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Obtaining authorisations for communications data for local councils—checklist

Obtaining authorisations for communications data for local councils—checklist STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. This Checklist is in the process of being updated to reflect the changes. This Checklist summarises the requirements on local authorities seeking authorisations to use surveillance powers under Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Investigatory Powers Act 2016 (IPA 2016). It should be read in conjunction with Practice Note: RIPA 2000 requirements RIPA 2000 requirements are: • prior authorisation of directed surveillance • prohibit the council from carrying out intrusive surveillance • authorisation of the conduct and use of a covert...

AML/CTF legal and regulatory regimes for financial services firms—timeline to 31 December 2023 [Archived]

AML/CTF legal and regulatory regimes for financial services firms—timeline to 31 December 2023 [Archived] This timeline outlines developments from 1 January 2019 to 31 December 2023 relating to the anti-money laundering (AML), counter-terrorist financing (CTF), and counter-proliferation financing (CPF) legal and regulatory regimes applicable to financial services firms—from a UK, EU and supranational perspective. For a timeline of UK developments from 1 January 2024, see: AML/CTF/CPF—timeline of UK legal and regulatory developments for financial services, and for a timeline of EU developments from 1 January 2024, see: AML/CTF/CPF—timeline of EU legal and regulatory developments for financial services. It shows the developments and implementation history of the European AML, CTF and CPF legislative framework, including progress of the EU’s revised AML/CTF package, and including Directive (EU) 2015/849 (MLD4) and Directive (EU) 2018/843 (MLD5), its implementation in the UK through the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 (2017 Money Laundering Regulations as amended (MLRs)), in addition to AML/CTF related developments from HM...

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Section 23 of the Local Government Act 1974 (LGA 1974), creates the role of the Local Government and Social Care Ombudsman (LGO) to investigate complaints of maladministration and/or service failure in relation to the following authorities:•any local authority including its members, officers or any committee or subcommittee (excluding town or parish councils)•combined authorities or any joint board for which the constituent authorities are all local authorities•a development corporation for the purposes of a news town or an urban development corporation•fire and rescue commissioners•school admission appeal panels•police and crime commissioners•a national park authoritySee Practice Note: Local Government and Social Care Ombudsman.What is Maladministration?LGA 1974 s 26, describes the matters that the LGO can investigate but does not define Maladministration in statute.Maladministration includes issues arising from:•an action or inaction•taken by or on behalf an authority subject to investigation, (see above for the authorities who can be investigated), and is•taken in the exercise of administrative functions of that authority, that•caused injustice to a member of the publicLGA 1974, s 26 sets out some of...

Maladministration—investigations and reports

This Practice Note discusses investigations and reports relating to maladministration, it should be read in conjunction with Practice Notes: Local Government and Social Care Ombudsman and ²Ñ²¹±ô²¹»å³¾¾±²Ô¾±²õ³Ù°ù²¹³Ù¾±´Ç²Ô—c´Ç³¾±è±ô²¹¾±²Ô³Ù²õ.InvestigationsThe Local Government and Social Care Ombudsman (LGO) has the same powers as the High Court with respect to the attendance and examination of witnesses and the production of documents.The LGO decides how the investigation should be conducted and can also appoint a mediator or other person to assist. Investigations must be done in private. They may involve obtaining evidence from complainants, third parties and authorities. They may also include interviews. The LGO can determine whether a person can be represented when providing evidence.OutcomesIf the LGO decides either not to investigate or to discontinue an investigation, a copy of a statement of reasons must be provided to all the persons concerned. The Local Government Act 1974, s 30 lists the persons concerned. They include the complainant and the local authority against which the complaint was made.If an investigation is completed, the LGO must prepare...

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Patent co-ownership agreement

Patent co-ownership agreement This Agreement is made on [insert date]. Parties 1 [Insert name of first co-owner of patent] [(Company Number [insert number])] [whose [registered office OR principal place of business] is at [insert address] OR whose address for service within the jurisdiction of the courts of England and Wales is [insert address]] (Party A); and 2 [Insert name of second co-owner of patent] [(Company Number [insert number])] [whose [registered office OR principal place of business] is at [insert address] OR whose address for service within the jurisdiction of the courts of England and Wales is [address]] (Party B). Each a Party and together the Parties as context dictates Background The Parties co-own the Patents (as defined below). The Parties wish to agree the terms on which the Patents will be protected, enforced, defended, commercialised and otherwise dealt with, all in accordance with the provisions of this Agreement. It is agreed as follows: 1 Definitions and interpretation 1.1 In this Agreement:...

