UK bus privatisation breached basic rights, says ex-UN rapporteur – The Guardian

Posted July 20th, 2021 in contracting out, news, reports, transport by sally

‘Britain’s bus services outside London were so damaged by privatisation that people were unable to access basic needs such as work, education and healthcare, according to a scathing report by the former UN special rapporteur on human rights.’

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The Guardian, 19th July 2021

Source: www.theguardian.com

MP questions transfer of children from Rainsbrook secure centre to youth jails – The Guardian

Posted July 14th, 2021 in children, contracting out, coronavirus, custody, news, prisons, young offenders by tracey

‘Children held in a condemned youth jail for vulnerable offenders have been moved into unsuitable alternative custody, a committee has been told. About 30 children previously held at the privately run Rainsbrook secure training centre are being transferred into alternative custody arrangements following calls for urgent action over problems at the unit.’

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The Guardian, 13th July 2021

Source: www.theguardian.com

No more reward without risk – Local Government Lawyer

Posted July 2nd, 2021 in contracting out, local government, news, pensions, waste by tracey

‘Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

Nationalising probation service not enough to fix flaws, warns watchdog – The Guardian

‘Renationalising the management of offenders in the community will not be enough to put right the flaws of disastrous privatisation reforms introduced by the former Conservative minister Chris Grayling, the probation watchdog has warned.’

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The Guardian, 28th June 2021

Source: www.theguardian.com

Probation services return to public control in England and Wales – BBC News

Posted June 28th, 2021 in contracting out, Ministry of Justice, news, probation by tracey

‘Probation services in England and Wales will return to public control, seven years after Chris Grayling’s changes that were later labelled as “flawed”.’

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BBC News, 28th July 2021

Source: www.bbc.co.uk

Appeal court confirms validity of ‘contracting out’ statutory declaration – OUT-LAW.com

‘Commercial landlords and tenants are not required to specify the actual date of grant of the lease when “contracting out” of the security of tenure provisions in the 1954 Landlord and Tenant Act (1954 Act), the Court of Appeal has confirmed.’

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OUT-LAW.com, 3rd June 2021

Source: www.pinsentmasons.com

Private Prisons Have Shown A Lax Approach To Human Rights – Each Other

Posted April 27th, 2021 in contracting out, human rights, news, prisons by sally

‘Private prisons may seem like an American phenomenon, but, statistically, UK prisoners are more likely to be held in one.’

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Each Other, 26th April 2021

Source: eachother.org.uk

Privatisation of children’s services is bad for children and bad for taxpayers – Transparency Project

Posted February 18th, 2021 in children, contracting out, news, social services by sally

‘When the Care Review was formally announced in January, one of the first actions of its chair, Josh MacAlister, was to ask the Competition and Markets Authority to investigate the children’s social care ‘market’ in England. This was announced even before MacAlister takes up his post, which is not until March.’

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Transparency Project, 17th February 2021

Source: www.transparencyproject.org.uk

‘I don’t like acts of dishonesty by the state’: Jolyon Maugham QC on Covid cronyism – The Guardian

‘Over the past few years, Jolyon Maugham QC, founder of the Good Law Project, has become an unmissable presence on Twitter. But unlike most keyboard warriors – anonymously vocal about Brexit, trading memes over mask-wearing and gender politics – he has only ever seen the social media platform as a means to an end. “I really don’t like this phenomenon of disinterested observers pointing out things that are going wrong,” he says. “I want to be in the club of people who actually put skin in the game to make it better, rather than merely making clever observations from the sidelines.”’

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The Guardian, 22nd November 2020

Source: www.theguardian.com

Getting off the hook: A guide to securing release from contractual obligations and varying public contracts in light of COVID-19 – 39 Essex Chambers

Posted November 10th, 2020 in amendments, contracting out, contracts, coronavirus, news, regulations by sally

‘Given the current challenging economic circumstances arising from the COVID-19 pandemic, which the authors fear may worsen over the coming months as employers are weaned off the Government’s furlough scheme, contracting authorities and their contractors may want to be released from obligations under existing contracts (and/or to protect their position having already defaulted on their obligations). Similarly, contracting authorities may want to vary existing contracts going forward. However, for obvious reasons, notably the time and cost involved, the appetite for undertaking a new procurement exercise is likely to be limited. This article therefore provides a guide to the available options for achieving these objectives.’

