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.
In this post, David looks back at the passage of the Brent v Risk Management Partners case through the courts and considers the implications of the recent Supreme Court judgment.
Daniel Greenberg, PLC consultant:
The Coalition’s Programme for Government promised to introduce a new ‘public reading stage’ for bills to give the public an opportunity to comment on proposed legislation online.
A pilot project has now begun with the establishment of a website allowing the public to comment on the Protection of Freedoms Bill. The idea is that comments made on the website will be “collated at the end of this public consultation and fed through directly to the Parliamentarians who will carry the Bill through the House of Commons”.
PLC Public Sector reports:
The recent decision of the High Court in R on the application of Forest Care Home Ltd and Others) v Pembrokeshire County Council highlights the tension between a local authority’s obligation under the National Assistance Act 1948 (NAA 1948) to provide the statutory care services that it is required to do and its fiduciary duty towards those who provide public funds.
Jackie Gray, Director, Dickinson Dees LLP:
Local authorities are now required to publish, online, spending data, tender documents and contracts over £500 as part of the government’s Transparency Programme (the Programme). The requirement also extends to central government departments, non-departmental public bodies (NDPB’s), government trading funds and NHS bodies (including NHS trusts), although the threshold for publication of spending data for those public authorities is £25,000 and tenders and contracts is £10,000.
In this post, Jackie Gray looks at the implications of the Programme for local authorities and, in particular, what steps authorities should be taking now.
Justin Day, Commercial Legal Adviser, Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust:
Not so long ago it was almost unheard of for NHS organisations to appoint in-house lawyers. However, with the landscape changing so quickly, it is becoming more common for public sector organisations outside government to engage their own legal advisers, such as me.
In this post, I look at why exploring the in-house option represents good sense for NHS organisations, argue the case for NHS legal services to sign up to the shared services agenda in 2011 and finally propose a solution for legal professionals working in the NHS who may currently feel a lack of support in matters which may not merit instructing external advisers but which nevertheless require a legal input.