GLOSSARY
Key stage definition
What does Key stage mean?
The Four key stages are: Key stage 1 for pupils aged approximately 5 to 7, Key stage 2 for pupils aged approximately aged 8 to 11, Key stage 3 for pupils aged approximately 12 to 14 and Key stage 4 for pupils aged approximately 15 to when pupils cease to be compulsory school age. See the Education Act 2002 s 82.
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The curriculum in maintained schools
The Basic Curriculum in EnglandThere are three elements in the Basic Curriculum in England: •religious education•sex education, and•the National CurriculumCollective worshipOn each school day, but not necessarily at the start, pupils at maintained schools (including special schools) are to take part in collective worship, either all together or in different age or school groups, and on the school premises. On special occasions the governing body may, after consultation with the headteacher, arrange for it to take place elsewhere. The arrangements for collective worship are made differently depending on the type of school in question:•at foundation schools with a religious character and at voluntary schools, the arrangements are to be made by the governing body after consultation with the headteacher•at community schools and foundation schools without a religious character, by the headteacher after consulting the governing body•at foundation schools with a religious character and at voluntary schools, collective worship is to be in accordance with the trust deed or, if there is none, and the school has a religious character, with the tenets and practices of the relevant religion or denominationThe process for designating foundation and voluntary schools as ‘having a religious character’ is set out in section 69 of the School Standards and Framework Act 1998 (SSFA 1998) and in regulations.At community schools and
Education tracker 2021 [Archived]
Education tracker 2021 [Archived] This Lexis®PSL Local Government future Education tracker 2021 [Archived] contains a historical record of current awareness, consultations legislations and developments tracked by the Education tracker covering the entire spectrum of education from early years foundation stage (EFYS) to further and higher education during the year 2021. As soon as news, consultations and other developments cease to be current, they are archived in the Education tracker archive. Secondary legislation is archived two months after it is in force. Cases and primary legislation are archived 12 months after coming into force or after judgment is handed down. See: Education tracker 2020 [Archived], Education tracker 2019 [Archived], Education tracker 2018 [Archived], Education tracker 2017 [Archived] and Education tracker 2016 [Archived]. For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Consultations and developments of interest • Cases Coronavirus (COVID-19) To keep up-to-date with guidance and content relating to the impact of COVID 19 on the education sector, see the Coronavirus (COVID-19)—local government tracker—post July 2021 or for developments prior to 18 July 2021 see: Education. Legislation and statutory guidance Further and Higher Education What's happening? When? Find out more Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021, SI 2021/1294 31 December 2021 These Regulations are made in exercise of legislative powers under the Teaching and Higher Education Act
Transition in outsourcing
Transition in outsourcing Transition is a key stage in the outsourcing process under which certain business functions are migrated to the new provider. This Practice Note considers the following legal and commercial aspects of transition in outsourcing agreements: • What is transition? • Transition process • Drafting the transition schedule • Transition plan • Milestones and milestone credits • Right of suspension • Management and reporting For an example transition schedule, see Precedent: Transition schedule. For the transition considerations arising at the end of an outsourcing transaction, see Practice Note: IT outsourcing—transition and termination issues. What is transition? Transition is usually the first stage in the outsourcing process following signature of the outsourcing agreement and involves the new supplier taking over responsibility for the provision of the outsourced services. The existing supplier may be an outgoing contractor or an in-house team within the customer’s organisation. This phase is critically important in a new outsourcing relationship. It will be the first time that the supplier and the customer will work together to achieve the outcomes discussed at length during negotiations and it will shape the future provision of the services. Any shortcuts taken during due diligence may also come to light and so both parties need to be proactive and responsive to solve any problems that arise. Transition contrasted with transformation Transformation is the process of enhancing and streamlining the provision of the outsourced services, primarily in order to achieve cost savings.
