Local Authority round-up 17/09/18

Brexit

House of Commons explore the potential effects of a ‘no-deal’ Brexit

With seven months until the UK officially leaves the European Union, the House of Commons have published a briefing paper looking at the possible effects of a failure to conclude or adopt a Withdrawal Agreement between the UK and the EU. The briefing focuses on a handful of important areas such as free movement, food supply and agriculture and security. Due to the many unknowns and variables surrounding Brexit, the scenarios outlined are based on contexts and policy areas in which it is easier to estimate the practical consequences and costs than in others.

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Committee launches inquiry into the future of UK trade policy

The House of Commons International Trade Committee has launched an inquiry to investigate the impact which future arrangements between the UK and EU could have on wider UK trade policy. The committee seeks written submissions on 5 questions, such as how the different UK-EU customs regimes would affect wider UK trade policy, how the UK-EU arrangements for pertaining to the regulation of goods would affect wider UK trade policy and what the implications would be of different UK-EU trade arrangements for UK customs and other border procedures for non-EU goods. The committee seeks submissions by 7 December 2018.

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Policy paper re-considers economic policy for post-Brexit Britain

The IPPR Commission on Economic Justice has published a policy paper presenting a 10-part plan for economic reform to achieve prosperity and justice for post-Brexit Britain. Established in Autumn 2016, the aim of the Commission was to examine the challenges facing the UK economy and to recommend proposals for reform. The plan is therefore the product of a two-year enquiry into the UK economy and sets out a wide-ranging plan for economic reform and argues that in light of the economy not working for millions of people, there should be a new vision of the economy and a rebalancing of economic power.

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Trades Union Congress (TUC) leader demands “popular vote”

The TUC’s leader Frances O’Grady has made clear that if Theresa May fails to secure a deal to protect jobs and workers’ rights, the organisation will demand a “popular vote.” Mrs O’Grady confirmed that in the circumstances of a no-deal, to support British workers: “the TUC will be throwing our full weight behind the campaign for a popular vote so that people get a say on whether that deal is good enough.” This now means the three biggest unions – Unison, GMB and Unite have all indicated their willingness to support a second vote on Brexit in the absence of a general election.

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Commercial

Figures reveal growth in demand for Northern Powerhouse goods

Official figures released on 6 September 2018 confirm that the demand for goods made in the Northern Powerhouse has grown by 3.5% over the last year, and 16.1% since 2010. Machinery, transport, chemicals and manufactured goods are the biggest exports from the Northern Powerhouse, worth a combined total of £11.2 billion. Steady year on year and quarter on quarter growth in exports from the Northern Powerhouse shows the strength of the northern economy as the United Kingdom prepares to leave the European Union next March.

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Restoration project delivers natural flood management scheme

A programme of peatland restoration has begun a £2.1 million natural flood management project in the North East to deliver natural features across a 100km2 area, reduce the risk of flooding to 141 properties and create a haven for wildlife to thrive. Alistair Lockett, Field Officer at the North Pennines AONB Partnership, said: “the project will make a big difference to the valley, by improving carbon storage and mitigating flood downstream. We’re also pleased that we have been able to support local contractors within the North Pennines.”

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Government investment to support disadvantaged children

The Minister for Civil Society, Tracey Couch, has announced a new £5 million fund which will increase places in uniformed youth groups, to reach vulnerable people and allow for expansion in deprived areas. The fund will help organisations open new groups in deprived areas across England and create an estimated 5,500 spaces in groups such as Police Cadets, Scouts, Guides and faith-based organisations to help reduce waiting lists for these in-demand local clubs. In addition, the fund will lay the foundations for groups to continue to expand and tackle waiting lists beyond the current financial year.

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Which councils are under financial strain?

Recent statistics published by the Local Government Association and the Local Government Information Unit reveal that 95% of councils planned to increase council tax this financial year and two thirds have dipped into their reserves. In addition, by 2020, councils will have faced a reduction of core funding since 2010 of nearly £16 billion which equates to a loss of 60p in every £1. In particular, councils located in Northamptonshire, Somerset, East Sussex, Birmingham, Lancashire, Suffolk, Surrey, Torbay, West Sussex, Hartlepool and Oxfordshire are thought to be experiencing this financial strain.

