Hertfordshire CC v Davies – Arden Chambers

Posted July 6th, 2017 in employment, housing, human rights, local government, news, repossession by sally

‘The High Court has held that the exclusion from security of tenure for service occupiers is not unlawful discrimination contrary to Art.14, European Convention on Human Rights.’

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Arden Chambers, 21st June 2017

Source: www.ardenchambers.com

Allocations: Local Lettings and Undisclosed Policies – Garden Court Chambers

‘The defendant, Islington Borough Council, maintained an allocation scheme which provided that certain categories of people were excluded from joining the housing register, including those who had lived in the borough for less than three out of the previous five years. However, the scheme allowed for exceptions to be made. In particular, in respect of homeless applicants to whom a long-term housing duty under Part 7 Housing Act 1996 had been accepted.’

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Garden Court Chambers, 5th July 2017

Source: www.gardencourtchambers.co.uk

Whether a Room is a “Bedroom” for the Purposes of the Bedroom Tax – Garden Court Chambers

‘In Secretary of State for Work and Pensions v The City of Glasgow Council & IB [2017] CSIH 35, 31 May 2017 (Lord Brodie, Lady Clark of Calton and Lord Glennie) the Court of Session in Scotland considered what factors should be taken into account in establishing whether a room is a bedroom for the purposes of Reg B13 of the Housing Benefit Regulations 2006 SI 2013 (the bedroom tax).’

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Garden Court Chambers, 3rd July 2017

Source: www.gardencourtchambers.co.uk

Service Occupiers: Exclusion from Security of Tenure Regime Compatible with ECHR – Garden Court Chambers

‘The claimant, Hertfordshire County Council, were the owners of a bungalow occupied by the defendant, Mr Davies, and his family. The accommodation was tied to a local school, and Mr Davies had lived there since 2003 in his role as caretaker for the school.’

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Garden Court Chambers, 5th July 2017

Source: www.gardencourtchambers.co.uk

Sustainable development: what does it mean and when is there a presumption in favour of it? – No. 5 Chambers

Posted July 5th, 2017 in appeals, interpretation, local government, news, planning by sally

‘Case law junkies will no doubt recall that this was Barwood’s appeal against the decision of Green J in the High Court, who ruled that there is no presumption in favour of sustainable development (“PIFSD”) in cases were NPPF paragraph 14 is not engaged. The dispute over whether the NPPF (when looked at as a whole) contains a general presumption in favour of sustainable development, or whether such a presumption arises if and only if the development plan is absent, silent or relevant policies are out of date (NPPF14), has been rumbling on ever since the decision of Coulson J in Wychavon DC v SSCLG [2016] EWHC 592 (Admin).’

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No. 5 Chambers, 4th July 2017

Source: www.no5.com

Flushing out Wrongdoing: the DPA and the Publication of Allegations about Toilets – Panopticon

Posted July 3rd, 2017 in data protection, judicial review, local government, news by sally

‘Local government is an exciting place. And because it is an exciting place, filled with thrusting go-getting types who live on the edge of danger, there is the risk of occasional accusations of wrongdoing. Councillor Hussain, a Labour member, of that parish is the subject of serious allegations – which have not yet been determined – to whit that he procured the sale of some toilets to a person connected to him at an undervalue and that he expunged some parking tickets issued to family members.’

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Panopticon, 30th June 2017

Source: panopticonblog.com

No bans on local authority disinvestment decisions – Local Government Lawyer

Posted July 3rd, 2017 in local government, news, pensions by sally

‘The High Court recently heard a challenge to government guidance on the investment strategy for the local government pension scheme that sought to prevent boycotts, divestment and sanctions against foreign nations and UK defence industries. David Hart QC analyses the outcome.’

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Local Government Lawyer, 29th June 2017

Source: localgovernmentlawyer.co.uk

Protection from prosecution for unlawful subletting at Grenfell Tower – Attorney General’s Office

‘Guidance has been issued to prosecutors not to bring charges for unlawful subletting at Grenfell Tower so that victims can be identified.’

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Attorney General's Office, 2nd July 2017

Source: www.gov.uk

Grenfell Tower fire: No prosecutions for subletting of flats, government promises – BBC News

Posted July 3rd, 2017 in fire, health & safety, leases, local government, news, prosecutions, rent by sally

‘No-one will be prosecuted for illegally subletting a Grenfell Tower flat, the government says, as work continues to identify all those killed in the fire.’

