Local Authority round-up – 28/08/18

Brexit

Government publishes ‘no-deal’ Brexit advice

The UK Government has published the first in its series of 25 technical notices which set out information to allow businesses and citizens to understand what they would need to do in a ‘no-deal’ scenario, so they can make informed plans and preparations. The first technical notice sets out the following: (1) the progress of Brexit negotiations (2) what the Government mean by a ‘no-deal scenario’ (3) plans that are already in place (4) the UK’s approach to Brexit (5) the EU’s approach to Brexit and (6) a timetable and conclusion. It also confirms that more technical notices will be published in September 2018 to set out further details of how this scenario will work.

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UK and EU move to ‘continuous’ Brexit talks

In a statement to the European Commission, the EU chief negotiator Michel Barnier has confirmed that the UK and EU will now negotiate “continuously” in pursuit of a Brexit withdrawal deal and that the negotiations were entering their “final stage.” However, the Secretary of State for Exiting the European Union, Dominic Raab, agreed with Mr Barnier in that there were “still some significant issues to overcome” and that it was important to view the withdrawal deal and the future framework, which will be outlined in a political declaration alongside the deal, “as a package.”

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People’s Vote campaign receives £1 million donation

The multi-millionaire co-founder of Superdry fashion label, Julian Dunkerton, has given a £1 million boost to the People’s Vote campaign, a cross-party group including some MPs, who are campaigning for a public vote on the final Brexit deal. Mr Dunkerton’s donation, which is the largest received by the People’s Vote campaign, will fund detailed polling which organisers hope will strengthen their campaign for a second referendum on the terms of the UK’s departure from the EU. The former UKIP Leader, Nigel Farage, commented that he doubted another public vote would reverse the referendum result.

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Report urges the Government to extend freedom of movement post Brexit

A report published by the think tank, Centre for Cities, highlights that 70% of migrants in England and Wales choose to live in cities, bringing significant economic benefits. Moreover, cities in the Greater South East, including some of the UK’s most productive places, are particularly reliant on EU migrants. The report calls for the Government to extend freedom of movement for two years after March 2019 in the event of a ‘no-deal’ scenario which will ensure that cities can continue to attract the workers they need to prosper, especially in highly productive places which are integral to the success of the national economy.

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Commercial

Funding allows new discovery programme to assist the adult social care provider sector

The Local Government Association (LGA), Care Provider Alliance and Department of Health and Social Care are working collaboratively with the Institute of Public Care at Oxford Brookes University to understand the level of risk for adult social care providers in managing the business risk associated with data and cyber security. To support this collaboration, the National Cyber Security Programme has awarded funding to undertake a discovery programme into the topic which will commission a one-year programme to conduct on-site research and provide support to a range of adult social care providers in three local authority areas.

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Secretary launches £200 million pilot to boost social home ownership

Communities Secretary James Brokenshire has announced that the government will provide £200 million for the Voluntary Right to Buy pilot, with places allocated via a ballot to ensure fairness for applicants. The ballot will close on 16 September, with the pilot running until spring 2020 giving successful candidates adequate time to complete the purchase. The funding follows measures announced last week to rebalance the relationship between landlords and residents and is the latest step by the Government to make improve the housing market, with opportunities to realise the dream of home ownership, whether in the private or social sectors.

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Councils call for funding boost after £2 billion budget surplus announcement

Figures published by the Office for National Statistics show the Government logged a £2 billion surplus last month, the largest July surplus since 2010. At the same time, public sector net borrowing between April to July 2018 also fell to its lowest since 2002. In responding to the statistics, Richard Watts, chair of the LGA’s Resources Board said: “Councils have shouldered more than their fair share of austerity and have tried to reduce the impact on residents, but there is only so much they can do and the financial challenges they face are growing.”

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Councils invest record amounts in shopping centres

Figures released from the retail bank BNP Paribas, reveal that UK councils have spent £324.6 million on shopping centres in the first half of this year alone – more than the previous highest annual figure for the whole of 2016. The Chartered Institute of Public Finance and Accountancy have said it could result in gaining extra business rates and creating jobs, but councils must have the commercial skills to “evaluate, communicate and manage the risk.” In the case of North Somerset Council a deal was branded “putting public money at risk” but the council sees the deal as an opportunity to regenerate the city centre as well as creating income of around £1 million a year to offset the impact of cuts in government funding.

