Service Charges: No Double Recovery – Local Government Law

Posted April 6th, 2017 in appeals, costs, housing, leases, local government, news, service charges by sally

‘In Sheffield City Council v Oliver (2007) EWCA Civ 225 the local authority was unsuccessful in its appeal from an Upper Tribunal (Lands Chamber) decision concerning the funding of major refurbishment works to several blocks of flats of which it is the freeholder.’

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Local Government Law, 5th April 2017

Source: www.11kbw.com/blogs/local-government-law

Independent Reviewing Officers – myths and misunderstandings continue – Family Law Week

‘Professor Jonathan Dickens, University of East Anglia, Norwich, considers some of the strengths and limitations of the IRO service, drawing on recent debates and the findings of a research study conducted between 2012-14.’

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Family Law Week, 6th April 2017

Source: www.familylawweek.co.uk

Supreme court upholds ban on term-time holidays – The Guardian

‘The ban on parents taking their children out of school for family holidays during term time has been upheld by the supreme court.’

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The Guardian, 6th April 2017

Source: www.guardian.co.uk

Turley v Wandsworth LBC (Secretary of State for Communities and Local Government intervening) – Arden Chambers

‘The Court of Appeal has held that the difference in the residence requirements for statutory succession to secure tenancies between married couples (or civil partners) and unmarried couples living together as man and wife (or as civil partners) under the former s.87, Housing Act 1985, was not a breach of Art.14, European Convention of Human Rights, read with Art.8.’

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Arden Chambers, 24th March 2017

Source: www.ardenchambers.com

Sheffield CC v Oliver – Arden Chambers

‘The Court of Appeal has held that the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning; accordingly, the Upper Tribunal had been wrong to hold that such costs were reduced by third-party energy-saving funding received by the landlord from an energy provider in relation to a major works programme; but the Court was required to determine for itself the “fair proportion” of the costs to which the leaseholder was required to contribute, and a deduction was to be made in relation to part of the funding received which was attributable to the leaseholder’s flat.’

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Arden Chambers, 4th April 2017

Source: www.ardenchambers.com

More than 100 parents per school day are being prosecuted for taking their children out of school, new figures show – Daily Telegraph

‘More than a hundred parents are being prosecuted per school day for taking their children out of school without permission, new figures have revealed on the eve of the Supreme Court’s ruling on term-time holidays.’

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Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

Islington LBC v Dyer – Arden Chambers

Posted April 6th, 2017 in appeals, documents, local government, news, notification, repossession by sally

‘The Court of Appeal has held that a local authority had served a valid notice of possession proceedings under s.128, Housing Act 1996, notwithstanding that the information required by s.128(7) was included in a leaflet accompanying the notice rather than in the body of the notice itself.’

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Arden Chambers, 22nd March 2017

Source: www.ardenchambers.com

Parking fine appeal success varies between council areas – BBC News

‘The likelihood of successfully challenging parking fines varies widely depending on where drivers get a ticket, research has shown.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

One in three councils targeting rough sleepers with enforcement measures: Crisis – Local Government Lawyer

‘More than one in three councils (36%) are targeting rough sleepers with enforcement measures such as Criminal Behaviour Orders (CBOs) and Public Space Protection Orders (PSPOs), research by national homelessness charity Crisis has suggested.’

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Local Government Lawyer, 4th April 2017

Source: www.localgovernmentlawyer.co.uk

Licensing Act review committee calls for ‘radical comprehensive overhaul’ – OUT-LAW.com

‘Licensing laws in England and Wales should be changed to give local planning authorities responsibility for determining the rights of businesses to sell alcohol on their premises, according to a House of Lords committee.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

Council defeats High Court challenge to masterplan and planning permissions – Local Government Lawyer

Posted April 5th, 2017 in judges, judicial review, local government, news, planning, road traffic by sally

‘A Planning Court judge has dismissed three judicial review challenges to Newcastle City Council’s adoption of a masterplan for a major development and two subsequent grants of planning permission.’

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Local Government Lawyer, 3rd April 2017

Source: www.localgovernmentlawyer.co.uk

Council faces complaint to competition watchdog over incinerator contract – Local Government Lawyer

Posted April 4th, 2017 in competition, complaints, local government, news by sally

‘A community-led recycling organisation has submitted a complaint to the Competition and Markets Authority claiming that a county council’s contract with an incinerator company breaks competition law.’

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Local Government Lawyer, 3rd April 2017

Source: www.localgovernmentlawyer.co.uk

Local authorities launch legal action over plans to downgrade hospital – Local Government Lawyer

Posted April 3rd, 2017 in hospitals, judicial review, local government, news by sally

‘A group of local authorities have launched a judicial review challenge over what they described as a “confusing and flawed” consultation process on plans to downgrade services at a local hospital.’

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Local Government Lawyer, 31st March 2017

Source: www.localgovernmentlawyer.co.uk

Just too much effort… Barnet and homeless applications – Nearly Legal

‘The Local Government Ombudsman has issued a quite withering decision on a complaint about Barnet Council’s failure to make a formal decision on repeated homeless applications by a homeless woman.’

Full story

Nearly Legal, 30th March 2017

Source: www.nearlylegal.co.uk

Child locked locked in bedroom by grandparents is taken into care – Daily Telegraph

‘A child was taken away from her grandparents and put into foster care after they locked her in her room overnight.’

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Daily Telegraph, 2nd April 2017

Source: www.telegraph.co.uk

Supreme Court refuses to hear case on council tax position where tenant moves out – Local Government Lawyer

Posted March 31st, 2017 in council tax, landlord & tenant, local government, news by sally

‘The Supreme Court has refused to grant Leeds City Council permission to appeal a key ruling over whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended.’

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Local Government Lawyer, 30th March 2017

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules against twin sisters over occupation of council flat – Local Government Lawyer

Posted March 29th, 2017 in appeals, landlord & tenant, local government, news, rent, repossession by sally

‘Twins who did not occupy a council flat as their main residence were not entitled to remain there having built up substantial rent arrears, the Court of Appeal has said.’

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Local Government Lawyer, 29th March 2017

Source: www.localgovernment.co.uk

Councils struggle to meet duties under Children Act – Local Government Lawyer

Posted March 24th, 2017 in children, local government, news, statutory duty by sally

‘Some local authorities are no longer fulfilling their statutory duties to children and nearly nine out of ten local authorities are finding it “increasingly challenging”, according to a new report from the All Party Parliamentary Group on Children.’

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Full report

Local Government Lawyer, March 2017

Source: www.localgovernmentlawyer.co.uk

Mental Capacity and Deprivation of Liberty: Law Commission Report Summary – Halsbury’s Law Exchange

‘Thousands of vulnerable people with dementia and learning disabilities are being detained in hospitals and care homes without the appropriate checks, due to a law unfit for purpose according to the Law Commission.’

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Halsbury’s Law Exchange, 13th March 2017

Source: www.halsburyslawexchange.co.uk

MPs slam funding crisis and ‘postcode lottery’ of children’s services – The Guardian

Posted March 21st, 2017 in children, local government, news, parliament, reports, social services by sally

‘Children’s social services are being engulfed by a funding crisis in which nine out of 10 local authorities are struggling to meet their legal duties and families face a postcode lottery, a damning report has concluded.’

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The Guardian, 20th March 2017

Source: www.guardian.co.uk