Commission for Local Administration in England meaning

In this issue: Public procurement Governance Education Social housing Children's social care Social care Healthcare Local government finance Environmental law and climate change Planning Daily and weekly news alerts New and updated content Public procurement Damages are an adequate remedy in a procurement dispute despite no sufficiently serious breach (Millbrook Healthcare Ltd v Devon County Council) In Millbrook Healthcare Ltd v Devon County Council, the Technology and Construction Court (TCC) determined that, at the interim stage of a procurement claim, whether a breach is “sufficiently serious” is not directly relevant to the question of adequacy of damages; damages can still be the proper remedy. The TCC reviewed established authorities confirming that damages are available in procurement challenges only where the contracting authority’s breach is “sufficiently serious”, a test grounded in EU law. The issue was recently examined in Braceurself v NHS England, where the TCC held that the “sufficiently serious” assessment...

In this issue: Social housing Children's social care Education Planning Highways Public procurement Governance Local government finance Adult social care Healthcare Licensing Environmental law and climate change Daily and weekly news alerts New and updated content Social housing Social housing To be or not to be… the recurring question of when a homelessness application is an application at all (R (Lyrae) v Somerset Council) In R (Lyrae) v Somerset Council, the High Court endorsed the Court of Appeal’s dicta in Rikha Begum—picked up and used in Minott and Ivory—on how to treat a subsequent ‘fresh’ homelessness approach. The analysis comprises two steps. First (stage one), decide whether the later approach counts as an application at all; the only time the answer is ‘no’ is where it rests on exactly the same factual matrix as the earlier one, ignoring fanciful assertions and insignificant details. Secondly (stage two), if it...

In this issue: Local government reorganisation Education Children's social care Adult social care Social housing Planning Judicial review Public procurement Local government finance Licensing Pensions Daily and weekly news alerts New and updated content Local government reorganisation IPPR report recommends democratic reforms for English Devolution and Community Empowerment Bill IPPR North released analysis exploring the democratic effects of the government’s push to create unitary councils under the English Devolution and Community Empowerment Bill. The study reviews plans to scrap the remaining two-tier county and district councils—covering roughly 29% of England—and replace them with larger unitary bodies. Ministers contend that unitarisation will streamline administration, raise efficiency and support mayoral devolution, yet it flags democratic downsides: fewer councillors, less frequent elections, and a wider gap between communities and decision-makers. Evidence is cited that bigger councils can erode trust, suppress participation and blunt citizens’ sense of political efficacy, but it also argues that...

Charity proceedings broadly concern a charity’s internal management and domestic matters. Such proceedings may only be begun: by the charity, any of its trustees, any ‘person interested’, or, for a local charity, two or more inhabitants of the relevant area; and only where the Charity Commission has authorised them by order. Exceptions to these limits are: proceedings by the Attorney General; proceedings brought by the Charity Commission under powers conferred by the Charities Act 2011 (CA 2011); proceedings concerning an exempt charity (except where the increased regulation of exempt charities applies to the charity or class in question). What are charity proceedings? Under CA 2011, s 115(8), “charity proceedings” are proceedings in any court in England or Wales brought either under the court’s jurisdiction over charities, or under its jurisdiction over trusts as it relates to administering a trust for charitable purposes. Examples of charity proceedings include: an action for...

Loan market and developments Please provide a concise overview of the present condition of the loan markets in your jurisdiction together with any material recent developments. Reflecting on the last three to four years, China’s loan market has experienced a succession of notable shifts and reforms. For the purposes of this Practice Note alone, ‘PRC’ or ‘China’ denotes the People’s Republic of China, excluding the Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan. The ongoing structural overhaul of both the financial supply side and the overarching regulatory architecture has been advancing in a measured and steady fashion. On 18 May 2023, the China Banking and Insurance Regulatory Commission (CBIRC), the authority supervising the banking and insurance industries, was superseded by the National Financial Regulatory Administration (NFRA). NFRA’s mandate has been broadened beyond that of CBIRC, and it now regulates all financial activities with the exception of the securities sector. In tandem with these institutional changes, a series of new rules relevant to the loan market has...

This Practice Note outlines how the Care Quality Commission (CQC) applies its powers and approach to sanctions and enforcement. What is the CQC? The CQC is a non-departmental statutory body, sponsored by the Department of Health and Social Care. It regulates health and social care services in England and safeguards the interests of people whose rights are restricted under the Mental Health Act 1983 (MeHA 1983). See Practice Note: Care Quality Commission (CQC). The relevant legal framework for enforcement The CQC’s enforcement powers are derived from: the Health and Social Care Act 2008 (HSCA 2008) the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, SI 2014/2936 the Care Quality Commission (Registration) Regulations 2009, SI 2009/3112 the Legislative and Regulatory Reform Act 2006 (LRRA 2006) and the Regulators’ Code For registered services, enforcement action is taken against registered persons—namely the registered provider or the registered manager—except for the offence of obstructing an inspector while carrying out...