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The Practical impact of the Procurement Act 2023
– the challenges, the benefits and the legal lacunas

 

 

 

 

 

 

 

 

In the second of three articles for Local Government Lawyer on the Procurement
Act 2023 one year after it went live, Katherine Calder and Victoria Fletcher from
DAC Beachcroft consider some of its practical impact and implications, including
how to choose the right regime, how authorities are tackling the notice requirements,
considerations when making modifications, and setting and monitoring KPIs.

The Practical impact of the Procurement
Act 2023 – the challenges, the benefits
and the legal lacunas

 

 

 

 

Katherine Calder and Victoria Fletcher from DAC Beachcroft
consider some of its practical impact and implications,
including how to choose the right regime, how authorities
are tackling the notice requirements, considerations when
making modifications, and setting and monitoring KPIs.

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Weekly mandatory food
waste collections

 

 

 

 

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

Weekly mandatory food
waste collections

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

Slide background

The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.

The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.
Slide background

Service charge recovery
and the Building Safety Act 2022

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

Service charge recovery
and the Building Safety Act 2022

 

 

 

 

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

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Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

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Injunctions to restrain breaches of planning control

Mark O’Brien O’Reilly reports on a council’s successful application for a final injunction with both mandatory and restraining elements following unauthorised development in the Green Belt.
April 09, 2026
Injunctions to restrain breaches of planning control

Who bears the burden?

The High Court has confirmed the law on proving whether advertising consent has been obtained. Chris Jeyes considers the judgment.
April 08, 2026
Who bears the burden?

Lawfulness and applications for a CLEUD

The High Court has confirmed that lawfulness is to be determined as at the date of the application for a CLEUD. Jonathan Welch analyses the ruling.
April 08, 2026
Lawfulness and applications for a CLEUD

The Cardiff Airport subsidy control ruling

The UK’s first aviation Subsidy Control case has been decided in favour of the Welsh Government. Alexander Rose considers the key elements of the Competition Appeal Tribunal's decision for public sector lawyers advising upon Subsidy Control matters and explores whether this case…
April 08, 2026
The Cardiff Airport subsidy control ruling

White Paper on SEN reforms: some lessons from the current Welsh SEN system

Martha Glynn, Benjamin Deery and Heather Burrows of SV Law explore some of the most potentially impactful proposals in the Government’s White Paper on SEN reforms and provide insights derived from working within an arguably analogous policy framework in the current Welsh SEN…
April 08, 2026
White Paper on SEN reforms: some lessons from the current Welsh SEN system

Greyhound racing and the separation of powers

A recent judgment from the Administrative Court in Wales contains several points of interest for constitutional and public law practitioners, writes Ian Rogers KC.
April 07, 2026
Greyhound racing and the separation of powers

The Hillsborough Law Bill: implications for public bodies

Fiona Scolding KC considers the practical steps that public bodies will need to take in order to ensure they comply with the new duties set out in the Hillsborough Law Bill.
April 02, 2026
The Hillsborough Law Bill: implications for public bodies

Dispensing with notice to father

It is vital that those representing local authorities or vulnerable parents understand the evidentiary threshold and procedural safeguards surrounding applications to dispense with notice to a father in child protection proceedings, writes Daniel Sheridan.
April 02, 2026
Dispensing with notice to father

Court of Protection case update April 2026

Lamis Fahad and Caitlin Smithey round up the latest Court of Protection judgments of interest to practitioners.
April 02, 2026
Court of Protection case update April 2026

The new PD27A: a step change in Family Court bundle and document management

Ashley Lord breaks down the revised Practice Direction 27A, which is now in force, marking a major shift in how bundles are managed across the Family Court. The update brings stricter rules, clearer structure, and a strong emphasis on high‑quality e‑bundles.
April 02, 2026
The new PD27A: a step change in Family Court bundle and document management

The ERA – Benefits and Working Conditions

Catrin Mills and David Leach provide an overview of the key changes within the Employment Rights Act to workplace benefits and working…
Apr 01, 2026
The ERA – Benefits and Working Conditions

Asylum hotels, overcrowding and the HMO rules

A recent High Court judgment on asylum hotels has given guidance on adequacy, overcrowding and the HMO rules. Ben Amunwa examines the…
Apr 01, 2026
Asylum hotels, overcrowding and the HMO rules

