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Local Authority round-up 29/04/19

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

Cross-party talks resume

Following a recess in House of Commons for the Easter break, weeks of cross-party talks resumed on Tuesday. There has been a need for progress in an attempt to break the deadlock and agree a Brexit deal which MPs can support ahead of the UK’s participation in the European parliamentary elections. This requires getting a deal through Parliament by 22 May. The Government says “progress needs to be made urgently” on Brexit talks with Labour – but that arranging time with the opposition has been “difficult”. Shadow Brexit Secretary Keir Starmer said “fundamental issues” remained between his party and ministers.

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Call for Labour to back another referendum

Tom Watson, Labour’s Deputy Leader, has called for the Labour party to back another referendum saying they could not “sit on the fence” about the biggest issue to face the UK for a generation. He continued that a “confirmatory” referendum was “the very least” voters deserved, now they knew more about what Brexit would mean. Talks with the Conservatives aimed at breaking the Brexit deadlock have re-opened Labour’s divisions over a possible further referendum with Nigel Farage saying a new referendum would be “a total insult” to five million Labour leave voters.

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European election campaigns get underway

The UK’s political parties are now preparing their EU election campaigns following the Brexit extension until 31 October 2019. Under terms agreed with EU leaders in Brussels following the extension, the UK must hold the elections to European Parliament, failure to do so will mean the UK will leave the EU on 1 June without a deal. Theresa May is still hoping to agree a deal before the elections and hopes the UK will have left the EU by then as she said the public would find it “unacceptable” to elect new MEPs almost three years after the UK voted to leave the EU.

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EU customs union will create “difficulties”

Ahead of Donald Trump’s planned visit in June, the US Ambassador to the UK, Woody Johnson has said to that negotiating a trade deal with the US would be “much more difficult” if the UK is in a customs union with the EU following Brexit. He also said that it would be “more challenging” for the UK “to get control of [its] own trade policy.” Shadow foreign secretary Emily Thornberry has also expressed doubt claiming the US will never agree a trade deal with the UK without a solution for the Irish border.

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Brexit could trigger Scottish independence vote by 2021

Nicola Sturgeon has said Scotland should hold a referendum on independence before 2021 if the UK leaves the EU. However, before a referendum would be possible, legislation would need to be introduced to set the rules for another vote which would require the agreement of the UK Government. The prime minister’s official spokesman said “as we have been repeatedly clear, Scotland has already had an independence referendum in 2014 and voted decisively to remain in the United Kingdom. This should be respected. Our position hasn’t changed.”

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We have created a Brexit checklist to assist businesses consider and address the various challenges and opportunities presented by Brexit. Please click here to view it.

If you have any questions about any of the issues which are raised, or would like to discuss your own organisation’s options in the lead-up to Brexit, please do not hesitate to get in touch.


Commercial

Report indicates a lack of Government homelessness spending

Following St Mungo’s Home for Good campaign briefing, councils have called on the Government to provide more assistance to help tackle homelessness. The report found that council spending on single homeless people had fallen by £1 billion in 2017/18 compared to 2008/9 and councils have called on the Government to use the 2019 Spending Review to invest an extra £1 billion a year for homelessness if they are to meet their target of ending rough sleeping by 2027. Local Government Association housing spokesman Martin Tett said councils are housing more than 200,000 homeless people in temporary accommodation which is “bad for families and unsustainable for councils, which as a result have less funding to invest in preventing homelessness for everyone.

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NAO considers the value-for-money of public projects

Since 2010 the National Audit Office (NAO) has completed approximately 140 reports on major projects and programmes and has published an updated framework for its reviews of major projects and programmes based on this experience. The framework provides key questions which illustrate good practice and also outlines other NAO’s resources to provide additional support in establishing whether a project achieves value-for-money.

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Council’s multi-million pound partnership to deliver new homes

Croydon Council has partnered with Legal and General (L&G) to deliver new homes in a £44.6 million investment. The new homes will be managed by Croydon Council who will lease them from L&G on a 40 year term, after which they will revert back to the council. The homes will be offered to those on the council house waiting list. The deal is said to “save the council around £20m in loan costs” and be “better value for money than more traditional loans available to councils.”

