Law reform charity proposes rights-based framework for AI use in justice system – Local Government Lawyer

‘Law reform charity JUSTICE has proposed the first rights-based framework to guide AI use across the UK justice system in a report that has urged the deployment of the technology be guided by a “clear purpose and responsibility”.’

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Local Government Lawyer, 30th January 2025

Source: www.localgovernmentlawyer.co.uk

Care home providers win High Court battle with council over minimal uplift in fees – Local Government Lawyer

Posted January 31st, 2025 in care homes, equality, local government, news by Lily

‘A group of local care homes has won an irrationality case in the High Court against Stoke-on-Trent City Council over the local authority’s decision to pay only a minimal uplift in fees for home residents.’

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Local Government Lawyer, 30th January 2025

Source: www.localgovernmentlawyer.co.uk

High Court judge criticises ‘unconscionable delay’ in care case, extension of statutory time limits ‘by default’ – Local Government Lawyer

‘A High Court judge has made a care order in relation to a four-year-old girl (F), finding that her best interests will be met by an adoptive placement outside her family, while criticising the “unconscionable delay” in the case, which took almost 30 months to reach a conclusion’

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Local Government Lawyer, 31st January 2025

Source: www.localgovernmentlawyer.co.uk

Injuries to a baby: Part 2 – the court’s decisions – Transparency Project

Posted January 30th, 2025 in care orders, child cruelty, children, families, family courts, local government, news by sally

‘The local authority threshold statement at this stage detailed the injuries and submitted that the fractures were caused by excessive force or shaking; the bruises and abrasions caused by grabbing or squeezing. The parents had not been honest about the cause of the injuries and if one of them had caused them, the other had failed protect to Claire from being injured. Additionally, the local authority relied on an injury that had occurred earlier in the summer but had at that time not been deemed a child protection matter. The statement set out a list of concerns relating to David’s drug use and to Amy’s failure to protect Claire from the consequences. There were also references to David’s inappropriate handling of Claire although eventually this particular point was not included in the judge’s findings.’

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Transparency Project, 29th January 2025

Source: transparencyproject.org.uk

Planning, Environment and Property Newsletter – Winter 2025 Edition – 39 Essex Chambers

Posted January 30th, 2025 in chambers articles, environmental protection, local government, news, planning by tracey

‘Welcome to our January 2025 edition of the Planning Environment & Property Newsletter. A very Happy New Year to you all. The end of 2024 saw a significant array of development in the realms of planning policy, legislation and consultations and there is a lot more to come!’

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39 Essex Chambers, 23rd January 2025

Source: www.39essex.com

Judicial review begins over special needs bailout – BBC News

‘A judicial review in the High Court case has begun over a government bailout of £54m for special needs education funding in Bristol.’

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BBC News, 28th January 2025

Source: www.bbc.co.uk

Renewed homeless applications and new facts – Nearly Legal

‘Ivory, R (On the Application Of) v Welwyn Hatfield Borough Council (2025) EWCA Civ 21. A second appeal to the Court of Appeal from a judicial review of Welwyn Hatfield’s rejection of a homelessness application by Ms Ivory, on the basis that it was based on the same facts as a previous application by Ms Ivory on which Welwyn had decided no full housing duty was owed as Ms Ivory was intentionally homeless.’

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Nearly Legal, 26th January 2025

Source: nearlylegal.co.uk

Access injunctions: not as straightforward as they may seem… – Local Government Lawyer

‘Jane Talbot discusses how some of the issues faced by social landlords when it comes to obtaining access injunctions can be overcome.’

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Local Government Lawyer, 24th January 2025

Source: www.localgovernmentlawyer.co.uk

Successive applications for homelessness assistance and new facts – Local Government Lawyer

‘Toby Vanhegan and Stephanie Lovegrove analyse a Court of Appeal ruling on whether a council was justified in declining to accept an application under section 183 of the Housing Act 1996 on the ground that it was based on the same facts as a previous application.’

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Local Government Lawyer, 24th January 2025

Source: www.localgovernmentlawyer.co.uk

Administrative Law Principles in Context: Environmental Assessment Goes Up in Flames- Cambridge Law Journal

Posted January 24th, 2025 in climate change, environmental protection, local government, miners, news, planning by sally

‘A massive reduction in the combustion of fossil fuels will be required if the UK is to meet its target of “net zero” carbon emissions by 2050. At a global scale, reliance on fossil fuels will need to be greatly reduced if irreversible impacts on the environment are to be avoided. It is against this background that the Supreme Court has had to answer the following question: in circumstances where there is an obligation to consider the environmental effects of a development proposal for the extraction of fossil fuels, must the climate impacts of the eventual combustion of those fossil fuels be assessed?’

