Essex agrees payouts, review of foster care placement terminations after LGO report – Local Government Lawyer

‘Essex County Council social workers moved a vulnerable teenager from her aunt and uncle’s care without warning, and then failed to follow the statutory children’s complaints process, the Local Government Ombudsman (LGO) has said.’

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Local Government Lawyer, 15th March 2017

Source: www.localgovernmentlawyer.co.uk/

Judge rules campaigners did not have standing to bring procurement challenge – Local Government Lawyer

Posted March 13th, 2017 in local government, news, public procurement by sally

‘Waverley Borough Council has persuaded a High Court judge that a group of councillors and local residents did not have standing to bring a judicial review claim that a contract with a developer had been varied in breach of procurement law.’

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Local Government Lawyer, 10th March 2017

Source: www.localgovernmentlawyer.co.uk

Ealing defeats latest challenge to siting of QPR training on metropolitan open land – Local Government Lawyers

Posted March 13th, 2017 in commons, local government, London, news, planning, sport by sally

‘The London Borough of Ealing has successfully defended its decision-making in the latest round of litigation over the proposed siting of training facilities for football club Queen’s Park Rangers on metropolitan open land (MOL).’

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Local Government Lawyer, 10th March 2017

Source: www.localgovernmentlawyer.co.uk

World enough and time – suitability, distance and time – Nearly Legal

Posted March 13th, 2017 in appeals, children, housing, local government, London, news by sally

‘A section 204 Housing Act 1996 appeal of the suitability of LB Brent’s offer of private sector accommodation to Mr B of a property in Birmingham. Mr B, his wife and three daughters were in temporary accommodation in Brent, a full s.193 housing duty having been accepted by Brent. In 2014, an offer of accommodation in Birmingham was made. Mr B sought a review, which upheld suitability. A s.204 appeal was settled on the basis of a fresh review. That review decision of May 2016, again upholding suitability, was the subject of the present appeal.’

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Nearly Legal, 10th March 2017

Source: www.nearlylegal.co.uk

War graves lost as court gives council permission to bury civilians on top of World War I soldiers – Daily Telegraph

‘London council is to be allowed to bury people in land on top of war graves after a Church of England court gave it permission.’

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Daily Telegraph, 10th March 2017

Source: www.telegraph.co.uk

City fails in High Court challenge over adjudicator rulings on bus lane signs – Local Government Lawyer

Posted March 10th, 2017 in judicial review, local government, news, road traffic, roads, transport by sally

‘Nottingham City Council has failed in a High Court challenge to the Bus Lane Adjudicator’s decision that the local authority’s road signs for a pedestrian zone failed to provide adequate information to road users of a bus lane.’

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Local Government Lawyer, 10th March 2017

Source: www.localgovernmentlawyer.co.uk

May a parish council grant-aid a place of worship? – Law & Religion UK

Posted March 9th, 2017 in Church of England, historic buildings, local government, news by sally

‘he following is based on a recent submission of the Historic Religious Buildings Alliance (HRBA) to the DCMS English Churches and Cathedrals Sustainability Review and is posted with the kind permission of the HRBA Chairman, Trevor Cooper.’

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Law & Religion UK, 7th March 2017

Source: www.lawandreligionuk.com

Museum workers win employment tribunal case against council – Local Government Lawyer

Posted March 9th, 2017 in employment tribunals, local government, news, remuneration by sally

‘Brighton & Hove City Council has lost an employment tribunal case brought by its museum staff over unlawful deductions from wages.’

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Local Government Lawyer, 9th March 2017

Source: www.localgovernmentlawyer.co.uk

Care home owners seek to bar council officers from entering premises – Local Government Lawyer

Posted March 9th, 2017 in care homes, harassment, local government, news, quality assurance by sally

‘The owners of a care home have sought to bar Cornwall Council officers from entering its premises, claiming that the action was necessary to “protect service users from disruptive local officials”.’

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Local Government Lawyer, 9th March 2017

Source: www.localgovernmentlawyer.co.uk

District urges neighbouring councils to clarify legal process for planned merger – Local Government Lawyer

Posted March 9th, 2017 in consultations, local government, mergers, news by sally

‘Sedgemoor District Council has urged its neighbours, Taunton Deane and West Somerset Councils, to clarify the legal process to be used for their proposed merger.’

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Local Government Lawyer, 8th March 2017

Source: www.localgovernmentlawyer.co.uk

Villagers defeat Historic England and parish council in row about poppy wreath holders to honour war dead – Daily Telegraph

Posted March 7th, 2017 in historic buildings, local government, news, planning, war by sally

‘Villagers have defeated Historic England following a row about honouring their war dead, as a Church judge ruled they can use a wreath holder to display poppies all year round.’

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Daily Telegraph, 6th March 2017

Source: www.telegraph.co.uk

Association of Lawyers for Children hits out at Cafcass/ADCS agreement – Local Government Lawyer

‘The Association of Lawyers for Children (ALC) has said it is “deeply concerned” by a recent agreement entered into by Cafcass and the Association of Directors of Children’s Services.’

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Local Government Lawyer, 3rd March 2017

Source: www.localgovernmentlawyer.co.uk

New costs cap regime in force for environmental cases – OUT-LAW.com

‘Courts in England and Wales have new powers to change the maximum cost liabilities that those challenging environmental decisions of public bodies’ through judicial review could be exposed to under new rules that are now in force.’

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OUT-LAW.com, 3rd March 2017

Source: www.out-law.com

County council defends High Court challenge to cut to personal budget – Local Government Lawyer

Posted March 2nd, 2017 in budgets, carers, disabled persons, local government, news, social services by sally

‘A county council has defended a High Court challenge to its decisions to reduce a severely disabled man’s personal budget and revise his care and support plan.’

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Local Government Lawyer, 28th February 2017

Source: www.localgovernmentlawyer.co.uk

Lawyer criticises child abuse inquiry for not safeguarding evidence – The Guardian

‘The national child abuse inquiry has been criticised by a prominent lawyer representing victims for failing to seize potentially vital caches of evidence before they are destroyed.’

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The Guardian, 2nd March 2017

Source: www.guardian.co.uk

“Perverse Incentives” – Nearly Legal

Posted February 28th, 2017 in housing, human rights, landlord & tenant, local government, news by sally

‘Osman, R (on the application of) v London Borough of Harrow (2017) EWHC 274 (Admin). A challenge to Harrow’s allocation policy, specifically on the “downgrading” of allocation priority for overcrowded households in PRS accommodation, while existing Harrow tenants kept the higher priority for overcrowding on a transfer application.’

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Nearly Legal, 26th February 2017

Source: www.nearlylegal.co.uk

Southwark council fined £570,000 over fatal tower block fire – The Guardian

Posted February 28th, 2017 in costs, fines, fire, health & safety, housing, local government, news by sally

‘The London fire brigade has said it hopes “lessons are learned” after a council was fined £570,000 over safety failings at a 14-storey block of flats where six people died in a fire.’

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The Guardian, 28th February 2017

Source: www.guardian.co.uk

HRA Claims and Concurrent Care Proceedings: Third Party Costs Orders, Statutory Charge Guidance and an Invitation to the Lord Chancellor – Family Law Week

‘Ben Mansfield, barrister of The 36 Group, examines the judgment of Mr Justice Keehan in H (A Minor) v Northamptonshire County Council and the Legal Aid Agency [2017] EWHC 282 (Fam).’

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Family Law Week, 23rd February 2017

Source: www.familylawweek.co.uk

London borough demands greater powers over “lawless” shisha cafes – Local Government Lawyer

Posted February 23rd, 2017 in drug abuse, licensed premises, local government, news, noise, smoking by sally

‘Local authorities must be given more powers to shut down unregulated shisha cafes as loopholes in Government legislation allow venues to reopen “virtually overnight”, Brent Council has said.’

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Local Government Lawyer, 22nd February 2017

Source: www.localgovernmentlawyer.co.uk

Roadside Trees – Local Government Law

Posted February 22nd, 2017 in accidents, local government, negligence, news, trees by sally

‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’

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Local Government Law, 21st February 2017

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