Public Matters - August 2022

Welcome to our August edition of Public Matters, our monthly round-up of legal updates, news and insights for the public sector.

This month we have:

Public sector exits – your chance to input to HM Treasury consultation

This month, HM Treasury issued a consultation on Administrative Control Process for Public Sector Exits with draft guidance. They’re proposing to introduce an expanded approvals process for employee exits and special severance payments, and additional reporting requirements. If approved, the proposals will impact public sector bodies and those that do not have a specific right to make exit payments.

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Avoiding the pitfalls of WhatsApp

The use of social media platforms and applications can have overwhelmingly positive benefits for public bodies.

However, regulatory action recently taken by the Information Commissioner, has highlighted various pitfalls that public bodies should seek to avoid if allowing staff to use social media as a communication tool.

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Proposed reforms to the Pre-Action Protocols - and possible mandatory ADR gateway

In November 2021, The Civil Justice Council’s published its interim report on proposed changes to the current Pre-Action Protocols, which included a mandatory Alternative Dispute Resolution (ADR) gateway.

In this article we look at proposed reforms and consider what this could mean for your case.

Regeneration funding: Securing Compulsory Purchase Orders in the face of escalating building costs

The focus on the Levelling Up agenda and the availability of grant funding, means there are numerous important regeneration schemes actively being pursued across the country.

With ever escalating project and building costs, in many cases, applications that were made for grant funding were based on costs contingencies that have already been exceeded.

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Subsidies and Schemes of Interest/Particular Interest – Consultation response published

The Government has recently published its response to the consultation on Subsidies and Schemes of Interest and of Particular Interest under the Subsidy Control Act 2022.

In this article, our subsidy control experts discuss some of the key points coming out of the response, and their impact for public authorities.

Liberty Protection Safeguards

Deprivation of Liberty Safeguards was due to transition to Liberty Protection Safeguards in October 2020 but delayed due to the pandemic.

While the public consultation has now closed and we’re still unclear of what the final legislation and code will look like, it’s worth noting and keeping a watching brief.

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Dates for your diary

07 Sept - Building Safety Act webinar

04 Oct - Public sector exits consultation

05 Oct - EV charging points: contractual and liability issues to be aware of