- Local Government weekly highlights—21 January 2021
- In this issue:
- Coronavirus (COVID-19)—Governance
- Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)
- UK suspends travel corridors amid fears of new coronavirus (COVID-19) variants
- UK introduces travel ban on flights arriving from South America and Portugal
- Lords’ Scrutiny Committee voices concerns over wide definition of critical worker
- DfT published guide for testing those travelling to England amid coronavirus (COVID-19)
- Coronavirus (COVID-19)—guidance on funerals updated to reflect national lockdown
- Coronavirus (COVID-19)—HMCTS publishes updated operational summary for week commencing 18 January
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- Evidence sought for inquiries into border control and coronavirus (COVID-19)
- Wales to require negative coronavirus (COVID-19) test from inbound travellers
- Welsh Government announces new risk assessments for companies amid coronavirus (COVID-19)
- Coronavirus (COVID-19)—over 57,000 Welsh business helped by UK Government
- Coronavirus (COVID-19) testing advice for travellers issued by Welsh Government
- Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) (Amendment) (England) Regulations 2021, SI 2021/52
- Health Protection (Coronavirus, International Travel) (England) (Amendment) (No 3) Regulations 2021, SI 2021/47
- Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021, SI 2021/38
- Health Protection (Coronavirus, International Travel) (England) (Amendment) (No 4) Regulations 2021, SI 2021/49
- Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) Regulations 2021, SI 2021/53
- Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021, SI 2021/20
- Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No 2) (Wales) Regulations 2021, SI 2021/46
- Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Wales) (Amendment) Regulations 2021, SI 2021/48
- Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No 2) Regulations 2021, SI 2021/50
- Health Protection (Coronavirus Restrictions) (No 5) (Wales) (Amendment) Regulations 2021, SI 2021/57
- Coronavirus (COVID-19)—Healthcare
- Healthcare entities urge DHSC to enact safeguards for doctors amid coronavirus (COVID-19)
- NMC endorses flexibility in nursing education amid coronavirus (COVID-19)
- Coronavirus (COVID-19)—Hancock gives update on vaccine plan
- Coronavirus (COVID–19)—AI leads in transforming patient care and treatment
- Coronavirus (COVID–19)—people aged 70 and over receive invitations for vaccines
- Workers crucial to vaccine rollout to be offered coronavirus (COVID-19) vaccine
- DHSC calls for public to help coronavirus (COVID-19) vaccine roll out
- Welsh Government launches app to support sufferers of coronavirus (COVID-19)
- DHSC releases new figures about NHS Test and Trace Scheme
- DHSC publishes interim report summary on community testing pilot for coronavirus (COVID-19)
- PHE announces results of study into naturally acquired immunity from coronavirus (COVID-19)
- GDC issues advice for decision makers amid coronavirus (COVID-19)
- General Pharmaceutical Council (Coronavirus) (Amendment) Rules Order of Council 2021, SI 2021/26
- Health and Care Professions Council (Coronavirus) (Amendment) Rules Order of Council 2021, SI 2021/27
- Coronavirus (COVID-19)—Public procurement
- Public procurement challenge to direct awards of PPE contracts—permission granted (The Good Law Project; R (on the application of) v Secretary of State for Health and Social Care)
- Coronavirus (COVID-19)—Education
- Guidance on higher education restructuring scheme issued
- OfS calls for action to be taken by universities amid coronavirus (COVID-19)
- Primary and nursery staff offered access to asymptomatic testing for coronavirus (COVID-19)
- National free school meals voucher scheme launched for eligible pupils
- Welsh students facing financial hardship to receive £40m amid coronavirus (COVID-19)
- Lead Commission for SMC looks at 2021 exam plans amid coronavirus (COVID-19)
- DfE launches consultations on replacement of summer 2021 exams and VTQs amid coronavirus (COVID-19)
- DfE publishes supplementary guidance for specialist schools amid coronavirus (COVID-19)
- DfE updates guidance for opening specialist schools amid coronavirus (COVID-19)
- Early Years Foundation Stage system updated amid coronavirus (COVID-19) outbreak
- Coronavirus (COVID-19)—Children's social care
- Cafcass updates its guidance amid coronavirus (COVID-19)
- Coronavirus (COVID-19)—temporary relaxations to Childcare National Minimum Standards
- Coronavirus (COVID-19)—Social care
- Family care and the lockdown regulations—an important (but nuanced) Court of Protection decision (NG (by his litigation friend, the Official Solicitor) v A local authority)
- DHSC announces £269m fund for social care sector amid coronavirus (COVID-19)
- CQC issues update on regulatory approach amid coronavirus (COVID-19)
- Coronavirus (COVID-19)—Social housing
- NAO investigates the housing rough sleepers during coronavirus (COVID–19)
- Brexit
- State aid—post-Brexit transition guidance from the European Commission
- Update to NHS overseas visitors charging regulations—post-Brexit transition guidance from the DHSC
- EDPB issues updated information following end of Brexit transition period
- Electronic Commerce Directive (Education, Adoption and Children) (Amendment etc) Regulations 2021, SI 2021/Draft