Defective but not fatal

Craig Leigh looks at the Court of Appeal case of Duffy v Birmingham City Council, which involved an underlying housing conditions claim,…
Mar 31, 2026
Defective but not fatal

Intervention: the Monitoring Officer’s view

The views of Monitoring Officers must be considered when finding lessons we can learn from intervention, writes Dr Paul Feild.
Mar 26, 2026
Intervention: the Monitoring Officer’s view

The role of the backbench councillor

Backbench councillors in local authorities with a Leader/Cabinet model are often regarded as having little or no power to influence or take…
Mar 26, 2026
The role of the backbench councillor

FOI and information held on computer systems

Do public authorities ‘hold’ all information on their computer systems? Conor Monighan analyses a recent Upper Tribunal ruling.
Mar 26, 2026
FOI and information held on computer systems

Correcting mistakes in public decision making

David Blundell KC and Hafsah Masood analyse a significant Court of Appeal decision on incidental powers in public law.
Mar 26, 2026
Correcting mistakes in public decision making

The powers of exclusion panels

On 5 March 2026, the High Court gave judgment in a case concerning two permanent exclusions. The judgment provides detailed consideration…
Mar 18, 2026
The powers of exclusion panels

Mar 18, 2026

Removal from kinship care

A Family Court judge recently decided that a local authority’s removal of a six-year-old boy from his aunt’s care was wrongful. Eleanor…
Mar 18, 2026

Navigating the expansion of foster care

Sarah Erwin-Jones looks at the risks, opportunities and strategic solutions for local authorities when it comes to expansion of foster care.
Mar 13, 2026

Adoption vs long-term fostering

The Court of Appeal has dismissed an appeal by a local authority over a judge’s decision to refuse to make a placement order at the…
Mar 13, 2026

Care leavers and redaction of records

Is redaction of records necessary for privacy, or a cause of harm and frustration? Peter Garsden of the Access to Care Records Campaign…
Mar 13, 2026

Planning appeals and costs awards

Christopher Moss covers a recent judgment in which the Court of Appeal considered whether a Local Planning Authority had behaved…
Mar 12, 2026

The latest Sizewell C JR

The Court of Appeal recently refused permission to appeal in the latest Sizewell C judicial review, with the application certified as being…
Mar 06, 2026

Disclosure to the DBS

The High Court recently ordered a local authority to disclose to the Disclosure and Barring Service (DBS) findings made by the Family Court…
Mar 05, 2026

Housing case alert - February 2026

Tim Pearl, Tom Bradbury and Sumi Begum round up the latest housing law judgments of interest to local authorities and housing associations.
Feb 27, 2026

Book review: “Reforming lessons”

Geordie Cheetham and Satnam Virdi review “Reforming Lessons: Why English Schools Have Improved Since 2010 and How This Was Achieved” by…
Feb 26, 2026

Transparency in FII cases

In a recent case Mrs Justice Lieven dealt with Transparency Orders in care proceedings. Graeme Bentley analyses the ruling.
Feb 25, 2026

Court documents and AI

Tom Whittaker summarises the key points from a Civil Justice Council consultation on use of AI in preparing court documents, including…
Feb 25, 2026

What is an Officer?

Geoff Wild considers what exactly is an 'officer' of a council and explores the complex rules that surround their appointment and dismissal.
Feb 24, 2026

2026 in construction: a look ahead

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A Welsh white leopard?

Alex Ruck Keene KC (Hon) looks at a recent case where litigation capacity in the absence of subject-matter capacity was revisited.
Feb 18, 2026

Conversion to an ‘empty’ MAT

Gerry Morrison considers the legal, governance and practical implications of Franklin Sixth Form College’s conversion to an ‘empty’…

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Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

The Department for Education has called on directors of children’s services to review the processes for recruiting adopters to ensure their councils are compliant with the legislative framework on who can adopt.

In a letter to directors, Michelle Donelan, Parliamentary Under-Secretary of State for Children and Families, said that directors should also ensure that “all front line social workers understand what the law says and operate properly within it”.

The call came as the Department for Education issued new guidance, saying it wished to see a renewed focus on adoption by all local authorities.