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Regulatory

Government department publishes updated Data Protection toolkit for schools

The Department for Education has published an updated version of its Data Protection toolkit for schools, which is intended to support schools’ compliance with the new data protection regime imposed by the General Data Protection Regulation and the Data Protection Act 2018. Updates to the toolkit include updating the safeguarding, consent, retention, data protection officer and data breaches sections of the toolkit and adding new resources to the document.

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Information Commissioners Office (ICO) issues enforcement notice against council

The ICO has issued an enforcement notice under the Data Protection Act 2018 requiring the London Borough of Lewisham to clear a backlog of subject access requests (SARs) by 15 October this year. The ICO said its move came after the council had failed to meet agreed deadlines. The council’s recovery plan involved eliminating this backlog by 31 July 2018. However, it admitted to the ICO on 25 July that this deadline would not be met. Originally there were 19 outstanding SARs that were due to be received before 25 May 2018.

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Regulator expresses concerns in relation to the drafting of Mental Capacity legislation

The Association of Directors of Adult Social Services has said it has “serious concerns” about how the Mental Capacity (Amendment) Bill, which will replace the Deprivation of Liberty Safeguards, is drafted. In particular, around the expectation that care home managers will be responsible for the assessments that are required to authorise the deprivation of a person’s liberty, when that person lives in a care home. This raises concerns regarding real or perceived conflicts of interest and capacity and capability. The Bill is reaching the committee stage where it will be scrutinised in the House of Lords.

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Planning and housing

Council to challenge decision to allow appeal over home development

South Gloucestershire Council is to challenge a planning inspector’s decision to allow a developer’s appeal and grant planning permission for a 121 home development. The authority said that if permission were granted for the scheme it would “undermine the Joint Spatial Plan process and its impact upon the residents and communities of South Gloucestershire.” Cabinet member for planning Colin Hunt added that Charfield and other locations are “under attack from speculative developers who are seeking to circumvent the plan-led system and community engagement.”

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Joint venture to deliver ‘thousands’ of homes

A project between Places for People and Surrey County Council has initiated a 15-year strategic joint venture in the hope of increasing investment in the country and delivering ‘thousands’ of new homes. The first new homes delivered by the joint venture are expected to be completed in 2019. David Cowans, group Chief Executive at Places for People, commented that: “this is an innovative way of investing land and capital to deliver much needed homes across the country, while also creating a strong investment portfolio for the council and delivering employment opportunities for local businesses and residents.”

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House of Commons debate Tenant Fees Bill

On 6 September 2018 the much-debated Tenant Fees Bill passed through its third reading at the House of Commons, increasing the likelihood that charging tenant’s fees will soon be banned alongside other regulatory changes. The Tenant Fees Bill sets out the abolition of most upfront fees for tenants in England and caps security deposits at the equivalent of six week’s rent. All that now remains is for the Bill to be debated in the House of Lords, after which it will receive Royal Assent and become law.

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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.

Housing Managing Law School – Autumn Term

This will be the twelfth semester in our series of Law Schools and the Autumn term will bring with it a brand new programme, with our experts covering up to the minute topics that you need to know about. The sessions will cover a housing law news round up, GDPR for housing management, the rising cost of disrepair and an ask the experts case surgery and Q&A session.

Wednesday 3rd October 2018 (Newcastle)

Wednesday 17th October 2018 (Manchester)

Wednesday 24th October 2018 (Leeds)

Procurement law update

This session is designed to provide you with a unique opportunity to hear first-hand from leading procurement experts who will share their thoughts on the most topical issues of the moment, as well as reviewing the new regulations one year on from introduction.

Thursday 11th October 2018 (Newcastle)

Thursday 18th October 2018 (Newcastle)

Wednesday 7th November 2018 (Leeds)

Thursday 15th November 2018 (Manchester)

Thursday 22nd November 2018 (London)

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