I help my clients by challenging decisions
made by public bodies including the NHS and Social services through internal complaints procedures, appeals and where necessary, court action.
Those who believe a decision or action
taken by a public body has been unlawful should seek legal advice immediately.
In certain circumstances, a contract let
by a public body including schools will not be deemed to be a contract for the purposes of the public procurement regulations.
The British ICO is an independent authority set up to uphold information rights in the public interest, promoting
openness by public bodies and data privacy for individuals.
Decisions made
by public bodies very often have important and sometimes far - reaching consequences for those who are directly affected by them.
On November 13, 2013, Quebec's Minister of Justice, Bertrand St - Arnaud, tabled Bill 61, An Act mainly to recover amounts paid unjustly
by public bodies in relation to certain contracts in the construction industry in the national assembly.
There is a right to privacy in the workplace, which has been upheld by Canadian courts and must be
respected by public bodies as they consider what security controls are necessary to protect information in government networks.»
Engineers are calling on the government to encourage greater
use by public bodies of the Small Business Research Initiative (SBRI).
Importance: The decision highlights the dual purposes of freedom of information legislation: (i) access to records of public bodies to promote accountability; and (ii) protection of personal privacy by restricting the collection, use or disclosure of personal
information by public bodies.
But if drafting a document to be
reviewed by a public body is unpleasant — as Jefferson later found out — its converse is worse.
However, factors such as the increase in the discount rate, the legal funding regime and the sheer complexity of providing modern healthcare in an environment of financial challenge can not be managed
by public bodies acting in isolation.
Confidential information held
by public bodies for public purposes should be treated with the utmost care in accordance with statutory conditions, warns Nicholas Dobson
«A major policy
decision by a public body to replace an airport with a park should not be made based on secret, incomplete information,» Brown said in his letter.
The loan raised by Argentina in October 1998 in the financial centres of the North, guaranteed an interest rate of 15 %, or two and a half times that offered at the
time by public bodies in the North for their new loans.
Already there are concerns that materials promoting authentic marriage and its lifelong faithfulness may be banned from schools as they conflict with the somewhat oddly named «British values»
announced by public bodies.
In its analysis of administration cost savings
caused by the Public Bodies Reform programme, the National Audit Office (NAO) decided to exclude bodies associated with the Department of Health (the department subject to the largest administration cost changes), saying «the major reorganisation and transfer of functions between NHS bodies since 2010 made the analysis too problematic» (NAO 2014, p. 40).
What types of information should be included in publication schemes are not specified in the Act, and are
decided by the public bodies and the Information Commissioner - the regime's regulator.
Writing in the foreword, LAPG co-chairs Jenny Beck and Nicola Mackintosh QC (Hon) say: «People fleeing domestic abuse can not obtain the protection they need... Unlawful decision making
by public bodies goes unchallenged.
Public Bodies Orders (PBOs) are made using powers
delegated by the Public Bodies Act 2011, which permit ministers to abolish, merge or modify 285 public bodies as part of an exercise sometimes referred to as «the bonfire of the quangos».
They also argued that ministers should not have the power to impose taxation by statutory instrument, and that tertiary legislation (law made
by public bodies under powers conferred by ministers) must not be used to levy fees and charges.
Lord Dyson, the Master of the Rolls, held that the term «public expenditure» in section 9 Education Act 1996 bears its natural meaning, i.e. any expenditure
incurred by a public body, and it could not be restricted to expenditure in the provision of education.
Unfortunately, this case does not engage in an interpretation of section 40 (1)(ee) of the FOIP Act, the provision allowing disclosure to avert the risk of harm to minors or of an imminent danger to any persons, which could be relied
upon by public bodies in the social housing context where there are risks posed to health or safety due to domestic violence.
In the DPA context, Jonathan is currently
instructed by a public body to represent it in proceedings relating to a large - scale data breach.
Judicial Review is a way to appeal decisions made
by public bodies such as schools and Local Education Authorities.
(3) The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be
performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State.
The policy must specify, for persons requiring the services
dispensed by the public body, how the obligation to have one's face uncovered applies during the delivery of services.
The key outcome of the judgment is that the question of whether a disabled person who lacks capacity to consent to a
placement by a public body is deprived of their liberty in their particular living arrangements is an objective one, to be answered by reference to whether they are free to leave and how closely their movement and social interaction is controlled.
UK Halal certification bodies are not accountable or
supervised by any public body, and therefore consumers have little to go on beyond trusting the producers, says barrister John Pointing, of Statutory Nuisance Solutions.
Public Auditors check public audit including providing an opinion on the financial accounts or the procedures and policies of an organization for efficiency and accuracy
prepared by public bodies.
Construction Superconference (Canadian Institute)(Conference and publication), «La Loi sur les organismes publics,» (Conference on the Act respecting
contracting by the public bodies), November 2008.
The point is only to require the public body to properly justify its claims to privilege, and to provide some check on
abuse by a public body that claims privilege improperly or dishonestly.
Limited, sensible initiatives of this kind of this kind are not an Orwellian nightmare; but they only work properly if there is widespread trust in the way that personal information is
used by public bodies.
When fobbing off the job of drafting the Declaration of Independence to the then 33 - year - old Thomas Jefferson, Benjamin Franklin told him «I have made a rule, whenever in my power, to avoid becoming the [drafter] of papers to be
reviewed by a public body.»
With a specialist knowledge of human rights law, our team is particularly well - placed to act for clients who feel a decision
taken by a public body has infringed on their human rights.
Our expert Public Law & Human Rights solicitors have prepared a series of documents to help you navigate this tricky area of law and ensure that your and your family's rights are
respected by public bodies and the government.
Gypsies and Travellers are some of the most vulnerable members of our society and an inability to challenge an unlawful
decision by a public body may put them at a particular disadvantage.
The third party has been negligent in the performance of the exact service delegated to
him by the public body.
It is easy to understand why: employment — and dismissal —
by public bodies is bound up with statute and thus presents questions that are amenable to judicial review.
In this connection, Nova Scotia's Personal Information International Disclosure Protection Act (PIIDPA) also impacts on private sector organizations and employers who contract with a public body to provide services involving personal information transferred or made available to
them by that public body.
The decision
by a public body to take on such a case seems to come down to a judgement call on the cost of case, the utilisation of resources and the chance of a successful prosecution.