Local Authority round-up 15/06/19

Brexit

Labour motion to introduce no deal Brexit legislation rejected

Following Labour’s motion for the power to introduce legislation to avoid a no deal Brexit which would stop any future prime minister from pushing through a no-deal Brexit against the wishes of MPs, MPs have rejected the move by 309 vote to 298. Following the defeat shadow Brexit Secretary Sir Keir Starmer said “There will be other procedural mechanisms we can use. We are already looking at what those other opportunities will be.”

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Boris Johnson is not “not aiming for a no-deal outcome”

As Boris Johnson launched his campaign for Tory leadership he said that leaving a no deal Brexit on the table was a “vital tool of negotiation” and said that it was “right for our great country to prepare” for a no-deal outcome” as any further delay to Brexit would “further alienate not just our natural supporters but anyone who believes that politicians should deliver on their promises.”

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French minister advises EU will not reopen Brexit withdrawal agreement

On a recent visit to London, France’s state secretary for European affairs, Amélie de Montchalin, confirmed that the EU will not reopen the Brexit withdrawal agreement and that Britain must be prepared to leave the EU on 31 October with or without a deal. She said “We consider it is up to Britain to decide how it wants to proceed. The exit agreement was not negotiated against the British; negotiators on both sides tried, painstakingly, to find the best solution for all concerned.” She further noted that the only way France would be prepared to grant an extension would be if there was a “profound change” in Britain’s current political stance on Brexit.

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Scottish First Minister confirms Scotland rejects Brexit

Nicola Sturgeon will be delivering a speech on European policy which will restate her Government’s backing for continued EU membership. Ahead of her speech she said the people in Scotland had “shown that they comprehensively reject Brexit and want to remain as a European nation.” She further added that “Membership of the EU not only has huge economic benefits for Scotland, but is the basis of the core values we share around democracy, equality, co-operation and human rights.”

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Commercial

Government invests £142 million in infrastructure

Housing Minister, Kit Malthouse MP, has confirmed that the Government will be investing £142 million to build communities which will include widening bridges, building roads and connecting utilities so up to 8,500 properties can be built. The investment will be split to provide £95 million in Woking and £47 million in Truro to deliver thousands of extra properties which forms part of the Government’s drive to hit 300,000 new homes a year target by the mid 20-20s under the £5.5 billion Housing Infrastructure Fund which provides funding to authorities after a competitive funding allocation process.

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£45 million York Flood Alleviation Scheme gets underway

The Environment Agency’s York Flood Alleviation Scheme (the Scheme), in partnership with City of York Council, has now begun to raise and improve flood defences in the city to better protect 2.000 properties by 2021. The Environment Agency will also continue to work with the council. Cllr Andrew Waller, Executive Member for Economy and Strategic Planning, said “City of York Council is working closely with the Environment Agency on these schemes. Protecting people’s homes and businesses is an absolute priority so we can defend the city in the future.”

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Joint ministerial appointment for Northern Powerhouse

The Government has announced that Jake Berry MP will become a joint minister between the Ministry of Housing and the Department for Business, Energy and Industrial Strategy. The Northern Powerhouse was launched in 2014 as part of the Government’s vision of a more prosperous north with good-paying jobs for hard-working people, better roads and railways, higher-performing schools and world-beating universities. A refreshed Northern Powerhouse Strategy is due to be published later this year. Jake Berry MP said “We’re investing more into transport in the north than any other Government in history, and with nearly 50% of the north represented by Metro Mayors, a Northern Powerhouse economy worth over £339 billion, and now, with an expanded, cross-Governmental ministerial position, that partnership is stronger than ever.”

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Regulatory

Review confirms councils will continue to commission pubic health services

Following a review conducted by the Department of Health and Social Care, Health and Social Care Secretary Matt Hancock confirmed that councils continue to commission public health services and recommended that they work jointly with the NHS to co-commission services. Duncan Selbie, Chief Executive of Public Health England, said “This review recognises that local government are best placed to lead on commissioning local public health services and the invaluable skill and expertise they bring to this.”

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Council agrees to pay £3,800 for distress caused to woman after care package was reduced

Following an investigation, Local Government and Social Care Ombudsman has found Bolton Metropolitan Borough Council significantly reduced a disabled woman’s care package without properly assessing her needs. They also took too long to produce the assessment and did not handle her complaint well as they failed to make reasonable adjustments for her disabilities so she could make the complaint. The council have agreed to pay the woman £3,800 for distress, time and trouble cause as well as issuing an apology.

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Ombudsman finds council at fault over vulnerable people assessment

An investigation by the Local Government and Social Care Ombudsman (Ombudsman) into Suffolk County Council’s assessment of vulnerable people has been found to be flawed. A couple who were deafblind wanted their support worker to attend care package review meetings but the council said it was not appropriate. The Ombudsman found that the council were at fault for excluding the support worker and for saying it could not complete the plans whilst there was an ongoing complaint and recommended the council apologise to the couple and the support worker and pay the couple £500 for distress caused and the support worker £250 for the trouble caused in pursuing the complaint.

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Supreme Court reviews safeguarding and other negligence based claims against public authorities

The case of Poole Borough Council v GN and another [2019] UKSC 25 was seen as a long awaited attempt to clarify the extent to which public authorities could be found to have a duty of care towards those (in this case children) whom they come into contact with in exercising their functions, for example, under child welfare legislation.

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Planning and housing

Pledge to end stigma for tenants on benefits

Metro Bank has announced changes to mortgage rules which could potentially end discriminatory practices for tenants who receive benefits following the Government making it clear that ‘No DSS’ has no place in a modern housing market and their aim is to introduce a blanket ban on this practice. Following a meeting between the Minister for Housing and Homelessness Heather Wheeler MP, leading industry bodies and companies to work on a solution, Heather Wheeler MP said “Regardless of financial circumstances, everyone should have the same opportunity when looking for a home and I have been determined to end the discrimination those on benefits face.”

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CMA investigates leasehold market

The Competition Markets Authority (CMA) has launched an investigation into the leasehold market which will consider whether people who have bought a leasehold property were given information to fully understand their obligations. For example; payment of ground rent, whether they understood their ability to buy the freehold and whether they are having to pay excessive fees, such as administration and service charges. As part of the investigation the CMA is asking for views from homeowners and also requesting information from companies to understand how leaseholds are sold and managed and the terms of the contracts.

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Government issues guidance to councils in the event of no-deal Brexit

The Government has provided information for local housing authorities on the rights of EEA nationals in the UK to access social housing. This includes the rights of EEA nationals and their families living in the UK before the UK leaves the EU to access social housing and homelessness assistance and the rights of those arriving in the UK after the UK leaves the EU to access social housing and homelessness assistance. The Ministry of Housing, Communities and Local Government has issued a letter to councils advising them of the changes in legislation under The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (EU Exit) Regulations 2019 (SI 2019/861).

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