Protection from neighbours – no duty – Nearly Legal

Posted January 8th, 2018 in appeals, children, housing, local government, negligence, news, social services by sally

‘What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence.’

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Nearly Legal, 7th January 2018

Source: nearlylegal.co.uk

Leader urges police to use Vagrancy Act 1824 ahead of Royal Wedding – Local Government Lawyer

Posted January 8th, 2018 in anti-social behaviour, local government, news, police, royal family, vagrancy by sally

‘The Leader of the Royal Borough of Windsor & Maidenhead has written to the Police and Crime Commissioner for the Thames Valley calling for the use of The Vagrancy Act 1824 or the Anti-Social Behaviour, Crime and Policing Act 2014 in tackling anti-social behaviour including aggressive begging and intimidation ahead of the Royal Wedding in May this year.’

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Local Government Lawyer, 5th January 2018

Source: www.localgovernmentlawyer.co.uk

ICO backs refusal of council to supply legal opinion over certificate of lawfulness – Local Government Lawyer

Posted January 8th, 2018 in disclosure, freedom of information, local government, news by sally

‘The Information Commissioner last month upheld a decision by a London borough to refuse to supply a copy of a legal opinion obtained by the council relating to an application to grant a certificate of lawfulness for a property.’

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Local Government Lawyer, 5th January 2018

Source: www.localgovernmentlawyer.co.uk

New guidance on the use of the Anti-social Behaviour, Crime and Policing Act 2014 – UK Police Law Blog

Posted January 4th, 2018 in anti-social behaviour, local government, news, nuisance, police by sally

‘Revised Guidance has been published on 24 December 2017. The Home Office website states:

New guidance on the use of anti-social behaviour powers will help police and councils continue to take appropriate action against nuisance behaviours while ensuring the most vulnerable, including the homeless, are not disproportionately targeted.’

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UK Police Law Blog, 27th December 2017

Source: ukpolicelawblog.com

The Bedworth bedroom conundrum – Nearly Legal

Posted January 4th, 2018 in benefits, housing, local government, news, regulations, social security by sally

‘A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of ‘what is a bedroom’ for the purposes of Housing Benefit Reg 13 – the bedroom tax.’

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Nearly Legal, 31st December 2017

Source: nearlylegal.co.uk

Rules on properties requiring HMO licence to be strengthened from April – Local Government Lawye

‘Landlords renting properties in England occupied by five or more people, from two or more separate households, will need to hold a house of multiple occupation (HMO) licence from April 2018, Housing Minister Alok Sharma has announced.’

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Local Government Lawyer, 2nd January 2018

Source: www.localgovernmentlawyer.co.uk

Law Pod UK Ep. 19: The High Court rules on a planning authority decision – 1 COR

Posted January 4th, 2018 in historic buildings, local government, news, planning by sally

‘Rosalind English talks to Charlotte Gilmartin about the implications of a recent High Court ruling overturning Hackney council’s decision to allow permission to demolish part of a historic canal side building.’

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Law Pod UK, 21st December 2017

Source: audioboom.com

Reasons and planners again: Supreme Court – UK Human Rights Blog

Posted December 20th, 2017 in local government, news, planning, reasons by sally

‘The Supreme Court has just confirmed that this local authority should have given reasons if it wished to grant permission against the advice of its own planning officers for a controversial development to the west of Dover. ‘

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UK Human Rights Blog, 20th December 2017

Source: ukhumanrightsblog.com

Rochdale Council drops town centre swearing ban – BBC News

‘A plan to ban swearing in a town centre has been scrapped after police said it was “unenforceable”.’

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BBC News, 19th December 2017

Source: www.bbc.co.uk

Ombudsman finds fault in seven out of ten homelessness complaints – Local Government Lawyer

Posted December 18th, 2017 in complaints, homelessness, local government, news, ombudsmen, reports by sally

‘The Local Government and Social Care Ombudsman found fault in 70% of complaints about homelessness it investigated in detail in 2016/17.’

