Local Authority round-up – 29/10/18

Brexit

Prime Minister says 95% of the Withdrawal Agreement is complete

On 22 October 2018 Theresa May gave a statement to the House of Commons following the European Council meeting of 17-18 October 2018. In relation to Brexit, Mrs May stated that 95% of the Withdrawal Agreement and its protocols are complete. This includes (1) an agreement on the broad scope of provisions that set out the governance and dispute resolution arrangements (2) broad agreement on the structure and scope of the future UK-EU relationship, with progress made on issues including security, transport and services. However, Mrs May confirmed that there is “one real sticking point left, but a considerable one” which is the Irish border issue.

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Government publishes ‘partnership pack’

The Government has published a ‘partnership pack’ providing a high-level guide to customs processes and procedures that are likely to apply in a ‘no-deal’ scenario. The pack explains how trade, processes and regulations at the UK border will change after 29 March 2019 and what traders and other businesses operating at the UK border will need to do from this date. Over time, the pack will evolve to cover a wider range of topics such as agrifood regulations, road haulage licensing as well as other regulations and standards, such as licensing, trading standards, chemicals and waste.

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Financial Reporting Council (FRC) says firms ‘must be clearer’ about Brexit risks

In an open letter to businesses, contained in the ‘topical areas of reporting – Brexit exiting the EU’ section, the FRC has warned that companies need to differentiate between specific and general Brexit threats to protect investors. In particular, the FRC advised that companies need to clearly identify the threats to shareholders such as the changes to import and export taxes associated with the UK exiting the EU and potential delays to supply chains. It also called on the management teams of firms to describe actions being taken “to manage the potential impact” of Brexit.

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Government responds to House of Commons (HOC) scrutiny report

The HOC Exiting the European Union Committee has published the Government’s response to the Committee’s report on ‘Parliamentary scrutiny and approval of the Withdrawal Agreement and negotiations on a future relationship.’ In its response, the Government repeated that the vote “will be a simple choice: whether to accept or reject the deal” as there will be no alternative option. It also expressed confidence “that we will achieve a good deal that Parliament will want to support” and noting the time constraints faced by Government and Parliament are relevant to any suggestion that the vote on the final deal can be used as an opportunity to ask the Government to renegotiate terms.

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Commercial

Local Government Association (LGA) survey reveals risk to nursery schools

A survey released by the LGA on 24 October 2018 indicates that thousands of children with special needs could miss out on vital daily care and support unless the Government continues to provide extra funding for maintained nursery schools. The Government has provided £55 million each year in supplementary funding for maintained nurseries since a new funding formula was introduced in 2017. However, this funding is set to end after 2019/20. Nearly two thirds of councils responded to the survey and 61% fear maintained nursery schools in their area will close if this funding is not protected.

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Annual People’s Powerhouse convention to be hosted next month

The People’s Powerhouse are set to host their annual conference on 20 November this year at the Northern Commercials Stadium, home to Bradford City FC.  Now in its second year, the People’s Powerhouse has evolved to describe itself as a movement, one which exists to shape the debate around the Northern Powerhouse, to ensure that people and communities are at the heart of the plans rather than the periphery. Confirmed speakers for the event include Edna Robinson, chair of the People’s Powerhouse, the Trafford Housing Trust, Susan Hinchcliffe, leader of Bradford Council and the chair of West Yorkshire Combined Authority.

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Report reveals required amount to rectify impact of cuts to public health services

A new briefing paper published by the Health Foundation shows that councils have seen a £700 million reduction in public health funding between 2014/15 and 2019/20. The grant enables councils to deliver vital public health services, such as obesity programmes, drug and alcohol services and sexual health services. The Health Foundation recommends the Government should reverse the real terms cut and allow additional investment in the most deprived areas by providing an additional £1.3 billion in 2019/20.  The remaining £1.9 billion a year should then be allocated in phased budget increases over the following four years, with further adjustments for inflation.

