Local Authority round-up 05/11/18

Brexit

Members of European Parliament (MEPs) debate inconclusive EU summit

EU Politicians in Strasbourg have debated the outcome of the EU Summit held on 17-18 October 2018. Most of the speakers placed the responsibility for the lack of a deal in Brexit negotiations on the UK Government and reiterated their support for the European Commission and EU negotiator Michel Barnier. In particular, they criticised the UK for “juggling figures” and “playing with the percentages” while 90 or 95 percent of the agreement still means no agreement. However, Donald Tusk said that if extending the transition period helped reach a deal, he was “sure the leaders would be ready to consider it positively.”

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Survey results highlight consequences of political impasse

The Confederation of British Industry (CBI) has published new research on business preparations for Brexit as negotiations stall due to failure to reach an agreement on the Northern Ireland border. The research highlights that ongoing uncertainty is having a negative impact on investment decisions for eight out of ten firms and almost one in five firms say the point of no return for triggering their plans has already passed. The CBI will be sharing this new research with the UK Government, EU member states, the Commission and sister federations across Europe to highlight the cost of a no deal and attempt to break the political impasse.

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Briefing paper sets out a guide to the ‘Meaningful Vote’

The House of Commons Library has published ‘The User’s Guide to the Meaningful Vote’ to explain the role of Parliament in the approval or rejection of any Withdrawal Agreement that may be reached between the UK and EU27 in relation to the UK’s exit from the EU under Article 50. Overall the paper focuses on the domestic processes that underpin approval, ratification and implementation of a Withdrawal Agreement and highlights that in addition to the approval of the UK Parliament, the agreement cannot come into effect unless and until the European Parliament has also consented to it.

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Government proposes new law to safeguard UK citizens’ healthcare after Brexit

The Healthcare (International Arrangements) Bill has been introduced to Parliament to give the Government legal powers to safeguard healthcare for 190,000 expatriates and 50 million people who travel abroad every year, through agreements with the EU or member states. The Bill will establish the legal basis to fund and implement reciprocal healthcare schemes and share necessary data after the UK leaves the EU. Those reciprocal healthcare arrangements have benefits that include reducing the cost of insurance, making travel more viable for older people and higher risk groups and providing a boost to the travel economy.

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Commercial

Chancellor of the Exchequer delivers Autumn 2018 Budget

On 29 October 2018 Phillip Hammond delivered his third Budget as Chancellor of the Exchequer. Specifically, the Government has ensured that it is taking further steps to ensure a positive future in light of the UK preparing to leave the EU, by investing in public service, supporting business and boosting living standards across the country. Some of the highlights which claim to support those steps include: (1) lifting the borrowing cap to allow local authorities to build more housing (2) £400 million extra for schools this year (3) National Living Wage will increase to £8.21 and (4) £650 million for social care next year.

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New programme announced to develop local solutions to childhood obesity

Speaking at the Local Government Association (LGA) obesity conference, Public Health Minister Steve Brine introduced the Trailblazer programme, in partnership with the LGA, and invited councils to submits proposals for tackling childhood obesity in their area when the programme launches this month. Trailblazer local authorities will be on the programme for 3 years and during that time they will be given expert advice to help realise their plans, as well as £100,000 per year in funding to support the programme. Successful approaches to reducing childhood obesity will be considered for shaping national obesity.

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Minister confirms local authorities will have more certainty to plan their budgets

In a response to the independent review into the governance of Department of Housing, Communities and Local Government and the process relating to the department’s oversight of the business rates system, the Minister for Local Government Rishi Sunak confirmed that councils will have more certainty to plan their budgets each year in future. Specifically, the Government has confirmed it will set dates each year for the provisional and final local government financial settlements.  The review recommended that future provisional settlements be on or around 5 December and the final settlement no later than 31 January.

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Government launches landmark package of support to care leavers

The Government has launched the ‘Care Leaver Covenant’ as part of a unprecedented package of support for young people leaving care to help smooth their transition into adulthood. The Covenent will help care leavers navigate the work opportunities available and support them in fulfilling their ambitions. In particular, by having access to work placements and internships with big businesses, government departments, museums, theatres, Premier League football cubs, as well as training workshops or life-skills coaching. Businesses included Amazon, Rolls-Royce and Barclays LifeSkills have pledged to support the Covenant.

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Regulatory

Council ordered to pay £230,000 after worker injured

Hull City Council has been ordered to pay nearly £230,000 in fines and costs after an employee fell and suffered broken ribs while re-laying ice at the Hull Ice Arena. An investigation by the Health and Safety Executive (HSE)  found there had been a number of previous incidents of employees slipping and falling on ice. HSE Inspector Denise Fotheringham said: “no effective measures had been taken to reduce the risks of employees working on ice.” Consequently, the council pleaded guilty at Hull Crown Court to breaching Section 2 (1) of the Health and Safety at Work Act 1974 and was fined £185,000 with £44,442.71 costs.

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Figures reveal surge in child protection plans

A notable increase in the number of children supported through a child protection plan of more than 2,700 is pushing councils “to the brink”, the LGA has warned. Figures published by the Department of Education show that 59,790 children were being supported through child protection plans on 31 March, a 5.31% increase on the previous year and the largest rise since 2014. The LGA states that the large increase in demand has been caused by a number of factors, such as greater public awareness after a number of high-profile cases and a reduction in early intervention services.

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Councils could face £30 billion bill unless private firms act with ‘fairness and decency’

A report published by the independent think tank Localis titled ‘Ethical Commercialism’ has concluded that councils could find themselves paying £30 billion if private firms fail to improve how they deliver local services. The report calls for “greater levels of trust and standards of behaviour” from private companies and “greater levels of openness and transparency” from councils in order to preserve the public’s trust in having a mixed market for public services.

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Planning and housing

Councils to receive access to thousands of satellite images

The UK Space Agency’s Space for Smarter Government Programme (SSGP) has announced that it will provide access to archives of images and radar data for research and development projects. The images will provide an unprecedented level of detail of major British cities, transport networks, national parks and energy infrastructure which are thought to benefit the public sector areas such as planning and development. Sara Huntingdon, the SSGP’s Manager said: “We hope [the images] will break down the barriers, enable rapid prototyping and stimulate the next wave of satellite enabled application development.”

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Repeal did not extinguish the right to modify payment modification

The High Court has held that a planning inspector had the power to determine a planning appeal against a local planning authority’s (LPA’s) refusal to modify an affordable housing obligation payment even though sections 106BA to 106BC of the Town and Country Planning Act 1990 had been repealed before the application was considered by the LPA. By making an application before the repeal date, the developer had acquired a contingent right to modification or discharge of the obligation. The court also held that a development could be considered economically viable even though this may need to be assessed in retrospect.

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Renters to receive greater health and safety protection

Minister Heather Wheeler has announced plans to tighten health and safety standards for rental accommodation to help keep safe the minority of private tenants who currently live in unsatisfactory conditions. In a move to target certain landlords who fail to adequately address dangerous conditions, the Government will review the system for the first time in 12 years and consider whether it should be updated and if so, to what extent. The review will also look at whether to introduce minimum standards for common health and safety problems in rental accommodation in order to keep renters safe.

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Proposals for new planning rules “to boost build out rate for large sites”

An independent review conducted by Sir Oliver Letwin MP has made recommendations  on how to close the significant gap between the number of housing completions and the amount of land allocated or permissioned on large sites in areas of high housing demand. For example, Sir Oliver recommends new planning rules which require homebuilders to offer a range of different types of properties on big sites so they can be completed more quickly without “flooding” the market with a large number of identical properties.

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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.

Public Sector property update

Join us at our free breakfast briefing, where Ward Hadaway’s legal experts will consider the latest changes affecting property, land and estates in the public sector.

Thursday 22nd November (Newcastle)

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