Public matters: October 2026

29 October 2026

This month's edition of Public matters brings you recent developments in public law, including key court judgments and policy updates.

We cover:

Autumn Budget 2026 response.
Kinship care.
MHCLG's housing-led vision for Euston.
Burnham's ambitions for homelessness funding and devolved nations.
The Employment Rights Act 2025.
Wider employment law updates.

Events and training

Delivering neighbourhood working conference, 3 February 2027, Birmingham

Building on two major collaborative research reports, one conducted with the Local Government Information Unit (LGiU), the other with the NHS Transformation Unit. The conference will surface shared challenges, points of friction, and the legal principles that can drive practical, lasting solutions.

Government Legal Department (GLD) online training, October 2026 - February 2027, Online

This six-month training programme has been designed exclusively for central GLD teams by Browne Jacobson, a Government Commercial Agency panel firm (previously CCS), with deep expertise in public sector law.

Public law insights

Autumn Budget 2026 response

From defence investment and data centre reform to fiscal devolution and AI in the NHS, our legal experts across Browne Jacobson cut through the Chancellor's 2026 Budget announcements to set out what they mean in practice for businesses and public sector bodies.

Kinship care and the rise in infant care proceedings

Two BBC investigations shone a spotlight on challenges that will be familiar to anyone working in children's social care: a significant and sustained rise in babies subject to care proceedings, and kinship carers who are routinely given little or no time to prepare.

These are two distinct issues, but they are connected. This piece looks at both, and offers some straightforward practical pointers for local authority teams.

A housing-led vision for the Euston area

MHCLG's ambitious housing-led vision for Euston, with the potential to deliver 6,000 homes over the next 30 years, carries lessons on public land, delivery structures, and community engagement that public sector bodies across England cannot afford to ignore.

New homelessness funding announced ahead of Budget

With £874m in total homelessness funding announced ahead of the Budget and the first-ever Rough Sleeping Summit underway, our housing lawyers examine what local authorities will actually need to turn the Prime Minister's ambitions into reality.

New consumer subscription rules and their impact on gyms and leisure centres

From 1 January 2027, new subscription contract rules under the DMCC Act will apply to gyms and leisure centres, including those run by local authorities, bringing significant compliance obligations and fines of up to 10% of global turnover for those that get it wrong.

Andy Burnham’s speech on devolved nations

As Andy Burnham sets out his ambition to make regional devolution a UK-wide policy, our public law experts examine the constitutional tensions his approach creates with the Scottish and Welsh Governments.

Stay up-to-date on the Employment Rights Act 2025

All the latest updates in one place.

Visit our hub

Employment tribunal claim time limits to double from 1 October 2026

We summarise the key changes, implications and what steps employers should take.

Employer duty to inform workers of their right to join a trade union

Following a consultation, the government has published its response, which confirms that the implementation of this duty is now intended to come into force in January 2027.

EAT gives guidance on the use of generative AI in preparation of documents

In Hancox v Sutherland and others [2026] EAT 139, the Employment Appeal Tribunal provided some much-needed guidance on the use of generative AI by parties, particularly litigants in person, when preparing documents for submission to courts and tribunals.

Given the prevalent use of generative AI in employment litigation, the guidance sets clear expectations on the responsibilities of LiPs and the consequences should these responsibilities fail to be complied with.

EAT confirms that individual employees can be liable for a failure to make reasonable adjustments

Employers will be familiar with their duty to make reasonable adjustments for disabled employees and job applicants under the Equality Act 2010. While the duty to make reasonable adjustments is an employer duty, the Act provides that employers can be vicariously liable for the actions of their employees.

In Merriman v 1st Staff Ltd and others [2026] EAT 128, the Employment Appeal Tribunal considered whether an individual can be liable for a failure to make reasonable adjustments.