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Welcome to Sharpe Edge, Sharpe Pritchard’s local government legal hub on Local Government Lawyer. Sharpe Edge features news, views and analysis from our team of specialist local government lawyers, working at the heart of the latest legal developments. Operating at the forefront of local government law, our team is well-placed to cut through the complexities to equip you with the key points you need to know. We trust you’ll find this an invaluable resource to aide your practice and interact with our team of experts. If you have any questions or queries, or would like to instruct, please don’t hesitate to get in touch |
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OUR LATEST ARTICLES
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Jul 03, 2025
IPA guidance 2025: Managing PFI distress and preparing for expiry
Aanya Gujral and David Owens dive into the recent guidance published on managing the risks associated with Private Finance Initiative (“PFI”) projects.
Jul 03, 2025
Data (Use and Access) Act – Updating Data Protection Law and more
On the 19th June 2025, the Data Use and Access Bill (“DUA Bill”) received Royal Assent to become the Data Use and Access Act 2025 (“DUA Act”).
Jun 24, 2025
Modifying subsidies: What is permitted and what is not?
Beatrice Wood and Oliver Slater explore recent developments and discuss the process of awarding subsidies.
Jun 24, 2025
Getting new PPP right: Smarter tools for smarter infrastructure
Nicola Sumner, Steve Gummer and Roseanne Serrelli discuss the 'dos and don'ts' of Public-private Partnerships in their new form.
Jun 19, 2025
Zones/RABs and heat networks: The path to an investible infrastructure asset class?
The UK’s new heat network zoning framework (the outlines for which were drawn by the Energy Act 2023) is set to redefine how low‑carbon heating is delivered by creating geographic zones, where district heat networks are the mandated, optimal solution.
Jun 17, 2025
Partial debt guarantees- Reviving Investment in UK Water Infrastructure
Is it Time for a Public Sector Major Infrastructure Debt Guarantor?
Jun 10, 2025
Court gives clarity on consultations : R (The National Council for Civil Liberties) and others v The Secretary of State for the Home Department
Chloe Woodward and Joe Walker discuss a recent judgment on when engagement with third parties constitute a formal consultation and must therefore adhere to case law on being 'run fairly'.
May 27, 2025
URS Corporation Limited v BDW Trading Limited [2025] UKSC 21 – Supreme Court hands down significant judgment for the construction industry
Helen Arthur explores a recent Supreme Court judgment on building safety in high-rise buildings, explaining what the decision means for defects claims.
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ABOUT SHARPE PRITCHARD
We are a national firm of public law specialists, serving local authorities, other public sector organisations and registered social landlords, as well as commercial clients and the third sector. Our team advises on a wide range of public law matters, spanning electoral law, procurement, construction, infrastructure, data protection and information law, planning and dispute resolution, to name a few key specialisms. All public sector organisations have a route to instruct us through the various frameworks we are appointed to. To find out more about our services, please click here.
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Features
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June 18, 2025
Producing robust capacity assessments and the approaches to assessing capacity
Lynette Wallace looks at the lessons from a recent Court of Protection ruling on capacity.
May 22, 2025
Disability discrimination and proportionality in housing management
The High Court recently upheld a possession order against a tenant who is a hoarder, rejecting a submission that the first instance judge's conclusion that the social landlord had acted proportionately was wrong. John Murray sets out the lessons from the case.
May 21, 2025
Cross-border deprivation of liberty
A senior Court of Protection judge recently rejected an application by a Scottish local authority for recognition and enforcement of a guardianship order made in Scotland. The Court of Protection team at 39 Essex Chambers analyse the ruling.
May 21, 2025
Dealing with unexplained deaths and inquests
Narin Masera sets out some key considerations for local authorities when dealing with an unexpected death.
May 21, 2025
Court of Protection case update: May 2025
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
Features
Webinars
Avoiding local government failure – the changes needed by the sector to safeguard against failure
In the final episode in our three-part series looking into local government governance, Partners Amardeep Gill and Scott Dorling conclude their conversation with Professor Catherine Staite, Professor of Public Management at the University of Birmingham, by discussing the changes that need to happen in order to better protect the sector from future failures.
Sponsored articles
What is the role of the National Trading Standards Estate & Letting Agency Team in assisting enforcement authorities?
Robert Brown, Principal Solicitor at Powys County Council, recalls joining the National Trading Standards Estate & Letting Agency Team (NTSELAT) and explains how the team can help legal officers in enforcing their council's statutory duties.
Webinars
Is Omeprazole the new EDS?
Innocent explanations for allegations of inflicted or non-accidental injury: Tina and Kate discuss the dark corners of medicine, science, the unknown unknowns and the wider canvas.
More features
Local authority constitutions and the right of councillors to vote
The Supreme Court has handed down a landmark ruling on the lawfulness of a provision in a local authority's constitution which restricted voting by members on deferred applications for planning permission to those who had been present at the meeting or meetings at which the application had previously been considered. Philip McCourt set out the key points from the judgment.
Thinking ahead
Philip McCourt and Kirtpal Kaur Aujla comment on the contractual and commercial tasks ahead for local government reorganisation.
Understanding the Local Authorities (Functions and Responsibilities) (England) Regulations 2000
Ella Royle and Richard Barlow examine the role played by The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 in governance in local government.
Approaching the pre-election period
Ahead of the May 2025 elections, Geoff Wild provides guidance for officers and members on the "dos and don'ts" during the pre-election period (‘‘purdah’).
AI in Local Government
Ibrahim Hasan looks at the legal issues that must be navigated around the use of AI in local government.
Raising the standard - or a missed opportunity?
Matt Lewin reflects on the Government’s consultation on reforms to the standards and conduct framework.
Navigating the devolution revolution: A guide for local authorities
Since the English Devolution White Paper was published in December 2024, the first tranche of councils have taken initial steps towards local government reorganisation. Laura Hughes explains what has happened so far and what all local authorities need to be considering.
Disqualification as an elected member
Geoff Wild provides a timely update on what disqualifies someone from being an elected member.
Five challenges facing local government in 2025
Local government is facing a complex and shifting operational landscape, shaped by ongoing budgetary pressures, ambitious policy objectives, and new legislative frameworks. Lawyers from the Government & Public Services team at TLT identify their top five challenges for 2025 and offer some thoughts on the best approach to tackling them.
Member and officer indemnities
Geoff Wild sets out the key considerations when it comes to member and officer indemnities.
A strengthening of the member conduct regime in England?
Simon Goacher sets out the key findings we can take from the government's published consultation.
The White Paper – new organisations and new rule books to come
In the second in a series of articles on the English Devolution White Paper, Philip McCourt looks at the establishment of new councils and the drafting of their constitutions.
Navigating the future: A consultative approach to local government funding reform
Peter Ware considers the Government’s proposed approach to local authority funding reform through the local government finance settlement from 2026-27.
‘All hail the Mayor’
Philip McCourt sets out some key considerations arising out of the English Devolution White Paper.
Devolution: the opportunities and the challenges
The Government’s proposals for reorganisation of local authorities in England are broadly welcome, writes Simon Goacher.
Bold ambitions
Amardeep Gill and Paul McDermott analyse the government’s English Devolution White Paper.
Mind the gap(s)
Lottie Winson speaks with the Local Government and Social Care Ombudsman, Amerdeep Somal, about her plans to address “accountability gaps”, challenges within the Special Educational Needs and Disabilities (SEND) system, and the key findings and recommendations of the Ombudsman’s recently published Triennial Review.
Complying with the Public Sector Equality Duty
In his latest bulletin for monitoring officers, Geoff Wild looks at how local authorities should approach the public sector equality duty.
Changes in death certification
V. Charles Ward examines recent changes to death certification following the statutory adoption of the medical examiner system, and outlines their implications for local authorities.
A new code of conduct for directors
Peter Ware examines how the Institute of Directors’ new code of conduct for directors might be useful for local authority companies.
How virtual meetings are shaping local democracy
A clear legislative framework in relation to virtual meetings will help ensure clarity and fairness, writes Ed Hammond.
Addressing the challenges and opportunities in local government reform
It seems increasingly clear that the Government will propose a major overhaul of local government. Amardeep Gill looks at the potential changes and sets out some key considerations.
The public law duty to consult
In his latest article, Geoff Wild considers the key aspects of the public law duty to consult.
Government Legal Risk Matrix updated
Alexander Rose, Colin Murray and Jonathan Branton examine the recent changes made to the Government Legal Risk Matrix.
Proposed Law Commission reforms to free up grave space
The Law Commission is seeking to reform the law of burial in England and Wales, which it says is “piecemeal, complex and outdated”. V. Charles Ward looks at the background to the proposals ad whether they go far enough.
