Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers

‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers

‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Homelessness Update – Doughty Street Chambers

‘Annual Review of Developments in Homelessness Law presentation slides.’

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Doughty Street Chambers, 17th November 2017

Source: www.doughtystreet.co.uk

Commercial property: Restrictive covenants – Law Society’s Gazette

Posted November 22nd, 2017 in insurance, local government, London, news, planning, restrictive covenants, tribunals by sally

‘There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an effective way of controlling development of land indefinitely. However, not all restrictions are worthy of preservation, so the Law of Property Act 1925 contains in section 84 a mechanism for the release of land from restrictive covenants in certain circumstances.’

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Law Society's Gazette, 20th November 2017

Source: www.lawgazette.co.uk

Court of Appeal rejects challenge over power to close parks for festivals – Local Government Lawyer

‘The Court of Appeal has rejected an attempt to stop London boroughs holding large music festivals in public parks, setting up a potential Supreme Court challenge.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Further education college wins court battle with vending company over fire – Local Government Lawyer

Posted November 22nd, 2017 in damages, evidence, expert witnesses, fire, judges, local government, news, statutory duty by sally

‘A judge has held a vending machine company responsible for fire damage at a further education college after a complex dispute involving conflicting views among expert witnesses.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Re-classifying housing associations – Nearly Legal

Posted November 21st, 2017 in budgets, housing, local government, news, regulations by sally

‘Slightly under the radar (possibly), but of enormous significance, the ONS has re-classified housing associations (or private registered providers of social housing – in the new language which I can’t get used to) as private sector, and in so doing has wiped around £60billion off the public sector debt. It is this re-classification which has given Hammond room to manoeuvre in the coming budget (although the rumours are that he is going to put £5billion only, and that appears to be going towards home ownership – plus ca change), which kind of proves the value in spreadsheets and the significance of audit practices.’

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Nearly Legal, 21st November 2017

Source: nearlylegal.co.uk

Council bans care home’s £1 bingo competition and accuses OAPs of breaking illegal gambling laws – Daily Telegraph

Posted November 20th, 2017 in care homes, gambling, local government, news by sally

‘Pensioners at a care home have had their £1 bingo competition banned after a council accused them of breaking the law against illegal gambling dens.’

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Daily Telegraph, 19th November 2017

Source: www.telegraph.co.uk

“After care services” – when is a local authority required to provide after care services – s.3 mental health act 1983 – Zenith PI

Posted November 15th, 2017 in community care, detention, local government, mental health, news by sally

‘Tinsley v Manchester City Council & others [2017] EWCA CIV 1704. The question in the appeal: Is a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983 (“the 1983 Act”) and has then been released from detention but still requires “after-care services” entitled to require his local authority to provide such services at any time before he had exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor.’

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Zenith PI, 13th November 2017

Source: zenithpi.wordpress.com

Judge allows naming of council involved in special guardianship case – Local Government Lawyer

Posted November 10th, 2017 in anonymity, guardianship, local government, news by sally

‘A judge has allowed Gloucestershire County Council to be identified in a child guardianship case.’

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Local Government Lawyer, 9th November 2017

Source: www.localgovernmentlawyer.co.uk

Aspects of burial law from Brady’s funeral judgment – Law & Religion UK

‘On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch) concerning the arrangements for the disposal of the body of Ian Stewart-Brady, formerly Ian Brady (the “deceased”), one of the infamous Moors murderers. We posted some initial comments based upon the Court’s judgment and the Summary which it produced “to assist in understanding the Court’s decision”.’

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Law & Religion UK, 8th November 2017

Source: www.lawandreligionuk.com

Employee wins partial victory on harassment in pot plant case – Local Government Lawyer

‘A Westminster City Council employee has won a partial victory at an employment tribunal in a case that arose over a disputed pot plant.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk

Court refuses to quash decision to issue summons for alleged housing offences – Local Government Lawyer

Posted November 8th, 2017 in Administrative Court, documents, judicial review, local government, mistake, news by sally

‘A minor error on a summons issued by a borough council in relation to alleged Housing Act offences did not invalidate it, the Adinistrative Court has ruled.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk

Council loses appeal over after-care services and personal injury damages – Local Government Lawyer

Posted November 3rd, 2017 in appeals, community care, local government, mental health, news by sally

‘Manchester City Council has lost an appeal over whether a person who has been compulsorily detained in a hospital for mental disorder under the Mental Health Act 1983 and has then been released from detention but still requires “after-care services” is entitled to require his local authority to provide such services at any time before he has exhausted the sums received in damages from his personal injury claim.’

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Local Government Lawyer, 3rd November 2017

Source: localgovernmentlawyer.co.uk

Tower Hamlets rejects concerns over Muslim foster family – BBC News

Posted November 2nd, 2017 in fostering, local government, news, reports by sally

‘The council responsible for the care of a five-year-old girl who was placed with Muslim foster family has rejected concerns about her treatment.’

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BBC News, 1st November 2017

Source: www.bbc.co.uk

How long has this been going on? – settled accommodation – Nearly Legal

‘The issue in this second appeal was what amounts to ‘settled accommodation’, sufficient to break the chain of causation of intentional homelessness.’

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Nearly Legal, 29th October 2017

Source: nearlylegal.co.uk

High Court hears judicial review challenge over £2bn development vehicle – Local Government Lawyer

‘The High Court has this week begun hearing a judicial review challenge to the London Borough of Haringey’s decision to establish the Haringey Development Vehicle (HDV), which is said to be the largest local authority development vehicle of its kind.’

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Local Government Lawyer, 26th October 2017

Source: www.localgovernmentlawyer.co.uk

Rogue landlords enjoy an easy ride as councils fail to prosecute – The Guardian

‘Councils across Britain have been accused of letting rogue landlords off the hook, after new figures revealed that most have failed to secure a single prosecution.’

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The Guardian, 28th October 2017

Source: www.theguardian.com

Public Law Podcast Seminar on Radicalisation Part 1: Civil Law and Closed Hearing – UK Human Rights Blog

The first episode from the Public Law Seminar given by members of 1 Crown Office Row is now available for podcast download here or from iTunes under Law Pod UK. Look for Episode 13: Tackling radicalisation through the civil courts.

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UK Human Rights Blog, 26th October 2017

Source: ukhumanrightsblog.com

Local authority wins tribunal case over student accommodation and council tax – Local Government Lawyer

‘The Valuation Tribunal has dismissed an appeal by a student accommodation provider over the application of council tax exemptions to student flats.’

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Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk