Local Authority round-up 08/04/19

Brexit

Prime Minister calls for further Brexit postponement

Theresa May has written to the President of the European Council asking for a further extension to Article 50, which would mean that the UK would not depart from the European Union until 30 June 2019.  Importantly, Mrs May’s letter explained that she “accepts the European Council’s view that if the United Kingdom were still a member state of the European Union on 23 May 2019, it would be under a legal obligation to hold European elections”, whilst also recognising that such preparations could be called off if the UK were to exit prior to the elections.

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Prime Minister opens talks with Labour leader

Wednesday 3 April was the first day of talks between Theresa May and Jeremy Corbyn, aimed at finding a solution to the Brexit deadlock. It was reportedly a “constructive” discussion, although criticised by MPs on both sides. Theresa May defended her approach on holding talks with the opposition, saying that the public “expect us to reach across this House to find a way through this”. The Prime Minister is seeking to agree a policy with Mr Corbyn and get MPs to vote on it before 10 April, the day of the EU’s emergency summit on Brexit and just two days before the current exit date. If the deal is not reached, Mrs May said she will ask MPs to vote on a number of different options, including her deal.

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MPs support Brexit delay bill

On 3 April 2019, MPs voted by a majority of one vote in favour of the European Union (No. 5) Bill 2017-19, presented by Yvette Cooper, which creates a legal mechanism whereby the House of Commons can instruct the Prime Minister to ask the European Council for an extension to Article 50, in the absence of an approval resolution for an exit deal from the EU. The Bill will now go to the House of Lords, who also need to approve it (and will get an opportunity to amend it) for it to become law. Nevertheless, whether an extension is granted depends on approval by the EU.

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MPs reject all Brexit options

On 1 April 2019, the second stage of the indicative vote process took place, when the House of Commons debated and voted on options for alternative ways forward relating to the UK’s withdrawal from, and future relationship with, the EU. This followed an initial sounding of views on 27 March 2019. None of the four motions selected by the Speaker on 1 April carried a majority: Customs union: 273 for and 276 against; Common market 2.0: 261 for and 282 against; Confirmatory public vote: 280 for and 292 against; and Parliamentary supremacy: 191 for and 292 against.

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Defra shares Brexit guidance for food, drink and farming sector stakeholders

Defra’s Agri-Food Chain Stakeholder Engagement team have shared seven key food, drink and agriculture related Government communications that have been released in recent days and weeks: (1) how to import organic produce if the UK leaves the EU with no deal; (2) food and drink sector link to EU Exit assets; (3) nutrition and health claims if there is no deal; (4) vitamins and minerals in foods if there is no deal; (5) VAT on goods you move from Ireland to Northern Ireland if there is no deal; (6) Customs procedures for goods moving between Ireland and Northern Ireland if there is no deal; and (7) UK signs trade continuity agreement with Caribbean countries.

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EU Settlement Scheme receives 50,000 applications on opening weekend

On 30 March 2019, the EU Settlement Scheme was launched, following both private and public funding testing of the application process which began in August 2018. Since opening, over 50,000 further applications have been received. This brings the total number of applications to over 280,000 (some 230,000 applications were received in the testing phase). While the app is currently available on Android devices, the Home Secretary has confirmed it will also be available on Apple devices later this year. There will also be over 50 locations where applicants can have their passport scanned and verified. Deal or no deal, EU citizens will have until at least 31 December 2020 to apply.

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UK, Norway and Iceland sign trade continuity agreement

The UK has signed a new trade continuity agreement with Norway and Iceland. The agreement covers trade in goods and will only be used in a no deal scenario. It maintains the same level of tariffs on goods traded between the UK, Iceland and Norway. Consumers and businesses in the UK will continue to benefit from more choice and lower prices on goods imported from Iceland and Norway, such as aluminium products and some fuel and oil products. Martyn Boyers, Chief Executive of Grimsby Fish Dock Enterprises Limited, said: “This trade deal is extremely welcome, in fact vital, as 70% of the fish consumed in the UK is imported, most of that supply coming from Iceland and Norway.”

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

Commercial

Councils receive £3 million boost for innovative local air quality improvements

The Government has issued more than £3 million of Government funding to 28 innovative projects to improve air quality across councils in England. Proposals receiving funding include campaigns promoting greater awareness of pollution and a collaboration with local businesses to develop low or zero-emissions freight. Over £57million of Air Quality Grant has been awarded since its launch in 1997. The Government continues to work closely with 61 English councils and has placed legal duties on them – underpinned by £495 million in funding – to tackle their nitrogen dioxide problems. By the end of this year, all councils will have carried out studies and, where appropriate, developed or be developing bespoke plans tailored to the nature of the nitrogen dioxide issue in their own area.

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Councils become biggest non-metropolitan district council

East Sussex has become the country’s largest non-metropolitan district council, by population, following a merger of Suffolk Coastal and Waveney District Councils. Both councils have been working in partnership since 2008, sharing an “integrated workforce” and, on its website, East Suffolk council said the two separate councils had saved £16m since 2010. Chief executive at West Suffolk, Ian Gallin, said: “people should see no difference in the day-to-day way they engage with us, but the new council will mean we are better able to champion West Suffolk and face the challenges ahead.”

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Labour Party reveals plans to create “new public banking ecosystem”

Labour’s Shadow Chancellor, John McDonnell MP, has announced Labour’s plans to build a “new public banking ecosystem” “so finance works for the many, not just the few”, this includes: setting up a Post Bank based in the Post Office network at the heart of our communities; setting up a National Investment Bank to support small businesses and overdue infrastructure upgrades and keeping RBS in public ownership when it returns to profitability. Labour cited research from consumer group Which? which suggested that over the past 30 years the UK has lost nearly two-thirds of its bank and building society branches, from 20,583 in 1988 to just 7,586 today.

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Committee sets out urgent priorities to improve Brexit preparations for councils

The Housing, Communities and Local Government Committee has called on the Government to take urgent action to enable councils to prepare for the consequences of Brexit. The Committee sets out urgent priorities to improve information sharing and Brexit preparations at a local level. The report further sets out key policy actions that the Government needs to take in the long term to tackle the loss of EU funding streams and the repatriation of policy and legislation currently held by the EU, and to seize the opportunity Brexit presents to re-evaluate how funding and powers can be devolved to local government in order to create the best outcomes for communities.

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Regulatory

Local Government Association (LGA) responds to public health duty to tackle serious violence

On 1 April 2019, the Government launched a consultation on a new legal duty to support the multi- agency ‘public health’ approach to the public and professionals across the UK. The approach will be focused on delivering long-term as well as short-term solutions to preventing and tackling serious violence across England and Wales. Responding to the consultation, councillor Richard Watts, Chair of the LGA’s Resources Board, said: “To help stop young people being criminally exploited and drawn into knife crime, it is vital that Government reverses years of funding cuts to local youth services, youth offending teams and councils’ public health budgets, which need to be addressed in the Spending Review.”

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Department for Education publishes consultation on home school register

The Department for Education has published a consultation which seeks views on proposed legislation to make it a duty for parents to inform their council when their child is not attending a mainstream school. The legislation would also compel councils to provide support to parents who are home educating their children if they request support. The chair of the Local Government Association’s Children and Young People Board, Councillor Anntoinette Bramble, welcomed the announcement: “The LGA has long-called for a register of children not in school and we look forward to seeing these proposals implemented as a matter of urgency” she said. The consultation seeks views by 24 June 2019.

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Council criticised for not carrying out ‘proper assessments’ in deprivation of liberty cases

In May 2016, Staffordshire County Council (SCC) decided it would stop carrying out full assessments before responding to Deprivation of Liberty Safeguards (DoLS) requests, except in those cases it classified as high priority. The Local Government and Social Care Ombudsman (LG&SCO) has found that the council was using an adapted version of guidance issued by the Association of Directors of Adult Social Services, which resulted in fewer requests being categorised as high priority — a move which resulted in fewer requests being properly assessed. The LG&SCO found that there had been fault causing injustice and recommended that the council take certain actions, such as produce an action plan setting out how it would deal with all incoming DoLS requests and the backlog of unassessed requests.

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Planning and housing

Government announces £201 million road repair fund

Transport Secretary Chris Grayling has announced the allocation of an extra £50 million for councils for potholes and flood resilience, as well as £151 million to reward examples of councils’ best practice. Mr Grayling said: “Every motorist knows that potholes have been a problem in the last few years. That is why the Government is continuing to step up its funding to councils to address this. It is now up to highway authorities to innovate and use new technologies to solve the problem.” This investment is on top of the £725 million councils will receive in 2019/20, based on the infrastructure they maintain, including length of roads, number of bridges and street lights.

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Government updates documents relating to Tenant Fees Act 2019

The Government has updated its guidance for tenants, landlords, letting agents and councils explaining how the Tenant Fees Act 2019 (TRA 2019) affects them. The TRA 2019 sets out the Government’s approach to banning letting fees paid by tenants in the private rented sector and capping tenancy deposits in England. The Statutory guidance assists councils in understanding and using their enforcement powers as per the TRA 2019, including on the enforcement and appeals procedure for enforcing the TRA 2019, imposing civil penalties and co-operating with the Lead Enforcement Authority. The ban on tenant fees will come into force on 1 June 2019.

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High Court (HC) rejects application by litigant in person to allow housing appeal

The HC has refused to allow an appeal under section 204 of the Housing Act 1996 (HA 1996) being brought out of time. The respondent (A) failed to make the appeal to the County Court within the required 21-day period and therefore sought to bring his appeal out of time relying on the court’s discretion under section 204(2A)(b) of the HA 1996. The extension was granted by the County Court but this was appealed by the council. The High Court allowed the council’s appeal refusing A’s application for an extension, holding that, amongst other reasons, A’s alleged shortage of funds was not a good reason for the delay and a lack of legal representation could only play a very limited part in the assessment of whether there was a good reason for a delay.

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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)
Wednesday 22nd May 2019 (Newcastle morning)
Wednesday 22nd 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 8th May 2019 (Newcastle)

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