local government – Page 108 – Current Awareness

Allocations and Equality Act – Nearly Legal

Posted August 6th, 2018 in equality, housing, local government, news, race discrimination, refugees by sally

‘R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin)

This was another challenge to LB Hillingdon’s policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 (our note here) which found that Hillingdon’s policy unjustifiably discriminated against Travellers. But with a very different outcome.’

Nearly Legal, 5th August 2018

Source: nearlylegal.co.uk

Council wins challenge to decision that right of way was ‘byway open to all traffic’ – Local Government Lawyer

Posted August 6th, 2018 in local government, news, rights of way by sally

‘Slough Borough Council has won a High Court challenge to an inspector’s decision that a right of way should be open as a ‘byway open to all traffic’ (BOAT).’

Local Government Lawyer, 6th August 2018

Source: www.localgovernmentlawyer.co.uk

County council right not to treat man as asylum seeker: High Court – Local Government Lawyer

Posted August 3rd, 2018 in asylum, children, human rights, local government, news by sally

‘Kent County Council was right not to treat a man as an asylum seeker when he had made fresh representations on his case but the government had yet to decide on these, the High Court has found.’

Local Government Lawyer, 3rd August 2018

Source: www.localgovernmentlawyer.co.uk

Council defeats High Court challenge over development at historic railway yard – Local Government Lawyer

Posted August 2nd, 2018 in historic buildings, housing, local government, news, planning, railways by sally

‘Historic England has failed in a challenge to Milton Keynes Council over its decision to allow a development on part of a historic railway yard.’

Local Government Lawyer, 1st August 2018

Source: www.localgovernmentlawyer.co.uk

Council defeats challenge to prioritisation of residents with 10 years in borough – Local Government Lawyer

Posted July 30th, 2018 in housing, local government, news, race discrimination, refugees by sally

‘A London borough has successfully defended a High Court challenge to the prioritisation under its housing allocation scheme of those people who have been resident in the borough for 10 years.’

Local Government Lawyer, 27th July 2018

Source: www.localgovernmentlawyer.co.uk

When help with wood pellet fuel means no right to buy – Nearly Legal

Posted July 26th, 2018 in housing, local government, news, right to buy, tribunals by sally

‘Paragraph 11 of Schedule 5 to Housing Act 1985 provides that a property is exempt from the Right to Buy where:

11.—

(1) The right to buy does not arise if the dwelling-house—

(a) is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by elderly persons, and

(b) was let to the tenant or a predecessor in title of his for occupation by a person who was aged 60 or more (whether the tenant or predecessor or another person).’

Nearly Legal, 25th July 2018

Source: nearlylegal.co.uk

Council wins rare appeal to Upper Tribunal over Right to Buy exemption – Local Government Lawyer

Posted July 19th, 2018 in appeals, elderly, housing, local government, news, tribunals by sally

‘Milton Keynes Council was won a rare appeal under the right to buy legislation in a dispute over whether the property in question was particularly suitable for occupation by elderly persons.’

Local Government Lawyer, 19th July 2018

Source: www.localgovernmentlawyer.co.uk

Council “had lawful basis” for accommodating children under s.20 CA: Supreme Court – Local Government Lawyer

Posted July 19th, 2018 in appeals, care orders, children, local government, news, Supreme Court by sally

‘A London borough had a lawful basis for continuing to accommodate children under s.20 of the Children Act 1989, the Supreme Court has unanimously ruled.’

Local Government Lawyer, 18th July 2018

Source: www.localgovernmentlawyer.co.uk

Judge rules residence qualification in allocation policy of council to be unlawful – Local Government Lawyer

Posted July 17th, 2018 in housing, illegality, local government, news by sally

‘A residence qualification set by Hillingdon Council stating that only households with at least 10 years’ continuous residence in-borough could qualify to join the three-welfare-based bands of its housing register was unlawful, a High Court judge has ruled.’

Local Government Lawyer, 16th July 2018

Source: www.localgovernmentlawyer.co.uk

What’s another decade? – Nearly Legal

Posted July 16th, 2018 in housing, judicial review, local government, news by sally

‘TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791. This was a judicial review of Hillingdon’s allocation scheme and in particular, the thresholds for eligibility for inclusion on the housing list set by Hillingdon.’

Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Prosecution of Uber driver dismissed amid claims app was plying for hire – Local Government Lawyer

Posted July 13th, 2018 in internet, licensing, local government, news, taxis by sally

‘The Chief Magistrate, Dame Emma Arbuthnot, has dismissed a prosecution of a driver using the Uber App, based on an allegation that the App was a form of plying for hire. Philip Kolvin QC of Cornerstone Barristers, who appeared for the defendant, Mudassar Ali, said the judicial decision was the first on the topic.’

Local Government Lawyer, 11th July 2018

Source: www.localgovernmentlawyer.co.uk

A question of authority – settled accommodation – Nearly Legal

Posted July 12th, 2018 in homelessness, housing, local government, news, Supreme Court by sally

‘Doka v Southwark concerned what could amount to ‘settled accommodation’ for homelessness matters, and specifically for ‘breaking the chain’ of intentional homelessness.’

Nearly Legal, 11th July 2018

Source: nearlylegal.co.uk

Late and late again – intentional homelessness and benefit claims – Nearly Legal

Posted July 11th, 2018 in adjournment, delay, homelessness, local government, news by sally

‘Oduneye v Brent London Borough Council (2018) EWCA Civ 1595. This was a second appeal from a s.204 appeal on Brent’s decision that Ms O was intentionally homeless. Ms O was in person. She had sought an adjournment to seek legal representation but this was a fortnight before the hearing and refused on the basis that she had known of the appeal hearing since permission on 21 October 2017.’

Nearly Legal, 10th July 2018

Source: nearlylegal.co.uk

Council not required to disclose advice of independent person: Tribunal – Local Government Lawyer

Posted July 11th, 2018 in data protection, freedom of information, local government, news, public interest by sally

‘Stratford-on-Avon District Council need not disclose advice given by an independent person in a case over a councillor’s conduct, the First-Tier Tribunal (FTT) has said.’

Local Government Lawyer, 10th July 2018

Source: www.localgovernmentlawyer.co.uk

High Court quashes village green registration over ‘trigger event’ – Local Government Lawyer

Posted July 10th, 2018 in commons, local government, news, planning by sally

‘The High Court has given what is reported to be the first ruling on a ‘trigger event’ for the purposes of town and village green registration.’

Local Government Lawyer, 9th July 2018

Source: www.localgovernmentlawyer.co.uk

Council defends decision to revoke premises licence after test purchase failures – Local Government Lawyer

Posted July 9th, 2018 in licensing, local government, news by sally

‘A borough council in the North West has successfully defended a decision of its licensing sub-committee to revoke the premises for an off licence after a number of test purchase failures.’

Local Government Lawyer, 6th July 2018

Source: www.localgovernmentlawyer.co.uk

Council Resolutions – Local Government Law

Posted July 6th, 2018 in equality, local government, news, sanctions, statutory interpretation by sally

‘R (Jewish Rights Watch) v Leicester City Council (2018) EWCA Civ 1551 concerns a non-binding Full Council Resolution on a controversial matter. The Council resolved “insofar as legal considerations allow, to boycott produce originating from illegal Israeli settlements in the West Bank until such time as it complies with International law an withdraws from Palestinian Occupied territories.” Jewish Human Rights Watch argued that the resolution singled out Israel for criticism, and that the Council failed to consider the effect of so doing on the Jewish community in the UK, and in particular in and around Leicester, in breach of the PSED. The Court of Appeal, upholding the judgment of the Divisional Court, held that on a reading of the Resolution, and of the transcript of the debate which preceded its adoption, it was clear that the Councillors had due regard to the matters set out in Section 149 of the Equality Act 2010 and had thus satisfied the PSED.’

Local Government Law, 4th July 2018

Source: local-government-law.11kbw.com

Homelessness and capacity – Nearly Legal

Posted July 4th, 2018 in homelessness, housing, local government, mental health, news, statutory duty by sally

‘In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance. The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was argued that an application could be made by minors) held that a person had to have capacity to “comprehend or evaluate” an offer of accommodation and could not be treated as a person in priority need. As Lord Griffiths put it, “In my view it is implicit in the provisions of the Act that the duty to make an offer is only owed to those who have the capacity to understand and respond to such an offer and if they accept it to undertake the responsibilities that will be involved.” There is a personal element to this issue – Ferdous Begum and Garlick were cases which first captured my academic interest in homelessness law back in 1992, mainly because the decision seemed wrong discursively (even then) and also because of the real difficulties which occur in practice in the distinction between homelessness and care duties.’

Nearly Legal, 3rd July 2018

Source: nearlylegal.co.uk

Council concedes in strip club policy legal challenge over equality duty failure – Local Government Lawyer

Posted July 3rd, 2018 in equality, licensing, local government, news, women by sally

‘Sheffield City Council last week (29 June) conceded in court that it had failed to properly discharge the public sector equality duty, after a campaigner challenged the lawfulness of the authority’s decision to adopt a policy of licensing unlimited strip clubs.’

Local Government Lawyer, 2nd July 2018

Source: www.localgovernmentlawyer.co.uk

«
1
…
103
104
105
106
107
108
109
110
111
112
113
…
204
»

Archives