Local Authority round-up 01/06/19

Brexit

European Commission’s position on Withdrawal Agreement unchanged following Prime Minister’s resignation

Following Theresa May’s announcement last week that she intends to resign on 7 June, the EU have confirmed that their stance on the Brexit Withdrawal Agreement will not change and that they are still working on the assumption that Brexit happens on 31 October.  European Commission spokeswoman Mina Andreeva said “Indeed, we have set out our position on the Withdrawal Agreement on the Political Declaration, the European Council in Article 50 format has set out its position and we remain available for anyone else who will be the new prime minister” and further noted “our continued preference, as expressed by the president, is an orderly withdrawal on the basis of the Withdrawal Agreement that has been negotiated with the U.K.”

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Withdrawal Agreement is UK’s ‘only option’ for a deal

The European Commission’s chief Brexit negotiator Michel Barnier has issued a message to Theresa May’s successor that in order to leave the EU with a deal the current Brexit Withdrawal Agreement is their only option.  He said “If the choice is to leave without a deal — fine. If the choice is to stay in the EU — also fine. But if the choice is still to leave the EU in an orderly manner, this treaty is the only option.”

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Referendum may be required to beak Brexit deadlock

Chancellor Philip Hammond has said that either a referendum or an election may be necessary to resolve the issues with Brexit with MPs unable to come to an agreement.  He said “My strong preference is for Parliament to resolve this but if Parliament can’t resolve it, then Parliament will have to decide how we remit it back to the people, whether it is in the form of a general election, or a referendum.” However, he said in relation to a general election that “I am not sure that a general election can resolve the question for the simple reason that both the main political parties are divided on the issue.”

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FCA extends Temporary Permission Regime deadline

The Financial Conduct Authority (FCA) has announced that it has extended its deadline for notifications for the temporary permissions regime until 30 October 2019 which will allow EEA-based firms passporting into the UK to continue new and existing regulated business until they have full FCA authorisation.  Nausicaa Delfas, Executive Director of International at the Financial Conduct Authority said “The FCA continues to plan for all Brexit scenarios, which includes a no-deal Brexit. Extending the deadline for firms to notify the FCA they want to enter the TPR is part of this ongoing work.  It is important that firms also continue to plan for all scenarios, including the possibility of a no-deal Brexit at the end of October 2019.”

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Government warned against another Windrush scandal

Under the Government’s EU settlement scheme, EU citizens in the UK before Brexit can apply for settled status which will allow them to continue to live and work in the UK following Brexit however, the system has been criticised for being slow and bureaucratic and some EU citizens are at risk of being left out.  Chairwoman of The Commons Home Affairs Committee Yvette Cooper said “The problems faced by the Windrush generation showed how easily individuals can fall through gaps in the system through no fault of their own and how easily lives can be destroyed if the Government gets this wrong.”  A spokesman for The Home Office disagreed stating the scheme was “performing well with more than 600,000 applications received by the end of April and hundreds of thousands of people already being granted status.”

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European Circuit authorities outline post Brexit legal challenges

23rd May saw the #Europeancircuit seminar in Manchester. Abigail Holt, Barrister and expert in European law, has provided a summary of the event.

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Commercial

Councils could lose £2.8 million as British Steel enters administration

The UK’s second-biggest steel maker British Steel has entered administration and councils could lose up to £2.8 million in business rates as British Steel pays some of the highest green taxes.  The Head of Rating at Colliers International had observed “British Steel’s predicament mirrors other UK manufacturers trying to balance the uncertainties surrounding Britain’s planned exit from the EU, a reduction in demand and higher costs.”

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Free social care for the elderly could save NHS billions

The Progressive Policy Think Tank has claimed that the introduction of free social care for everyone over the age of 65 could save the NHS £4.5 billion a year, create 70,000 new jobs and could be funded by a 2% income tax increase.  Harry Quilter-Pinner of IPPR said “By investing in personal social care so it is free at the point of need for everyone over 65, we can provide a better and more integrated care system, one that’s fairer to us all and saves the NHS £4.5bn a year.”

