Beggars to be issued with £100 fines by Poole council sparking outrage – The Independent

Posted March 16th, 2018 in fines, local government, news, public spaces protection orders, vagrancy by sally

‘Beggars in the Dorset town of Poole will be issued with fines of £100, its council has said. Despite heavy criticism Public Space Protection Orders (PSPOs) will be introduced from 16 April in a bid to “tackle anti-social and nuisance behaviours.” ‘

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The Independent, 16th March 2018

Source: www.independent.co.uk

Property firm fails in legal action over refusal by council to sell site – Local Government Lawyer

Posted March 14th, 2018 in judicial review, local government, news, planning, sale of land by sally

‘Manchester City Council was not obliged to sell a site to a particular buyer simply because of an earlier planning decision, the High Court has found.’

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Local Government Lawyer, 14th March 2018

Source: www.localgovernmentlawyer.co.uk

Tribunal upholds council refusal to disclose information on ‘Twitter storm’ SEN law firm – Legal Futures

‘The First-tier Tribunal has upheld a council’s refusal to hand over information on its handling of a review into its dealings with a law firm that caused an uproar by sending out a series of tweets appearing to gloat over defeating cases brought by parents of children with special educational needs.’

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Legal Futures, 13th March 2018

Source: www.legalfutures.co.uk

Information watchdog denounces council over Grenfell failings – The Guardian

Posted March 13th, 2018 in fire, freedom of information, health & safety, housing, local government, news by sally

‘Kensington and Chelsea council has been condemned by the information commissioner for failing to disclose information relating to the Grenfell Tower fire. Elizabeth Denham has made seven rulings against the council for failing to respond to freedom of information requests about fire safety, cladding and risk assessments at the high-rise block.’

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The Guardian, 13th March 2018

Source: www.theguardian.com

Council makes two more referrals to police including one over land acquisition – Local Government Lawyer

Posted March 12th, 2018 in crime, land registration, local government, news, police by sally

‘Cheshire East Council has confirmed that it referred two matters to the police last month, including one which relates to the acquisition of land.’

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Local Government Lawyer, 8th March 2018

Source: www.localgovernmentlawyer.co.uk

Possession and section 11, Children Act 2004 – Nearly Legal

Posted March 9th, 2018 in children, housing, local government, news, repossession by sally

‘In Davies v Hertfordshire CC [2018] EWCA Civ 379, the Court of Appeal addressed the question of the relevance of s 11, Children Act 2004 on a mandatory possession claim brought by Herts against Mr Davies, a former school caretaker living in tied accommodation with his wife and four children. Herts claimed mandatory possession on service of a notice to quit (which was not necessary in this case).’

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Nearly Legal, 8th March 2018

Source: nearlylegal.co.uk

Vulnerable children forced into homelessness as local authorities routinely ignore child protection laws – The Independent

Posted March 5th, 2018 in children, homelessness, local government, news by sally

‘Vulnerable children are being forced into homelessness because local authorities are routinely flouting child protection laws, lawyers and charities have warned.’

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The Independent, 4th March 2018

Source: www.independent.co.uk

Court of Appeal backs unsuccessful claimant against council over QOCS application – Local Government Lawyer

Posted February 28th, 2018 in appeals, civil procedure rules, costs, local government, news, personal injuries by sally

‘The Court of Appeal has allowed an appeal brought by an unsuccessful personal injury claimant over whether the qualified one-way costs shifting (“QOCS”) regime in the Civil Procedure Rules applied to his claim involving a local authority.’

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Local Government Lawyer, 27th February 2018

Source: www.localgovernmentlawyer.co.uk

Is there a problem with unregistered schools? – BBC News

Posted February 28th, 2018 in child abuse, education, Islam, Judaism, local government, news by sally

‘School inspectors have warned that there are hundreds of unregistered schools but that they have few powers to investigate or shut them down.’

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BBC News, 27th February 2018

Source: www.bbc.co.uk

Interpretation of PFI contracts: the long and winding road – Practical Law: Construction Blog

‘Do long-term contracts need to be construed in a particular way? Do contracts that require the parties to work together and cooperate over a period of many years have their own special rules? Do they demand special treatment when it comes to questions of contractual interpretation? Those are some of the questions raised by the judgment in Amey Birmingham Highways Ltd v Birmingham City Council, in which the Court of Appeal had to grapple with the complexities and oddities of a PFI contract.’