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39 Essex Chambers, 16th October 2020

Source: www.39essex.com

Government to pay £2m to settle coronavirus testing case – BBC News

Posted October 8th, 2020 in competition, computer programs, contracting out, coronavirus, news by tracey

‘The UK has agreed to settle a lawsuit over how it selected an IT contract for coronavirus testing at its Lighthouse labs.’

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BBC News, 8th October 2020

Source: www.bbc.co.uk

The impact of digitalisation on the immigration process – EIN Blog

‘The coronavirus pandemic created an impetus for the legal world to finally begin accepting digitalisation of processes, moving away from the traditional paper process to an online version. The immigration process is already faced with a myriad of concerns which leaves the applicant in a weak position, and most often, with a lack of funds to cover their costs. The Home Office’s inability to train and effectively manage applications, outsource services to dubious third-party contractors has been exacerbated further by the haphazard application of online processes which do not match the needs of the immigration process. Despite the fact that online applications are easier to complete for legal representatives a number of issues have arisen as a result of this sudden change.’

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EIN Blog, 21st September 2020

Source: www.ein.org.uk

Legal challenge halts G4S Wellingborough ‘mega prison’ contract – BBC News

Posted August 27th, 2020 in contracting out, news, prisons, tenders by sally

‘Plans to award a £300m “mega prison” contract to the security company G4S have been halted because of a legal challenge, the BBC understands.’

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BBC News, 27th August 2020

Source: www.bbc.co.uk

Barclays Bank plc v Various Claimants: further blurring boundaries in employment status? – by Anna Williams – UK Human Rights Blog

‘In a judgment handed down on 1 April 2020, the Supreme Court reversed the decisions of Nicola Davies J (as she then was) and a unanimous Court of Appeal, allowing the appeal on the ground that no vicarious liability can lie for the acts of an independent contractor: Barclays Bank plc v Various Claimants (“Barclays”).’

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UK Human Rights Blog, 28th July 2020

Source: ukhumanrightsblog.com

G4S fined £44m by Serious Fraud Office over electronic tagging – The Guardian

‘Security firm G4S has been fined £44m by the Serious Fraud Office (SFO) as part of an agreement that will see it avoid prosecution for overcharging the Ministry of Justice for the electronic tagging of offenders, some of whom had died.’

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The Guardian, 10th July 2020

Source: www.theguardian.com

Private firms to lose role in probation services – BBC News

Posted June 15th, 2020 in contracting out, Ministry of Justice, news, prisons, probation by sally

‘The government has scrapped plans to let private firms run behaviour programmes and unpaid work schemes for offenders in England and Wales.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

Probation services to return to public control after Grayling disasters – The Guardian

Posted June 12th, 2020 in contracting out, Ministry of Justice, news, police, probation by sally

‘Probation services in England and Wales will be fully restored to public ownership and control, the justice secretary has announced, marking the final nail in the coffin of Chris Grayling’s disastrous privatisation changes.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Court of Appeal’s judgment in the case of James v Hertsmere Borough Council: What does it mean for jurisdiction of County Court? – Garden Court Chambers

‘Today [2 April] the Court of Appeal handed down judgment in James v Hertsmere Borough Council [2020] EWCA Civ 489. The judgment answered a question that has been troubling homelessness lawyers for several years now: does the County Court have jurisdiction, when hearing homelessness appeals, to consider challenges to councils’ ‘contracting-out’ processes?’

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Garden Court Chambers, 2nd April 2020

Source: www.gardencourtchambers.co.uk

Delimiting Vicarious Liability in the Context of Independent Contractors – 12 King’s Bench Walk

‘The law around vicarious liability has been “on the move” since at least the 2012 landmark decision of the Supreme Court in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the “Christian Brothers case”). However, after years of expansion, the Supreme Court has now held in Barclays Bank plc v Various Claimants [2020] UKSC 13 that liability will not always be imposed for the acts of an independent contractor.’

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12 King's Bench Walk, 3rd April 2020

Source: www.12kbw.co.uk

BAME Workers’ Legal Bid Over ‘Inferior’ Pay And Terms Could Affect Millions – Each Other

‘A “landmark” legal case could determine whether the use of outsourcing firms to employ black and minority ethnic (BAME) workers on “inferior” pay and conditions is discriminatory.’

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Each Other, 21st February 2020

Source: eachother.org.uk