Tribunal refuses to force council to disclose legal advice over costs of employment case involving mayor – Local Government Lawyer

Posted October 25th, 2017 in costs, disclosure, indemnities, local government, news, privilege, tribunals by michael

‘A member of the public has failed in a bid to force Liverpool City Council to disclose the legal advice behind its decision to pay the costs incurred by elected mayor Joe Anderson in an unfair dismissal case.’

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Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk

On the spot litter fines to double to £150 as drivers face penalties for rubbish thrown from their cars – Daily Telegraph

Posted October 25th, 2017 in environmental protection, fines, litter, local government, news by michael

‘From April next year, the maximum fixed penalty councils can hand out to people dropping litter or throwing rubbish from cars will rise from £80 to £150.’

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Daily Telegraph, 24th October 2017

Source: www.telegraph.co.uk

Council wins appeal over residential care payments and revenue streams – Local Government Lawyer

Posted October 24th, 2017 in appeals, care homes, elderly, fees, local government, news by sally

‘The Court of Appeal has allowed a council’s appeal over whether it could lawfully take into account three revenue streams – private fees, top up payments and NHS payments – when making an evaluative judgement of what it would expect to pay for residential care for the elderly.’

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Local Government Lawyer, 23rd October 2017

Source: www.localgovernmentlawyer.co.uk

Supreme Court: local authority ‘vicariously liable’ for abuse of child in foster care – OUT-LAW.com

‘A local authority has been held vicariously liable for the abuse of a woman by two sets of foster parents she was placed with as a child, despite not being negligent in its selection or supervision of the foster parents.’

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OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Lucy Eastwood – “A law on the move: Are Local Authorities vicariously liable for abuse committed by foster parents against children in their care?” – UK Human Rights Blog

‘The law of vicarious liability is on the move” proclaimed Lord Phillips in the last judgment he delivered as President of the Supreme Court: Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, (“the Christian Brothers case”). In a judgment recently handed down by the Supreme Court in the case of Armes (Appellant) v Nottinghamshire County Council (Respondent) [2017] UKSC 60, His Lordship has been proved correct.’

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UK Human Rights Blog, 23rd October 2017

Source: ukhumanrightsblog.com

The future approach: Using a preventative injunction to protect green spaces? – Hardwicke Chambers

Posted October 20th, 2017 in environmental protection, injunctions, local government, news, waste by sally

‘There are few sights more unpleasant when walking in our green and pleasant land than that of human waste i.e. faeces selfishly deposited on the ground without any thought for those that wish to enjoy the beauty of our green spaces. Added to the problem of personal waste, is domestic waste1 and industrial scale fly-tipping from contractors, the general public at large and travellers involved in a commercial waste business (for example, who dump waste such as asbestos, rubble, soil, and other hazardous materials) and you have a major waste issue up and down the country. Indeed, due to the fact that most authorities now charge for the disposal of domestic and business waste, fly tipping is a major problem as people do not want to pay for it to be disposed of properly.2 This is a particular problem for local authorities in the country whose primary responsibility is to ensure the safety of its green spaces for its residents and visitors.’

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Hardwicke Chambers, 16th October 2017

Source: www.hardwicke.co.uk

Panayiotou v Waltham Forest LBC; Smith v Haringey LBC – Arden Chambers

Posted October 20th, 2017 in disabled persons, homelessness, housing, local government, mental health, news by sally

‘The Court of Appeal has held that whether a person has a priority need for accommodation by reason of vulnerability requires consideration of whether he is “significantly” more vulnerable in a way that is relevant to his ability to deal with the consequences of homelessness; the question is qualitative, not quantitative.’

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Arden Chambers, 19th October 2017

Source: www.ardenchambers.com

Foster care abuse victims urged to speak out after ruling – BBC News

Posted October 20th, 2017 in child abuse, fostering, local government, news, vicarious liability, victims by sally

‘A woman who won a “landmark” legal battle against a council after being abused by foster parents as a child has urged more victims to speak out.’

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BBC News, 19th October 2017

Source: www.bbc.co.uk

Family Drug and Alcohol Court and councils to receive £6m+ from social impact bond – Local Government Lawyer

Posted October 20th, 2017 in alcohol abuse, courts, drug abuse, local government, news by sally

‘The Family Drug and Alcohol Court (FDAC) and partner local authorities are to receive £6.2m over seven years through a social impact bond to support its work within the family court system, the Government has announced.’