Coronavirus (COVID-19)—consolidated Q&As
Coronavirus (COVID-19)—consolidated Q&As This Practice Note contains a consolidated list of coronavirus (COVID-19) Q&As from across a number of Practice Areas. Q&As July 2021 Q&A Summary What advice may be given to a non-resident parent where a contact order is in place when their child has to isolate but is not suffering from coronavirus (COVID-19)? Should the child visit the non-resident parent as per the child arrangements order, or would this defeat the object of the isolation? This Q&A considers contact arrangements during the coronavirus (COVID-19) pandemic. A tenant of an AST has had to self-isolate for coronavirus (COVID-19) reasons. Can their landlord charge them for a professional deep clean at the end of the tenancy? This Q&A considers whether a landlord is allowed to charge a tenant who was required to self-isolate as a result of coronavirus (COVID-19) for a professional deep clean at the end of their assured shorthold tenancy. The Electricity Generating Stations (variation of consents) (England and Wales) Regulations 2013, SI 2013/1570, reg 5(5)(v) requires that public notices indicate a place which is reasonably accessible to those likely to be affected by the proposed development where copies of the application may be inspected. Is there any exemption from this requirement as a consequence of the current coronavirus (COVID-19) pandemic? This Q&A considers whether there are any exemptions to regulation 5(5)(v) of the Electricity Generating Stations
School admissions for maintained schools
School admissions for maintained schools Every child of compulsory school age must engage in full-time education; parents have a duty to secure their child’s regular attendance at school (section 7 of the Education Act 1996 (EA 1996)). In nearly every case, the child is enrolled at a school for this purpose. Admission to a school roll is often simple, but complications arise when the number of applicants for admission exceeds the school’s capacity. Academies are technically independent schools, but they are actually state-funded and use the maintained schools’ system of admissions (admission at fee-paying independent schools is entirely a matter for the school and the parents, subject only to laws on equalities). In either sector, the admission of children with education, health and care (EHC) plans (under the Children and Families Act 2014) is usually controlled through their statutory process. Admissions to early-years classes in maintained schools are hardly regulated at all, but admission to an early years class of a primary school is irrelevant to graduation to, or admission to, the reception year of compulsory schooling. Parents/Guardians must apply afresh. In addition to the legislation, there is important statutory guidance in the School Admissions and Admission Appeals Codes. The latest School Admission Codes were issued in 2014 in England, and 2013 in Wales. The latest School Admission Appeals Codes were issued in 2012 in England and 2013
Education tracker 2018 [Archived]
Education tracker 2018 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Lexis®PSL Local Government Education tracker 2018 [Archived] contains a historical record of current awareness, consultations, legislations and developments tracked by the Education tracker from 2018 Developments from and 2017 are available in the Education tracker 2017 [Archived]. For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Consultations and developments of interest • Cases Legislation and statutory guidance Further and Higher Education What's happening? When? Find out more Higher Education (Transparency Condition and Financial Support) (England) Regulations 2018, SI 2018/1382 20 December 2018 SI to make provision ensuring ongoing registration of higher education (HE) providers rated ‘Approved’ or ‘Approved (fee cap)’ includes a transparency condition and provision that those providers are eligible to receive payments from OfS Provisions are made establishing that the Office for Students (OfS) must ensure that the ongoing registration conditions of each registered HE provider in the ‘Approved’ or ‘Approved (fee cap)’ part of the OfS register, includes a transparency condition in England. Provision is also made prescribing that registered HE providers in the ‘Approved (fee cap)’ part of the OfS register are eligible to receive grants, loans or other payments from the OfS. Further detail regarding the OfS register is set out. The Regulations will come into force partly on 6
Coronavirus (COVID-19)—education tracker 2020 [Archived]
