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Local Authority round-up 04/09/20

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

Trade deal hopes are dwindling

Boris Johnson’s official spokesman has conceded that hopes of a trade deal were dwindling, saying: “The EU continues to insist that we must agree on difficult areas in the negotiations, such as EU state aid, before any further work can be done in any other area of the negotiations, including on legal texts, and that makes it very difficult to make progress. We would instead like to settle the simplest issues first, in order to build momentum in the talks, as time is short for both sides.” The UK’s chief negotiator, David Frost, is meeting with the EU’s chief negotiator Michel Barnier in London, in advance of the next round of formal talks next week. France’s EU affairs minister, Clément Beaune, said that no deal was a risk, but blamed the British Government for the impasse saying “Things are not advancing because the UK would like to have its cake and eat it: to leave the European Union and have access to the European market.” An EU council is expected to be held in October to finalise any free trade agreement, so a trade agreement is looking unlikely with little time left.

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Commercial

Replacement unitary authorities “could save £3bn” says report

A report for the County Councils Network, carried out by PriceWaterhouseCoopers, has claimed that merging district and county councils into single unitary councils could save £2.94bn over five years, reduce complexity and maximise economic growth. The change would mean that 213 smaller councils in England would be abolished and replaced with 25 new local authorities. The report suggests that the introduction of a single unitary council in these areas would offer savings and a more efficient means of delivering services at a time when councils are facing billions in rising costs and the added financial impact of coronavirus.  The Government is expected to publish its own proposals on changes to local government in the autumn and it is expected that plans could include scrapping district and county councils in England in favour of fewer, larger authorities which control all services in their area.  Cllr David Williams, chairman of the County Councils Network, who commissioned the report, said there was a “compelling” financial case for creating more unitary authorities.

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Funding boost for council tax reduction scheme in Wales

The Welsh Government has announced that Welsh councils will receive an extra £2.8 million to help cover the increased demand for the council tax reduction scheme which provides support to low income households. The funding will help cover the cost of more low income households claiming for the scheme as a result of the coronavirus pandemic. Finance minister Rebecca Evans said “Whilst the coronavirus outbreak is affecting everyone, we know that it is having the most significant financial impact on some of the most vulnerable people in our society. The funding I am announcing today will provide local authorities with the financial reassurances they need to continue to support those who need it most through our Council Tax Reduction Scheme.”

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Government announces £2 million clean air fund

The Government has announced the latest round of funding for local projects to improve air quality across England. Councils can bid for a portion of at least £2 million from the Air Quality Grant scheme for a wide range of projects to improve air quality and create cleaner and healthier environments. Applications for the grant opened from 2 September and close at 12pm on 14 October 2020.  Environment Minister Rebecca Pow said “Air pollution, and in particular PM2.5, carries enormous risks to human health which is why we are continuing to provide funding to local authorities to help them take action. This is part of delivering on the ambition in our world-leading Clean Air Strategy to halve the harm to human health from air pollution by 2030. We know that Local Authorities are in the best position to address the issues they face in their areas and we look forward to receiving ideas for ways to reduce emissions and promote cleaner, greener alternatives.”

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Regulatory

Court of Appeal agrees to hear case on how homelessness applicants should proceed with challenges

The Court of Appeal has granted permission for an appeal in a case that is said to raise an important point of legal principle relating to homelessness appeals. Duncan Lewis, solicitors acting on behalf of the appellant, said that Welwyn Hatfield Borough Council had made a s184 decision that the appellant was intentionally homeless and therefore they owed her no further assistance. The firm then requested a review and made representations supporting the review. Setting out the background to the appeal, the firm said: “Under the Housing Act 1996, when a homeless person makes an application to a local authority for assistance, the local authority must make a decision on their application as to what duties are owed to them for assistance under s184 of the Act. If the s184 decision is unfavourable to the applicant, they may request a review of the decision under s202 of the Act. If they do request a review, the local authority will have 56 days from the date of the request to make a review decision which will decide either to uphold or overturn the s184 decision. The applicant then has a statutory right of appeal to the County Court under s204 of the Act. Under s204(1)(a), if the applicant is dissatisfied with the decision on review then they can appeal it to the County Court. Under s204(1)(b), if the local authority does not make a review decision within the 56 day period then the applicant can appeal the s184 decision to the County Court.” The appeal is set to be heard on 13 October 2020.

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Planning and housing

Housing Ombudsman Scheme comes into force

New powers set out in the revised Housing Ombudsman Scheme came into effect on 1 September. The aim of the Scheme is to help improve awareness, accessibility and speed of complaint resolution and the Ombudsman said the changes would allow it to be more proactive on systemic issues and broaden the basis on which it can refer cases to the Regulator of Social Housing. The updated Scheme includes a new Complaint Handling Code, which was published in July, “setting out clear expectations for landlords on handling housing complaints including the need for self-assessments against the Code by 31 December 2020.” There is also a new power to issue complaint handling failure orders which could relate to the handling of an individual case or the landlord’s overall complaint-handling policy. These orders will be formally issued from 1 January 2021. The Scheme will also create the ability to conduct systemic or thematic investigations beyond an individual complaint or landlord. A framework for these investigations will be published later this year. Richard Blakeway, the Housing Ombudsman, said “These fundamental changes to our powers will help to improve the accessibility, speed and scope of redress for the benefit of residents. Broadening the scope of issues we can refer to the regulator will make this even more effective and builds on our strong working relationship.”

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New Green Homes Grant Scheme website launched

Business and Energy Secretary Alok Sharma has announced that as part of the Government’s new Green Homes Grant Scheme, which will provide funding for up to two-thirds of the cost of the energy saving measures identified, the Simple Energy Advice website is now active for people to see if they can apply and how much the Scheme would save them. The Scheme will cover green home improvements including insulation of walls, floors and roofs, the installation of double or triple glazing when replacing single glazing, and low-carbon heating up to a maximum of £5,000 or £10,000 for lower income households. The Scheme is expected to open at the end of September but people can now check online for fully accredited tradespeople in their area who are signed up to the Scheme to do the work and who can provide quotes ready for when the vouchers will become available. Energy Savings Trust Chief Executive, Mike Thornton, said “The Green Homes Grant Scheme is a great opportunity to get a grant to cut energy bills. Now the website is live, we urge people to go online to create a personalised plan for energy efficiency in their home as a first step to getting their grant.”

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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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