Local Government Law

Technical guidance concerning England’s Local Growth Fund has been issued by the Ministry of Housing, Communities & Local Government (MHCLG) for recipient Mayoral Strategic Authorities (MSAs)......

The UK Home Office issued guidance on the intended application of facial age estimation (FAE) for disputed-age asylum claims......

R (on the application of AA) v Waltham Forest London Borough Council [2026] EWCA Civ 626 What was the background? This appeal addressed the extent of the obligation in HA 1996, s 189A to draw up a personalised housing plan for an applicant who was homeless. AA, a refugee with acknowledged mental health vulnerabilities, sought housing assistance from the London Borough of Waltham Forest under HA 1996, Pt VII. The authority accepted that it owed the main housing duty pursuant to HA 1996, s 193(2) and provided temporary accommodation. A dispute then arose as to whether appropriate long-term housing could include private rented sector accommodation (with adjustments if needed) or whether only social housing allocated under HA 1996, Pt VI would be suitable. AA’s personalised housing plan, prepared under HA 1996, s 189A, set out steps the authority would take to locate suitable private rented...

Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) overhauled the measures for tackling anti-social behaviour (ASB), seeking to bring remedies together and make their use simpler and more effective. In July 2014, the government released fresh statutory guidance, ‘Reform of anti-social behaviour powers: statutory guidance for frontline professionals’. That guidance was refreshed in August 2019 and again in January 2021 to incorporate the Sentencing Code, introduced by the Sentencing Act 2020 (SA 2020), which repealed and replaced ABCPA 2014, Pt 2, and it has been updated regularly since. The opening section of the statutory guidance prioritises victims, placing them at the heart of the response to ASB. Across the document there is a strong focus on ensuring the powers are deployed properly and in proportion to the particular conduct creating harm or nuisance. In July 2022, the Home...

Environmental law comprises the body of rules intended to protect the environment. It affects a local authority (LA) through the LA’s own compliance responsibilities and because LAs hold statutory roles for consenting, enforcement and remediation across diverse environmental law regimes. This Practice Note assists practitioners working in or with LAs by describing scenarios in which environmental law issues might arise, and by offering guidance and links to the relevant environmental law content. Waste What is the LA’s duty in relation to the collection of waste? Subject to certain limited exceptions, waste collection authorities (WCAs) in England and Wales have a statutory legal obligation to arrange for the collection of household waste and, where requested, commercial waste and industrial waste. Local authorities in England and Wales must also collect specified categories of waste, ensuring those types are collected separately as distinct streams. The...

Air quality regulation in England and Wales is interconnected, arising from European law and international agreements, alongside a range of national initiatives. For a summary of pollution controls, see Air pollution—overview, which also provides links to Practice Notes covering numerous elements of air quality. Those materials signpost guidance covering many facets of air quality in detail, via linked Practice Notes. The Environment Act 2021 and the Environment (Air Quality and Soundscapes) (Wales) Act 2024 Air quality is a devolved area; while the UK government leads on implementation of international legislation, internal controls may differ between nations. This note examines any divergence only for England and Wales. Part 4 of the Environment Act 2021 (EA 2021) sets out clear commitments to achieving clean air, reflecting the 25-Year Environment Plan and elaborated in the Clean Air Strategy. For further detail on the Clean Air Strategy, see the Clean Air...

[ State name of public authority ] [ Give public authority address, with postcode ] [ Supply the public authority’s email address, or the email of the specific employee/officer ] For the attention of: [ if you possess the name of a specific employee/officer at the public authority ]......

Executive summary This report examines why 25% of incoming calls originate from the procurement team, either posing questions or passing on updates and information to the team. Conducted across August and September 2024, the study incorporates statistical data gathered and assembled from a range of various sources. A cross-party cohort of lawyers and support staff, headed up by Fred Smith, undertook the work. Its objective was to locate present bottlenecks within the process, determine their root causes, and outline how they might be resolved. The aim was to identify current bottlenecks, their causes, and remedies. The principal recommendations are: enhance communication throughout the contract drafting process define what constitutes a conflict of interest and explain why it matters publish an online infographic of the contract drafting process as a clear and consistent point of reference tighten compliance protocols for how information is stored on...

To: [ name ] of [ address ] Please note that: The [ name ] [ District ] [ Borough ] [ City ] Council (the Council) is satisfied that a statutory nuisance [ exists OR is likely to [ occur OR recur ] ] under section 79(1) [ specify which subsection ] of the Environmental Protection Act 1990 (EPA 1990), originating from [ the premises at ] [ specify the address of the source of the nuisance ] and resulting from [ describe the matters which are causing the nuisance ]. This abatement notice is issued to you as you are [ the person responsible for the statutory nuisance OR [ the owner OR the occupier of ] the premises ]. What you are required to do [ You are required to abate... ...

The Academies Act 2010 (AcA 2010) The Academies Act 2010 (AcA 2010) and regulations made under it authorise and set out provisions for the transfer of land from the local authority to the Academy Trust. Although Schedule 1 to the AcA 2010 permits an absolute transfer, guidance issued by the Department for Education in its Land Transfer Advice (April 2013) indicates that, in the overwhelming majority of instances, the transfer should ordinarily proceed by means of a 125-year lease to the Academy Trust, thereby safeguarding public land......

This Q&A concerns a contract for land and vehicles―a mixed contract. Not every land transaction must follow a public procurement process publicised in the Official Journal of the European Union. Whether such a procedure is needed depends on the character of the arrangement and the contracting authority’s involvement, though land can still comprise a procurable component within a contract. The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, do not apply where a contract contains inseparable mixed elements and the procurable aspects are not the contract’s principal object. The key point here is to determine whether the dominant element is the vehicles or the land. Under PCR 2015, SI 2015/102, reg 4(2), there are provisions guiding a contracting authority when dealing with a contract that includes some, but not exclusively, procurable elements......

A local authority holds a broad range of legal powers concerning the highway, most of which sit within the Highways Act 1980 (HiA 1980). Those powers cover action and interventions where land adjoining a street (defined, following HiA 1980, s 329 and by virtue of section 48 of the New Roads and Street Works Act 1991, as any highway, road, lane, footway, alley or passage, any square or court, and any land laid out as a way, whether or not it is formed as a way, a bridge or a tunnel) presents a danger or annoyance......