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Regulatory

High Court holds that school governors owe fiduciary duty to councils

The High Court has held that a head teacher and members of a school’s governing body owed and breached a fiduciary duty to a council in respect of spending a school’s delegated budget under the School Standards Framework Act 1998. The school’s former head teacher and two school governors were responsible for authorising “bonus” payments from the school’s delegated budget to teaching and non-teaching staff, totalling £2.7 million over a six year period.  The court also considered claims against various defendants for unlawful means conspiracy, misfeasance in public office, which it partly upheld against the governors, and knowing receipt.

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Environment Secretary launches plan to ban plastic straws, cotton-buds and stirrers

The Government has set out its plan to ban the distribution and sale of plastic straws, drink stirrers and cotton buds to protect our rivers and seas. The announcement follows the success of the Government’s world-leading ban on microbeads and 5p charge on single-use plastic bags, which has seen distribution by major supermarkets drop by 86%. The ban would come into force at some point between October 2019/20, subject to the views collected during consultation.

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Government to strengthen rules disqualifying offenders from serving on councils

The Government is to strengthen rules preventing people found guilty of serious crimes from serving on councils. Local Government Minister Rishi Sunak announced on 18 October 2018. Mrs Sunak said the new rules would mean any person who is subject to an Anti-Social Behaviour Injunction, a Criminal Behaviour Order, a Sexual Risk Order or who is on the Sex Offenders’ Register, would no longer be able to stand for elected office in their community. Such changes will require amendments to the Local Government Act 1972, the Local Democracy, Economic Development and Construction Act 2009, and the Greater London Authority Act 2009.

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Planning and housing

Commission publishes housing guidance for councils

The Equality and Human Rights Commission has published guidance aimed at councils which details their responsibilities towards disabled people in relation to housing. The various pieces of guidance include toolkits for councils in England and Wales that are intended to support them to: consider housing for disabled people in their strategies and plans and ensure that disabled people are involved in a meaningful way; share best practice with each other and scrutinise their housing policies and practices.

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Planning appeal dismissed despite breach of planning control

A planning inspector had properly considered the impact on openness in refusing an appeal against an enforcement notice where an individual had been using green belt land as an airport car park, in breach of planning control. The planning inspector had assessed the impact of future permitted uses against the land’s use as a car park, and in the absence of evidence that permitted uses would clutter the land, had been entitled to conclude that the impact of using land as a car park would be greater.

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Government concludes consultation on park homes legislation

Last year the Government carried out a two part review of the Mobile Homes Act 2013. The review concludes that the measures introduced by the Act have been effective in improving the sector and that changes to the contractual terms meant significant realignment of negotiating power between residents and site owners. However, some of the processes and procedures could be streamlined further, accordingly, the Government has set out proposals to strengthen the existing legislation to improve residents’ rights and give local authorities more enforcement powers to tackle rogue site owners.

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Report identifies ‘deep flaws’ in planning system driving car-dependency

A report published by Transport for New Homes, an organisation dedicated to bringing transport and planning together, has concluded that residents are being forced into “car-dependency” because the planning system is not ensuring new developments can be accessed using alternative forms of transport. The report shows that transport infrastructure investment is dominated by added road capacity while bus infrastructure is rarely given sufficient funding. The report also found that barely any new stations are being built to serve new housing and that there are inadequate pedestrian and cycle links to and from the new houses.

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Upcoming seminars

As you may well know we run a programme of seminars on a wide range of topics. Listed below are those seminars coming up which we feel may be of interest to you. Please click on the links for further information and to book your place. You can see our full programme of upcoming events by clicking here.

Public Sector property update

Join us at our free breakfast briefing on Thursday 22nd November, where Ward Hadaway’s legal experts will consider the latest changes affecting property, land and estates in the public sector.

Thursday 22nd November (Newcastle)

If you have any questions about the issues raised in this update, please do not hesitate to get in touch.