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PRACTICE NOTES
This Practice Note is a horizon scanner tracking key future developments in the field of Local Government in England and Wales. It provides details of key dates for your diary (including forecasted dates where the actual date is unknown) and relevant commentary in relation to: • Legislation • Key case appeals • Consultations and calls for evidence • Other key developments This horizon scanner provides a selection of upcoming developments relevant to Local Government, curated by the Lexis+® UK Local Government Team. For related developments on: • planning, see: Planning—horizon scanner • public law, see: Public Law—horizon scanner • property, see: Property key future developments tracker—2026 archive • public order and corporate crime, see: Corporate Crime horizon scanner—2026 • data protection and TMT, see: TMT horizon scanner—UK • environment, see: Environment—horizon scanner • employment, see: Employment—horizon scanner This horizon scanner does not cover past developments, such as legislation fully in force or final judgments. For details of past developments in the field of Local Government in England and Wales, see Practice Notes: • Local government reorganisation (LGR)—tracker • Education tracker
PRACTICE NOTES
This new starter guide provides an introduction to Local Government law. It is aimed at trainee solicitors and those who are new to the Local Government sector. It focuses on the key issues that arise when advising on Local Government matters and includes links to other LexisNexis® sources and materials which provide more comprehensive information on the topics covered. Those who are new to the Local Government sector are also likely to find the Overviews in each of the subtopics in the Local Government practice area useful. These Overviews summarise the law relating to a particular right or issue, providing links to relevant content within the subtopic to help navigate the area concerned. For example, see: Structure of local government—overview and Powers and duties—overview. Where something is not covered by this basic guide, use the Topics tab or Topics drop-down menu to browse further practice area content. This Practice Note also contains links to help you make the most of the Local Government materials, including how to sign up for email alerts and contact the LexisAsk
PRACTICE NOTES
What is a Local Listed Building Consent Order? Local Listed Building Consent Orders (LLBCOs) are made by local planning authorities (LPAs) in England and grant listed building consent for works of any description for the alteration or extension (but not demolition) of listed buildings in their area. This means that owners and developers do not need to submit repetitive applications for listed building consent for works covered by an LLBCO. Duration of an LLBCO There is no statutory time limit on the duration of an LLBCO, although Historic England advises that it is good practice for LPAs to set a time limit to ensure that the LLBCO continues to meet appropriate standards and principles for conservation and has regard to the special interest of the building. There is no statutory time limit, although Historic England advises that it is good practice to include a time limit appropriate to local circumstances. Procedure for making an LLBCO The procedures which LPAs must follow when making an LLBCO are set out in the Planning
GLOSSARY
The determining authority/council for a given development project.
GLOSSARY
Established under the Children Act 2004, the objective of the Local Safeguarding Children Board (LSCB) is to coordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in its area, and to ensure the effectiveness of what is done by each such person or body for those purposes.
GLOSSARY
Connection between the customer's premises and the local PSTN (Public Switched Telephone Network) exchange.
GLOSSARY
Sets out the priorities for a local area agreed between central government and a local area (the local authority and Local Strategic Partnership) and other key local partners to improve the quality of life for local people.
GLOSSARY
A computer network that spans a relatively small area. Most LANs are confined to a single building or group of buildings. However, one LAN can be connected to other LANs over any distance via telephone lines and radio waves. A system of LANs connected in this way is called a wide-area network (WAN).
NEWS
Family analysis: This case involved an appeal brought by the defendant local authorities, Surrey County Council and Wolverhampton County Council. It considered the assumption of responsibility by local authorities to protect children. The applicants were HXA and YXA who were children when they suffered sexual or physical abuse by a parent or parent’s partner. They alleged that the local authorities owed a common law duty of care to them, when children, to protect them from that harm. At first instance and on appeal to a High Court judge, the local authorities successfully obtained a decision of the court to strike out the statement of case under the Civil Procedure Rules 1998 (CPR) 3.4(2)(a) as disclosing no arguable cause of action. The Court of Appeal overturned those decisions and held that the claims should not be struck out because it was arguable that there was a duty of care owed as alleged. The Supreme Court held that there was no arguable duty of care owed as alleged and the claims in both cases were correctly struck out at first instance. The Supreme Court therefore restored the decisions at first instance striking out the negligence claims made against the local authorities by the claimants, whose essential complaint was that the councils’ social workers had failed to seek care orders on a timely basis. Yaa Dankwa Ampadu-Sackey, barrister at Lamb Building Chambers, examines the issues.
Q&As
Under Schedule 1 to the Children Act 1989 (ChA 1989), local authorities have the power to make child arrangements order allowances: 15 Local authority contribution to child's maintenance • Where a child lives, or is to live, with a person as the result of a [child arrangements order], a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child. • Subpara (1) does not apply where the person with whom the child lives, or is to live, is a parent of the child or the husband or wife [or civil
NEWS
Local Government analysis: The case clarifies the obligations of local authorities towards foreign national offenders (FNOs) in Home Office Bail Accommodation (HOBA). The case arose from the transfer of the claimant, an FNO, from HOBA in Huddersfield to HOBA in Leeds, prompting a judicial review under the Care Act 2014 (CA 2014) and the Immigration Act 2016 (IA 2016). The court addressed whether local authorities must provide accommodation to meet care and support needs, concluding that HOBA should be considered ‘residual’ and ‘legally irrelevant’ in such assessments. This ruling means local authorities must disregard HOBA when determining their duty to provide accommodation for care and support needs, aligning the treatment of HOBA with asylum support accommodation. The decision has significant implications for local authorities and the Home Office, ensuring vulnerable individuals receive appropriate care. Written by Clive Adams, partner at Birketts LLP.
PRACTICE NOTES
When do local authorities investigate environmental offences? Environmental offences cover a broad range of crimes which affect the surroundings we live in. Local authorities are generally responsible for the investigation, enforcement and prosecution of less serious environmental offences. There is an overlap between the responsibilities of the various enforcement bodies in England and Wales, namely, local authorities, the Environment Agency (EA), Natural England (NE) and Natural Resources Wales (NRW). In Scotland, it is the Scottish Environment Protection agency (SEPA) which investigates environmental crime. For information on the enforcement of environmental offences generally, see Practice Note: Environmental prosecution and enforcement policy. For information on the powers of the EA, see Practice Note: Environment Agency—powers to investigate environmental crime and Environment Agency (EA)—powers of entry. For information on the powers of NE, see Practice Note: Natural England—powers to investigate environmental crime. For information on the powers of NRW, see Practice Note: Natural Resources Wales—powers to investigate environmental crime. For information on the powers of SEPA, see Practice Note: Scottish Environment Protection