Council acknowledges “serious historic failings” which led to busway deaths – Local Government Lawyer

Posted September 4th, 2024 in employment, health & safety, local government, news by sally

‘Cambridgeshire County Council is to plead guilty to two health and safety offences after the deaths of 3 people on a guided busway, admitting that it fell “far short” of meeting the highest standards of health and safety at work.’

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Local Government Lawyer, 3rd September 2024

Source: www.localgovernmentlawyer.co.uk

Waste company pays £100k to Nature Recovery Project after fire at site – Local Government Lawyer

Posted September 4th, 2024 in enforcement, environmental protection, fire, local government, news, pollution, waste by sally

‘A West Midlands waste operator has paid £100,000 to a local wildlife project as an Enforcement Undertaking following a fire at one of its sites.’

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Local Government Lawyer, 3rd September 2024

Source: www.localgovernmentlawyer.co.uk

High Court Upholds Costs Orders Against Halton Borough Council Over Planning Inquiry – Local Government Lawyer

‘The High Court has upheld two costs orders against Halton Borough Council following the collapse of a planning inquiry due to the failure of the council’s expert witness to support its case.’

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Local Government Lawyer, 4th September 2024

Source: www.localgovernmentlawyer.co.uk

Charity watchdog issues first ever “official warning” to council for failing to properly manage 13 charities – Local Government Lawyer

Posted September 3rd, 2024 in charities, Charity Commission, local government, maladministration, news, trusts by sally

‘The Charity Commission for England and Wales has issued Calderdale Council with an Official Warning of misconduct and/or mismanagement after it failed to comply with its duties as trustee of 13 charities.’

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Local Government Lawyer, 2nd September 2024

Source: www.localgovernmentlawyer.co.uk

Re: D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 – St Ives Chambers

Posted September 2nd, 2024 in accidents, appeals, care orders, children, expert witnesses, families, local government, news by sally

‘The recent Court of Appeal decision in D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 considered issues about the use of medical research literature as evidence in care proceedings under Part IV of the Children Act 1989. This case is an important decision, reminding practitioners of the importance of oral evidence and the evidence provided by expert witnesses in a time when the Government is running a pilot programme which might limit both of those things.’

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St Ives Chambers, 8th August 2024

Source: www.stiveschambers.co.uk

Arguing Incompatibility: Lessons from the Court of Appeal – St Philips Barristers

‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’

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St Philips Barristers, 19th August 2024

Source: st-philips.com

Upper Tribunal allows appeal by council over imposition of conditions that compromised enforcement notice – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has overturned a decision of the First-Tier Tribunal (Property Chamber), which it said had not been entitled to impose conditions which had the effect of compromising an enforcement notice and would “perpetuate the harm to the landscape and heritage assets identified by the inspector”.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

Council decision-making procedures and legal advice “not followed” during closure of care home, independent review finds – Local Government Lawyer

Posted August 30th, 2024 in care homes, local government, news by sally

‘An independent review into Wakefield Council’s decision to close a residential care home, moving some residents in less than 48 hours, has found that the council’s decision-making procedures were “not followed properly”, and that there wasn’t enough focus on the needs of residents.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge criticises council over handling of contempt proceedings in dispute over riverboats – Local Government Lawyer

Posted August 30th, 2024 in injunctions, local government, news, nuisance, trespass by sally

‘The London Borough of Richmond has lost a case over mooring on the River Thames in which a judge had earlier “excoriated” another judge’s order.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

Protected beliefs and pronouns policies – Local Government Lawyer

‘The Employment Tribunal has found that ‘XYchromosomeGuy’ who objected to his local authority employer’s pronouns policy was fairly dismissed. Jo Moseley looks at the lessons from the case.’

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Local Government Lawyer, 28th August 2024

Source: www.localgovernmentlawyer.co.uk

Positive action v positive discrimination: how to avoid crossing the (thin blue) line – Local Government Lawyer

‘To what extent can employers appoint or promote someone because they have a protected characteristic that is under-represented in their organisation? Jo Moseley analyses a recent Employment Tribunal ruling involving a police force.’