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Regulatory

ICO reminder that DPA does not prevent disclosure to protect public

The Information Commissioner’s Office (ICO) has issued a statement reminding public and private organisations that the General Data Protection Regulation and the Data Protection Act 2018 do not prevent sharing data where it is necessary to protect the public. Deputy Commissioner for Policy Steve Wood states that “Organisations should remain confident that when asked for personal data to assist the police whether in an emergency, or in their ongoing community policing activities, necessary, relevant and proportionate data can be disclosed in compliance with the law.” Whilst the aim of such legislation is “to ensure trust and confidence in how organisations use personal data” it is important to ensure that organisations understand that data can be disclosed in order to protect the public.

For more information, please click here.

Primary school system “unrecognisable,” says School Standards Minister

Nick Gibb, School Standards Minister, has said that “parents can feel more confident than ever before that their children will get a world-class education.” As standards continue to rise, 87% of primary schools are now judged good or outstanding, compare to 67% in 2010. Alongside £41 million investment and new approaches to teaching techniques, the Government is on track to create a million new school places by the end of this decade, with 921,000 school places already having been created since 2010. This also follows recent Government guidance which helps local authorities secure funding and land from developers required due to the construction of new houses.

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Local Government Association (LGA) responds on employment gap

Impetus has published a report which examined young people’s employment and a “youth jobs gap” which indicated children from poorer backgrounds are twice as likely to be out of work. Councillor Mark Hawthorne, a spokesman from the organisation said that “our careers, education and training system is able to adapt to the needs of young people and a changing jobs market.” The report focused on whether there was a “gap” between poorer children and those better-off. Councillor Hawthorne said “the Government needs to consider LGA proposals for an integrated employment and skills service led by local authorities [which] would allow councils, schools, colleges and employers to work together to improve provision for young people so that they can get on in life.”

For more information, please click here.


Planning and housing

Council agrees to change social care charging policies

The Local Government & Social Care Ombudsman investigated a complaint regarding “confusing and sometimes incorrect information” relating to a mother’s care following a complaint made by her daughter. London Borough of Barking and Dagenham and Moreland House (LBBDMH) care home have now agreed to change their charging policies after the Ombudsman reported that it was “especially important for councils and care homes to have clear, upfront policies on charging that cover all scenarios.” The daughter was awarded £250 by the care home for her distress.

For more information, please click here.

Planning fee returned to football club following council failure

Scunthorpe United are receiving back its £56,000 planning fee after North Lincolnshire Council “failed to determine new stadium plans in time” with the application now being over five months overdue. The football club had applied to relocate to a new stadium “but after various delays and complications regarding the move, which was part of a wider council project, the club chose to redevelop its current stadium.”

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Upcoming seminars

As you may well know we run a programme of seminars on a wide range of topics. Listed below are those seminars coming up which we feel may be of interest to you. Please click on the links for further information and to book your place. You can see our full programme of upcoming events by clicking here.

Housing Management Law School – Spring Term 2019

Join us at the next Housing Management Law School. Spring term will bring with it a brand new programme where our social housing experts will update you on the most recent news and topics that you need to know about from both a legal and practical perspective.

Tuesday 30th April 2019 (Newcastle)
Thursday 9th May 2019 (Leeds)
Thursday 16th May 2019 (Manchester)

PFI Law Update 2019

Join us at one of our annual PFI Law Update roadshows, hosted by our award-winning Public Sector team. You will be in the hands of a team acknowledged as the best advisors in this sector making these sessions essential for those seeking the latest insight into the topical issues, opportunities and risks of the PFI landscape.

Tuesday 30th April 2019 (Leeds)
Wednesday 15th May 2019 (Manchester)
Thursday 23rd May 2019 (Newcastle morning)
Thursday 23rd May 2019 (Newcastle afternoon)
Wednesday 5th June 2019 (London)

Public Sector Property Update

Join us at our next Public Sector Property update where our legal experts will ensure you are kept up-to-date with the latest developments and changes affecting property, land and estates in the Public Sector.

Wednesday 12th June 2019 (Newcastle)

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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