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Privacy notices—what information to include—checklist

Privacy notices—what information to include—checklist In brief In summary, UK data protection law is intended to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To help ensure that, the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) regime imposes a large number of obligations on those ‘processing’ personal data, and on the controllers of such processing, when they are in the scope of the UK GDPR regime. The UK GDPR also grants rights to those whose personal data is processed (the ‘data subjects’). ‘Processing’ includes doing almost anything with personal data, including storing, sharing, deleting or using it. It is virtually impossible to operate a business or other organisation without processing personal data. Among other things, the ‘controllers’ of personal data processing are required to provide certain information to data subjects, such as to ensure they know why their personal data is being collected, how it is being used, who it is being shared with, and their own...

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Education tracker 2021 [Archived]

Education tracker 2021 [Archived] This Lexis+® UK Local Government future Education tracker 2021 [Archived] contains a historical record of current awareness, consultations legislations and developments tracked by the Education tracker covering the entire spectrum of education from early years foundation stage (EFYS) to further and higher education during the year 2021. As soon as news, consultations and other developments cease to be current, they are archived in the Education tracker archive. Secondary legislation is archived two months after it is in force. Cases and primary legislation are archived 12 months after coming into force or after judgment is handed down. See: Education tracker 2020 [Archived], Education tracker 2019 [Archived], Education tracker 2018 [Archived], Education tracker 2017 [Archived] and Education tracker 2016 [Archived]. For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Consultations and developments of interest • Cases Coronavirus (COVID-19) To keep up-to-date with guidance and content relating to the impact of COVID 19...

Case tracker—2023 pensions judgments—by date

Case tracker—2023 pensions judgments—by date This tracker contains a list of significant pension judgments handed down in 2023 organised by date. The entries can be navigated via the Table of Contents to the left of the page. Note that pensions judgments handed down by the General Regulatory Chamber (GRC) of the First-tier Tribunal (FTT) and Upper Tribunal (UT) in 2023 that specifically relate to appeals against decisions of the Pensions Regulator for breach of automatic enrolment duties are listed in a separate tracker — please see: Case tracker—2023 auto-enrolment pensions judgments—by date. For a list of significant pension judgments handed down in 2023 organised by topic, see: Case tracker—2023 pensions judgments—by topic. December 2023 There were no significant pension judgments handed down in December 2023 (but there were several pensions judgments handed down by the General Regulatory Chamber (GRC) of the First-tier Tribunal (FTT) in December 2023 that specifically relate to appeals against decisions of the Pensions Regulator for breach of automatic enrolment duties — see: Case tracker—2023 auto-enrolment pensions...

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If a residential tenant lacks mental capacity, how should a landlord serve a valid notice to quit or notice seeking possession on that tenant?

If a residential tenant lacks mental capacity, how should a landlord serve a valid notice to quit or notice seeking possession on that tenant? Under section 1 of the Mental Capacity Act 2005 (MCA 2005) there is a presumption that a person has capacity unless proved otherwise. The test as set out in MCA 2005, s 2 asks whether the person has an impairment or disturbance in the functioning of the mind or brain, whether temporary or permanent, and whether the person is unable to make the decision in question because of that impairment. The question of capacity is specific to the decision in question. Under MCA 2005, s 3, a person is considered to lack capacity if they are unable to understand the information relevant to the decision, to retain that information, to use or weigh that information as part of the process of making the decision, or communicate the decision. The service of a notice to quit, notice seeking possession, or section 21 notice...

In what circumstances might a local authority no longer consider land to be of community value, for the purposes of removing an entry from the list under the Assets of Community Value (England) Regulations 2012, reg 2?

In what circumstances might a local authority no longer consider land to be of community value, for the purposes of removing an entry from the list under the Assets of Community Value (England) Regulations 2012, reg 2? Pursuant to section 88 of the Localism Act 2011 (LA 2011), a piece of land or property in a local authority's area can be listed as an asset of community value (ACV) if in the opinion of the authority— '(a) an actual current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community, and (b) it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community.' The effect of a property being listed as an ACV is that when that listed asset comes up for sale, a...

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Challenge against review decision of the Education Tribunal for Wales (R (on the application of Swansea City Council) v Educational Tribunal for Wales)

Local Government analysis: In Swansea City Council (‘SCC’) v Education Tribunal for Wales (‘ETW’) and another, SCC sought to judicially review a review decision made by the ETW to the Upper Tribunal (‘UT’) regarding a special educational needs statement (‘SEN statement’) for a child. SCC argued it was incorrect for the ETW to set aside its original decision and order a fresh hearing. The UT dismissed the claim for judicial review. The UT determined that the correct route for challenging a review decision was via a statutory appeal rather than judicial review, based on AB v Newport City Council. Judicial review is meant to a be a remedy of last resort. However, as the parental appeal, that had triggered the ETW’s jurisdiction, had been withdrawn, the appeal of the review decision was academic and so permission to appeal to the UT was refused and the judicial review claim dismissed. Written by Trish D’Souza, legal director at Browne Jacobson LLP.

Family weekly highlights—6 February 2025

This week's edition of Family weekly highlights includes details of guidance from the Family Justice Council for legal practitioners working with neurodivergent users of the family justice system, additional funding for the pathfinder courts pilot scheme and the extension of the family mediation voucher scheme. Recent judgments including the Court of Appeal’s decision to reverse the anonymisation of family court judges, consideration of overseas adoption and maintenance pending suit and legal service payment orders are also considered. Three new Practice Notes on financial provision for children over 18 are also set out.