Local Government weekly highlights—20 February 2025
This week's edition of Local Government weekly highlights includes coverage of the new National Procurement Policy Statement and the reissue of Procurement Policy Notes ahead of PA 2023 coming into effect on 24 February 2025 plus expert analysis of the decisions in Airwave v Secretary of State, where the court considered permission for late re-amendments to a statement of case in an emergency network contract dispute; R (Simpson) v NHS Mid and South Essex ICB, where the court clarified the standard of reasonableness review in NHS Continuing Healthcare challenges; R (MV) v Lewisham LBC in which the High Court quashed outdated housing policy decision at the request of the defendant; Khan v D'Aubigny, where the Court of Appeal clarified the application of statutory and contractual provisions regarding the service of tenancy documents, including the use of deemed service clauses and the common law presumption of service by post; R (Swansea CC) v Educational Tribunal for Wales in which the court found the correct route of challenge against a review decision of the Education Tribunal for Wales regarding a SEN statement is via statutory appeal rather than judicial review; and Mead Realisations v SSHCLG, where the court upheld the orthodox approach to planning guidance. Case reports include Working on Wellbeing Ltd Trading as Optima Health v SSWP where the Court of Appeal found the DWP failed to exercise discretion by not seeking clarification of obvious errors in Optima’s tender, leading to wrongful exclusion from competition; London Borough of Enfield v Snell, where the court granted an injunction to safeguard and support the Meridian Water Regeneration Project; and Trower v Elmbridge Borough Council, where the court declared Elmbridge Borough Council's PSPO unlawful due to the omission of river warning dispensation; R (Nash) v King's Lynn and West Norfolk BC) where the court found refusal of McKenzie friends to hearing and delay did not breach the claimaint’s Article 6 ECHR rights; R (CWJ) v Director of Legal Aid Casework (MIND intervening) in which an application was dismissed for judicial review of decision not to grant exceptional case funding for representation before a review panel regarding the claimant son’s permanent exclusion from school; R (Al-Ajeel) v LGSCO in which the court found that the judicial review claim against the Ombudsman’s decision did not merit permission due to lack of prospect of success and being out of time; and CT (by his Litigation Friend the Official Solicitor) v Lambeth LBC (Mind intervening) in which the court determined that declarations by the lower court regarding CT’s capacity were erroneous as the statutory process was not followed. This week's highlights also include further updates on Healthcare, Social housing, Education, Governance, Children's social care, Social care and Planning.
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