NHS trust to pay “significant” damages following detention of man with learning disabilities for almost a year – Local Government Lawyer

‘The High Court has approved the settlement of a civil claim brought by a man with learning disabilities and autism, who was detained for a period of 340 days as there was no safe alternative accommodation available.’

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Local Government Lawyer, 27th March 2025

Source: www.localgovernmentlawyer.co.uk

High Court quashes council planning decision by consent on flood risk ground – Local Government Lawyer

Posted March 28th, 2025 in housing, local government, news, planning by sally

‘A High Court judge has issued a quashing order after Southwark Council conceded that its decision to grant permission for an infill development on a London council estate breached national planning policy.’

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Local Government Lawyer, 28th March 2025

Source: www.localgovernmentlawyer.co.uk

Some 1,280 children subject to deprivation of liberty applications in 2024, with order made in almost 90% of cases issued: MoJ – Local Government Lawyer

‘New data published by the Ministry of Justice has revealed that 1,280 children were subject to applications to deprive them of their liberty in 2024 in England and Wales, down from 1,368 in 2023.’

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Local Government Lawyer, 28th March 2025

Source: www.localgovernmentlawyer.co.uk

High Court awards £20,000 in damages to parish clerk over defamatory Facebook posts by councillor – Local Government Lawyer

Posted March 27th, 2025 in autism, damages, defamation, internet, local government, news by sally

‘A parish clerk has been awarded £20,000 in damages after defamatory social media posts by a parish councillor, who was “consumed with a very strong personal dislike” of the clerk, were found to have caused serious harm to their reputation.’

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Local Government Lawyer, 26th March 2025

Source: www.localgovernmentlawyer.co.uk

Supermarket fined £17k for out-of-hours deliveries – BBC News

Posted March 25th, 2025 in company law, fines, local government, news, planning by sally

‘A supermarket has been fined more than £17,000 for breaching conditions over out-of-hours deliveries.’

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BBC News, 25th March 2025

Source: www.bbc.co.uk

Breaking new ground – The tribunal’s approach to ‘just and equitable’ in Remediation Contribution Orders – Local Government Lawyer

‘The First Tier Tribunal (the tribunal) has handed down a judgment in the case of Grey GR Limited Partnership v Edgewater (Stevenage) Limited and others [2025] UKFTT concerning a Remediation Contribution Order (RCO), marking an important development in building safety legal proceedings.’

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Local Government Lawyer, 20th March 2025

Source: www.localgovernmentlawyer.co.uk

Adverse possession: applications by squatters to be registered as proprietor – Local Government Lawyer

‘In a leapfrog appeal from the Upper Tribunal (Lands Chamber) the Supreme Court decided the question of how quickly an application, to be registered as the proprietor of a registered estate in land by way of adverse possession, needs to be made by a squatter, following their realisation that they do not in fact own the land which they have been possessing.’

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Local Government Lawyer, 21st March 2025

Source: www.localgovernmentlawyer.co.uk

Consensual adoption – PLWG Best Practice: A Guide – Local Government Lawyer

Posted March 20th, 2025 in adoption, children, consent, families, local government, news by sally

‘Avaia Williams examines the Public Law Working Group’s recommendations on adoption by consent.’

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Local Government Lawyer, 19th March 2025

Source: www.localgovernmentlawyer.co.uk

Council’s costs threat ‘not coercive’, High Court rules – Law Society’s Gazette

Posted March 20th, 2025 in costs, injunctions, local government, news, planning by sally

‘A council’s threat of legal costs against landowners if they did not undertake to stop developing their land was not “coercive”, a High Court judge has ruled.’

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Law Society's Gazette, 20th March 2025

Source: www.lawgazette.co.uk

Journalist attendance at Family Court hearings – Local Government Lawyer

‘Charlotte Epstein dives into the decision to allow journalists to observe and report on family court hearings. Implemented following a successful pilot, the aim is to increase public understanding and awareness of the Family Courts.’

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Local Government Lawyer, 19th March 2025

Source: www.localgovernmentlawyer.co.uk

Council Tax – Meaning of ‘Owner’ – 33 Bedford Row

Posted March 19th, 2025 in chambers articles, council tax, joint liability, local government, news by sally

‘Liability for Council Tax is imposed by the Local Government Finance Act 1992 (“1992 Act”). In the 1992 Act, the important sections for England and Wales on the imposition of liability are those in a group of sections called “Liability to tax”, that is, sections 6 to 9 inclusive, with the key section being section 6, entitled “Persons liable to pay council tax”. Section 6 of the 1992 Act “…sets out a hierarchy in order of priority of those who will be liable to pay council tax in relation to a chargeable dwelling.”

