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Local Authority round-up 12/06/20

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

UK statement following fourth negotiating round

Following the fourth round of Brexit negotiations between the UK and the EU which took place between 2 and 5 June, David Frost, the UK’s chief negotiator issued a statement that progress remained limited. He said that although the talks have been positive in tone there still needs to be negotiations on the full range of issues. He said that any deal must accommodate the UK’s position on the level playing field, fisheries, and other difficult issues. He noted that the limits of what could be achieved through remote formal rounds are close to being reached. He said that work must be intensified and accelerated to make progress and the Government is discussing with the European Commission how best to do this.

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EU statement following fourth negotiating round

The European Commission also published a statement following the fourth round of negotiations. Michel Barnier’s statement recorded that there has been no substantial progress since the beginning of the negotiations and described the Government as backtracking on the political declaration. In the European Commission’s view, a full legal text is needed by 31 October 2020 at the latest, to give time for ratification. He said there were still four “big sticking points” on which further progress needed to be made which included level playing field commitments, guarantees of fundamental rights and freedoms required to underpin police and judicial co-operation in criminal matters, fisheries and governance. He said that the UK and the EU aim to take stock of progress and agree actions to move the negotiations forward at a high-level meeting later in June 2020.

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Constitutional concerns arising from Brexit legislation

The House of Lords Select Committee on the Constitution published a report this week concerning the constitutional issues and legislative challenges presented by Brexit. The report notes that, although the transition period ends on 31 December 2020, the Government is “still only a little past half-way through legislating for Brexit.” Bills concerning agriculture, fisheries, immigration and trade have been reintroduced in the current parliamentary session however, legislation that deals with the common frameworks between the devolved parliaments and governments and their respective competencies will, for example, still be needed. The report states that while the Government and Parliament have “rightly” focused on responding to the coronavirus pandemic recently, this should not distract from the challenges that parliament will face in its scrutiny of Brexit.

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Commercial

Funding boost for councils caring for asylum seeking children

Minister for Immigration Compliance, Chris Philp, has announced an increase in funding for councils to look after asylum seeking children. Councils providing support for unaccompanied asylum seeking children leaving care will now receive £240 per person per week, a funding uplift of up to 60%.  Councils looking after the highest numbers of unaccompanied asylum-seeking children when compared to their child population will also receive a 25% targeted uplift in funding. Mr Philp, said “Protecting vulnerable children is a key priority for this Government and local authorities across the UK continue to provide invaluable support. In recognition of this, I am very pleased to announce an increase in funding for local authorities across the UK.”

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Councils call for access to cheaper short-term loans

The Local Government Association (LGA) has said that councils should have access to short-term loans with delayed repayments to help them through the coronavirus pandemic. The LGA warned that the one year minimum term for a Public Works Loan Board (PWLB) loan is too long to help councils deal with the immediate financial crisis facing the sector. As well as shorter-term loans, the LGA also wants the Government to delay repayments by councils on all new and existing loans. It warned that without access to this funding, councils may be forced to turn to short-term loans at expensive rates. Cllr Richard Watts, chair of the LGA’s Resources Board, said “The Government has written off debt for NHS bodies as a result of COVID-19. Providing councils with access to short-term loans and delaying repayments is the least it can do to help tackle the significant cash flow problems many face. The scale of the economic, environmental and community challenges that we will face should not be under-estimated. It is vital that councils can support the economic recovery as emergency measures are lifted and we come through this crisis. This is vital if we are to ensure that all communities can contribute to and benefit from this recovery.”

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£63m local welfare assistance fund

The Government has announced a £63 million local welfare assistance fund to be used by councils to support struggling households during the coronavirus pandemic. The funding can be used by councils at their discretion to help vulnerable families. The funding was welcomed by the LGA with cllr Richard Watts, chair of the LGA’s Resources Board, saying “We are pleased that the Government has listened to our call for funding to help pay for this much needed additional support.” However, The Children’s Society said that the funding falls ‘far short’ of the £250 million needed.

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Regulatory

Councils receive new powers to protect cyclists

Cycling Minister Chris Heaton-Harris has announced that under new laws which will come into force on 22 June, councils will be given the power to use CCTV to issue penalty notices to drivers who misuse mandatory cycle lanes, which will include those who park or load illegally in cycle lanes. The new measures are being brought in to make travelling safer for cyclists who are often forced into the flow of traffic if cycle lanes are blocked by motorists and form part of government work to build a greener, healthier and more resilient transport network whilst also alleviating pressure on public transport infrastructure. Mr Heaton-Harris said “Giving local authorities more powers to stop cycle lanes from becoming blocked will make it safer for cyclists. These new measures also build on our recent £2 billion investment to create a green, healthier legacy and see more people travelling by bicycle or on foot.”

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Local outbreak control plans are needed

Greater Manchester Mayor Andy Burnham and Liverpool City Region Mayor Steve Rotheram have written a joint letter to Boris Johnson in which they state they are ‘disappointed’ at the lack of consultation on lockdown relaxations. They are asking the Government to provide local powers so councils can enforce their own rules based on the R number in their area, including local furlough schemes. They also urge the Government to provide funds for ‘humanitarian assistance’ during local lockdowns and said ‘significant support’ will be required in any local lockdown proposals, including a local furlough scheme. A Government spokesman said “We are providing £300m alongside comprehensive support to assist councils in developing their own local outbreak control plans, and have opened the Joint Biosecurity Centre which will work closely with councils and local health structures to mitigate the risk of local outbreaks.”

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Planning and housing

Planning powers could be given to development corporations

Communities secretary Robert Jenrick has put together a panel of experts who will advise on changing planning laws that will create a zonal system, transferring powers to development corporations and speeding up permission for infrastructure building. The aim is to reduce the number of planning applications and under the proposals, each council area would be divided up into different neighbourhoods, in which some uses would be permitted and others forbidden and then once a council was satisfied that a proposed development complied with its zoning rules it would then be given the go-ahead. It is thought that the changes could be announced later this month by Boris Johnson.

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£8.1 million funding for domestic abuse safe accommodation services

Homelessness Minister Luke Hall has announced £8.1 million funding for over 100 charities who are providing life-saving services for domestic abuse survivors. The funding will provide over 1,500 bed spaces for survivors of domestic abuse and will also fund help for the survivors and their children to help rebuild their lives, including specialist services such as counselling. Mr Hall said “Protecting survivors is an absolute priority during these unprecedented times and beyond. The funding will give charities the vital lifeline they need to help people across England escape abuse and rebuild their lives, away from the threat of violence.” The Government has also confirmed that it will bring forward legislation to give domestic abuse victims ‘priority need’ access to settled housing, ensuring they can find a home which is safe, secure and away from the threat of abuse.

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Ban on landlords evicting renters extended

Housing Secretary Robert Jenrick has announced a two-month extension to the Government’s ban on evicting renters during the coronavirus pandemic. The two-month extension will come into force on 25 June, the date upon which the initial three-month ban will come to an end. The extension applies to all social or private rented accommodation with the suspension on new evictions now being banned until 23 August 2020 to ensure that no one is evicted due to the pandemic. The Government has also announced that they will be bringing in new court rules which will ensure vulnerable renters will be protected when the suspension of evictions ends and will ensure that courts are better able to address the need for appropriate protection of all parties, including those shielding from coronavirus. Lord Chancellor and Secretary of State for Justice, Robert Buckland QC MP, said “Protecting vulnerable people has been our priority throughout this pandemic. Extending this ban will give people invaluable security in these turbulent times and work continues at pace to ensure vulnerable renters remain protected long after the ban ends.”

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£6 million support for charities to support rough sleepers

Homelessness Minister Luke Hall has announced £6 million for 132 charities across England so they can continue to support those facing homelessness during the coronavirus pandemic. The funding will be used to provide rough sleepers with beds and also to provide specialist physical and mental health support. Charities were able to bid for a share of the funding in order to provide these services. Rick Henderson, Chief Executive of Homeless Link, said “This emergency funding will enable them to keep running their vital services, from specialist support for women, those experiencing domestic violence and young people, to providing hot meals or upskilling people experiencing homelessness – to name just a few.”

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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