NWLC Magazine Summer 2023 CQ12 Edition v2

quarterlyconsortium Issue #12 Summer 2023



Hello and welcome issue #12 to the 12th edition of Consortium Quarterly. In this edition, we have our regular, topical articles and top tips from our Partner firms. We also have our LLG update and the Lexis Nexis Quarterly Updater. In our profile piece this time around we hear from Philip McCourt, recently appointed Legal Director at Partner firm, Bevan Brittan LLP. In news from our Junior Lawyers Group, Amelia Jones, our Trainee Board member, updates us on the next event to be hosted by DAC Beachcroft and tells us what’s coming up next. And you can find out the rest of what’s new with the Consortium on page 5. If you are taking a break over the summer I hope you enjoy a well- earned rest and we look forward to welcoming you back refreshed and energised. And when you are back, don’t forget that your 2023 NWLC Annual Training Event will take place on Tuesday 3rd October at Aintree Racecourse. Bookings are open now. We do hope to see you and your colleagues there. As always, if you have any comments or suggestions about what you’d like to see in future CQ editions or about the Consortium generally, please do get in touch with me at [email protected]. With my best wishes, Anne Greenwood Chair NWLC Management Board pages 1&2

What’s New at NWLC p5 At a Glance p15 In Profile p21 Top legal tips from our four Our section highlighting all the latest Featuring Philip McCourt, Legal partner firms from the consortium Director at Bevan Brittan Protect Duty: Draft p7 Member Conduct p17 Consortium Added Value p23 Standards Legislation Published More on the added value services Conduct in Local Authorities Information for premises and events offered by our partner firms How Can We Accommodate p11 Procurement: New Standard p19 Latest From The p25 Asylum Seekers? Selection Questionnaire Junior Lawyers Group Matthew Collings, discusses the issues In use from 1 June 2023 With our next Junior Lawyers event

contents NWAA Cross Bay p27 The Latest From LLG p31 Walk 2023 With Helen McGrath, Head of Public Raise money for our worthy charity Affairs at LLG Practice Management p29 LexisNexis legal bulletin p33 Update A summary of the latest authoritative Calling all practice managers! legal updates from the public sector pages 3&4

What’s new at NWLC Beryl Heath highlights some of the latest developments at the North West Legal Consortium. NWLC Annual Junior Lawyers FREE Annual NWLC Solicitors Training Event Group Training Framework 2023 - Save 2022/23 The Date! Your next free event is in Your Consortium Manchester on 19th June Our free programme Management Board Your next Annual and all the details can be continues to provide has started work on Training Event will found at page 26. Please relevant, quality training. the reprocurement of take place on Tuesday All training is advertised the NWLC Solicitors 3rd October at Aintree let all your junior lawyer on the website here. Framework. If the Racecourse. We will colleagues know about There’s still time to current framework is publish the draft this group and this event contribute to this year’s not providing what you programme as soon as in particular. Annual Training Survey. or your organisation we can so that you can Use this link to take part. need or it could work see what’s coming up. Don’t forget that there is harder, they need to know Bookings are now open. also an Amazon Voucher now. Are you using the to be won! Framework? Is it meeting your needs? How might it assist you more? Send your thoughts to info@ nwlegalconsortium.com.

what’s new NWLC Annual NWLC NWLC LinkedIn Subscriptions Precedent Bank & Member Vacancies Your subscription levels Have you/your have remained the same colleagues made use of Have you picked us up since 2009 when the the NWLC Precedent on LinkedIn? Take a look Consortium in its current Bank? This service is at www.linkedin.com/ form came into being. available in the secure company/nwlc. As a result of budget area of the website and pressures and to ensure contains free to use Check out the website that the Consortium precedents created by jobs page at www. continues to provide all our Partner firms. Why nwlegalconsortium.com/ the current benefits and not take a look? jobs/ for all the latest more, your Consortium adverts. Management Board will be considering an increase for 2024/25 at the AGM this year. All comments/reactions to this are welcome. pages 5&6

Protect Duty: draft legislation published Ioan Davies from DAC Beachcroft on protective security preparations for premises and events The issue at which this draft legislation is aimed Qualifying public premises are then separated is the lack of mandatory requirements for those into two tiers. Section 3 sets out that standard duty operating premises or events open to the public to premises have a capacity of between 100 and consider terrorist threats and apply proportionate 799 people, and enhanced duty premises have a protective security preparations. capacity of 800 or more. The Draft Bill Qualifying public events with a capacity of 800 or Qualifying public premises will be subject to the more are generally subject to the same requirements requirements in the Bill. Section 2 defines them as as enhanced duty premises. having a minimum public capacity of 100 people; public access and use falling within Schedule 1. This Standard duty requirements include simple, low-cost includes activities such as entertainment, leisure, activities which seek to improve protective security health care and education. Transport premises and preparedness, including already subject to transport security regulations are • undertaking a standard terrorism evaluation at also excluded from scope. Private dwellings and offices are also excluded from the scope. least annually.

Requirements for enhanced duty premises and sanctions for contravening a relevant requirement. qualifying public events include: Qualifying premises and events will need to be • an enhanced terrorism risk assessment, that is registered with the regulator. reviewed at least annually The Bill places key duties on the ‘person responsible’, • terrorism protection training for relevant which can be either an organisation or an individual. The extent of their obligations will depend on workers; and whether the premises are standard or enhanced • appointment of a designated senior officer. duty or a qualifying event. The cost of these requirements for a standard duty The Bill also creates a ‘designated senior officer’ role, premises is estimated to be around £2,000. The cost which must be an individual and – where the ‘person for an enhanced duty premises is estimated to be responsible’ is a business – this must be fulfilled by a over £80,000. director or senior officer. The regulator must be told who this person is. The Regulator and Sanctions The Bill creates a framework of interlocking duties overseen by a regime of regulatory inspections and pages 7&8

The investigatory powers that the regulator will have include the ability to require information and documents to be provided and to enter premises for prescribed purposes. The Bill proposes regulator imposed fixed penalties. The drafting also provides for criminal offences for failing to comply with a restriction and/ or contravention notice, but only in relation to enhanced duty premises and qualifying public events. The Bill proposes individual liability for senior individuals where their organisation commits an offence and does so with their consent, connivance or neglect. Upon conviction for the most serious offences, the Bill allows for a maximum sentence of two years imprisonment. Employer’s perspective A crucial part of compliance is organisational preparedness. In practice, the people measures involved will include introducing training and refresher courses to educate staff on their obligations. The scope of relevant workers is wide – being an individual who works at, or in connection with, the premises or event and who has responsibilities that make terrorism protection training appropriate. Health & social care sector perspective ‘Health care’ covers ”all forms of health care provided to individuals, whether relating to physical or mental health, and including ancillary care”. Any organisation, whether public sector or otherwise will need to consider this along with the public capacity of their premises to consider if the duty will apply. Charity sector perspective Governing bodies will be keen to track the progress of the draft Bill to understand how it will impact their operations, including potential cost implications . The proposed legislation will cover uses including as a library, museum or gallery; for recreation, exercise or leisure by visiting members of the public; as a visitor attraction of cultural, historic, touristic or educational value; and, places of worship. What next? The draft Bill has been published for pre-legislative scrutiny by the Home Affairs Select Committee. It also provides the opportunity for parliament and stakeholders to comment on the proposals.

pages 9 & 10



How can we accommodate Asylum Seekers? Matthew Collings, Principal Associate at Weightmans, discusses the issues. pages 11 & 12

Those reading this will no doubt be aware enforcement action being taken by the LPA, injunction sought by Great that the number of people seeking asylum including, in the most serious of cases though preventing the use of a seaf in the UK who require accommodation has a court injunction. Yarmouth to accommodate increased dramatically in recent years and ([2022] EWHC 3476 (KB)). months. One of the major concerns affecting In recent months, a number of LPAs have local authorities, throughout the country, sought injunctions against accommodation This case can be distinguis and also local communities, is that many providers to stop hotels being used to house decisions on the basis that hotel operators have contracted with the asylum seekers. They argued this constituted local plan included a clear Home Office, often at short notice, to use a material change of use of a hotel to a hostel the seafront because of its i hotel accommodation to house those seeking (which would require planning permission). the town’s tourism econom asylum while longer term options are clearly set out uses that sho explored. The decisions have been interesting and on the seafront, including th provide useful guidance to local authorities hostel accommodation. This has resulted in a number of recent considering taking enforcement action in court decisions as local authorities seek such circumstances. In addition, Mr Justice Holg ways to prevent the ongoing use of hotels to of the impact of an injunctio accommodate asylum seekers through the Firstly, at the end of last year, the High Court accommodated in the hotel operation of the planning system. declined to allow injunctive relief sought by the local planning authority Ipswich Borough Council and the East Riding previously issued an enforc It is well established that planning of Yorkshire ([2022] EWHC 2868 (KB)). Mr prohibiting the use of the b permission is usually required to make a Justice Holgate considered two separate which, importantly, remain “material” change to the use of a building claims to renew ex parte injunctions, held that this supported the or land. The Town and Country Planning obtained without notice, until trial for the serious powers, in this case (Use Classes) Order 1987 (as amended) puts use of two hotels to accommodate asylum uses of land and buildings into various “Use seekers. What these Judgments rem Classes”. Depending on the specifics of any each decision of a local pla proposed, or actual, change of use, including Mr Justice Holgate found that there were must be considered on the any building work associated with the arguments pointing towards and against a aspects of each particular c change, it may require planning permission. change of use to hostel in both instances, have also been clear, consis concluding: “the distinction between a Planning Practice Guidance Put simply, a “material” change of use hotel and hostel … is [a] fine [one]”. However, need to consider (though n typically occurs when the use of a building whether a change of use from hotel to hostel pursue) other planning enf or land is changed between the “use classes”. is “material”, he added, depends on the options prior to issuing an i Hotel use falls into Use Class C1. Planning planning consequences. In both instances, remains a need for each loc permission is also usually needed to change the High Court found that the consequences to “act proportionately” in r to a use not identified in the Use Classes were “very limited” and that the alleged to breaches of planning con Order (“sui generis”). The use of a building as change of use would not alter the buildings; must be balanced against t a “hostel” is one such a “sui generis” use. cause environmental damage; or, impact the duty placed on the Governm character of the area. On this basis, it was accommodation for those s Whether a material change of use has found that the arguments on “materiality” and the increasing demand occurred (and planning permission is had not been made out. of which are relevant to the required) is a fact specific issue for the LPA convenience” test which ne to determine in the first instance, or the The High Court has also refused interim Planning Inspectorate or courts in the case of injunctions sought by Fenland DC; Stoke-on- a dispute. Trent CC; and, North Northamptonshire DC. A failure to obtain planning permission However, contrast these decisions with where it ought to have been obtained is a the decision of the High Court earlier this breach in planning control and may result in year where it was decided to continue an

Yarmouth BC front hotel in Great e asylum seekers shed from previous the Council’s policy to protect importance to my. The local plan ould not permitted he provision of gate took account on on those being l and the fact that y had, in 2006, cement notice building as a hostel, ned in force. It was e use of more e injunctive relief. mind us is that anning authority individual case. The courts stent with e, that there is a not necessarily forcement injunction. There cal authority responding ntrol and this the statutory ment to provide seeking asylum d so to do, all e “balance of eeds to be applied. pages 13 & 14

Subsidy Advice Unit How to limit the likelihood of damp or mould claims< Since its establishment, The issue of mould in properties has come to the fore following the tragic death of Awaab Ishak three years ago. There are many reasons the Competition and why mould forms within a property. From a legal perspective, some Market Authority’s fall within a landlord’s repair obligations, whilst others do not. For Subsidy Advice Unit has landlords, there are some simple, but critical, steps they should take to published a number of limit the likelihood of receiving claims from tenants. Prompt responses reports on assessments and investigations relating to reports of damp and mould are essential. made by public bodies Good record keeping is critical. Finally, where landlords receive a into the legal compliance personal injury claim, or even where there’s a suggestion that a claim of subsidies those bodies were proposing to make. might be brought, local authorities should notify their insurers. These reports may < 02 be helpful sources of reference to other public 01 bodies when assessing subsidies. The reports can be found here. The Modern Slavery Act 2015 < 03 is expected to be strengthened by a new bill to establish minimum standards of transparency in supply chains in relation to modern slavery and human trafficking. This will prohibit companies using supply chains which fail to demonstrate minimum standards of transparency, to prohibit the falsification of slavery and human trafficking statements and to introduce corporate liability and severe punishments for corporates not discharging their duties.

04> A very “Modern” nuisance – a warning to developers It’s not often that a technical real estate case makes it into the mainstream news but this is what happened when the Supreme Court recently handed down its long awaited decision in the case of Fearn and Others v Board of Trustees of the Tate Gallery [2023] The decision found in favour of the claimants, who had objected to visitors to the Tate Modern being able to see directly into their apartments from the viewing terrace, and claimed they were frequently subjected to Tate Modern visitors taking photographs of the apartments and their occupants. This case reminds developers and property owners that, to avoid a potential claim in nuisance, they must consider the full impact of any intended development works on neighbouring properties, particularly when the proposed or intended use of the property may be considered irregular or unexpected. At a Glance In brief: legal tips from our partner firms pages 15 & 16

Member Local authorities in conduct to promote and ma standards conduct by their m member conduct i Clare Hardy, Partner at Geldards, looks at decision making an the important issue of member conduct in local authority. It is Local Authorities. local authorities to adopted comprehe codes of conduct a robust arrangemen allegations of breac events have shown arise when these a operate effectively. Records on the we Government and S show that in recen has considered a n about the way that handled complaint local authority mem role is to consider c maladministration the context of com conduct, the Ombu procedure followed appeal against a m about how to deal investigate the con This is different fro where the Public S Wales has a role in complaints about t authority members In most cases the O concluded that it w to investigate the c authority’s handlin matter and has tak one local authority report from the Om 2022, in which the there were faults in the local authority injustice to the mem of a conduct invest The particular con the Ombudsman w

n England have a duty • The lack of written allegation that the Ombudsman also identified lessons that aintain high standards of member concerned had breached the the local authority could learn from the members. The quality of local authority’s code of conduct. The experience of this complaint. Other local is important to effective Ombudsman recognised that the local authorities may find it helpful to consider nd functioning by a authority might want to have a procedure these and review their own arrangements s therefore important for to address member conduct if it was for dealing with allegations about member o ensure that they have aware of a potential breach even if a conduct. ensive and appropriate formal allegation had not yet been made. and that they have However, the Ombudsman noted that it is The Ombudsman’s recommendations for nts for investigating any clear in the Localism Act 2011 that there lessons to learn were: ch of those codes. Recent must be a written allegation of breach of • The local authority should ensure that n the difficulties that can the code of conduct before an investigation arrangements do not is carried out into the alleged breach. it has written procedure for officers and y. independent investigators who are asked • The details provided to the member when to consider standards complaints. ebsite of the Local he was notified of the investigation into his • Such a procedure should include: Social Care Ombudsman conduct. The Ombudsman found that the • Ensuring that the local authority has nt months the Ombudsman local authority did not provide the member number of complaints with enough information about the alleged a record of complaints being made in t local authorities have breaches of the code of conduct. The writing. ts about the conduct of Ombudsman also concluded that this led • Ensuring that there is a clear written mbers. The Ombudsman’s the local authority to conflate allegations record of consultation with an complaints about against the member concerned with independent person, including the n or service failure. In allegations against another member of the independent person’s response. mplaints about member local authority. • Recording that the written complaint has udsman will consider the been shared with the member who is d but will not provide an • The fact that the local authority did not the subject of the complaint or recording monitoring officers decision have full records of the monitoring officer’s why it has not been shared. with a complaint, nor consultation with the independent person • Ensuring that where an investigation nduct complained about. before the decision was taken to investigate expands to consider further allegations om the position in Wales, the member’s conduct. arising during an investigation, the local Services Ombudsman for authority keeps a clear written record n investigating • The way in which the local authority of that and a record that this has been the conduct of local broadened the scope of the investigation, explained to the member complained s. which left the member unclear about this. about. • Considering in all appropriate cases the Ombudsman has • The local authority’s reaction when the rights of the member complained about would not be appropriate member raised questions about the to freedom of expression. complaint about a local procedure that had been followed. ng of a member conduct An allegation of breach of a local authority ken it no further. However, • The lack of reference to the implications code of conduct can be distressing for those y was the subject of a of the findings against the member in the involved in the process, as well as requiring mbudsman in December context of the member’s right to freedom resources from the local authority in e Ombudsman found that of expression under Article 10 of the ensuring that it is appropriately considered n the process followed by European Convention on Human Rights. and addressed. It would be beneficial for The Ombudsman considered that where all local authorities to ensure that their and that this had cause a local councillor is sanctioned under a arrangements for monitoring member mber who was the subject standards regime for statements that may conduct are kept under regular review. tigation fall within the realm of political comment, the investigation must consciously ncerns identified by consider those factors. were: As a consequence of the findings, the Ombudsman recommended actions that the local authority should take to address the issues in this particular case. The pages 17 & 18

Procurement: new standard selection questionnaire Emily Heard from Bevan Brittan discusses the New Standard Selection Questionnaire to be used from 1 June 2023

The Cabinet Office has published a composite response to Part 3 PPN 03/23 updating the SQ and or whether each entity needs to accompanying statutory guidance. complete a separate Part 3. There Contracting authorities must start is greater clarity and guidance using the new SQ by 1 June 2023. on when authorities may wish to ask for evidence during the What has changed? procurement process of when a The Cabinet Office has updated the supplier meets selection criteria. statutory guidance published with • selection criteria. Guidance PPN 08/2016 to provide greater is provided on how authorities clarity on: decide upon their own selection criteria and scoring system for • the changes contracting assessing whether suppliers meet authorities can make to the the selection criteria. wording of questions. Questions can be rephrased to fit with Amendments have also been made e-procurement system styles to some of the selection questions provided they ask for the same including: information. The questions marked as mandatory for Part 1 • updates to the financial questions and 2 must not be omitted. The and checks; supplier selection questions in Part 3 are for use where relevant • the introduction of questions and proportionate. Where they on health and safety and data are used, they should not be protection; and deviated from but where there are deviations these must be reported • for central government contracts, to domestic-policy-queries@ updated questions aligning with cabinetoffice.gov.uk. recent procurement policy notes, for example on healthy supply • what is meant by “relying on chain management and payment another organisation” to meet systems (PPN 08/21), carbon the selection criteria. This covers reduction (PPN 06/21) and modern a situation where the potential slavery risk (PPN 02/23). supplier is relying on the technical and professional ability and/or the What do you need to do? economic and financial standing The updated SQ and guidance can of another organisation to meet be accessed via this link. the selection criteria in Part 3. This could be another member of Authorities need to begin using the the supplier’s corporate group, a new SQ guidance and questions as subcontractor or a bidding / joint soon as possible and in any event by venture partner. 1 June 2023. • seeking information from What happens next? suppliers and/or groups of The Procurement Bill contains suppliers. Parts 1 and 2 of the changes to the exclusion grounds SQ must be completed by all set out in Part 2 of the SQ and to the organisations forming part of the test contracting authorities will use potential supplier’s bidding group/ to consider these. There are also consortium (or where another new consequences of exclusion from organisation is relied upon as a procurement with the possibility referred to above). The authority of suppliers being placed on the can choose whether to accept debarment list. pages 19 & 20

What is your current role and what does it How do you see your role and the work of involve? your team/firm changing in the next decade? My current role is as a part of the I’ve only been here six months! Local governance grouping within the wider government as we know is forever local authority team at Bevan Brittan. changing, being blessed as it is with I began on 3 October last year, thirty- several pieces of new legislation a year four years to the day from when I and which is why its legal cadre are so joined local government. For NWLC, good at statutory interpretation, but it I have now become the firm’s point also goes around in circles. of contact to allow you to access the knowledge and experience of over What are the biggest challenges facing you? 30 partners focussed on advising local government. On that front, I am For me, it’s still the culture change from always happy to take a call and chat being a corporate director who did not things through. give up being a lawyer, to becoming the lawyer who knows some other stuff too I am tempted to say that my role is to – will I ever be able to fully transition? fill the latest in a long held tradition at BB of employing a late-middle aged How do you relax? local government lawyer who is not shy and tells bad jokes. In reality, that Dog walking is my favourite way to translates as supporting authorities clear the head, which Wirral’s beaches and their monitoring officers in their and Northamptonshire’s woodland roles, by being able to be a useful help with no end. sounding board on their events and challenges for and in providing What’s the one thing about you that would advice on governance and decision- come as a surprise to most people? making issues. Perhaps, that my teenage interests in What’s at the top of your in-tray today? criminality thankfully ceased sufficiently early and left me with a greater interest When it was that time of year when in law and administration. novel ideas come out of the woodwork, a number of calls came through just in time for the budget meeting with its unusual processes and in advance of May’s elections, which leaves many frustrated and where tempers fray - budgets and budget process. Ever present is a series constitution reviews, drafting and knotty issues for a number of authorities.

in profile Philip McCourt Legal Director at Bevan Brittan pages 21 & 22

Bevan Brittan NWLC Legal training do so. The survey will run to survey Monday 19th June. And, as a Have you attended one of thank you, all responses will the NWLC legal training be placed in to a draw, with sessions in the past 12 one lucky person winning a months? Is there a topic that £25 Amazon voucher. the Training Programme is not currently providing? Please do keep a look out for We would like to hear your the email from NWLC with thoughts. the survey link and let us know how we can improve Bevan Brittan have created the training provision the Consortium Annual for you. Training Survey for NWLC and this is currently live. If you haven’t responded yet please find a few minutes to DAC Beachcroft Accessing value added For further information, services please contact Rebecca As you know, your Partner Richter at DAC Beachcroft (rrichter@dacbeachcroft. firms have come together com) to offer NWLC consortium members additional services which add value to members. Here at DAC Beachcroft we have created an easy to read graphic to illustrate what is available and how you can access it. Click here to view ‘The NWLC Partner Added Value Offer 2020 – 2024’.

Geldards partner firms - value added The Public Sector Team In addition, the team continue at Geldards continues to to work closely with the provide a range of valuable NWLC Management Board services for Consortium and Partner Firms in the members as well as working development and publication with the Management Board of the NWLC Consortium on a number of specialist Quarterly and we continue projects to add further value to receive positive feedback to the Consortium. after each edition. For Consortium members The challenge is to keep the publication interesting and services include; varied so we would welcome any suggestions or news you • Briefings and updates feel would be of interest to the • Webinars Consortium members. • Free Initial Consultation • Bespoke Training / Forums • Special Projects / Strategic Support Weightmans We continue to lead on the the Weightmans trainee precedent bank. This can be solicitor representative on accessed via the website and the group has done has you can request any specific been recognised as part precedents which you need of the reason she has been but are not available. We shortlisted for the trainee/ are reviewing the precedent paralegal/apprentice of the service so if you have any year at the Manchester Legal comments on it please let us awards. know. We will be supporting the The Junior Lawyers Group practice management group continues to operate and if people have any ideas successfully with a well for topics for the group to attended second event consider/hold sessions on being held in Manchester please let us know. hosted by Geldards. The work that Lucy Meakin, pages 23 & 24

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The In April 2023, we had our second Junior Amelia nior Lawyers event in Manchester hosted by yers Geldards which focused on Imposter junior lawyers group update oup Syndrome and how to overcome this. This was followed by some networking and food/ drinks. We have had great feedback from you about the event and it was wonderful to see so many familiar faces as well as some new ones from across different local authorities and our partner firms! In particular, the junior lawyers enjoyed the content and delivery of the speaker and how we were encouraged to interact with others on our tables, the fact that the sessions are in person rather than remote and the venue/ location. Some suggestions for future events have included dealing with the pressure of being a trainee and managing work life balance and interview skills/CV tips. In light of this, we are excited to confirm our next Junior Lawyers event is on Monday 19th June at DAC Beachcroft’s office 3 Hardman St, Manchester M3 3HF. We kick off at 2.30pm and have an intriguing session on the O shaped lawyer. The session concludes after time for drinks and networking at 6pm. If you would like to attend, e-mail [email protected]. Further details of the event will be published on the NWLC website and LinkedIn page. We look forward to seeing you soon! pages 25 & 26

