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01 October 2021 / Nicholas Dobson
Issue: 7950 / Categories: Features , Public
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Public law: putting policy into practice

59345
Nicholas Dobson reports on the lawfulness of public authority policies & guidance
  • Guidance in the Child Sex Offender Disclosure Scheme was lawful when it required the police to consider seeking representations from the subject if the application for disclosure raised relevant concerns (including where the subject has child sex offence convictions).

As the early 17th century proverb advises, honesty is the best policy. Marx would agree, asserting that: ‘The secret of life is honesty and fair dealing’. However, this being Groucho and not Karl, he added: ‘If you can fake that, you’ve got it made’.

But what is a policy in terms of government and other public authorities? The Oxford English Dictionary takes us into the ballpark, giving the usual sense as including: ‘A principle or course of action adopted or proposed as desirable, advantageous, or expedient; esp. one formally advocated by a government, political party, etc.’

The Supreme Court recently gave public authority policies some heavy-duty attention when considering the standards applicable by courts when judicially reviewing the contents of public authority policy documents or statements

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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