Donelan wrote: “We are determined to see adoption pursued whenever it is in a child’s best interests and to develop a fully regionalised system where all children are matched with adoptive parents without undue delay.

“We also want to ensure adoptive families receive ongoing support from the moment their child is placed with them and throughout their childhood.”

The letter said the latest data showed that there had been a decline in the overall number of adoptions for the last four years, and that one of the reasons was that there were more children waiting with a placement order than approved adopters.

“There is therefore a need to recruit more adopters,” Donelan said. “We have hear [sic] from prospective adopters that some have been put off from going through the approval process by agencies because, despite the law being clear that they are eligible, they are told that they are not suitable, e.g. they are too old; single; have never had children etc.”

A communication sheet “Who can Adopt – The Facts” is attached to the minister’s letter that can be used in councils’ adopter recruitment websites and materials. This covers areas that are consistently cited as reasons why adopters are wrongly turned away.

Donelan said: “The statistics show that black children are significantly less likely to be adopted than other children, mainly because there are insufficient Black, Asian and Minority Ethnic (BAME) adopters being recruited. Of course it is not only BAME adopters who can adopt BAME children and, when matching a child and prospective adopters, agencies should not prioritise trying to find the ‘perfect’ ethnic match.”

The minister added that recent press coverage about a court case had again brought this issue to the fore.

She said: “The law is clear that adoption agencies must have regard to the child’s characteristics, but this should not exclude anyone from coming forward to adopt, nor matching them with a child who is not of the same ethnicity."

Donelan therefore made her call for a review of processes and an improvement in social workers’ understanding.

In the letter the minister also urged directors of children’s services “not to shy away from putting children forward for adoption where you think it would be in their best interests”.

This was after the latest figures also showed a decline in the numbers of children where the assessment showed that adoption was the right permanence option. There had also been a decline in the making of placement orders by courts.

Donelan said: “The reasons for this will be mixed and the data shows there is a lot of variation in local permanence decision making. We understand that some local authority decisions may be influenced by local court responses to previous applications and this could mean some children missing out on the benefits of adoption. However, this alone would not account for the decline in best interest ADM decisions over several years.”

Regional Adoption Boards have been asked to consider why ADM decisions (decisions made by local authorities to put a child forward for adoption) had decreased in each of the last four years and how to achieve greater consistency on permanence decision making across local authorities within their region.

The minister meanwhile stressed that the Government’s commitment to having all local authorities working through a regional adoption agency (RAA) remained. The DfE and the Adoption and Special Guardianship Leadership Board will continue to support and challenge local authorities to join an RAA during 2020.

Education Secretary Gavin Williamson said: “Adoption can transform the lives of children waiting in care for a permanent, loving home. I applaud the hard work and commitment of the social workers who dedicate themselves to giving children the kind of home environment that many of us take for granted and urge them not to shy away from putting children forward for adoption.

“As long as adoptive parents can offer love, care and the stable home every child in care deserves, I want them to be considered. This government will continue building on the increased support we are giving new adoptive families by making it clear to every council that if they think it is in the best interest of the child, I will back them 100% in recommending adoption.”

The DfE said the latest data showed that of the 2,700 children waiting for adoption, almost 40% had waited over 18 months - of these, 24% were from BAME backgrounds.

Responding to the DfE’s announcement, a Local Government Association spokesperson said: “Councils share the Government’s ambition to make sure that children in care have stable, loving homes, including through adoption where appropriate, however we don’t believe that any one form of permanence is superior to others. What is most important is that children’s needs and their voices are at the centre of any decision made about their futures.

“Whichever option is best for a child, it is vital that all parts of the system are working well together, from councils and adoption agencies to the family courts, and we are keen to work with the Government to make sure this operates as well as it should.”

The spokesperson added: “Councils have long welcomed applications from people of all backgrounds who are interested in adoption, and will continue to support those who are able to provide a loving, stable home for a child in care.

“Additional funding for Regional Adoption Agencies to recruit prospective adopters is good news, as is the extension of the Adoption Support Fund which has helped so many families. We urge the Government to also consider investing in the recruitment and support of foster carers to make sure that we have the most suitable placements available for all children.”

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