Podcast Location:
Download it here [file size: 34.3 MB]
Categories:
Governance & Service Provision
CPD Points:
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to explore the issues that surround the challenge to the decisions of local authorities in a pre and post Localism Bill world. It aims to explore what a local authority is, the scope of the current law on judicial review and the impact of recent legislative developments to the judicial review jurisdiction including the Human Rights Act and Equality Act. The podcast also discusses what impact a general power of competence for local authorities might have on our well developed administrative law principles.

Outcomes:
After completing the course you will:
  • Understand the difficulty in defining precisely what a local authority is;
  • Understand the proposals for a general power of competence for local authorities and what this might mean;
  • Be aware of the existing law on the nature of public powers and the scope for decision making;
  • Understand the impact of the new public sector equality duty on decision making;
  • Be aware of a potential tension between the effect of the Localism Bill and the Equality Act 2010 for local authorities;
  • Understand the potential for a change in the nature of judicial review to a greater oversight of the merits of a particular decision;
  • Be aware of the challenges facing local authorities when seeking to insulate themselves from judicial challenge.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Localism Bill (2010-11);
  • Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] EWCA Civ 1;
  • Attorney-General v Crayford Urban District Council [1962] Ch 575;
  • Local Government Act 2000;
  • Planning Act 2008;
  • Local Government Act 1972;
  • R (on the application of) Carlton-Conway v London Borough of Harrow [2001] EWHC Admin 873.
Tags:

This podcast is about the scope for judicial challenge to the decisions of local authorities. While many practitioners will be familiar with the concept of judicial review, the future of this jurisdiction may be about to change significantly if government proposals for a general power of competence come about. This podcast explores some of the issues that might arise in reconciling the opposing tensions that may come to exist in the way local government behaves.

Podcast added: 12/09/11

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