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BBC News, 2nd July 2017

Source: www.bbc.co.uk

Local government pension scheme investment guidance was unlawful, High Court rules – OUT-LAW.com

Posted June 29th, 2017 in EC law, financial regulation, local government, news, pensions by sally

‘Government guidance preventing the local government pension scheme (LGPS) from pursuing boycotts as part of their investment strategies has been found unlawful by the High Court.’

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OUT-LAW.com, 28th June 2017

Source: www.out-law.com

Legal aid cuts ‘may have stopped Grenfell tenants pursuing safety concerns’ – The Guardian

‘Cuts to legal aid may have stopped tenants in Grenfell Tower from pursuing safety concerns that could have prevented the fire, the president of the Law Society, Robert Bourns, has suggested.’

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The Guardian, 29th June 2017

Source: www.theguardian.com

Sikh couple in legal action after adoption agency tells them not to apply – Local Government Lawyer

Posted June 28th, 2017 in adoption, equality, local government, news, ombudsmen, race discrimination by sally

‘A British couple of Sikh Indian heritage are to bring legal action after they were told by a council-run adoption agency not to apply to become adoptive parents because only white babies were available.’

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Local Government Lawyer, 27th June 2017

Source: www.localgovernmentlawyer.co.uk

Grenfell Tower fire: tenants’ rights and the gaps in the law – Legal Voice

‘The Grenfell Action Group and residents raised repeated concerns about the apparent neglect of health and safety legislation. Whilst there are several potential causes of action, the reality for tenants is that they would have struggled to bring a claim for a number of reasons.’

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Legal Voice, 23rd June 2017

Source: www.legalvoice.org.uk

Minister acted unlawfully in issuing boycotts ban for LGPS investment, judge rules – Local Government Lawyer

‘The Communities Secretary acted for an unauthorised purpose and therefore unlawfully when he issued statutory guidance on the investment strategy for the local government pension scheme (LGPS) that sought to prevent boycotts, divestment and sanctions against foreign nations and UK defence industries.’

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Local Government Lawyer, 23rd June 2017

Source: www.localgovernmentlawyer.co.uk

No bans on local authority disinvestment decisions – UK Human Rights Blog

‘Many people like to have a say over the investment policies of their pension funds. They may not want investment in fossil fuels, companies with questionable working practices, arms manufacturers, Israel or indeed any company which supports Israel’s occupation of the West Bank and Gaza Strip – to choose but a few of people’s current choices. And pension funds, left to their own devices, may wish to adopt one or more of these choices to reflect their pensioners’ views.’

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UK Human Rights Blog, 25th June 2017

Source: ukhumanrightsblog.com

Legal aid cuts have left residents no way to challenge sub-standard housing – The Guardian

‘The Grenfell Tower action group had no access to legal aid. Residents at risk in their homes want straightforward, enforceable legal remedies to keep them safe.’

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The Guardian, 26th June 2017

Source: www.theguardian.com

Continuing Duty under s.17 Children Act 1989 – Community Care Blog

Posted June 23rd, 2017 in children, housing, judicial review, local government, London, news, statutory duty by sally

“The Administrative court has confirmed that the duty on local authorities under s.17 of the Children Act 1989 is an ongoing one and held that Lewisham London Borough Council had acted irrationally in concluding in a follow-up assessment that a mother had the means to provide her children with accommodation and that the children were not in need within the meaning of s.17.”

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Community Care Blog, 22nd June 2017

Source: communitycare11kbw.com

Government acted unlawfully by restricting ‘ethical’ boycotts of Israel, High Court rules – The Independent

‘The Government acted unlawfully by seeking to restrict “ethical” boycotts of Israel, the High Court has ruled. After accepting a judicial review, the judge said Sajid Javid, the Secretary of State for Communities and Local Government, acted unlawfully in issuing guidance to restrict local councils from pursuing boycott, divestment and sanctions (BDS) against Israel through their pension schemes.’

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The Independent, 22nd June 2017

Source: www.independent.co.uk

Council agrees £13m payout to family of boy injured at swimming pool – Local Government Lawyer

Posted June 22nd, 2017 in compensation, local government, negligence, news, personal injuries by sally

‘Northampton Borough Council is to pay £13m to the family of a boy who was left with brain injuries after nearly drowning in a council swimming pool in 2002.’

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Local Government Lawyer, 21st June 2017

Source: localgovernmentlawyer.co.uk

Refugee campaigners launch legal challenge over Home Office ‘failure’ to implement Dubs scheme – The Independent

‘Campaigners have launched a High Court challenge against the Government over the number of unaccompanied child refugees accepted into the UK under the Dubs scheme.’

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The Independent, 20th June 2017

Source: www.independent.co.uk