From asylum seeker to monitoring officer
Former Corporate Director and Monitoring Officer of Brighton and Hove City Council Abraham Ghebre-Ghiorghis speaks to Lottie Winson about his 37-year career at the authority, his role as the “conscience of the organisation”, and his journey into law as an asylum seeker from Eritrea.
Members' interests, bias and pre-determination
In his latest article Geoff Wild seeks to clarify when it is appropriate for members to declare interests (and when it is not) and what the consequences are of doing so.
Disclosure of confidential information
Geoff Wild looks at the receipt of confidential information by members and the issues around its potential disclosure.
The future of devolution under Labour
Amardeep Gill and Louise Kavanagh consider the future of devolution under Labour, and specifically what this could mean for regions within England.
From the Twin Pillars to the Golden Triangle – a balancing of the powers
In a recent article Paul Feild expressed concern that the LLG, CIPFA and Solace’s 2024 Code of Practice on Good Governance for Local Authority Statutory Officers places onerous obligations on the Monitoring Officer without consideration as to how they might deal with them. Philip McCourt, who drafted the Code, responds to those concerns and says its publication presents an opportunity to lobby for structural change.
More features
Provision of same-sex intimate care
A recent judicial review decision found that there is no duty to provide same-sex intimate care. Ros Foster examines the case.
Court of Protection case update: April 2025
Niamh Brennan rounds up the latest Court of Protection rulings of interest to practitioners.
High Court guidance on Article 3 engagement in care at home cases
David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.
‘Stitch’, capacity and complexity
Alex Ruck Keene KC (Hon) examines a High Court judge’s masterclass in capacity determination.
Issuing proceedings in best interests cases
Katie Viggers, Mark Barnett and Hannah Khan set out four key takeaways for Integrated Care Boards from a recent case where a senior judge stressed the “crucial significance” of issuing proceedings promptly in a best interests case.
Court of Protection case law update: March 2025
Sarah Hutchinson analyses two recent Court of Protection rulings of interest to practitioners.
The Health and Social Care (Wales) Bill Series – Regulation and Inspection of Social Care
How does the Welsh Government intend to reform the regulation and inspection of social care in Wales? Luke Williams and Eve Piffaretti look at the latest developments.
The Health and Social Care (Wales) Bill Series – Direct Payments for NHS Continuing Healthcare
Will individuals in receipt of NHS Continuing Healthcare soon be able to opt for Direct Payments? Eve Piffaretti and Luke Williams set out the Welsh Government’s proposals.
What is the right approach to Care Act assessments?
The High Court has provided guidance on the five stages of a Care Act assessment and on the meaning of accommodation-related care and support needs. David Lawson and Katherine Hampshire analyse six key points arising from the judgment.
Disabled people in immigration bail: the duties of the Home Office and local authorities
The High Court has ruled that the Home Office has been systemically failing to provide safe and suitable accommodation to disabled applicants, and has given guidance on the interaction between Schedule 10 accommodation and the Care Act 2014. Stephanie Harrison KC, Nadia O’Mara and Isaac Ricca-Richardson analyse its findings.
Capacity, insight and professional cultures
Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.
Court of Protection update: February 2025
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
Setting care home fees
The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.
Could this be the end for local authority-provided residential care?
Mike Clifford discusses the trend of local authorities selling or closing their residential care facilities and what it means for the future of adult social care.
“On a DoLS”
Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
It’s all about the care plan
A couple of recent Court of Protection cases illustrate two key themes, writes Sarah Erwin-Jones. They are that the care plan is king – get that clear first, and that openness, transparency and compliance with court directions is essential for local authorities.
Court of Protection case update: January 2025
Sarah Hutchinson rounds up the latest Court of Protection judgments of interest to practitioners.
Mental capacity and expert evidence
The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.
Best interests, wishes and feelings
Alex Ruck Keene KC (Hon) looks at a recent Court of Protection ruling that provided a worked example in an imperfect world.
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Alex Ruck Keene KC (Hon) analyses the latest Court of Appeal judgment to consider the issue of capacity to engage in sexual relations.
Court of Protection Update - December 2024
Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.
Fluctuating capacity, the “longitudinal approach” and practical dilemmas
David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.
Capacity and civil proceedings
Holly Tibbitts examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.
Recovering adult social care charges via insolvency administration orders
Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one.
Court of Protection case update: October 2024
Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.
Communication with protected parties in legal proceedings
Abby Watson provides practical tips on how representatives of protected parties can enhance communication, and prepare them for judicial visits.
The way forward for CQC – something old, something new….
Carlton Sadler and Siwan Griffiths look at the principal findings of the Dash and Richards reports into the Care Quality Commission and the Single Assessment Framework.