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Council to buy town centre

Knowsley Council has offered to buy Kirkby town centre after repeated delays to regeneration schemes by its current owners in private sector organisations.  Under the agreement the current owners St. Modwen would work with Knowsley Council in partnership with regards to the regeneration of the town centre.  Cllr Graham Morgan, leader of Knowsley Council said the deal ” would come with significant risks and challenges but we have concluded that the best chance we have to get this scheme completed would be to buy St. Modwen’s assets and deliver the rest of the improvements promised by them.”

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Regulatory

Ombudsman finds Council incorrectly declined parking permits

Following a complaint to the Ombudsman by a resident who had recently purchased a flat in Stockport town centre and was refused a parking permit from the Council, the Council has agreed to apologise to the resident and pay £200 for parking charges together with £50 a month to cover parking until a permit is granted.  The Ombudsman found that the Council was unfairly declining permits on the road, which was identified on the Council’s website as qualifying, after it changed its town centre Controlled Parking Zone without making amendments to its Traffic Regulation Order and applications should not have been refused until the order had been amended.

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Government publishes new council tax guide

The Government has produced a practical guide highlighting all the Council Tax discounts and exemption to ensure families aren’t paying too much Council Tax including exemptions where the entire household are full-time students, where a person has recently moved into hospital or a care home and where the household all have a mental impairment or are receiving live-in care.  The guide also explains how to challenge the Council Tax banding.  Local Government Minister Rishi Sunak MP, said “Council Tax is a vital source of funding for local government, supporting most of the day-to-day services we all use and rely on.  However, no one should be paying more than their fair share. We want to help people keep more of what they earn which is why we’ve produced this easily-accessible guide explaining the discounts and exemptions available – many of which people may never even knew existed.”

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New national parking data standards revealed

The Government has announced new national parking data standards which were created by the Alliance for Parking Data Standards (APDS) and funded by the Department for Transport.  The aim is to standardise data across all parking data released by local councils and companies so they use the same language which will support the development of apps which will make parking easier for drivers by identifying available parking spaces and permitted times and prices in order to streamline the parking experience.  Four research and development projects will take place in Manchester City Council, Oxfordshire County Council, Cambridgeshire County Council and across a consortium of South Essex Councils who will all receive a share of £1 million to start putting the APDS standards into practice.

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Planning and housing

Extension planning reforms made permanent

As from 25 May 2019 rights allowing larger home extensions have been made permanent and restrictive planning rules have been axed which will allow homeowners to extend their homes without a full planning application and shops will also be able to be changed to office space without the need for a full planning application.  Housing Minister Kit Malthouse MP said “These measures will help families extend their properties without battling through time-consuming red tape.  By making this permitted development right permanent, it will mean families can grow without being forced to move. This is part of a package of reforms to build more, better, faster and make the housing market work – and sits alongside our drive to deliver 300,000 homes a year by the mid 2020s.”  Since 2014 110,000 extensions have been completed under the temporary rules.

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Domestic abuse victims at risk of homelessness

With the Ministry of Housing, Communities and Local Government currently consulting on plans to place a legal duty on councils to provide and fund refuge accommodation, a new report from the All-Party Parliamentary Group has found that the current assessments to decide whether someone should be provided with accommodation are not appropriate for victims of domestic violence.   Simon Blackburn, chair of the Local Government Association’s Safer and Stronger Communities Board, said “The Government’s recent announcement that funding will be provided to place these vital services on a long-term, sustainable footing will help councils in this vital work.”

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Council injustice regarding domestic violence victim

Following an investigation, the Ombudsman has found that Oadby and Wigston Borough Council was at fault when it failed to take a homelessness application from a woman who sought help and told officers she was at risk of domestic violence if she stayed in another area.  The Council placed the responsibility on the other council area in which the woman was living with her children and until they accepted her application they were forced to stay in unsuitable bed and breakfast accommodation until they finally moved into privately rented accommodation.  The Ombudsman said the Council should apologise to the woman and pay £500 to recognise the injustice incurred but the Council has not yet accepted the recommendations.

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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 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.