Public sector law matters - April 2022 | Government law

Public Matters - April 2022

Updates include Local Health Systems, The role of local government and the UK EV Infrastructure Strategy and more.

28 April 2022

Welcome to our Public Matters Newsletter.

This month we have:

Local Health Systems: Relationships not structures

The Local Government Information Unit’s latest report, Local Health Systems: Relationships not structures, highlights the key role of local government within health and wellbeing systems and the strategies, skills, and toolkit for effective working within them.

Subsidy cases – you wait 15 months and then two come along at once!

In February 2022, judgment in the first domestic case on the TCA subsidy regime was handed down and in March 2022, the first international subsidy complaint since Brexit was made.

The role of local government and the UK EV Infrastructure Strategy

Transport is now the UK’s largest emitting domestic sector, with a staggering 91% of emissions coming from road transport. With a view to tackling this increasing threat to climate change, the Department of Transport has published the UK Electric Vehicle (EV) Infrastructure Strategy.

Modernising the planning system

Improvement to the planning system has arrived in the form of new digital tools which will make it easier for the general public to have their say on shaping and regenerating their communities.

Quashing orders

The Government’s 2019 manifesto included a commitment to look afresh at judicial review. In 2020, an expert panel was established to conduct an independent review and spark a debate about the purpose of judicial reviews and their purpose.

Subsidy Control Bill: Subsidies of Interest and Particular Interest

The Subsidy Control Bill is expected to pass into law shortly. One of the new concepts public authorities will need to be aware of under the new regime brought in by the Bill is ‘Subsidies or Schemes of Interest’ and ‘Subsidies or Schemes of Particular Interest’.

When does the treatment of residents of care homes meet the article 2 and article 3 thresholds?

Residents of care homes are particularly vulnerable members of our society, with higher risks of incidents and fatal injuries, which unfortunately can be as a result of suffering ill-treatment. Courts can be faced with the difficult task of determining whether the treatment amounts to a breach of the individual’s rights.

Contracts with Russian and Belarusian suppliers

We are all aware of the unfolding situation in Ukraine following the invasion of Russian forces, and the support afforded to Russia by Belarus. The UK Government has, in response to the conflict, issued sanctions on companies and individuals. Standing in solidarity with Ukraine, many public bodies outside of Central Government wish to follow suit.

SEND Review – right support, right place, right time – implications for local authorities

The Department for Education has now published its Green Paper which signals the start of another period of reform for those involved with supporting children and young people with special educational needs and disabilities (SEND).