- Governance
- Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)
- Database right infringement must adversely affect the owner’s substantial investment (CV-Online Latvia)
- Joint authorship in copyright—the importance of evidence (the retrial of Martin v Kogan)
- Reforms must continue after pandemic, UK courts chief says
- Civil Justice Council’s review of the pre-action protocols
- Court of Appeal held a PSPO should not be used to combat the specific problem of street cruising which is a classic class to grant an injunction—Sharif v Birmingham City Council
- EHRC announces new agreement with Network Rail
- Grenfell Tower site update published
- TCPA publishes strategy for 2021–2025
- Welsh Government delays action to tackle avoidance of empty rates relief
- Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2021, SI 2021/34
- Charities (Exception from Registration) (Amendment) Regulations 2021, SI 2021/55
- Criminal Procedure (Amendment) Rules 2021, SI 2021/40
- Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2021, SI 2021/Draft
- Judicial review
- An object lesson in how not to respond to judicial review (R (on the application of Nur) v Birmingham City Council)
- Court finds the costs that the respondent was ordered to pay were capped and inclusive of VAT—R (on the application of Friends of the Earth Ltd) v Secretary of State for Transport
- House of Lords provides update on examination of judicial review
- Education
- DfE extends deadline for second consultation on reforming post-16 qualifications
- DfE extends deadline for submitting views to post-16 study consultation
- DfE updates guidance for safeguarding children in education
- Children's social care
- Despite draconian nature of placement order, Family Division held to break natural family ties in favour of adoption to bring G love, security and stability—Re G
- Department for Education announces review of outcomes of children in social care
- Ofsted announces consultation to discuss changes to publication of statistics
- Work and Pensions Committee launches inquiry in UK child poverty
- Social care
- Court rules those who lack capacity must be allowed to take risks and test out their own capabilities to a proportionate degree—A local authority v KK and others
- Court of Appeal publishes its reasons for refusing permission to appeal in the case of RS—Z v University Hospitals Plymouth NHS Trust (No 2)
- Council to pay a mother £8,250 for failing to protect family from disabled son
- LGSCO finds homeless family were failed by council
- CQC finds increased use of restraints at child and adolescent mental health wards
- Business Minister calls on employers to spot early signs of domestic abuse
- Tax Credits Reviews and Appeals (Amendment) Order 2021, SI 2021/44
- Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2021, SI 2021/Draft
- Healthcare
- Court held Panel erred in concluding respondent had not acted in harassing manner and remitted the question of sanction for redetermination—Professional Standard Authority for Health and Social Care v Health and Care Professions Council and another
- CQC calls for better waiting times and practices at NHS Trust
- DHSC announces funding to make NHS shift scheduling digital
- Lords' Science Committee finds concerted government effort could improve health in old age
- ENISA publishes report on cloud use and security within healthcare sector
- HCPC launches consultation to discuss amendments to Health and Character guidance
- Social housing
- A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)
- MHCLG announces new building safety standards regulator
- LGSCO reminds councils to deviate from housing criteria in exceptional situations
- Right to Regenerate—consultation announced into reform of Right to Contest
- MHCLG publishes 2020 Housing Delivery Test measurement
- Highways
- Court held the LA failed to comply with legal requirements before making experimental traffic order—Tomkins v City of London Corp
- Planning
- Court of Appeal confirms that relevant local plan policy can prevent application of tilted balance in NPPF (Paul Newman Homes v SSHCLG)
- MHCLG urges councils to keep their local plans up-to-date
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Article summary
This week's edition of Local Government weekly highlights includes the usual legislation, updated guidance and news on coronavirus (COVID-19), including its impact on public procurement, governance, healthcare, education, children’s social care, social care and social housing. COVID-19 related updates include case analyses on the public procurement decision, The Good Law Project v SSHSC challenging the direct award of PPE supply contracts; FCA v Arch Insurance, the Supreme Court landmark test case on business interruption policies application to coronavirus. In other developments we have case analysis on Sutton v Norwich CC on financial penalties for breaches of housing enforcement, R (on the application of Nur) v Birmingham CC, R (Day) v Shropshire Council and Paul Newman Homes v SSHCLG. The weekly highlights also includes further Brexit, judicial review, governance, education, children’s social care, social care, healthcare, social housing, highways and planning updates.
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