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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

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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