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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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Cripps—Radius Law

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Slater Heelis—Will Newman & Lucy Spilsbury

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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