Archive for the ‘Public Sector’ Category
Monday, January 30th, 2012
The future structure and operation of the NHS Commissioning Board is set to be discussed at its board meeting this week.
Its board will consider a 63-page document outlining the NHS Commissioning Board’s future structure. It will have an “hour glass” shape – an 800-strong central office, four commissioning sectors (based on SHA cluster locations) and, at least initially, 50 local offices (covering PCT cluster areas). Each commissioning sector and local office is expected to have about 50 staff.
Whilst there is logic behind the structure, some might question how lean this structure really is. However, it seems that the NHS Commissioning Board’s budget represents a reduction of about 50% compared to the running costs of the functions transferring to it.
The board will also be asked to approve and adopt Clinical Commissioning Group guidance that has been in circulation (some in draft form) for a few months. Don’t ignore the board papers accompanying each item either, as they also contain some useful information.
Posted by Jonathan Hayden, specialising in: advising health and social care clients including clinical commissioning groups, primary and secondary care contracting, commercial contracts, joint ventures, statutory powers/duties and governance.
Jonathan Hayden
0121 237 4551
jhayden@brownejacobson.com
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Tags: clinical commissioning groups, health, NHS, NHS commissioning board, primary care trusts, Public Sector, Social Care
Posted in Health, NHS, Public Sector, Social Care | No Comments »
Monday, January 30th, 2012
At the World Economic Forum recently Neelie Kroes announced the setting up of the “Cloud Partnership”.
With it she announced a policy to increase the uptake of cloud computing throughout Europe through the creation of common standards and regulation, together with an initial investment of Euro 10 Million from the European Commission to make it happen.
Personally I’m always a little concerned by announcements to boost the economy through greater regulation. If however the policy results in greater uptake of cloud computing by the public sector (whether through true “public” clouds or through the greater use of “private” clouds), as common standards are agreed and accepted then there is a real chance of (much-needed) cost savings, which must be welcome.
Let’s hope an agreement on standards can be reached more quickly than agreement on the debt crisis, even if it does involve putting up with unnecessary repeated references by politicians to becoming “not just Cloud friendly but Cloud active”.
Posted by Richard Nicholas, who specialises in commercial, IT and outsourcing agreements, complex projects for private and public sector clients, collaboration, distribution & agency contracts, e-commerce and consumer law.
Richard Nicholas
0121 237 3992
rnicholas@brownejacobson.com
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Tags: cloud computing, Commercial contracts, European Commission, government bodies, IT Contracts, neelie kroes, outsourcing, Public Sector, world economic forum
Posted in Commercial contracts, Consumer contracts, Government bodies, IT Contracts, Outsourcing, Public Sector | No Comments »
Monday, January 16th, 2012
Today is the first working day of the obligation under the Localism Act 2011 for local authorities and single status fire and rescue authorities to produce a Pay Policy Statement. The government issued draft guidance for consultation before Christmas and once that comes out in final form authorities will know exactly what is expected.
While a lot of local authorities will already have started thinking about drafting a statement it will require a lot of input from both officers and members and will need to be approved by the full authority. This approval is aimed at making the authority more accountable to the local tax payers with the hope that the gap between the highest and lowest earners will reduce.
The policy must be applied from 1 April 2012 and it will be interesting to see if the government’s wish to effectively “cap” the pay of the most senior officers will come true.
Posted by Anja Beriro, who specialises in : local authority law, public sector procurements, commercial agreements, projects and shared services; clients: local authority and private sector bodies
Anja Beriro
0115 976 6589
aberiro@brownejacobson.com
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Rating: 7.0/10 (1 vote cast)
Tags: fire and rescue authorities, government bodies, local authorities, local tax payers, localism act 2011, Localism Bill, pay policy statement, Tax
Posted in Commercial Litigation, Government bodies, Local Authorities, Public Sector, Tax | No Comments »
Friday, January 13th, 2012
Following the second reading of the Local Government Finance Bill in the Commons opinions remain divided. While councils have been told that they will be able to keep certain parts of new business rates rather than give it all straight to central government, the amount that they will get to keep is not yet clear and some critics are saying that it will be at best trivial.
The amounts will be based on the actions that an authority has taken to boost business within its area and this will not always be an easy calculation to make, the proposed system being a complex one.
Mr Pickles has been quick to respond to criticism that the main benefits will lie in the south-east saying that certain authorities in the middle and north of the country could have been benefitting already if these provisions were in place.
Posted by Anja Beriro, who specialises in : local authority law, public sector procurements, commercial agreements, projects and shared services; clients: local authority and private sector bodies
Anja Beriro
0115 976 6589
aberiro@brownejacobson.com
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Rating: 9.0/10 (1 vote cast)
Tags: central government, councils, local government finance bill, Procurement
Posted in Procurement, Public Sector | No Comments »
Thursday, January 12th, 2012
Ofsted’s new chief has announced the current two day notice before an inspection is set to be replaced with a no notice system for inspections for all schools in England from autumn.
Some schools believe these changes are a result of recent claims that schools attempt to portray a stronger impression during Ofsted inspections by sending “bad” pupils home or drafting in staff from other schools. There are also concerns that shorter or no notice inspections may stop schools properly engaging with the inspection process.
Ofsted has carried out 1,500 no notice inspections over the last 18 months and defends the new system by assuring that the sole aim is to provide a true picture of school performance. Schools should be able to trust the inspection process but no notice inspections may just aggravate the feeling that Ofsted is trying to catch them out.
Laura Richards
0115 976 6249
lrichards@brownejacobson.com
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Rating: 8.0/10 (1 vote cast)
Tags: Education, Ofsted, ofsted inspection, primary education, Public Sector, schools, secondary education
Posted in Employment, Public Sector | No Comments »
Thursday, January 12th, 2012
We’ve seen a lot of publicity recently about the Government’s intention to make the adoption process easier and faster, but for the most part the focus has been on placing babies and young children.
This week brings news that the needs of older children are being forgotten and that it is a concern that deserves to be taken seriously.
Since 1999 it has be possible for children to bring claims against local authorities for failing to secure appropriate arrangements which are in Looked After Children’s short and long term best interests. Failure to do so could be the subject of long, expensive and protracted litigation – something which we are seeing a lot more of.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 9.3/10 (3 votes cast)
Tags: adoption, adoption system, childrens social care, Education, fostercare, local authority children's services, Social Care
Posted in Education, Litigation, Public Sector, Social Care | No Comments »
Monday, January 9th, 2012
The risk of evaluating “irrelevant” information has been emphasised in the recent case of Resource v Northern Ireland Courts and Tribunals Service (NICTS) [2011] a tender for security and other services. The unsuccessful bidder claimed that NICTS had evaluated the part of G4S’ proposal which was different from the criteria set out in the Statement of Requirements instead of disregarding it as “irrelevant”.
The court agreed with the applicant. Firstly, NICTS did not have good evidence recording their evaluation process which in general is very important. Secondly, it was clear that G4S’ alternative proposals were taken into account which meant G4S received preferential treatment. By giving weight to “irrelevant” information the panel had committed a serious and manifest error.
The court set the award procedure aside. This case highlights once again the importance of evaluation based solely on the information available to all potential bidders and to record clearly the manner in which the evaluation criteria were applied.
Posted by Anja Beriro, who specialises in : local authority law, public sector procurements, commercial agreements, projects and shared services; clients: local authority and private sector bodies
Anja Beriro
0115 976 6589
aberiro@brownejacobson.com
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Rating: 9.5/10 (2 votes cast)
Tags: g4s, Procurement, resource v northern ireland courts and tribunal service, ststement of requirements
Posted in Procurement, Public Sector | No Comments »
Monday, January 9th, 2012
Just before Christmas the UK Government requested input from various bodies across the UK on the EU Commission’s legislative proposals for a reform of public procurement. Both the Commission and the Government have stated that procurement reform is a priority in 2012 so we are hoping to see some progress made over the next 12 months. EU reform is a time consuming process however, so don’t expect to see any legislative changes trickle down to the UK in the next year or two.
The Commission produced a green paper proposing reform which the Government responded to in July last year. Some of the responses made have clearly been incorporated into the current proposals and the Government has stated its intention to continue negotiations throughout 2012 with a view to protecting the UK’s position. If the Government can continue to push for simpler, more flexible procurement regulations then this will be welcomed by both the public and private sectors.
Alex Kynoch
0115 976 6528
akynoch@brownejacobson.com
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Rating: 9.0/10 (2 votes cast)
Tags: eu commision, green paper, private sector, Procurement, public procurement, Public Sector, reform
Posted in Procurement, Public Sector | No Comments »
Friday, January 6th, 2012
Around half of public sector senior leaders have expressed concerns over growing public-private sector collaborations according to a recent report by global management consulting firm the Hay Group.
The report, Relationship Counselling, surveyed around 200 senior leaders from local government, healthcare, uniformed services and universities.
The report highlights growing opposition and resentment to closer ties with the public sector amid increasing concerns over risks to service delivery.
This is an issue that is clearly taxing the minds of public sector managers as was evidenced at our December Claims Club session on shared services, outsourcing and private sector delivery of local government services.
With the report predicting public-private sector collaborations will double over the next three years these are unsettling findings.
Then again following the very public failure of private sector providers of care services in 2011 perhaps we ought not to be that surprised by the research findings.
Posted by Bridget Tatham, specialising in: high value complex litigation relating to disease and stress and bullying at work; experienced in regulatory matters including advocacy, investigations and inquests.
Bridget Tatham
0121 237 3916
btatham@brownejacobson.com
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Tags: hay group, healthcare services, local government, private sector, Public Sector, relationship counselling, service delivery, uniformed services, universities
Posted in Government bodies, Health, Litigation, Public Sector | No Comments »
Tuesday, January 3rd, 2012
The updated public procurement thresholds came into force on 1 January 2012. As the first working day of the New Year for many, today is likely to be the first day of their practical application. Whilst the Regulation sets out the thresholds in Euros the equivalent in Sterling has also been published.
The limit for supply and services and design contracts has increased to £173,934 and the limit for works contracts is now £4,348,350.
Whilst any rise in the thresholds will be welcomed by most public bodies, the increase of approximately 3% is unlikely to have a significant impact on the nature of works or services which trigger the requirement to conduct a public procurement exercise. Current UK inflation stands at 4.8% meaning that even a 3% increase may equate to a reduction in ‘real terms’ here in the UK, but public bodies can at least take comfort in the fact that the thresholds have not been decreased as was the case in January 2008.
Alex Kynoch
0115 976 6528
akynoch@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: euros, inflation, public procurement, public procurement exercises, Public Sector
Posted in Procurement, Public Sector | No Comments »
Tuesday, December 20th, 2011
First there was ECJ decision in Akzo Nobel suggesting that advice from in house counsel on competition issues would not be subject to legal advice privilege (creating a practical problem for in house lawyers advising their employer on competition issues).
Then in May the first instance court of the European Union took the view that in house counsel should not be able to plead proceedings before it – a judgement that was appealed in August.
Last week The Law Society published its letter to Ken Clarke, urging him to intervene in the appeal – but could an intervention really prevent the erosion of the in house lawyer’s role before the European Courts, now that Akzo Nobel has set a precedent? Should the appeal fail its likely to have profound consequences for in house lawyers.
Posted by Richard Nicholas, who specialises in commercial, IT and outsourcing agreements, complex projects for private and public sector clients, collaboration, distribution & agency contracts, e-commerce and consumer law.
Richard Nicholas
0121 237 3992
rnicholas@brownejacobson.com
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Tags: akzo nobel, ECJ, European Court, in house lawyers, Kenneth Clarke, law society
Posted in Commercial contracts, Consumer contracts, In-house Lawyers, Public Sector | No Comments »
Friday, December 9th, 2011
The change in Government left auto enrolment and NEST hanging in the balance. Following the publication of an independent review earlier this week, it appears that it is full steam ahead with auto enrolment and NEST.
The good news is that a 3 month waiting period has been introduced before the auto enrolment requirement kicks in, and some of the thresholds have been increased (the earnings threshold at which an individual is auto enrolled has been increased to match the income tax personal allowance; the threshold for pension contributions to become payable matches the National Insurance primary threshold).
However the not so good news for smaller employers is that the requirements apply to all employers irrespective of size.
It still seems that many of the principles which caused concern for employers in terms of costs and administrative burden remain.
Posted by Victoria Leybourn, who specialises in advising companies and trustees in all aspects of pensions law and local authorities and contractors on their obligations regarding public sector pension schemes.
Victoria Leybourn
0115 976 6160
vleybourn@brownejacobson.com
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Tags: auto enrolment, employee pensions, income tax, NEST, Pensions, pensions law, Tax
Posted in Employment, Local Authorities, Pensions, Public Sector, Tax | No Comments »
Wednesday, November 30th, 2011
The case of Essex CC v Williams [2011] examined whether or not those over the age of 19 met the criteria under the Education Act 1996 to receive a Statement of SEN.
The Court of appeal has now released its judgement setting out that those over the age of 19 could not be considered a “child” under the Education Act 1996. This will mean that authorities do not have to maintain Statements of SEN past that age.
The court said that for most people it would be absurd to refer to a young adult of 20 years or more as a ‘child’ and that they would not extend the specific definition of child as set out in the Act.
Extending this provision would have far reaching budgetary implications, as well as raising safeguarding concerns around teaching adults alongside children. It looks like there will be a further appeal, which we will again follow with interest.
Laura Richards
0115 976 6249
lrichards@brownejacobson.com
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Tags: Education, education act, local authorities, safeguarding, SEN statements
Posted in Education, Local Authorities, Public Sector | No Comments »
Friday, November 18th, 2011
Munir Yakub Patel, an administrative clerk, made legal history today after being handed a three-year prison term for bribery and ordered to serve six years concurrently for misconduct in a public office.
Patel pled guilty on October 14 this year to requesting and receiving a bribe intending to improperly perform his functions, contrary to Section 2 of the Bribery Act. Patel was charged in relation to his employment at Redbridge Magistrates Court and was the first person charged since the Act came into force.
The imposition of a prison sentence for a relatively minor instance of bribery shows very clearly that the Act will not just be used against big corporates and sends a powerful message to individuals and smaller businesses. If businesses have not yet put in place suitable procedures to ensure compliance with the Act then this case should serve as a reminder as to why they need to so. The threat of unlimited corporate fines and prison for employees is very real.
Matthew Woodford
0121 237 3965
mwoodford@brownejacobson.com
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Tags: bribery, bribery act, browne jacobson, criminal proceedings, employment, Public Sector, Regulatory
Posted in Commercial contracts, Competition, In-house Lawyers, Public Sector, Regulatory | No Comments »
Friday, November 4th, 2011
A 12 week consultation period, fueled by an aim to overhaul the current admissions and appeals code system, has resulted in the publication of a revised code.
The new code includes 2 key changes. Firstly, from Autumn 2014, 16 April will be the day for allocating primary school places and offers will be received at the same time regardless of geographical location. Secondly, greater priority will be given to adopted children who were previously in care, benefiting around 5,000 children each year. The admissions rules will also be amended in order to make it easier for oversubscribed schools to expand.
These amendments aim to raise school standards and close the attainment gap between different economic backgrounds. The revised code may still be amended before final approval on December 1. Subject to this, the Department intends to bring this into force on 1 February 2012. We will follow this outcome and its impact on the education sector as it happens.
Laura Richards
0115 976 6249
lrichards@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: admissions code, Department for Education, education sector, primary education, primary school admissions
Posted in Education, Public Sector | No Comments »
Thursday, November 3rd, 2011
Over the last six months more than 470 UK colleges have been banned from accepting non European students with some 302 colleges having had their licences cancelled it has emerged.
Tighter restrictions for student visa applicants already mean tougher English language requirements and students at public sector FE colleges are now limited to 10 hours of work per week during term time. Students at privately funded FE colleges or language schools are not permitted to work at any time during their studies.
Further changes due to take effect from April 2012 include:
- courses offering work placements will have to have a study:work ratio of 66:33 (except at HE institutions)
- Tier 1 Post Study Work Route will be closed (but switching to Tier 2 will be allowed in certain circumstances)
The concern for the education sector is that the tighter restrictions could mean that less international students can apply to study in the UK, and those that can apply, are deterred from doing so as result if the restrictions in the opportunities to work.
Posted by Dawn Lobley, who specialises in employment law, acting for clients on matters including unfair dismissal, redundancy, restructure, TUPE, contractual issues and discrimination, plus immigration and data protection.
Dawn Lobley
0115 976 6185
dlobley@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: education sector, FE colleges, further education sector, immigration rules, non European students, Public Sector, student visa
Posted in Education, Employment, Further Education, Public Sector | No Comments »
Wednesday, October 26th, 2011
A father of a child with Down’s Syndrome is challenging a local authority’s (LA) decision to cease funding his 22 year old daughter’s education. He wants her education to continue until she is 25.
This case will hopefully clarify LA obligations around when they can lawfully cease to maintain a statement of SEN. Current guidance recommends LAs maintain statements until the age of 19. Yet the proportion of children and young adults with Down’s Syndrome staying longer in schools continues to increase. If the Court of Appeal decides that a LA should educate a pupil with SEN until they reach 25, it will force LAs to carefully examine the provision for these individuals alongside younger students, both practically (e.g. safeguarding) and financially.
The outcome of this case is awaited by many interested parties. However, the Court of Appeal have rightly reserved judgement to a later date. This case will require careful scrutiny and a sound grasp of the wide-ranging consequences on all those affected by the decision.
Laura Richards
0115 976 6249
lrichards@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: child education, downs syndrome, Education, education authorities, education rights, local authorities, sen
Posted in Education, Public Sector | No Comments »
Wednesday, October 19th, 2011
A recent DfE study shows that more than 4 in 10 allegations made against teachers and teaching staff by pupils are ‘malicious’ or unfounded. Fewer than 3% of allegations directed at teaching staff resulted in a criminal conviction.
New guidance on managing allegations against staff was issued by the Department for Education earlier this year. It replaces the guidance contained within chapter 5 of the 2007 DCSF guidance ‘Safeguarding Children and Safer Recruitment in Education’ and in line with the government’s aim to reduce red tape, the new guidance extends to a mere 10 pages. Interestingly, the threat of malicious allegations is prominent within it, with two of the five ‘key points’ dedicated to it. And the government does not intend to stop there – under the Education Bill teachers will get the right to anonymity until the time they face criminal charges.
The government’s direction of travel is clear and this study certainly supports its approach.
Posted by Dai Durbridge, who specialises safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.
Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Posted in Education, Employment, Further Education, Public Sector | No Comments »
Friday, September 30th, 2011
Hot on the heels of yesterday’s announcement (29 September 2011) that only 60 babies were adopted last year, comes the news that the number of children in care in England has increased to 65,520.
Monitoring these placements is not easy, it involves social workers working with multidisciplinary teams and families to try and work out what is best for each child. We are seeing an increasing number of claims arising out of such placements (and indeed failure to make such placements). To defend each claim we have to read lots of paper and electronic documents. We also need to spend valuable hours with practitioners so that we can explain what Social Work Practice means on the ground, and why decision making is not simple. The amount of time this involves is breathtaking yet quite often the value of the claim relatively low.
Sadly my view is that Social Workers may, like health professionals, have to become used to the idea that giving evidence in professional negligence claims is simply part of the job. Employers can make that change of culture easier by providing regular training and support.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: browne jacobson, child protection, children in care, Claims, local authorities, professional negligence, professional negligence claims, Public Sector, safeguarding, sarah erwin-jones, Social Care, social work practice, training social workers
Posted in Professional Indemnity, Public Sector, Social Care | No Comments »
Friday, September 16th, 2011
A series of strikes are scheduled as a result of the proposals to increase member contributions to public sector pension schemes
The publication of the final Hutton report earlier this year brought with it rumblings of discontentment amongst recipients and future recipients of the various public sector schemes to which it outlined reforms including the NHS pension scheme
The Government clarified that although it accepted all of Hutton’s 27 recommendations for reform, implementation would only occur following consultation with unions and members. The first consultations have been opened for a number of public sector pension schemes and they relate to increasing member contributions with effect from April 2012.
This consultation is only the first issued in respect of the 27 recommendations and the reaction amongst unions and members to these initial consultations signifies that there could be a lot more strikes ahead. It remains to be seen whether the Government determine that financial pressures and the “need” for reform of the public sector schemes will outweigh the upheaval to public services as a result of the planned strikes.
Posted by Victoria Leybourn, who specialises in advising companies and trustees in all aspects of pensions law and local authorities and contractors on their obligations regarding public sector pension schemes.
Victoria Leybourn
0115 976 6160
vleybourn@brownejacobson.com
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Tags: browne jacobson, government, Hutton report, NHS, NHS pension scheme, pension schemes, Pensions, Public Sector, public sector pensions, public sector strike, public sector strike action, Victoria Leybourn
Posted in Employment, Health, Pensions, Public Sector | No Comments »
