The following Local Government practice note Produced in partnership with Ros Ashcroft of DAC Beachcroft provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes provision to introduce changes to the Care Act 2014 duties on local authorities when needed during management of the pandemic. For details, see News Analysis: The Coronavirus Act 2020 and its impact on social care provision. For further information, see: Coronavirus (COVID-19)—social care tracker and Coronavirus (COVID-19)—local government tracker.
This Practice Note summarises:
what commissioning is in the context of local authority duties to provide health and social care
the legal requirements in respect of commissioning
integrated and joint commissioning, and
the risk of challenges to commissioning decisions
The term 'commissioning' has not been defined in legislation or case law and does not have an exact technical meaning.
'Commissioning' is an umbrella term used by local authorities and health providers to refer to the process by which arrangements are made with third parties:
to deliver services, facilities or resources
to exercise certain functions
on the authority's or health provider's behalf. This includes:
identifying and selecting a third party provider
agreeing the terms on which such services are provided and measured
It will often include a competitive tendering or procurement process.
As such, local authorities do not have a legal duty to commission particular services, or to be involved in commissioning at all. However, it will
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.