Coronavirus (COVID-19)—education tracker 2020 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This tracker was used to track key developments, legislation, guidance and briefing notes relating to the response to coronavirus (COVID-19) in 2020, focusing on updates relevant to education. It is designed to provide a historical record of the legislation and guidance in place and used during that period. For a navigational list of all local government coronavirus trackers, see: Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. Primary Legislation Development When in force Find out more Coronavirus Act 2020 (CA 2020)• CA 2020, ss 37–38 (schools, childcare providers etc) • CA 2020, Sch 16 Pt 1 (temporary closure of educational institutions and childcare premises 25 March 2020 Emergency measures in place and relaxation of education duties to respond to the COVID-19 pandemic This Act is made to enable the government to respond to an emergency situation and manage the effects of a coronavirus pandemic. A severe pandemic could infect up to 80% of the population leading to a reduced workforce, increased pressure on health services and death management processes. This Act contains temporary measures designed to either amend existing legislative provisions or introduce new statutory powers which are designed to mitigate these impacts. It comes into force partly on 25 March 2020 and fully on the day or days
Coronavirus (COVID-19)—education tracker [Archived]
Coronavirus (COVID-19)—education tracker [Archived] This tracker was focused on education and was intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) and education, where relevant to local government lawyers. It was designed to provide an easy reference point for relevant content for education lawyers working in or with local authorities during the coronavirus outbreak up to 18 July 2021. For a navigational list of all archived local government coronavirus trackers, see: Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. For the most recent developments post ‘freedom day’ see Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Primary Legislation Development When in force Find out more Coronavirus Act 2020 (CA 2020)• CA 2020, ss 37–38 (schools, childcare providers etc) • CA 2020, Sch 16 Pt 1 (temporary closure of educational institutions and childcare premises 25 March 2020 Emergency measures in place and relaxation of education duties to respond to the COVID-19 pandemic This Act is made to enable the government to respond to an emergency situation and manage the effects of a coronavirus pandemic. A severe pandemic could infect up to 80% of the population leading to a reduced workforce, increased pressure on health services and death management processes. This Act contains temporary measures designed to either amend existing legislative provisions
Education tracker
Education tracker This Lexis®PSL Local Government future developments tracker is intended to be used to track key upcoming developments of interest to Education lawyers covering the entire spectrum of education from foundation-stage'>early years foundation stage (EFYS) to further and higher education. As soon as news, consultations and other developments cease to be current, they are archived in the Education tracker archive. See: • Education tracker 2021 [Archived] • Education tracker 2020 [Archived] • Education tracker 2019 [Archived] • Education tracker 2018 [Archived] • Education tracker 2017 [Archived] • Education tracker 2016 [Archived] For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Consultations and developments of interest • Cases Legislation and statutory guidance Further and Higher Education What's happening? When? Find out more Power to Award Degrees etc (Spurgeon’s College) Order 2022, SI 2022/640 1 September 2022 This Order is made to authorise Spurgeon’s College with the power to award taught awards for a three-year and three-month fixed term expiring on 1 December 2025. This Order will come into force on 1 September 2022.This Order, made under section 42(1) of the Higher Education and Research Act 2017, is made to authorise Spurgeon’s College with the power to award taught awards for a three-year and three-month fixed term expiring on 1 December 2025.See: LNB News 15/06/2022 34. Education (Student Finance) (Miscellaneous Amendments) (No
Working with counsel
Working with counsel Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also serve as a boost to the initially instructed solicitor’s advice. This Practice Note sets out how counsel can be instructed so that the client receives the maximum benefit. Choosing counsel and reasons to instruct A list of approved counsel should be maintained and regularly updated. In family matters, what might be termed a good 'bedside manner' is important. Clients often feel immensely vulnerable and the involvement of a brilliant but brusque professional may not suit the client at all. Consideration may need to be given to instructing leading counsel and in some cases leading counsel will happily take a case without the expense of junior counsel assisting them. The earlier in a case counsel is instructed, the more benefit will be obtained from their advice. There are different reasons for instructing counsel, ie: • it is clear from the outset that the advocacy cannot be conducted by the instructing solicitor due to current or anticipated commitments—the early instruction of counsel will ensure that the advocacy is covered without any last minute drama and early re-booking for the next hearing will
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What fees are payable in the Intellectual Property Enterprise Court in relation to key stages of proceedings?
What fees are payable in the Intellectual Property Enterprise Court in relation to key stages of proceedings? Every case in the Intellectual Property Enterprise Court (IPEC) is different, including subject matter, complexity, and value. For that reason, it is always difficult to exactly predict the fees that a party will incur in the IPEC for each key stage. Nevertheless, some helpful guidance in estimating the fees payable can be found in the Part 45 of the rules'>Civil Procedure Rules 1998 (CPR). Under the CPR PD 45, the IPEC is subject to strict caps on the costs which the winning party can recover for each key stage, as well as the total amount it can recover. According to CPR 44, ‘costs’ include fees (ie solicitor fees), charges, disbursements, expenses or remuneration, unless expressly stated otherwise. These costs caps can assist both claimant and defendant in determining their budgets for each stage of the proceedings, in the knowledge that if their costs exceed that amount, that it is unlikely to be recoverable from the other side. In an ideal scenario, their representatives will keep within the costs caps, although this is not always possible depending on the complexity of the case. Section IV of the Practice Direction sets out the maximum amount of costs which the court will award for each stage of a claim, as well as the overall
NHBC—what is the basis for the developer being responsible for dealing with defects for the first two years, if the sale contract for a new build house is silent as to the developer having such responsibility?
NHBC—what is the basis for the developer being responsible for dealing with defects for the first two years, if the sale contract for a new build house is silent as to the developer having such responsibility? Liability is established through association with the New Homes Building Council (NHBC) as a registered member. Builders who register with the NHBC are expected to comply with the NHBC standards and those of the Council of Mortgage Lenders (CML). As part of the cover, an NHBC inspector is appointed to ensure that the builder complies with the standards. On new builds, the NHBC inspector carries out a series of 'key stage' inspections. The key stages are foundations, drainage, superstructure ie brickwork etc pre-plaster and pre-handover to the customer. There is an additional inspection on apartments/flats of the roof construction. See Practice
Can a parent object to their child having sex education?
Can a parent object to their child having sex education? Maintained schools Requirement to provide sex education For children at a maintained school of secondary school age, provision for sex education is part of the basic curriculum for all registered pupils at the school, see section 80(1)(c) of the Education Act 2002 (EA 2002). See Practice Note: The curriculum in maintained schools. Under section 403 of the Education Act 1996 (EA 1996), the governing body and head teacher must take steps as are reasonably practicable to secure that where sex education is given to any registered pupils at a maintained school, it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life. EA 1996, s 403 also sets out specific areas that sex education must cover and requires that guidance is provided by the Secretary of State to secure these requirements. The then Department for Education and Employment (DfEE) issued the Sex and Relationship Education Guidance: 116/2000 in 2000. Right to withdraw It is however possible for parents of children at maintained schools to withdraw their children from sex education; EA 1996, s 405 states: 'If the parent of any pupil in attendance at a maintained school requests that he may be wholly or partly excused from receiving sex education at the school, the pupil shall, except so
What changes to Key Stages 1 and 2 assessments have been made during the COVID–19 pandemic?
What changes to Key Stages 1 and 2 assessments have been made during the COVID–19 pandemic? This Q&A explains the impact of the enactment of Part 1 of Schedule 16 to the Coronavirus Act 2020 (CA 2020) and CA 2020, ss 37–38, requiring the temporary closure of educational institutions and childcare premises and consequent temporary relaxation of the duty on a authority'>local authority under section 19 of the Education Act 1996 (EA 1996) to secure exceptional provision of education and the removal of the offences of failing to secure attendance EA 1996, ss 437–444. In particular it covers the consequent government decision to cancel all primary school assessments including assessment against the early learning goals that form the Early Years Foundation Stage profile and SATs. It covers the necessary amendments to legislation introduced by the Education (National Curriculum) (Key Stages 1 and 2 Assessment Arrangements) (England) (Coronavirus) (Amendment) Order 2020, SI 2020/436 on the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003, SI 2003/1038 and the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004, SI 2004/2783. As part of the national response to the coronavirus (COVID-19) pandemic, local authorities are undertaking a wide range of essential and additional
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Irish probe of TikTok China data transfer claims moves to second key stage
MLex: A probe into suspicions that TikTok illegally transfers EU citizens’ personal data to China has reached its second key stage of four, the Irish Data Protection Commission (Irish DPC) has told MLex. It says that last week it sent the Chinese-owned video-sharing platform a formal communication outlining the major issues of its probe.
Local Government weekly highlights—12 May 2022
This week's edition of Local Government weekly highlights features details of the bills and government priorities set out in the Queen’s Speech that will impact the local government sector; case analysis of R (Elkundi) v Birmingham CC and R (Imam) v Croydon LBC on the nature of the duty owed by LHA’s to homeless persons under section 193(2) of the Housing Act 1996, and analysis of the long-awaited Subsidy Control Bill putting into law a statutory UK State aid regime. The weekly highlights also includes further updates on Brexit, Ukraine conflict, governance, public procurement, local government finance, education, children’s social care, healthcare, social housing, planning, environmental law and climate change, licensing and coronavirus (COVID-19).
Local Government weekly highlights—10 March 2022
This week's edition of Local Government weekly highlights includes updates on the government’s planned Human Rights Act and Healthcare reform and a case report of the Supreme Court decision in Croydon BC v Kalonga. Case analysis includes the challenge to the Secretary of State’s implementation of a change to the arrangement of local government in Cumbria County Council v SSLUHC; the public procurement decision in Excession Technologies v Police Digital Service; the challenge brought by two children to the Secretary of State’s decisions relating to the provision of COVID-19 vaccines in AB v SSHSC; the decision on school exclusions in YA v Independent Appeal Panel of Swansea Council; and in Global 100 Ltd v Jimenez, on whether a vacant office building occupied by property guardians fell under the definition of an HMO. The weekly highlights also includes further updates on public procurement, governance, education, children’s social care, social care, healthcare, social housing, planning, licensing and local government finance and also covers the usual legislation, updated guidance and news on coronavirus (COVID-19).
Local Government weekly highlights—17 February 2022
This week's edition of Local Government weekly highlights includes analysis of the UK Subsidy Control Regime, commentary on judicial review under the National Security and Investments Act 2021, Subsidy Control Bill and Online Safety Bill, an examination of the consultations underway on school exclusions and analysis of social housing in the context of the Levelling Up policy. Case analysis includes: Counsel General for Wales v SSBEIS, wherein the Court of Appeal clarified a devolution issue arising from the UK Internal Market Act 2020; Evans v Joseph Joseph Ltd, where the High Court considered contractual terms with regards to design rights; Paley v London Borough of Waltham Forest, which considers affordability in the context of homelessness applications; ZLL v MHCLG which concerns a judicial review of the unpolished policy to end the ‘Everyone In’ scheme adopted in response to the coronavirus (COVID-19) pandemic. This week’s highlights also includes further updates on governance, public procurement, judicial review, education, children’s social care, social care, healthcare, social housing, planning, local authority prosecution, licensing, local authority finances and environmental law and climate change are also included as well as the usual legislation, updated guidance and news on coronavirus.
Public Law weekly highlights—12 August 2021
This week's edition of Public Law weekly highlights includes selected Brexit headlines, including a consultation on the government’s engagement with business and civil society on the implementation of the EU-UK Trade and Cooperation Agreement (TCA), progress in the UK's post-IP completion day priorities, including international trade, analysis of the limits of UK regulatory autonomy in the context of medical devices, as well as the latest post-Brexit guidance and SIs. Coronavirus (COVID-19) updates include key SIs and operational guidance from the courts. Also in this edition, analyses of the judicial review of policies and the latest National Planning Policy Framework, the outcome of the Operation Brock legislation consultation, plus additional updates on judicial review, State aid, information law, projects and infrastructure and public service pensions. Case analysis this week includes further details and analysis of the latest judicial review and public procurement cases, including the Northern Ireland High Court's ruling on the Northern Ireland Protocol to the Withdrawal Agreement; the Court of Justice's ruling on pre-settled status, access to benefits and permission to discriminate; and the High Court's rulings on the travel traffic light system, directive Academy Order and admissibility of expert evidence in procurement challenges.
