Local Authority round-up 18/09/20

Brexit

UK Internal Market Bill reaches House of Commons Committee stage

On 14 September 2020, the United Kingdom Internal Market Bill (Bill) had its second reading in the House of Commons, and has now entered the House of Commons Committee stage. The House voted in favour of the second reading by 340 votes to 263. The Committee stage is scheduled for Tuesday 15, Wednesday 16, Monday 21 and Tuesday 22 September 2020.  The Bill seeks to prevent the emergence of regulatory divergence and barriers to trade within the UK domestic market when the powers to regulate trade between the four UK home nations that are currently exercised at an EU level flow back to the UK government and the devolved administrations on 1 January 2021.

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European Commission warns UK over breaking withdrawal agreement

On 10 September 2020, the European Commission issued a statement calling on the UK government to withdraw parts of its Internal Market Bill that would breach the Protocol on Ireland/Northern Ireland (Protocol) in the EU-UK withdrawal agreement “in the shortest time possible and in any case by the end of the month.”  The Protocol includes provisions, particularly on state aid, that will continue to restrict how the UK and the EU can regulate trade in Northern Ireland after the end of the transition period.  Following the publication of the draft Bill, Commission Vice-President Maroš Šefčovič called for an extraordinary meeting of the joint UK-EU committee, which was held on 10 September 2020. Following the meeting, the Commission issued a statement saying that if the Bill were to be adopted as proposed, it would be in clear breach of the Protocol’s substantive provisions on customs legislation and state aid and would also violate the good faith obligation in Article 5.  It called on the UK to withdraw these measures from the draft Bill and stating that, by putting forward this Bill, the UK has seriously damaged trust between the EU and the UK and put at risk the ongoing future relationship negotiations.  The EU reminded the UK government that the withdrawal agreement contains a number of mechanisms and legal remedies to address violations, “which the European Union will not be shy in using.”

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Commercial

Funding for councils to help vulnerable people housed during the pandemic

Housing Secretary Rt Hon Robert Jenrick has announced today that 274 local councils will share £91.5 million of government funding under the Next Steps Accommodation Programme to ensure interim accommodation and support for the most vulnerable people who were housed during the coronavirus pandemic.  The funding will also be used to help people into the private rented sector, secure interim accommodation such as supported housing, and assess the wider support these people need.  A further £13.5 million fund will be used to enable councils to tackle new or emerging challenges and applications are now being accepted for a further £161 million fund intended to provide over 3,300 additional supported homes this year for those sleeping rough or currently housed in emergency accommodation.  Chief Executive of St Mungo’s, Steve Douglas said “We welcome the speed with which this funding has been allocated. It will be for both homes and support, and will build on the success of the ‘Everyone In’ initiative, which enabled us, and other homelessness charities and service providers, to help almost 15,000 people sleeping rough or at risk of homelessness to move into emergency accommodation during the pandemic, and to receive the support they needed. This undoubtedly saved lives.”

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Planning and Housing

Temporary increase in the notice period for eviction in Wales to be extended

Housing and Local Government Minister Julie James has announced the temporary increase in notice periods for eviction in Wales (including those announced in July) will be extended to 31 March 2021.  The Welsh Government said notice periods in relation to all tenancies, which had been due to return to their pre-COVID position after 30 September, would now be set at six months.  Julie James said “The coronavirus pandemic is continuing to have a significant impact on daily life and is still posing major challenges for all of us. I have therefore acted to give additional protection to renters by extending the current six month notice periods for eviction, other than the notice periods for possession grounds relating to anti-social behaviour and domestic abuse which will revert to the pre-Covid position.”

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Children’s Commissioner calls for ban on use of unregulated accommodation for under 18s

The Children’s Commissioner’s Office (CCO) has said, following an investigation into vulnerable children in care living in semi-independent accommodation, that the use of unregulated accommodation for under 18s in care should be banned.  Investigations suggest that thousands of children in care are living in independent or semi-independent accommodation including bedsits, hostels and caravans which are not inspected.  The government recently banned the use of unregulated accommodation for under 16s, but the CCO said the ban needs to be extended to all vulnerable children so they are housed in accommodation regulated under the same standards as children’s homes.  Councillor Judith Blake, Chair of the Local Government Association’s Children and Young People Board, said “It is vital that the government urgently takes action to increase the availability of homes for young people with complex or challenging needs and provides funding and support to councils to ensure that they are able to give these young people the safe, nurturing homes they deserve.”

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Regulatory

New regulations for Wales announced

The Welsh Ministers have made the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities) (Wales) Regulations 2020 (SI 2020/984) (Regulations). The Regulations are the latest in a series of regulations made in exercise of powers under Part 2A of the Public Health (Control of Disease) Act 1984, which enables Welsh Ministers to make regulations for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Wales.  The Regulations give councils in Wales powers to control premises, events and public places in their areas, to help control the spread of coronavirus, by issuing directions to close premises and public places and to stop events where that is necessary.  The Regulations also impose a duty on councils to close a public path and land accessible by the public in Wales, where the congregation of people may lead to a high risk of exposure to coronavirus.  They also give councils powers to enforce the restrictions set out in the Regulations and the enforcement actions include powers to issue compliance notices if an enforcement officer has reasonable grounds for suspecting that a person is acting in contravention of a “premises direction” an “event direction” or a “public place direction” issued under regulations 5, 6 and 7 respectively (regulations 15 and 16). Enforcement officers also have a power of entry to facilitate or facilitate the taking of, enforcement action under regulation 16. They may use reasonable force to enter the premises and take any other individuals, equipment and materials onto the premises as the officer considers appropriate. A person who fails to comply with a direction or compliance notice issued under the Regulations commits an offence which is punishable by a fine.  The Regulations expire on 8 January 2021 unless they are revoked before then.

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Council failed to consider human rights of couple it separated

The Local Government and Social Care Ombudsman has found (LGSCO) that Windsor and Maidenhead Council failed to consider the human rights of an older couple and put them at undue risk of harm by separating them after almost 60 years together.  The couple were separated when the wife was discharged to a care home in March 2018 following a hospital admission. The husband, who had also been in hospital, was discharged home with a care package but quickly deteriorated and died in May 2018.  The ombudsman found the separation caused the husband significant and undue distress and contributed to his worsening condition, as he became very low and did not eat or drink properly. The watchdog also said the wife was caused undue risk of harm by the decision and she has also since died.  Ombudsman Michael King said the separation constituted a limitation on the couple’s right to private and family life under Article 8 of the European Convention on Human Rights, but found no evidence that the council had considered whether this was appropriate, or to consider the couple’s rights at all.  Mr King said “This case is a prime example of the council losing sight of the real people behind its busy caseload. It appears there was little regard paid to the couple’s dignity or basic human rights, with terrible consequences for the family.”

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