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Public Matters - August 2022

31 August 2022

Welcome to our August edition of Public Matters, our monthly round-up of legal updates, news and insights for the public sector.

This month we have:

Public sector exits – your chance to input to HM Treasury consultation

This month, HM Treasury issued a consultation on Administrative Control Process for Public Sector Exits with draft guidance. They’re proposing to introduce an expanded approvals process for employee exits and special severance payments, and additional reporting requirements. If approved, the proposals will impact public sector bodies and those that do not have a specific right to make exit payments.

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Avoiding the pitfalls of WhatsApp

The use of social media platforms and applications can have overwhelmingly positive benefits for public bodies.

However, regulatory action recently taken by the Information Commissioner, has highlighted various pitfalls that public bodies should seek to avoid if allowing staff to use social media as a communication tool.

Read more >

Proposed reforms to the Pre-Action Protocols - and possible mandatory ADR gateway

In November 2021, The Civil Justice Council’s published its interim report on proposed changes to the current Pre-Action Protocols, which included a mandatory Alternative Dispute Resolution (ADR) gateway.

In this article we look at proposed reforms and consider what this could mean for your case.

Regeneration funding: Securing Compulsory Purchase Orders in the face of escalating building costs

The focus on the Levelling Up agenda and the availability of grant funding, means there are numerous important regeneration schemes actively being pursued across the country.

With ever escalating project and building costs, in many cases, applications that were made for grant funding were based on costs contingencies that have already been exceeded.

Read more >

Subsidies and Schemes of Interest/Particular Interest – Consultation response published

The Government has recently published its response to the consultation on Subsidies and Schemes of Interest and of Particular Interest under the Subsidy Control Act 2022.

In this article, our subsidy control experts discuss some of the key points coming out of the response, and their impact for public authorities.

Liberty Protection Safeguards

Deprivation of Liberty Safeguards was due to transition to Liberty Protection Safeguards in October 2020 but delayed due to the pandemic.

While the public consultation has now closed and we’re still unclear of what the final legislation and code will look like, it’s worth noting and keeping a watching brief.

Read more >

Dates for your diary

07 Sept - Building Safety Act webinar

04 Oct - Public sector exits consultation

05 Oct - EV charging points: contractual and liability issues to be aware of

Training and events

13Dec

Claims Club London office

We are pleased to invite you to join us for our popular Claims Club, which will take place in-person in our London office. With a focus on risk in the public sector, as well as discussion on the topics outlined below we are hoping there will be time for Mr Jonathan Cook to don his sparkly jacket for a short festive quiz! Following the session there will be an opportunity for an informal catch up for those who can stay on.

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9Mar

Mock Inquest Training Sessions ON24 webinar platform

This is an important training course for practising clinicians and any NHS professionals who would benefit from understanding the inquest process, including those working in clinical governance and risk, complaints, family liaison and in-house legal teams.

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Focus on...

The UK's green agenda - the outcomes of COP27 and actions since COP26

Just over a year ago world leaders, policymakers, scientists and environmental activists gathered in Glasgow for COP26. Now many of those same people have also travelled to Egypt to attend this year's summit for what has been billed as “A moment of truth for the international community”.

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Press releases

Browne Jacobson helps launch new innovative council company network with Wiltshire Council and Christ Church Business School

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.

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Legal updates

Shared Insights: The Patient Safety Incident Response Framework

In our latest Shared Insights session, Patient Safety Incident Response Framework, chaired by Amelia Newbold, Nicola Evans and Damian Whitlam, we were pleased to be joined by Lauren Mosley, Head of Patient Safety Implementation, NHS England and Tracey Herlihey, Head of Patient Safety Incident Response Policy, NHS England. The discussion covered a number of topics including the key elements of PSIRF, points for Trusts to consider including disclosure, and feedback from an early adopter Trust. For more information and details of how we can help, you can download the note at the link below.

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Legal updates

Insights from the Chief Coroner by His Honour Judge Thomas Teague, KC

I was delighted to attend Browne Jacobson’s Health and Care Connect conference on 10 October 2022 to address professionals from across the health and care sector about the coronial system.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Peter Ware

Peter Ware

Partner and Head of Government Sector

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