The Ombudsman, DoLS and triaging – asking the impossible?
Alex Ruck Keene KC (Hon) examines a recent Ombudsman report following a complaint about the Deprivation of Liberty Safeguards authorisation process.
Outsourcing and the Human Rights Act 1998 – the consequences
Alex Ruck Keene KC (Hon) analyses a recent High Court case that considered the Human Rights Act in relation to outsourced care.
Commissioning care and support in Wales: new code of practice
The Welsh Government has published a new Code of Practice which came into effect on 1 September and applies principles and standards to the commissioning of care and support services by local authorities, local health boards and NHS trusts in Wales. Emma Watt looks at the details.
Claimant wins judicial review challenge over “unlawful” level of Care Act support
- Details
An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.
Supreme Court agrees to hear dispute between councils over responsibility for s.117 aftercare services
- Details
The Supreme Court has granted Worcestershire County Council’s application for leave to appeal in a high-profile case concerning the proper approach to the determination of ordinary residence for the purposes of section 117(3) of the Mental Health Act 1983, where a person has been detained in hospital for treatment on more than one occasion.
Council to pay £10k after Ombudsman investigation finds visually impaired woman left without support
- Details
An investigation by the Local Government and Social Care Ombudsman has found that Leicestershire County Council left a visually impaired woman without the day-to-day support she needed for 21 months.
Deputy High Court judge calls for non-means assessed legal aid for parents involved in deprivation of liberty proceedings
- Details
There is a compelling case for parents involved in deprivation of liberty proceedings to be treated the same as respondents in care proceedings when it comes to the provision of legal aid, a Deputy High Court Judge has said.
City council to refund 11 years of care home top-up fees to family following Ombudsman investigation
- Details
An investigation by the Local Government and Social Care Ombudsman has concluded that a family should never have been charged for 11 years’ worth of care home top-up fees for their mother’s care.
Councils welcome reported delay in introduction of £86k cap on adult social care
- Details
Councils have welcomed reports that the Government is considering delaying charging reforms to adult social care in England, including the introduction of a £86,000 cap on care and a more generous means-test.
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Case Law Update
The final say
The Court of Protection has provided an important reminder that it is the judge who has the final say as to best interests, writes Alex Ruck Keene KC (Hon).
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Events
Events
Institutional landlord series: Service and Notices – from Possessions to Injunctions and Requests for Access - 5 Pump Court
16-07-2025 4:00 pm
Online (live)
To establishing whether Material Changes of Use have occurred - Ivy Legal Training
18-07-2025 9:30 am
Online (live)
A-Z Family Law: Take Two! - 42 Bedford Row 
Executive Programme in Public Procurement Law and Policy - University of Nottingham 
Business and Property Masterclass #5: Interim Relief – Acting urgently and getting it right - Cornerstone Barristers
10-09-2025 11:00 am
Online (live)
Property Law Roadshow 2025 - Bristol - St John's Chambers 
CUBAS Comprehensive Training & Licencing (Manchester), September 2025
Business and Property Masterclass #6: Rights of Light and Restrictive Covenants - Cornerstone Barristers
23-09-2025
Online (live)
AI in the Public Sector Conference - Westminster Insight 
Activism in the Workplace - 42BR Barristers Employment Law Annual Lecture 
DoLS Authoriser Training - LPS Law 
Property Law Roadshow 2025 - Cardiff - St John's Chambers
Institutional landlord series: Possession – High Court Enforcement - 5 Pump Court
22-10-2025 4:00 pm
Online (live)
Institutional landlord series: Costs Recovery and Legally Aided Parties - 5 Pump Court
05-11-2025 4:00 pm
Online (live)
Annual Fraud Conference 2025 - Oxford Investigation Service 
HMPL Building Blocks: Tenancy Management – Assignment, Mutual Exchange and Succession - Devonshires
12-03-2026
Online (live)
Unpicking the Procurement Act Episode 2: Exclusion and Debarment - 39 Essex Chambers
On Demand
Online (pre-recorded)
Unpicking the Procurement Act Episode 1: Overview and New Procedures - 39 Essex Chambers
On Demand
Online (pre-recorded)
Unpicking the Procurement Act Episode 3: Contract Modification - 39 Essex Chambers
On Demand
Online (pre-recorded)
Unpicking the Procurement Act Episode 4: Challenges and Remedies - 39 Essex Chambers
On Demand
Online (pre-recorded)
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