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Practical Law: Construction Blog, 27th February 2018

Source: constructionblog.practicallaw.com

Mother faces £20,000 costs bill despite successfully challenging care order – Law Society’s Gazette

Posted February 23rd, 2018 in costs, legal aid, local government, news, placement orders by sally

‘Local authorities should not have to cover legal aid funding deficiencies, the Court of Appeal has said, while upholding a mother’s challenge against a placement order. A placement order allows the local authority to place a child with suitable adopters following care proceedings, even if the parents do not agree.’

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Law Society's Gazette, 22nd February 2018

Source: www.lawgazette.co.uk

Government loses clean air court case – BBC News

Posted February 22nd, 2018 in environmental health, local government, news, pollution by sally

‘Campaigners have won a third High Court victory over the UK government’s plans to tackle air pollution.’

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BBC News, 21st February 2018

Source: www.bbc.co.uk

Children Act and Housing – (not) joining the dots – Nearly Legal

Posted February 19th, 2018 in children, disabled persons, housing, local government, news by sally

‘This is a very interesting judicial review, concerning the interrelation of a council’s housing duties under Part 6 and Part 7 Housing Act 1996 and duties to children under s.17 Children Act 1989.’

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Nearly Legal, 18th February 2018

Source: nearlylegal.co.uk

Judge rejects challenge to removal of description in register of political parties – Local Government Lawyer

Posted February 15th, 2018 in incitement, local government, news, political parties, violence by sally

‘A High Court judge has dismissed a legal challenge brought by the English Democrats to a decision by the Electoral Commission to remove one of 12 descriptions included in the party’s entry in the register of political parties for Great Britain.’

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Local Government Lawyer, 15th February 2018

Source: www.localgovernmentlawyer.co.uk

Vulnerable people ‘trapped in homelessness’ due to law – BBC News

Posted February 14th, 2018 in homelessness, housing, local government, mental health, news, reports by michael

‘Vulnerable people are unable to access social housing, potentially trapping them “in a cycle of homelessness”, due to a change in the law.’

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BBC News, 14th February 2018

Source: www.bbc.co.uk

Breaching licensing and proceeds of crime – Nearly Legal

Posted February 12th, 2018 in landlord & tenant, licensing, local government, news, proceeds of crime by sally

‘Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow). The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions.’

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Nearly Legal, 11th Febraury 2018

Source: nearlylegal.co.uk

High Court clarifies ability of local authorities to enter into limited liability partnerships – OUT-LAW.com

‘A local authority acted within its powers when it set up a limited liability partnership (LLP) to deliver a new housing and community scheme, the High Court has ruled.’

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OUT-LAW.com, 9th February 2018

Source: www.out-law.com

GPOC – Local Government Law

Posted February 8th, 2018 in consultations, contracting out, housing, local government, news by sally

‘The General Power of Competence (“GPOC”) in Section 1 of the Localism Act 2011 (“LA 2011”) and its exclusion, by Section 4 of LA 2011, when an authority is acting “for a commercial purpose”, but not through a limited company, has been considered in Peters v Haringey LBC (2018) EWHC 192 (Admin). The case is concerned with the Haringey Development Vehicle (“the HDV”). The purpose of the HDV is to create a partnership, by way of a limited liability partnership (“LLP”), between the Defendant Council, and a private sector body, Lendlease, and to bring private sector finance, experience and expertise to the task of developing the Council’s land for its better use, and so achieving the Council’s strategic aims in housing, affordable housing and employment. The Claimant challenged by way of judicial review a decision made by the Council through its Cabinet, on 20 July 2017, to confirm Lendlease after a procurement process as the successful bidder to become the Council’s partner in the HDV, and also approved the structure of the HDV.’

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Local Government Law, 8th February 2018

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

Council fined £100k after vulnerable employee hit by reversing dust cart – Local Government Lawyer

Posted February 8th, 2018 in contracting out, fines, health & safety, local government, news, waste by sally

‘A London borough has been fined £100,000 after a vulnerable employee was crushed by a reversing dust cart, suffering significant injury. Waste company Veolia ES (UK) was meanwhile fined £250,000 for its role in the incident, which took place on 9 May 2016.’

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Local Government Lawyer, 6th February 2018

Source: www.localgovernmentlawyer.co.uk

Institute of Licensing consults on guidance on suitability of taxi, PHV applicants – Local Government Lawyer

Posted February 5th, 2018 in consultations, licensing, local government, news, taxis by sally

‘The Institute of Licensing (IoL) has launched a consultation on proposed guidance on determining the suitability of applicants and licensees in the hackney and private hire trades.’

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Local Government Lawyer, 2nd Februaru 2018

Source: www.localgovernmentlawyer.co.uk