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Local Government Lawyer, 28th August 2024

Source: www.localgovernmentlawyer.co.uk

Councils and charity trustees – Local Government Lawyer

Posted August 28th, 2024 in charities, Charity Commission, local government, news by sally

‘The Charity Commission has issued a warning to local authorities over the failure to comply with legal duties as charity trustees. Paul Hilsdon looks at the steps councils should take.’

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Local Government Lawyer, 28th August 2024

Source: www.localgovernmentlawyer.co.uk

Homes seized from landlord after complaints ignored – BBC News

Posted August 28th, 2024 in complaints, housing, landlord & tenant, local government, news, rent, repairs by sally

‘A private landlord who ignored tenants’ complaints has had their properties seized by a local authority.’

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BBC News, 28th August 2024

Source: www.bbc.co.uk

Teenager with significant support needs left days from homelessness due to ‘unfathomable’ council failings: Ombudsman – Local Government Lawyer

‘The Local Government and Social Care Ombudsman (LGSCO) has found fault in the actions of Devon County Council after it left a teenager with needs including Autism and ADHD less than a week away from being made homeless because the council had not decided where he should live when he became 18.’

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Local Government Lawyer, 22nd August 2024

Source: www.localgovernmentlawyer.co.uk

Council to pay family more than £5k after placing them in B&B accommodation for six months – Local Government Lawyer

Posted August 27th, 2024 in families, homelessness, housing, local government, news, ombudsmen, statutory duty by sally

‘The Local Government and Social Care Ombudsman (LGSCO) has found that Birmingham City Council failed to provide suitable accommodation to a family placed in bed and breakfast (B&B) accommodation for more than 26 weeks, 20 weeks over the maximum time such accommodation can be used for homeless applicants with dependent children.’

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Local Government Lawyer, 22nd August 2024

Source: www.localgovernmentlawyer.co.uk

Procurement Act guidance on frameworks is out – Buyers beware! – Local Government Lawyer

‘The latest batch of guidance on the Procurement Act 2023 (the Act) released by the Cabinet Office includes the eagerly awaited guidance on frameworks. Dr Steven Brunning looks at the key considerations.’

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Local Government Lawyer, 16th August 2024

Source: www.localgovernmentlawyer.co.uk

The interpretation of teaching regulation legislation – Local Government Lawyer

‘Leon Glenister reports on a successful defence to a judicial review challenging the established interpretation of teaching regulation legislation.’

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Local Government Lawyer, 19th August 2024

Source: www.localgovernmentlawyer.co.uk

Legal bid to stop 25% cut in affordable childcare – BBC News

‘Hackney Council is facing a High Court challenge by campaigners battling to save two children’s centres from closure.’

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BBC News, 18th August 2024

Source: www.bbc.co.uk

Claimant wins High Court challenge to council over failure to secure suitable accommodation, conduct lawful assessment of children – Local Government Lawyer

‘The London Borough of Bexley failed to secure suitable accommodation for claimant ZRR in breach of section 190 of the Housing Act 1996 and failed to conduct a lawful needs assessment of her children under section 17 of the Children Act 1989, the High Court has found.’

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Local Government Lawyer, 15th August 2024

Source: www.localgovernmentlawyer.co.uk

Suitable accommodation under section 190 Housing Act 1996 – Nearly Legal

Posted August 12th, 2024 in homelessness, housing, judicial review, local government, news, statutory duty by sally

‘ZRR, R (On the Application Of) v London Borough of Bexley (2024) EWHC 2073 (Admin). This was a judicial review of Bexley’s contention that temporary accommodation offered to ZRR under s.190 Housing Act 1996 was suitable and its duty was discharged when ZRR refused that accommodation.’

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Nearly Legal, 11th August 2024

Source: nearlylegal.co.uk