North West Air Ambu Cross Bay Walk 2023

ulance 3 The North West Air Ambulance Charity North West Air Ambulance Charity can (NWAA) is getting set to walk across the only continue to bring the hospital to magnificent Morecambe Bay with the the patient thanks to people supporting return of the NWAA Cross Bay Walk for events such as this. The charity provides 2023 on Saturday 15th July starting at enhanced pre-hospital care to the most 4.30pm and you don’t want to miss it! critically ill and injured, and transports patients to the most appropriate hospital Starting in the picturesque village of to achieve the best outcome for them. We Arnside, you will be led across the famous receive no government funding and are not Morecambe Bay by the official King’s part of the NHS. Each year we must raise Guide to the Sands. You’ll navigate the over £12 million and by crossing the bay ever-changing quick sand and channels with NWAA you’ll be helping to keep us of the bay, while taking in the incredible operational. scenery. Our walk will take us approx. 5 – 6 miles through the river Kent to reach our The NWAA team are on hand to support final destination of the charming village and answer any questions you may have of Grange Over Sands. There really is no about this exciting event. To contact the better way to see the magnificent bay. team email [email protected] or call us on 0800 587 4570. To sign-up or This fantastic walk is nestled between the to get more information please visit NWAA’s coast of Lancashire and the Cumbrian hills. website, places are strictly limited so don’t Time and tide wait for no man thanks to miss out and sign-up today! the moon’s gravity which drags away the water every 12hrs and 25minutes to reveal Sat 15th beneath it, the hidden sandy bay that is July 2023. steeped in history. Due to the ever changing landscape and treacherous quick sand, Sign up there’s no turning back once the walk has now! begun. These are just a few reasons why this walk is so exhilarating and unique in equal measure. We guarantee that it’ll be an experience you won’t want to forget! The walk is great for the entire family to get involved with, all whilst supporting NWAA. pages 217 & 1288

Calling all practice managers! Anne Wright, Business Support Manager at Warrington Borough Council, is sending out a call to all practice managers (or anyone with any responsibilities in this area!) At the Consortium we are very much This year Weightmans are supporting the aware that not all staff within our member practice management area and we are organisations are legally qualified but that looking for input as to what you would like they are all essential to the smooth running to see. Over the past few years we have of departments and teams. In addition, had sessions which have included guest many legal managers have responsibilities speakers on compliance regulations, Lexcel, other than their purely legal duties. We have HR issues, management information and therefore made a concerted effort over the a range of other topics. Our sessions have past few years to ensure that we include also enabled networking between those some soft skill and business training at the supporting similar areas of work. Annual Training Event and as part of the Annual Training Programme. If there are any subjects that you would like to see covered or explored, please contact Each year one of the partner firms takes me ([email protected]) or Beryl responsibility for supporting this practice Heath ([email protected]) and management area. Last year we had an we will do our best to arrange it. interesting session with Bevan Brittan about the changes in management style, We are also looking to facilitate a way to supervision, communication, etc. as a result share advice and ask for help on specific of the move to more remote working and practice management matters in a timely more recently they have hosted a session on manner via an email group. If you would like the changes to SRA rules. to be added to this, please let me know and we will look to get this up and running too.

pages practice management update 29 & 30

The latest from LLG Helen McGrath, Head of Public Affairs at LLG, with thoughts and views on current issues for local government lawyers. LLG Elections for Evidence in due course. LLG and ADSO LLG held its AGM on 20th March 2023 and have now submitted a review to the refusal congratulates Paul Turner for his successful to disclose the information. election as Deputy Vice President and Rachel McKoy who is now the President. For details LLG Work Experience Week of all appointments to the Board click here. Work experience week returns for its third To read Rachel’s manifesto for the next year year on 3rd July 2023. A dedicated webpage please click here. is now live on our website and authorities who want to take part (and haven’t yet set Remote Meeting Provision this up) are encouraged to get in touch. The government refused to provide information requested under the Freedom National Lead Opportunities of Information Act by LLG and ADSO. The LLG are seeking the following National Leads: refusal was raised in the House of Lords in • Employment National Lead. the context of the amendments tabled to • Litigation and Licensing National Lead enable remote provision in the Levelling Up Bill. The government hold the line that they (with emphasis on litigation). are not persuaded to enable provision within If anyone would like an informal discussion the Bill and that they will respond to the Call about any of these roles, please do get in touch with me directly.

LLG latest Call In Guidance and that of legal, impacts the findings of Guidance on Call-in has now been published interventions and public interest reports. by the CFGS and can be found here. EDI Review Spring Conference and LLG Awards 2023 LLG are undertaking a large research The annual conference takes place on piece examining the demographics within the 9th June in Birmingham together with local government to enable workstreams the LLG Awards. Both events are available to ensure greater representation in legal remotely. For more and to book, click here. departments and engender recruitment and retention. More on this to follow… Golden Triangle LLG are collaborating on two workstreams to Regional Strategy examine the role of the MO. One is with Grant Following the appointment of the 6 new Thornton which is looking at governance Regional Directors, LLG are currently more broadly and the other is with Browne focusing on a strategy for the regions to Jacobson and the Local Government better enable local engagement. If you are Information Unit on a bespoke research interesting in becoming a local regional lead piece examining how the status of the role in your area of practice, please let us know. pages 31 & 32

LexisNexis legal bulletin LexisNexis are delighted to bring you the NWLC quarterly legal bulletin, aimed at providing you with a summary of the latest authoritative legal updates from the public sector. The bulletin includes cases analysis of The policy and guidance update section key recent decisions such as the Supreme includes details of the government’s decision Court decision in Day v Shropshire Council to replace the sunset provision in the which confirms that public rights to use Retained EU Law (Revocation and Reform) land subject to a statutory trust are only Bill (REULRR Bill) (revoking Retained EU extinguished if the local authority has Law (REUL) by default at the end of 2023 complied with the legislative procedural unless expressly excluded or extended), with requirements and the Court of Appeal’s a specific list of REUL to be revoked by the decisions in R (on the application of SO) end of the year (approximately 600 pieces v Thanet District Council on service of a of REUL). It also includes insight into the Criminal Justice and Public Order Act 1994, surprise decision to delay implementation s 77 notice in circumstances where the of the Liberty Protection Safeguards beyond occupants were there lawfully without prior the life of the current parliamentary session. warning of the decision to withdraw consent New Public Procurement Policy Notes for occupation and in Birmingham City are covered including frequently asked Council v Bravington in which the Court of questions on the new standard selection Appeal concluded that service of possession questionnaire together with details of an notice was governed by section 233 of the independent review of the disclosure and Local Government Act 1972. barring regime. Further analyses include the housing LexisNexis has partnered with the Local decisions in Zaman v Waltham Forest Government Lawyer to host a series of free London Borough Council; Uduezue v Bexley events and useful webinars, diving into London Borough Council which is a Court topical issues and key legal developments of Appeal decision addressing the technical affecting the public sector, particularly for requirements imposed on local housing those working in local government. Full authorities when making out of borough details and links to all past webinars are offers of accommodation; as well as analysis of included in the bulletin. the decision in R (on the application of ZB and another) v Croydon London Borough Council Immerse yourself today and be sure that to award damages to the applicant children you’re providing up to date and reliable for breach of their human right to education. information when it matters.

LexisNexis legal bulletin View the full bulletin here > pages 33 & 34

quarterlyconsortium Partner Firm Main Contacts Philip McCourt David Williams Legal Director Chairman T: 0370 194 5031 T: 0115 983 3757 M: 07436 124 536 M: 07976 272 171 [email protected] [email protected] Ioan Davies Simon Goacher Legal Director Partner T: 0113 251 4861 T: 0345 073 9900 / ext 139582 M: 07843 069546 DD: 0151 243 9582 [email protected] [email protected] Front cover images, top left: big wheel, Blackpool; top right: Town Hall, Manchester; bottom left: Keswick, Cumbria; bottom right: The Temple, Heaton Park. © NW Legal Consortium June 2023. This newsletter and the legal articles included are intended solely as an overview of the law in England and Wales. No responsibility can be accepted for the completeness or accuracy of the contents included and professional advice should be taken in relation on to any specific matter.