Local Government weekly highlights—12 August 2021
This week's edition of Local Government weekly highlights includes case analyses of ABC v The London Borough of Lambeth, R (Robinson) and Buckinghamshire Council, Yew Tree Primary School v SSE, R (Manchester Airports Holdings Ltd) v SST plus analyses on judicial review of policies, the Health and Care Bill and the five potential models for place-based governance, changes to the CrimPR and on the Revised National Planning Policy Framework’s implications for climate change and sustainable transport. It also includes the latest Covid-19, Brexit, public procurement, governance, judicial review, education, healthcare, social care, social housing, licensing and planning.
Local Government weekly highlights—15 July 2021
This week's edition of Local Government weekly highlights includes the usual updates relating to the legislation and guidance for the management of the ongoing Coronavirus (COVID-19) pandemic including the latest government plans for the final step of the roadmap in England. In non COVID-19 related developments, it contains analysis of UK public procurement post-Brexit, the new UK subsidy control regime, lessons on effective service of proceedings from Good Law Project v DSHC, analysis of the UK Subsidy Control Bill and DHSC’s draft strategy on data usage in the health and social sector toghether with case analysis of R (oao Sheakh) v LB Lambeth on experimental low traffic neighbourhood orders and R (Reprieve) v Prime Minister on who can bring a Human Rights Act challenge. It also includes the latest public procurement, governance, education, social care, healthcare, social housing, planning, environment and licensing updates.
Local Government weekly highlights—10 June 2021
This week's edition of Local Government weekly highlights leads with Brexit-related updates and covers the usual legislation, updated guidance and news on coronavirus (COVID-19). Non-COVID-19 related updates include analysis exploring opportunities for green and sustainable finance; case analysis of DFX v Coventry CC on liability of social services in failure to remove claims and Stakers Ltd v The Gambling Commission clarifying the regulatory practice associated with gambling operating licences. The weekly highlights also includes further updates on public procurement, governance, education, children’s social care, social care, healthcare, social housing, planning, licensing and environmental law and climate change.
Public Law weekly highlights—29 April 2021
This week's edition of Public Law weekly highlights includes selected Brexit headlines including the European Parliament's approval of the EU-UK Trade and Cooperation Agreement (TCA), updates on urgent discussions and meetings of various Withdrawal Agreement Specialised Committees, a parliamentary report on the TCA, new inquiries on the implementation of the Northern Ireland Protocol and the UK-Nigeria relationship, progress on the UK's international trade priorities, as well as the latest post-Brexit guidance, legislation updates and SIs. Coronavirus (COVID-19) updates include reviewed restrictions in Wales, government responses to the pandemic's economic and secondary impact, a joint briefing on the marginalisation of the House of Commons during the pandemic, the Joint Committee on Human Rights' calls for review of coronavirus fixed penalty notices, the Transport Committee's consideration of the government‘s ‘Global Travel Taskforce' report, plus key legislation and operational guidance from the courts. Also in this edition, analysis of the self-cleaning procedure in public procurement, a parliamentary briefing on the State Opening of Parliament, an IfG report on the fiscal position of Scotland, Wales and Northern Ireland, plus additional updates on lobbying, judicial review, public procurement, State aid and EU law. Case analysis this week includes details and analysis of several human rights cases.
Local Government weekly highlights—29 April 2021
This week's edition of Local Government weekly highlights leads with Brexit-related updates and covers the usual legislation, updated guidance and news on coronavirus (COVID-19). Non-COVID-19 related updates include analysis of self-cleaning in public procurement in the UK, case analysis of PHE v Harlow DC, Allen v London Borough of Ealing, Coote (on behalf of the Promised Land Academy) v Secretary of State for Education, YY (Children—Conduct of the Local Authority), Bux v GMC and Wigan BC v Scullindale Global Ltd, plus analysis of the £7.5m fine received by Tesco for food hygiene offences, its significance and recent trends in sentencing food safety and hygiene offences. The weekly highlights also includes further updates on public procurement, governance, LA prosecutions, education, children’s social care, social care, healthcare, social housing and planning.
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