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33 Bedford Row, 11th March 2025

Source: www.33bedfordrow.co.uk

Raising the standard – or a missed opportunity? – Local Government Lawyer

‘Matt Lewin reflects on the Government’s consultation on reforms to the standards and conduct framework.’

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Local Government Lawyer , 14th March 2025

Source: www.localgovernmentlawyer.co.uk

High Court rejects claims of “combined duty” on council to operate system that ensures provision of same-sex personal care – Local Government Lawyer

‘The High Court has dismissed a judicial review application brought on behalf of a young woman with severe disabilities in relation to the local council’s provision of same-sex personal and intimate care for women service users.’

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Local Government Lawyer, 17th March 2025

Source: www.localgovernmentlawyer.co.uk

Mums say ‘contaminated land’ legal bid is last resort – BBC News

‘More and more children at Rebecca Stewart’s east London playgroup are using asthma inhalers, she says. It was about one in 40 – but now, she says, it is more like one out of every four.’

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BBC News, 18th March 2025

Source: www.bbc.co.uk

How does an assured shorthold tenancy become a secure tenancy? By accident! – Doughty Street Chambers

Posted March 14th, 2025 in assignment, housing, landlord & tenant, local government, news, repossession by sally

‘In the London Borough of Redbridge v G (Romford County Court, 5 February 2025), a series of unusual events lead to an assured shorthold tenant becoming a secure tenant.’

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Doughty Street Chambers, 10th March 2025

Source: insights.doughtystreet.co.uk

Compulsory mediation in housing conditions claims – Local Government Lawyer

‘New rules on compulsory mediation could have a major impact on social landlords, writes Ibrar Hussain.’

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Local Government Lawyer, 14th March 2025

Source: www.localgovernmentlawyer.co.uk

National Farmers’ Union fails in legal challenge over lawfulness of policy in minerals and waste local plan – Local Government Lawyer

‘Herefordshire Council acted lawfully when it used planning policy to try to control agricultural waste, the High Court has found.’

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Local Government Lawyer, 13th March 2025

Source: www.localgovernmentlawyer.co.uk

Court of Protection judge stresses ‘crucial significance’ of issuing proceedings promptly in best interests case – Local Government Lawyer

‘A judge sitting in the Court of Protection has highlighted the “crucial significance” of issuing proceedings promptly, after finding a failure by a hospital to address a man’s best interests in a timely way, which “compromised his dignity”.’

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Local Government Lawyer, 14th March 2025

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds plan for adoption for 18-month-old boy as placement with extended family in Pakistan ‘not achievable within his timescales’ – Local Government Lawyer

Posted March 14th, 2025 in adoption, appeals, children, families, local government, news, Pakistan, placement orders by sally

‘The Court of Appeal has dismissed an appeal against a placement order made in respect of an 18-month-old boy, finding that the aspiration to place him with extended family in Pakistan was “not achievable” within the timescales, and that the child’s best interests could only be served by the making of a placement order with a view to him being adopted in the UK.’

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Local Government Lawyer, 14th March 2025

Source: www.localgovernmentlawyer.co.uk

The faculty jurisdiction and trees in closed churchyards: Re All Saints, Featherstone – Law & Religion UK

Posted March 12th, 2025 in Church of England, faculties, local government, news, trees by sally

‘In Re All Saints, Featherstone [2025] ECC Lee 1, Wakefield Metropolitan District Council sought a confirmatory faculty for felling and removing an ash tree without lawful authority. The burial ground had been closed by Order in Council under the Burial Act 1853 and the maintenance obligation transferred to Wakefield MDC pursuant to s.215 Local Government Act 1972. Under the transfer of the duty of maintenance, Wakefield MDC was obliged to conduct routine inspections of the churchyard and to undertake “such works as are necessary to eliminate or reduce the risk of harm”. However, closed burial grounds remain subject to the faculty jurisdiction.’

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Law & Religion UK, 11th March 2025

Source: lawandreligionuk.com