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Regulatory

Regulator offers surveillance guidance to councils

The Information Commissioner’s Office (ICO) has published a blog which clarifies the position in relation to CCTV cameras in licensed taxis which are installed as a method of combatting crime and protecting vulnerable passengers. The ICO has discovered that many of these CCTV systems are activated whenever a vehicle is running. With this in mind, the ICO has advised that councils consider the following: (1) Whether a CCTV system would be necessary, justified and an effective solution (2) Conduct a Data Protection Impact Assessment (2) Read the ICO’s Code of Practice for Surveillance Cameras and personal information.

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LGA responds to report on e-cigarettes

A report published by the Science and Technology Committee concludes that e-cigarettes should not be treated in the same way as conventional cigarettes. In particular, there should be a shift to a more risk-proportionate regulatory environment, where regulations, advertising rules and tax duties reflect the evidence of the relative harms of the various e-cigarette and tobacco products available. Councils are responsible for a range of different innovative programmes to help people stop smoking, however, a LGA spokesperson has said: “Central government reductions to the public health budget which is used to fund stop smoking cessation services is making this difficult and will only increase acute pressures for NHS services further down the line.”

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Case clarifies the duty a local authority owes towards a homeless person

The Court of Appeal has dismissed an appeal by a council in which it sought to withdraw a concluded decision as to what duty was owed to a homeless person. Such a decision could only be withdrawn in cases of fraud or fundamental mistake of fact, neither of which were present in this case.  Overall, it was concluded that once a local housing authority have reached a conclusion as to what, if any, duty is owed to an applicant under Part 7, Housing Act 1996, they may only re-open that decision where there has been fraud or deception.

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Figures outline critical need to urgently tackle the childhood obesity crisis

Statistics sourced from the Royal College of Paediatrics and Child Health’s National Paediatric Diabetes Audit 2016/17, have revealed that there has been a 40 percent increase in Type 2 diabetes in children in just four years to more than 700 cases. However, as the figures only relate to those treated in paediatric practice, and not for example, primary care, the actual number of young people with Type 2 Diabetes is likely to be even higher. In responding to the statistics, Izzi Seccombe, Chairman of the LGA’s Community Wellbeing Board said: “these figures are a sad indictment of how we have collectively failed as a society to tackle childhood obesity, one of the biggest challenges we face.”

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Planning and Housing

Court gives guidance on re-determining quashed planning appeal decisions

The Administrative Court has given guidance on the Planning Inspectorate’s (PI) discretion in deciding whether to reopen an inquiry following a quashed planning appeal decision. According to the Procedural Guide for planning appeals, if the appeal was previously dealt with by an inquiry then it would normally be re-opened and if it was not, then the PI would need to explain why. However, in coming to that decision, the PI had a broad discretion. It will also be relevant that the previous inquiry process had led to evidence being produced and the issues being honed, which may be a reason not to re-open the inquiry and instead deal with matters by written exchange.

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Statistics reveal high utilisation of Help to Buy Scheme

According to figures released by the HM Treasury, more than 420,000 people have now used the Government’s ‘Help to Buy’ schemes. First-time buyers continue to open new Help to Buy ISA accounts, with more than 1.2 million accounts now opened, offering government bonuses of up to £3,000 on top of their savings. The statistics also reveal that more than 365,400 first-time buyer households are now on the housing ‘ladder’ thanks to ‘Help to Buy’ and that the North West is the region with the highest number of ‘Help to Buy’ completions which is more than 20,000 than in the last quarter.

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High Court considers the term “useful purpose”

The High Court has upheld a judicial review challenge and quashed the decision of a planning inspector. The issue was whether the expression “useful purpose” should be read as “useful planning purpose”. Mr Justice Graham considered that there was no express limitation of the term “useful purpose” to planning purposes. In his judgement the sole test for section 106A of the Town and Country Planning Act 1990 was the words of the statute. He concluded that in deciding whether to modify a planning obligation, “a useful purpose” does not have to be a useful planning purpose.

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