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Local Government Lawyer, 18th October 2017

Source: www.localgovernmentlawyer.co.uk

Supreme Court find local authority vicariously liable for abuse committed by foster carers – Family Law

Posted October 20th, 2017 in child abuse, fostering, local government, news, vicarious liability by sally

‘In Armes (Appellant) v Nottinghamshire County Council (Respondent) [2017] UKSC 60, the Supreme Court held Nottinghamshire County Council were vicariously liable for the physical, emotional and sexual abuse committed by foster parents to the appellant (Armes) during her time in foster care. The local authority can be held vicariously liable only in situations involving placements with foster carers. Zoe Fleetwood, solicitor and partner, and Hannah Duddridge, paralegal, from Dawson Cornwell, highlight that such vicarious liability does not extend to the local authority in situations involving child placements with family members.’

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Family Law, 19th October 2017

Source: www.familylaw.co.uk

Councils face rise in claims after Supreme Court rules on foster abuse liability – Local Government Lawyer

Posted October 19th, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by sally

‘Local authorities face a significant increase in claims after a majority of the Supreme Court ruled that councils can be held vicariously liable for wrongful actions of foster parents to a child in foster care.’

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Local Government Lawyer, 18th October 2017

Source: localgovernmentlawyer.co.uk

Foster care abuse victim in ‘landmark’ win against council – BBC News

‘A woman who was abused as a child by her foster parents has won a Supreme Court battle against the local authority responsible for her care.’

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BBC News, 18th October 2017

Source: www.bbc.co.uk

Ealing abortion clinic protest ban approved – BBC News

Posted October 11th, 2017 in abortion, demonstrations, local government, London, news by sally

‘An “unprecedented” ban on protesters outside abortion clinics could be introduced in a London borough. Councillors in Ealing overwhelmingly backed a proposal to stop anti-abortion groups protesting outside a Marie Stopes clinic in the borough.’

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BBC News, 11th October 2017

Source: www.bbc.co.uk

Council fined £150k over failures on hand arm vibration syndrome – Local Government Lawyer

Posted October 10th, 2017 in costs, fines, health & safety, local government, news by sally

‘A Welsh council has been fined £150,000 after a 57-year old employee in its StreetScene department was diagnosed with Hand Arm Vibration Syndrome (HAVS).’

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Local Government Lawyer, 9th October 2017

Source: www.localgovernmentlawyer.co.uk

SRA guidance to stop many council legal trading activities “dead in their tracks” – Local Government Lawyer

‘The Solicitors Regulation Authority last month published long-awaited guidance on a key section of the Legal Services Act 2007 that it is claimed will stop many local authorities’ legal services trading activities “dead in their tracks”.’

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Local Government Lawyer, 6th October 2017

Source: www.localgovernmentlawyer.co.uk

Cost of welfare litigation in Court of Protection “may have chilling effect”: report – Local Government Lawyer

Posted October 6th, 2017 in costs, Court of Protection, local government, news by sally

‘The cost to public authorities of welfare litigation in the Court of Protection “may have a chilling effect on their willingness to refer disputes to court where appropriate”, researchers have said.’

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Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

Vulnerability, medical evidence & Now Medical – Nearly Legal

Posted October 5th, 2017 in expert witnesses, homelessness, local government, mental health, news by sally

‘Thomas v Lambeth LBC, County Court at Central London, 16 March 2017. This is a s.204 appeal in the County Court of a vulnerability decision by Lambeth. Of particular interest is that the judgment concerns and indeed turns on Now Medical reports on the homeless applicant and the use made of them by LB Lambeth on s.184 decision and on s.202 review.’

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Nearly Legal, 3rd October 2017

Source: nearlylegal.co.uk

LGO criticises failure of council to assess vulnerable young children at risk of harm – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has accused a council of not doing enough to safeguard a family who made multiple appeals for help to protect their younger children from threats of violence made by their teenage son.’

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Local Government Lawyer, 4th October 2017

Source: localgovernmentlawyer.co.uk

Supreme Court to consider legal standard on adequacy of reasons in planning – Local Government Lawyer

Posted October 2nd, 2017 in judicial review, local government, news, planning, reasons, standards, Supreme Court by sally

‘The Supreme Court will next month consider the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission.’

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Local Government Lawyer, 29th September 2017

Source: www.localgovernmentlawyer.co.uk

The felling of protest? – UK Police Law Blog

‘In Sheffield City Council v Fairhall [2017] EWHC 2121 (QB), the Court has been asked to consider the extent to which the decision in DPP v Jones [1999] UKHL 5; [1999] 2 AC 240 can be relied upon as a right to conduct peaceful but disruptive protest on the highway.’

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UK Police Law Blog, 30th September 2017

Source: ukpolicelawblog.com