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Local Government Lawyer, 15th December 2017

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal judge refuses to set aside flawed SEN school ruling – Local Government Lawyer

Posted December 14th, 2017 in costs, education, local government, news, setting aside, special educational needs by sally

‘The First Tier Tribunal made a legal error in a case concerning which school a child with special needs should attend, but not one so serious that it required its decision to be set aside, an Upper Tribunal judge has ruled.’

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Local Government Lawyer, 13th December 2017

Source: www.localgovernmentlawyer.co.uk

Council criticised for failure to provide suitable education to boy with SEN – Local Government Lawyer

Posted December 13th, 2017 in local government, news, ombudsmen, special educational needs by sally

‘The Local Government and Social Care Ombudsman has criticised Essex County Council for failing to provide suitable education to a boy with special educational needs (SEN) for two terms after he stopped attending his special school.’

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Local Government Lawyer, December 2017

Source: www.localgovernmentlawyer.co.uk

Domestic violence: can moving power out of Whitehall make a difference? – The Guardian

Posted December 12th, 2017 in devolution, domestic violence, local government, news, victims, women by sally

‘Vital services for vulnerable women have been cut across the country, but new metro authorities could be a chance to make radical improvements.’

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The Guardian, 12th December 2017

Source: www.theguardian.com

Council secures fines for planning company over wilful obstruction of officers – Local Government Lawyer

Posted December 11th, 2017 in fines, local government, news, planning by sally

‘A planning company, and its representative, have been fined for wilfully obstructing officers from Brentwood Borough Council in the course of their work, the local authority has revealed.’

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Local Government Lawyer, 11th December 2017

Source: www.localgovernmentlawyer.co.uk

“I made him aware he is very lucky” – Nearly Legal

Posted December 11th, 2017 in homelessness, housing, local government, news, ombudsmen, reports, statutory duty by sally

‘A Local Government Ombudsman Report on the actions of Maidstone Borough Council towards a homeless household makes for depressing reading. Both for the actions (and inactions) of the Council and for what it lays bare about the attitude to the homeless.’

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Nearly Legal, 10th December 2017

Source: nearlylegal.co.uk

Human rights commission to launch its own Grenfell fire inquiry – The Guardian

‘Britain’s human rights watchdog is to launch an inquiry into the Grenfell Tower fire that will examine whether the government and the Royal Borough of Kensington and Chelsea failed in their duties to protect life and provide safe housing.’

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The Guardian, 9th December 2017

Source: www.theguardian.com

More than 30 child protection departments in special measures – The Guardian

Posted December 11th, 2017 in budgets, children, local government, news, social services by sally

‘The children’s services departments of more than 30 councils in England are in special measures, an Observer analysis has revealed.’

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The Guardian, 10th December 2017

Source: www.theguardian.com

Re M (A Child) (2017) Court of Appeal (Civil Division) – Park Square Barristers

Posted December 8th, 2017 in adoption, asylum, local government, news by sally

‘The Court of Appeal decision in Re M (A Child) (2017) has confirmed that for the purpose of conducting an assessment under the Adoption and Children Act 2002 s.42(7), a local authority are not confined to the period after the adoption application has been made; it can include periods before the application. The decision emphasises that section 42(7) should not be construed in narrow terms but it should be given a wider, purposeful interpretation.’

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Park Square Barristers, 6th December 2017

Source: www.parksquarebarristers.co.uk

Reasons – Local Government Law

Posted December 8th, 2017 in environmental protection, local government, news, planning, reasons by sally

‘In Dover District Council v CPRE Kent [2017] UKSC 79 the Supreme Court reviewed various statutory rules relating to the provision of reasons for planning decisions, observing that these rules are to be found in subordinate legislation and that it is hard to detect a coherent approach to their development. The three main categories of planning decision are: (i) decisions of Secretaries of State and inspectors, (ii) decisions by local planning authorities in connection with planning permission, and (iii) decisions, at any level, on applications for EIA development.’

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Local Government Law, 6th December 2017

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

Supreme Court rejects appeal by council over reasons for planning decision – Local Government Lawyer

‘The Supreme Court has unanimously rejected a council’s appeal over the quashing of the grant of planning permission for a controversial residential development in an area of outstanding natural beauty.’

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Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk