Local Government Legal Update 2016

Available to: Full members

Date of recording: 10th April 2016
Running time: 43 minutes

Speaker: Richard Clyton QC, 4-5 Grays Inn Square

Recorded in April 2016, leading barrister Richard Clayton QC outlines and analyses the key local government cases of the preceding 12 months across a range of disciplines. Includes a comprehensive downloadable paper.


Social care

  • Ordinary residence.
  • Calculation of contribution to care home fees.
  • Care home fees - what is nursing work.
  • Best interests - can court of appeal compel an authority to provide a care package that the LA did not want to provide?


  • SEN and legitimate expectation.
  • P56, discrimination and budget cuts. Free transport for church school pupils.


  • Planning and adverse effect on a town centre of out-of-town shopping centre.
  • The obligation of councils to defend JR claims.
  • When are EIAs required?


  • Homelessness, and out of borough accommodation.
  • Hotak and priority needs.
  • Housing Benefit and the benefit cap.


  • Consultation and cuts – Moseley.
  • Duty to re-consult.
  • The need to provide reasons for decisions.
  • Standard of review - does proportionality replace Wednesday principles for JR cases absent HR or EU cases?


  • Appeals against stays.
  • Procurement and the public interest.
  • Contractual variations and the new public procurement rules.
  • Terminating contracts.

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