ICO reprimands elections watchdog after cyber attack compromised servers – Local Government Lawyer

‘The Information Commissioner’s Office (ICO) has issued a reprimand to the Electoral Commission after hackers gained access to servers that contained the personal information of approximately 40 million people.’

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Local Government Lawyer, 30th July 2024

Source: www.localgovernmentlawyer.co.uk

Failure to Clarify Immigration Status in Care Proceedings by Lucy Coen – Broadway Chambers

‘In the recent matter of Y (Failure to Clarify Immigration Status), Re [2024] EWFC 159, the High Court gives useful guidance in respect of public law children cases where there is a question in relation to the immigration status of either the subject child or parents.’

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Broadway Chambers, 29th July 2024

Source: www.broadwayhouse.co.uk

Remote licensing hearings – Law Society’s Gazette

Posted July 29th, 2024 in licensing, local government, news, remote hearings by sally

‘On 28 April 2021 (in R (Hertfordshire County Council) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1093 (Admin)) (Hertfordshire), Dame Victoria Sharp P and Chamberlain J considered whether the reference to a ‘meeting’ in schedule 12 to the Local Government Act 1972 (Meetings and Proceedings of Local Authorities) could include a meeting conducted wholly or partly remotely. The court decided it could not. ‘The question for us,’ they remarked, ‘is not what “meeting” means in the abstract, or in some other context, but what it means in the particular statutory context of schedule 12 to the 1972 act’, which needed to be read as a whole. Schedule 12 (among other things) included obligations to hold the meeting ‘at such place, either within or without their area’ as a principal council, parish council or community council may direct. Consequently, ‘a “place within or without the area” is most naturally interpreted as a reference to a particular geographical location and would not naturally encompass an online location’. And: ‘Attending a meeting at a single specified geographical location would… ordinarily mean physically going to that location.’’

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Law Society's Gazette, 26th July 2024

Source: www.lawgazette.co.uk

The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations – Mental Capacity Law and Policy

‘How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin), Gywnneth Knowles J has looked at it from the perspective of Article 3 ECHR. In Re P (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam), she was asked to consider the question of whether she should continue to use the powers of the High Court to compel a 29 year old woman to live apart from her father.’

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Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

High Court rejects claim asylum seeker was a child when he entered UK and had his age assessed – Local Government Lawyer

Posted July 26th, 2024 in asylum, children, costs, immigration, local government, news by sally

‘No arguable public law error arose when the London Borough of Hounslow assessed a Sudanese asylum seeker as being an adult.’

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Local Government Lawyer, 25th July 2024

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rules on proper application of totality principle to imposition of financial penalties for multiple housing offences – Local Government Lawyer

Posted July 26th, 2024 in appeals, deposits, housing, landlord & tenant, local government, news, penalties by sally

‘The Upper Tribunal (Lands Chamber) has removed a housing licensing penalty imposed on one member of a married couple and reduced the penalty on the other.’

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Local Government Lawyer, 25th July 2024

Source: www.localgovernmentlawyer.co.uk

Tenant given two-year community order and told to pay £2,400 in compensation after illegal subletting – Local Government Lawyer

‘The London Borough of Barnet has successfully prosecuted a tenant who illegally sublet her social housing property.’

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Local Government Lawyer, 23rd July 2024

Source: www.localgovernmentlawyer.co.uk

When is a Crematorium Actually a Crematorium? – 39 Essex Chambers

‘On 10 May 2024, the Court of Appeal handed down judgment in Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507.
The Court of Appeal dismissed the claimant’s appeal against the High Court’s dismissal of her challenge to the grant of planning permission for a crematorium on land in the parish of Tandridge, near Oxted, Surrey. At first instance ([2023] EWHC 92 (Admin), Timothy Mould KC (sitting as a Deputy High Court Judge) dismissed the claim.’

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39 Essex Chambers, 16th July 2024

Source: www.39essex.com

High Court judge stresses importance of resolving immigration status early in care proceedings – Local Government Lawyer

‘A High Court judge has highlighted the need to ensure that the immigration status of a child in public law proceedings before the Family Court is clarified at the “earliest opportunity”, and that any issues with respect to that child’s immigration status are dealt with before final orders are made.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Local authority loses judicial review over refusal by minister to revoke academy order for school council considered should close – Local Government Lawyer

Posted July 23rd, 2024 in judicial review, local government, ministers' powers and duties, news by tracey

‘The London Borough of Islington has lost a judicial review claim against a decision by the Secretary of State for Education to refuse to revoke an Academy Order for a school the council considered should close.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Family Court judge criticises “manifest delay” in case where new-born child remained in foster care for over two years – Local Government Lawyer

Posted July 23rd, 2024 in children, delay, fostering, guardianship, local government, news by tracey

‘A Family Court Judge has criticised the “manifest and wholly unconscionable” delay in a case where a new-born child remained in foster care for over two years.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Disabled man was left without care after council failures – BBC News

Posted July 23rd, 2024 in community care, compensation, delay, disabled persons, local government, news by tracey

‘A disabled man suffered “significant distress” after a council’s failings left him without care, according to a report.’

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BBC News, 23rd July 2024

Source: www.bbc.co.uk

Statutory officers and good governance: the new Code of Practice – Local Government Lawyer

Posted July 19th, 2024 in codes of practice, local government, news by michael

‘LLG, CIPFA and SOLACE have this week published the Code of Practice on Good Governance for Local Authority Statutory Officers. Philip McCourt explains its purpose.’

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Local Government Lawyer, 19th July 2024

Source: www.localgovernmentlawyer.co.uk

Back to basics – Local Government Lawyer

Posted July 19th, 2024 in local government, news, planning by michael

‘Simon Ricketts analyses two High Court rulings this month which provide reminders as to some development management procedural fundamentals.’

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Local Government Lawyer, 19th July 2024

Source: www.localgovernmentlawyer.co.uk

High Court rules for first time on water neutrality – Local Government Lawyer

Posted July 19th, 2024 in local government, news, planning, water by michael

‘The High Court has dismissed the first challenge to an Inspector’s decision which refused planning permission for a development on grounds of water neutrality. Matt Lewin explains why.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk

Data watchdog reprimands Hackney council over cyber attack – The Independent

Posted July 18th, 2024 in computer crime, data protection, local government, London, news by michael

‘The Information Commissioner’s Office (ICO) said the council had “failed to effectively implement sufficient measures” to protect its systems from attack.’

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The Independent, 17th July 2024

Source: www.independent.co.uk

The meaning of maintenance – Nearly Legal

Posted July 16th, 2024 in appeals, housing, leases, local government, news, repairs, service charges by tracey

‘London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024). This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was payable. It may well have broader significance for charges for building safety works, depending on lease terms.’

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Nearly Legal, 15th July 2024

Source: nearlylegal.co.uk

Update on limitation periods – Local Government Lawyer

‘A recent Court of Appeal ruling is a reminder of the applicable limitation periods for those procurements commenced under the current regime, write John Houlden, Laura Tudor and Abigail Cropper.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Interim relief in age assessment cases – revisited – Local Government Lawyer

‘Joshua Swirsky discusses a case where Upper Tribunal Judge Smith once again had to consider the balance of convenience in an age assessment case when interim relief is sought.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Local authorities, care orders and consent to confinement – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) analyses another striking decision from Lieven J.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk