Local Authority round-up – 19/11/18

Brexit

UK and EU agree text of draft Withdrawal Agreement

On 14 November 2018 Theresa May agreed a draft Brexit deal with Brussels. The details of the draft agreement addresses the Northern Ireland “backstop” which aims to guarantee that physical checks will not be reintroduced at the border with the Irish Republic, in the event of the EU and UK failing to agree a deal on future trading relations that involves not having a physical border. Mrs May has since attended a special cabinet meeting and told the Commons the UK is “significantly closer” to delivering on the result of the Brexit vote and that it would give the UK control of borders, law and money, and also protect business and jobs.

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Cabinet Members resign following announcement of draft Withdrawal Agreement

In addition to a number of junior post holders, Dominic Raab, Esther McVey and Shailesh Vara have resigned as Secretary of State for Exiting the European Union, Secretary of State for Work and Pensions and Minister of State for Northern Ireland respectively following the Prime Minister’s unveiling of the draft Withdrawal Agreement.  Explaining his position, Mr Raab said: “I cannot support an indefinite backstop arrangement, where the EU holds a veto over our ability to exit.  The terms of the backstop amount to a hybrid of the EU Customs Union and Single Market obligations.  No democratic nation has ever signed up to be bound by such an extensive regime, imposed externally without democratic control over the laws to be applied, nor the ability to exit the arrangement.”

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House of Commons publishes Brexit timeline paper

The House of Commons library has published a Brexit timeline briefing paper, outlining the events leading to the UK’s exit from the European Union and subsequent dates of note, looking ahead to expected events as the UK and the EU negotiate the UK’s exit. The timeline begins on the date of the referendum in 2016 and looks forward to 31 December 2021 when the UK Government expects the ‘Irish backstop’ to end, in the hope that alternative measures to any temporary customs arrangements will be in place.

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European Commission proposes visa-free travel in a ‘no-deal’ scenario

The European Commission Vice President Frans Timmermans has said that Britons travelling to EU countries after Brexit for short stays will not require visas, providing the UK does the same for EU nationals. It would reportedly apply to trips of up to 90 days within a 180-day period. The Commission said this arrangement would start at the end of the transition period, scheduled to be at the end of 2020, if a deal is agreed. In the event of a ‘no-deal’, it would take effect from 30 March 2020. The Commission is calling on both institutions to make quick progress on this proposal so that it can be adopted in good time before 30 March 2019.

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Defra faces enormous Brexit challenges, warns Committee

A report published by the Committee of Public Accounts has concluded that the Department for Environment, Food and Rural Affairs faces enormous challenges in the lead-up to Brexit. The report establishes that there is a high level risk in the Department’s portfolio. Fundamental issues for food, chemical and animal importers and exporters are yet to be resolved and the Department is too complacent about the levels of disruption or interruption to trade that may be faced. Although the Department has made good progress in drafting 86 statutory instruments, in its efforts to rush through drafting there are concerns about quality.

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

Commercial

Education Secretary launches investment to support disadvantaged families

Education Secretary Damien Hinds has launched a multi-million pound project which will benefit disadvantaged families by providing them with extra support to nuture their children’s early development at home. The funding includes additional training for health visitors who work with families of young children to identify speech, language and communication needs early on, helping to address and support concerns when they can have the most impact. It will also fund educational games, apps and text message ‘tips’ for parents and carers from disadvantaged backgrounds helping them to interact and making everyday activities an opportunity for learning.

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Local Government Association (LGA) publishes ‘The lives we want to lead’ report

The LGA has published a report outlining the findings of the July 2018 consultation on its green paper for adult social care and well-being. The report set out 14 recommendations for the Government to consider, including:

• Stabilising and sustaining the system in the short term (2018-19) by an injection of the new national investments to close the core social care funding gap that builds to £3.56 billion by 2024/25;
• Prioritising investment in prevention, community and primary health services for the £20.5 billion additional expenditure for the NHS; and
• Only implementing its care cost cap and asset protection floor proposals if they are part of a wider set of reforms that secure the long-term sustainability of adult social care.

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Organisation defiant following publication of bus lane fine research

The LGA has given its support to councils following the publication of a study suggesting that bus lane fines amounted to £41m last year – at a rate of almost 2,500 per day.  However, commenting on the high figures, a spokesman from the RAC said: “the sheer number of fines suggests things may be awry in some cases – such as unclear signage or bus lanes running at times of day when there are no bus services, such as in the middle of the night.”

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Regulatory

Ombudsman finds council at fault for failing to take homelessness application

The Local Government and Social Care Ombudsman (LG&SCO) has criticised a council for failing to take a homeless application from a women who was seven months pregnant, and failing to provide her with interim accommodation. The council’s homelessness duty to the complainant was triggered in May 2017 when the Homelessness Reduction Act 2017 (HRA 2017) came into force and made significant changes to councils’ homelessness duties under the Housing Act 1996. The LG&SCO concluded that the woman should not suffer because of the council’s failure to act on its duty when it should have done so. The council has since offered her permanent accommodation and has been ordered to pay £3,500 for the injustice caused.

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Independent review calls for action to tackle serious and organised waste crime

Environment Secretary Michael Gove has published a review into serious and organised waste crime, concluding that rogue waste crime operators could face new fines if they mislabel their waste to dodge tax rules. The review also concludes that compulsory electronic tracking of waste could help clamp-down on illegal movements of waste at home and abroad, and that there should be financial penalties for producers if their waste is found to be deposited illegally. Welcoming the findings, Mr Gove said: “The threat to society from waste crime is real. Criminals are running illegal waste sites as a cover for theft, human trafficking, drug running and money laundering.”

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Regulator publishes report on investigation into the use of data analytics in political campaigns

The Information Commissioner’s Office (ICO) has published its report to Parliament bringing the ICO’s investigation into the use of data analytics in political campaigns up-to-date. It is the largest investigation of its type undertaken by any supervisory authority and the report covers areas investigated, findings and actions to date. Particular concerns surrounding voters’ personal privacy include the purchasing of marketing lists and lifestyle information from data brokers without sufficient due diligence, a lack of fair processing and the use of third party analytics companies with insufficient checks around consent.

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Planning and housing

Law Society calls for new safety measures to apply to social housing

The Law Society has said that new safety measures in the private rented sector should also apply to social housing, arguing that “there is no logic for having different safety standards between private and social housing.” Responding to a Ministry of Housing, Communities and Local Government consultation, A New Deal for Social Housing, Chancery Lane added that holding private and social landlords to the same standards of safety would help to ensure a consistent approach to regulation. Furthermore, that legal aid should be made available to enable tenants of social housing to enforce the full range of their rights, especially when it comes to a question of fitness for human habitation.

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Secretary unveils Housing Court proposals

Communities Secretary James Brokenshire has issued a call for evidence on the possible introduction to a specialist Housing Court in England. If created, the court “would provide a single path of redress for both landlords and tenants – meaning both have the security of knowing they have somewhere to go to seek justice, with the power to resolve the dispute.” In addition to the case for a new Housing Court, the Department said it was seeking opinions on: The private landlord possession action process in the county court; user experience in both the country courts and the first-tier tribunal for property cases; and the case for other structural changes such as an extension of the remit of the property tribunal.

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Council to ban ‘supersize’ homes to allocate room for affordable housing

Westminster City Council is to ban new supersized properties to free up space to build more affordable homes for “real people” as it sets out its 2040 vision for housing. The council said it would restrict new-build homes that exceed 1,615 square feet, a size 50% bigger than the average size of the borough, amidst growing concerns over affordability and oligarchs and global elites building “monopoly board-style” homes. The council claims that this will provide more space for affordable homes for Londoners as the city council sets out its ambition to build 1,495 new homes every year with six in every 10 made for middle-income families.

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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.