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Cambridge Law Journal, 7th January 2025

Source: www.cambridge.org

Frome residents win five-year battle for community-led housing project – The Guardian

Posted January 24th, 2025 in local government, news, planning by sally

‘Residents of a “renegade” Somerset market town have won their battle to create an innovative 5-hectare (12-acre) community-led development that includes homes, workspaces and a lido, after councillors agreed to sell a large brownfield site to the not-for-profit social enterprise behind the project.’

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The Guardian, 23rd January 2025

Source: www.theguardian.com

MPs to examine work of county court amid concerns over capacity and resources – Local Government Lawyer

Posted January 24th, 2025 in county courts, delay, inquiries, local government, news, select committees by sally

‘The Justice Committee has launched a new inquiry to examine the work of the County Court amid “persistent” concerns over capacity and resources.’

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Local Government Lawyer, 23rd January 2025

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees abortion clinic protestor hit with £7,500 costs order – Local Government Lawyer

‘A protester has been ordered to pay more than £7,500 after failing to comply with a public space protection order (PSPO), which created a designated safe zone outside a reproductive health clinic in Ealing.’

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Local Government Lawyer, 23rd January 2025

Source: www.localgovernmentlawyer.co.uk

Securing special educational provision – Local Government Lawyer

‘The High Court has provided important guidance on the “absolute duty” to secure special educational provision, writes Ollie Persey.’

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Local Government Lawyer, 17th January 2025

Source: www.localgovernmentlawyer.co.uk

Defending decisions taken in line with adopted licensing policies – Local Government Lawyer

Posted January 21st, 2025 in licensing, local government, news, taxis by tracey

‘Last month a High Court judge handed down an important judgment on the approach to departures from licensing policy. Josef Cannon KC looks at the lessons from the ruling.’

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Local Government Lawyer, 17th January 2025

Source: www.localgovernmentlawyer.co.uk

New UK Procurement Act procedures offer greater flexibility – OUT-LAW.com

Posted January 20th, 2025 in local government, news, public procurement by tracey

‘The Procurement Act 2023 provides greater flexibility, replacing existing procurement procedures with a new competitive flexible procedure (CFP).’

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OUT-LAW.com, 17th January 2025

Source: www.pinsentmasons.com

Judiciary to produce new strategy to tackle underrepresentation of black judges in 2025 – Local Government Lawyer

‘Tackling the underrepresentation of black judges and improving accommodations for disabled judges will be the main areas of work on judicial diversity for 2025.’

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Local Government Lawyer, 16th January 2025

Source: www.localgovernmentlawyer.co.uk

Gabriel Tan and Lewis Graham: One Year On From Imam v Croydon: Mandatory orders, judicial psychology and judicial review – UK Constitutional Law Association

Posted January 16th, 2025 in homelessness, housing, judicial review, local government, news, Supreme Court by sally

‘It is a well-understood principle that a judicial review court traditionally forbears from granting coercive orders against public authorities on grounds of mutual institutional trust, and constitutional reasons relating to the separation of powers. This is particularly so in the case of mandatory orders: whilst section 31(1) of the Senior Courts Act 1981 allows judges to grant such orders, when doing so they take the underlying decision out of the hands out of the public authority which has the democratic imprimatur to take such a decision. There has therefore, traditionally, been a particular reticence to grant mandatory orders in judicial review cases.’

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UK Constitutional Law Association, 16th January 2025

Source: ukconstitutionallaw.org

Abandoning a Procurement – Is it time to jump ship? – Local Government Lawyer

Posted January 15th, 2025 in local government, news, public procurement by tracey

‘Sally Stock, Beth Edwards and Shyann Sheehy discuss the process of abandoning a procurement process, as well as highlighting restrictions on when it can be done.’

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Local Government Lawyer, 14th January 2025

Source: www.localgovernmentlawyer.co.uk

How Are Health And Safety Offences Prosecuted In England And Wales? – 4-5 Gray’s Inn Square

Posted January 15th, 2025 in chambers articles, health & safety, local government, news, prosecutions by tracey

‘Tanveer Qureshi has written an informative article on health and safety offences prosecuted in England and Wales.’

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4-5 Gray’s Inn Square, 9th January 2025

Source: www.4-5.co.uk