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Public matters: July 2026

30 July 2026

This month's edition of Public matters provides an overview of the key legal, regulatory, and policy developments affecting UK public sector bodies and employers, spanning areas from housing and children's social care to employment rights and environmental obligations, set against the backdrop of significant political change.

Our response to Andy Burnham as the new UK Prime Minister

Experts from across a wide range sectors within Browne Jacobson react to a major political change for Britain and what this may mean for key segments of the economy. 

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When is a subsidy decision actually made?

The Competition Appeals Tribunal (CAT) in Mr Graham Thomas and Others v Durham County Council provides much needed clarity on the question of when a subsidy ‘decision’ has been made. We cover the key learnings for subsidy control.

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Burnham's bold housing plan: Rough sleeping and council homes

Andy Burnham has pledged to end rough sleeping and deliver the biggest council house building programme since the post-war period. We explore the legal reform and funding models needed.

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Biodiversity Net Gain (BNG): 2026 changes for LPAs 

2026 has brought the most significant package of reforms to the BNG regime since it became law two years ago. Public sector bodies should take note of what has changed and what is coming next.

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Is your local authority legally prepared for wildfires?

Across the UK, changing weather patterns are increasing the frequency and severity of fire events, and public bodies and local authorities are finding themselves at the centre of the legal and operational response.

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Child sexual abuse claims: The end of the limitation period

Section 95 of the Crime and Policing Act 2026 removes the three-year limitation period for civil personal injury claims arising from child sexual abuse. For local authorities and their liability insurers, this is a development that warrants careful consideration.

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Foster reform 2026: Simpler rulebook and 'ordinary life'

DfE has opened a consultation on updated fostering standards and guidance. Local authorities and independent fostering agencies can use the reform as a moment to reset day-to-day practice around the things carers and children feel most.

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New children’s social care model confirmed

The UK Government has confirmed five new Regional Care Co-operatives, bringing the total to seven and extending the new model of children's social care to more than 100 local authorities across England. 

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Public sector employment insights

New apprenticeship behaviour verification

Skills England published new guidance on placing sole responsibility on employers to verify apprentice workplace behaviours at the point of programme completion. 

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Right to work checks

The duty on businesses and organisations to prevent illegal working is set to expand beyond traditional employment relationships.

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Employment Rights Act 2025

Trade union right of access

The government has now published its response to the consultation and laid the final statutory Code of Practice: Right of trade unions to access workplaces.

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High value unfair dismissal claims

It is widely anticipated that the changes brought in by the ERA 2025 will increase the number of unfair dismissal claims pursued in the employment tribunal, and a possibility that highly paid senior employees may consider a claim.

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Fair Work Agency’s approach to holiday pay

Employers will be required to keep records demonstrating compliance with annual leave rules. The FWA will also be responsible for promoting and investigating compliance, and acting where employers fail to meet their holiday pay obligations. 

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Catch up on the latest insights

Our hub brings together all of our latest insights and guidance in one place, helping you stay informed and prepared for the changes ahead.

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New rules on detriments for industrial action

The ERA 2025 will protect workers who participate in lawful industrial action from being subject to a detriment. We look at the outcome of the consultation and what it means for employers.

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Union ballots go digital

Following a consultation, the government has now published its response confirming its intention to introduce electronic and workplace voting methods for statutory trade union ballots. 

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Consultation on access and unfair practices

The ERA 2025 includes reforms intended to simplify the trade union recognition process, including reforms to trade union access and unfair practices during the recognition and derecognition process.

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Craig Elder

Partner

craig.elder@brownejacobson.com

+44 (0)115 976 6089

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