Regular opinion pieces on issues of interest to public sector lawyers from PLC Public Sector and leading commentators.

Archive for October, 2009

Latest NI procurement case highlights need for due diligence

Wednesday, October 28th, 2009

PLC Public Sector reports:

A key Government policy has been to promote the provision of public services by the third sector.  The latest contract award decision made by a Northern Irish government department to end up in court highlights an important issue for contracting authorities when considering letting a contract to a third sector organisation (particularly if it is a charity) - will the proposed supplier’s own constitution allow it to provide the services in question?

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Recommended actions for e-mail for week ending 21 October 2009

Monday, October 26th, 2009

PLC Public Sector reports:

Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.

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Be prepared: procurement challenge

Wednesday, October 21st, 2009

PLC Public Sector reports:

Another week, another government department in Northern Ireland defending a procurement process before the courts. On this occasion the Department of Enterprise, Trade and Investment faces allegations from Citizens Advice Northern Ireland that it did not undertake sufficient due diligence and, as a result, awarded a contract to a charity that would be prevented from providing the services by its own constitution.

Ask any public procurement lawyer and they will tell you that such problems are not limited to the government in Northern Ireland and that public authorities throughout the UK are receiving unprecedented levels of challenges - both formal and informal - to public procurement processes.  They will also tell you that there is no sign of the increase levelling off with the new remedies directive coming into force later this year.

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Recommended actions for e-mail for week ending 14 October 2009

Monday, October 19th, 2009

PLC Public Sector reports:

Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.

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Ending an employment relationship?

Wednesday, October 14th, 2009

PLC Public Sector reports:

With the Sharon Shoesmith judicial review, Rose Gibb being given permission to appeal the cancellation of her compensation payment to the Court of Appeal and pressure on the public sector to reduce headcount, the subject of terminating employment, whether by dismissal, agreement or redundancy, is high on the agenda for many public authorities. 

Subscribers to PLC Public Sector have access to a wealth of information to make sure they comply fully with the applicable legal and policy requirements when they are faced with having to terminate an employment relationship.

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Recommended actions for e-mail for week ending 7 October 2009

Wednesday, October 14th, 2009

PLC Public Sector reports:

Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.

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Local authority liable to teacher due to school’s health and safety failings

Wednesday, October 7th, 2009

PLC Public Sector reports:

The decision in a recent Scottish case highlights the need for schools to act quickly to assess and take account of the health and safety risks following incidents with pupils that could put staff in danger. 

In this case, the failure of the school to act immediately following a violent incident led to the local authority responsible for the school having to pay a teacher in excess of £70,000 in damages.

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Recommended actions for week ending 30 September 2009

Tuesday, October 6th, 2009

PLC Public Sector reports:

The Heyday case, patient confidentiality, the Health and Social Care Act 2008 and data security all feature on this week’s list of recommended actions.

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