qualities the proposals are expected to demonstrate. Tailored assistance is offered to deliver garden communities of at least 1,500 homes, with priority given to those of over 100,000 homes. Proposals should be submitted by 9 November 2018.

For more information, please click here.

If you have any questions about the issues raised in this update, please do not hesitate to get in touch.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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