This month includes government outsourcing, amending contracts, land registration 2025 target for public sector, inquests, and public procurement with SMEs, Brexit and the mafia.
Welcome to our Public Matters Newsletter.
This month we have:
The Institute for Government has released a report about government outsourcing which has assessed the successes and failures of outsourcing in various sectors. Tara Cole looks at the key points and future steps.
The recent case of NHS Commissioning Board v Vasant (t/a MK Vasant and Associates) demonstrates the difficulties that an organisation can face when trying to amend their contracts. Chloe Poskitt identifies the practical considerations for public bodies.
A significant part of the Land Registry's strategy to secure full registration of all freehold land in England and Wales by 2030 is to focus on all unregistered land owned by local authorities and other public bodies. Ayesha Khalique outlines the key points for public bodies.
Anja Beriro reviews the case of Vitali SpA in Vitali SpA v Autostrade per l’Italia SpA (C-63/18) EU:C:2019:787, which highlights the importance of adapting public procurement to the needs of SMEs and to be mindful of the mafia!
The recent case involving Duncan Lawrence a clinical lead at Lancaster Lodge, a therapeutic community in South West London, highlights the importance of engaging with coroners and preparing well for any inquest. Rebecca Hawes takes summaries the key issues.
As we continue through some turbulent political waters, many public bodies seek advice and support on ensuring the decisions they make comply with the expectations of the law.
Although there is uncertainty about what arrangements will apply when the UK leaves the EU, there are a number of practical steps that can be taken now to prepare from a data protection perspective and to ensure that any data flows to and from the EU can continue post Brexit.
Law firm Browne Jacobson has collaborated with Wiltshire Council and Christ Church Business School on the launch event of The Council Company Best Practice and Innovation Network, a platform which brings together academic experts and senior local authority leaders, allowing them to share best practice in relation to council companies.
In the Autumn Statement delivered on 17 November, rises to the National Living Wage and National Minimum Wage rates were announced, to take effect from 1 April 2023.
Announced in September but scrapped on 17 November the investment zone proposals were very short lived. The proposal has now morphed into the proposal for a smaller number of clustered zones earmarked for investment.
Settlement agreements are commonplace in an employment context and are ordinarily used to provide the parties to the agreement with certainty following the conclusion of an employment relationship.
On 2 November 2022, the Supreme Court handed down its judgment in the much awaiting case of Hillside Parks Ltd v Snowdonia National Park Authority  UKSC 30. The Court’s judgment suggests that the long established practice of using drop-in applications is in fact much more restricted than previously thought. This judgment therefore has significant implications for both the developers and local planning authorities.
In ‘failure to remove’ claims, the claimant alleges abuse in the family home and asserts that the local authority should have known about the abuse and/or that they should have removed the claimant from the family home and into care earlier.
Across the UK, homelessness is an urgent crisis, and one that is set to grow amid the rising cost of living. Local authorities are at the forefront of responding to this crisis, but with a lack of properties that are suitable for social housing across the UK, vulnerable individuals and families are often housed in temporary accommodation.
Settlement agreements in an employment context are ordinarily used to provide both parties with certainty following the conclusion of an employment relationship – but what happens when there is alleged discrimination after entering into a settlement agreement?
Updates include UK Shared Prosperity Fund, contracts, Subsidy Control Bill, data controller liability, Government Covid-19 procurement and Highway Code revisions.
The complex and rather nebulous transitional subsidy control regime set out in the UK-EU Trade and Co-operation Agreement and the UK’s wider international commitments has made it difficult for public authorities and those working with them to proceed with certainty where subsidies are involved.