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In disclosure of an investigation, if any communications and documents leading up to a serious untoward incident report have been requested, can the defendant rely on section 41(1) of the Freedom of Information Act 2000 to not disclose such information? If so, are there certain circumstances where this exemption does not apply and are there any arguments a claimant can put forward in response to the denial of disclosure?

In disclosure of an investigation, if any communications and documents leading up to a serious untoward incident report have been requested, can the defendant rely on section 41(1) of the Freedom of Information Act 2000 to not disclose such information? If so, are there certain circumstances where this exemption does not apply and are there any arguments a claimant can put forward in response to the denial of disclosure? Serious untoward incidents (SUIs) often involve interviewing staff and preparing witness statements, assessing all the documentation and the history and then preparing a chronology, a root cause analysis of how the error came to occur, and an action plan of changes to be made with a time frame. The main purpose of the SUI is to ascertain how the mistake has occurred, learn from it and prevent it from happening again. From a claimant solicitor's point of view, the SUI and report are an important stage of the investigation into a legal claim. All the documentation relating...

The trustee of a defined benefit pension scheme is in the process of winding up the scheme, having secured its liabilities with an insurer. The trustee has been subject to a number of complaints from former members, which have proceeded to the Pensions Ombudsman. Given current Pensions Ombudsman turn-around times for dealing with complaints, there is no certainty that the Ombudsman will deliver a determination prior to the trustee's deadline for winding-up the scheme. Is the trustee legally required to wait until the Pensions Ombudsman complaints have been resolved before winding-up the scheme? Are there any options open to the trustee to get comfort from the Pensions Ombudsman?

The trustee of a defined benefit pension scheme is in the process of winding up the scheme, having secured its liabilities with an insurer. The trustee has been subject to a number of complaints from former members, which have proceeded to the Pensions Ombudsman. Given current Pensions Ombudsman turn-around times for dealing with complaints, there is no certainty that the Ombudsman will deliver a determination prior to the trustee's deadline for winding-up the scheme. Is the trustee legally required to wait until the Pensions Ombudsman complaints have been resolved before winding-up the scheme? Are there any options open to the trustee to get comfort from the Pensions Ombudsman? The trustee should apply the scheme’s assets in accordance with the scheme’s winding up provisions and any overriding legislation which applies to the wind-up. In order to do that, the trustee will need to confirm the liabilities of the scheme so it can apply the assets (or the proceeds of disinvesting them) correctly towards discharging those liabilities. The aim, of course, should...

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DWP responds to PHSO report on communication of changes to women’s State Pension age

The Department for Work and Pensions (DWP) has acknowledged maladministration in its communication of State Pension age changes to women born in the 1950s, accepting the Parliamentary and Health Service Ombudsman's findings of a 28-month delay in writing to affected individuals. Despite this admission and an official apology, the government has declined to offer financial compensation. This decision is predicated on evidence suggesting that 90% of the affected women were aware of the changes by 2006, and that earlier letters would not have significantly altered outcomes. The government deems a compensation scheme, potentially costing up to £10.5 billion, as unjustifiable and impractical to implement fairly. Instead, it commits to supporting pensioners through the Triple Lock, projecting increases of up to £1,900 in State Pension by the end of the current parliament.

Local Government weekly highlights—12 December 2024

This week's edition of Local Government weekly highlights includes Government updates on preparations for Procurement Act 2023 go-live in February 2025 and the latest guidance documents for the Procurement Act 2023 published by the Cabinet Office. Case reports include the decisions in DF v Essex CC, challenging the refusal to provide a child accommodation; Simpson v NHS Mid & South Essex ICB, where the court dismissed a claim for judicial review against the NHS Integrated Care Board’s decision on continuing care; and Enfield LBC v Persons Unknown, where the court granted an interim injunction to prevent ‘car cruising’. This weekly highlights further includes updates on Healthcare, Social care, Social housing and Governance.