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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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