Local Government

Local Government Legislation is often a complex and contentious area of Law that has seen many changes over the years. Chambers is able to service all areas of Local Government Law including adult social care, child care, education, employment, enforcement, health and social care, housing, Information Law, Licensing, local authority prosecutions, public procurement and Town and Country Planning. Our clients include Unitary Authorities, District Councils, County Councils, Metropolitan Districts, London Boroughs, Town Councils and Parish Councils.

Members of Chambers have the expertise to deal with a broad range of public law work relevant to local government law and regulations. Members have been involved in many high profile cases.

Areas of expertise include: 

Planning, Development Consent Orders, Highways, Compulsory Purchase and Environment

  • Town & Country Planning – all aspects including advising on local and neighbourhood development plans, including minerals and waste, planning applications and appeals including residential, retail, regeneration, office, B2 and B8 development, enforcement notices and s.215 Notices; representation at Inquiries, Hearings and Examinations; representation in High Court judicial reviews and other statutory challenges, injunctions to prevent breaches of planning control etc.
  • Development Consent Orders for nationally significant development – including advising on local authority local impact reports
  • Highways – advising as to the promotion, alteration and improvement of highways, public rights of way and definitive maps and statements, town and village greens, and related issues including compulsory purchase and compensation.
  • Compulsory purchase – advice as to powers, procedures and promotion, compensation and the Crichel Down Rules; representation at inquiry, in the High Court and Upper Tribunal (Lands Chamber).
  • Environmental Protection – including statutory, public and private nuisances, waste, environmental permits.

Enforcement

  • Fly Tipping
  • Tree preservation order
  • Unauthorised works
  • Breach of Planning Permission

Public Procurement, Best consideration and State Aid

  • Advisory work including Public Contracts Regulations, s.123 Local Government Act 1972 and EU control of State Aid.

Licensing

  • Advice and representation in respect all aspects of licensing, including hackney carriage and private hire, the regulation of charter and statutory markets, entertainment and other licensing.

Local Government Finance

  • Powers to lend money pursuant to the general power of competence under the Localism Act 2011.
  • Advice to Local Authorities on their powers in relation to the acquisition of land.
  • Powers in relation to commercial investment.
  • Changes to minimum revenue provision and the powers under the Local Authorities (Capital Finance and Accounting) Regulations 2003 (as amended).
  • Non Domestic Rating and Council Tax.

Governance

  • Constitution of Committees
  • Conduct of meetings
  • Election Law

Information Law

  • Advice relating to Freedom of Information Act and Environmental Information Regulations requests
  • Representation at the Information Tribunal
  • GDPR

Education

Advice on all aspects of education law from SENs to transgender issues including:

  • First Tier Tribunal hearings (Special Educational Needs & Disability).
  • Refusal to assess, refusal to issue EHCP, contents of EHCP and ceasing to maintain EHCP. 
  • Appearances in the Upper Tribunal on the weight to be given to the views of a child, calculating the costs of school placements and reasons challenges. 
  • Advising Local Authorities’ Safeguarding Children Boards
  • Representation at Independent Review Panels (IRPs). 
  • Acting as Clerk to Schools Admissions Tribunals.
  • Injunctions – eg: to prevent the release of an OFSTED report.
  • Establishment of a company to provide alternative provision and multi academy trusts on issues relating to alternative provision.
  • Academy conversions and rebrokerages of schools.
  • JR of the Council’s Health & Care Plan policy re: removal of support for SEN children.
  • JRs relating to community care and for special educational needs

Adult Social Care

  • Court of Protection applications.
  • Inherent Jurisdiction of the High Court for the protection of vulnerable adults.
  • Community Care
  • 17+ Care leavers rights.
  • Nationality law and entitlement of children in care.
  • Closure of residential care homes, changes to charging policy, Resource Allocation System and funding of care homes.
  • Care Act 2014
  • Age Assessments

Housing and Homelessness

  • Housing in Multiple Occupation (HMO’s)
  • Homelessness appeals
  • Evictions

Employment

  • Unfair dismissal (including disability, gender, race)
  • Whistle blowing
  • Strike ballot
  • Property transfer
  • TUPE
  • Contractual matters.
  • Unfair Dismissal.
  • Discrimination (race, gender, disability, age, religious and sexual orientation)

Local Authority Prosecutions

  • Health and Safety
  • Fire
  • Benefit Fraud
  • ASBO’s

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