Landlord who breached injunction preventing harassment of council staff handed suspended sentence and £75k costs order – Local Government Lawyer

‘A landlord in Kent has been sentenced to six months in prison, suspended for three years, and ordered to pay £75,000 in costs after being found in contempt of court.’

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Local Government Lawyer, 22nd May 2023

Source: www.localgovernmentlawyer.co.uk

Children detained under little-known orders are speaking out after turning 18 – BBC News

‘At the age of 14, Katy Baxter was detained alone under a court order, far from her Bournemouth home, supervised by two workers 24 hours a day, going for long periods without any contact with her family.’

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BBC News, 22nd May 2024

Source: www.bbc.co.uk

Court of Appeal issues ruling on evidential value and reliability of hair strand drug testing – Local Government Lawyer

Posted May 22nd, 2024 in appeals, care orders, children, families, local government, news by sally

‘The Court of Appeal has allowed an appeal against a judge’s decision to authorise the removal of three children from the care of their maternal grandmother and uncle, which was largely based upon three sets of hair strand testing reports.’

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Local Government Lawyer, 21st May 2024

Source: www.localgovernmentlawyer.co.uk

Sophie Phillips’ case comments on Birmingham City Council v Bravington [2023] EWCA Civ 308 – Park Square Barristers

Posted May 22nd, 2024 in appeals, chambers articles, housing, local government, news, repossession by sally

‘The Court of Appeal has recently held that local authorities are able to rely on section 233 of the Local Government Act 1972 (“the 1972 Act”) when serving a notice seeking possession under section 83ZA of the Housing Act 1985 (“the 1985 Act”). Service will be deemed valid even if the tenant does not receive the notice but where it has been found to be served in accordance with the aforementioned provisions.’

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Park Square Barristers, 2nd April 2024

Source: www.parksquarebarristers.co.uk

Local authority wins Court of Appeal challenge over interim care order requiring it to arrange direct contact between mother and daughter – Local Government Lawyer

Posted May 21st, 2024 in care orders, children, contact orders, local government, news by sally

‘The Court of Appeal has allowed an appeal brought by a local authority against a judge’s direction that the council should facilitate interim direct contact between a young girl and her mother.’

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The Independent, 21st May 2024

Source: www.localgovernmentlawyer.co.uk

Employees and mental health – Local Government Lawyer

‘Do you have to excuse poor behaviour from an employee with a mental health problem? That was the issue the tribunal had to decide in a recent case, reports Jo Moseley.’

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Local Government Lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk

Lay evidence in fact-finding hearings – Local Government lawyer

‘A recent decision by the Court of Appeal serves as a reminder of the importance in fact-finding hearings of the evidence of lay parties being considered alongside that given by medical experts, writes Matthew Fiddy.’

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Local Government lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk

Council not liable for Japanese knotweed damage – OUT-LAW.com

Posted May 20th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by tracey

‘A recent UK Supreme Court ruling clearly sets out the parameters of the law of private nuisance claims in the context of Japanese knotweed, clarifying the nature and extent of evidence needed to enable a claim to succeed, an expert has said.’

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OUT-LAW.com, 17th May 2024

Source: www.pinsentmasons.com

Councils demand urgent attention for adult social care on tenth anniversary of Care Act – Local Government Lawyer

Posted May 17th, 2024 in local government, news, social services by sally

‘Governments should stop treating adult social care as a political football and make a substantial long-term investment in it to mark the tenth anniversary of the Care Act 2014.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge finds decision by planning inspector that appeal was not properly made was wrong – Local Government Lawyer

‘An inspector failed to properly consider the position of a company that had entered liquidation while pursuing a planning appeal, the High Court has found.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

Homelessness and human rights – Law Society’s Gazette

‘What is the correct approach to determining the suitability of accommodation when the applicant’s circumstances engage rights under the European Convention on Human Rights (ECHR)? This is an issue of general public importance affecting local authorities discharging homelessness duties under Part VII of the Housing Act 1996. Who says? Andrews LJ, when she directed that an appeal from Mr Rabah Ghaoui should proceed to a hearing.’

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Law Society's Gazette, 14th May 2024

Source: www.lawgazette.co.uk

Decisions, decisions (and not automatic ones) – Ending the main housing duty – Nearly Legal

‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’

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Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

Court of Appeal rejects challenge over enforcement notice and application of Murfitt principle – Local Government Lawyer

Posted May 10th, 2024 in appeals, enforcement notices, housing, local government, news, planning by sally

‘A planning inspector misdirected himself in a dispute over the construction of a house in Beaconsfield and misunderstood case law, the Court of Appeal has ruled.’

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Local Government Lawyer, 9th May 2024

Source: www.localgovernmentlawyer.co.uk

Redefining the boundaries of reasonable excuse in housing enforcement? – Local Government Lawyer

‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

A warning for housing lawyers – Local Government Lawyer

‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Improvement notices under s.12 Housing Act 2004 – Local Government Lawyer

Posted May 8th, 2024 in building law, fire, health & safety, housing, local government, news, repairs by tracey

‘The First Tier Tribunal recently considered the use of Improvement Notices under s.12 of Housing Act 2004 to address concerns regarding the fire safety of residential property containing cladding similar to that present on Grenfell Tower. Archie Maddan analyses its ruling.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

The statutory nuisance regime – Local Government Lawyer

‘Piers Riley-Smith analyses a Court of Appeal case concerning whether there was a legal power to vary an Abatement Notice issued under s.80 of the Environmental Protection Act 1990.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Play by the Rules – understanding the Crichel Down Rules – Local Government Lawyer

Posted May 7th, 2024 in armed forces, compulsory purchase, local government, news, sale of land by tracey

‘James Mallery-Nelson examines the application of the Crichel Down Rules where public bodies decide to dispose of land acquired by compulsion.’

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Local Government Lawyer, 3rd May 2024

Source: www.localgovernmentlawyer.co.uk

Council had no duty to prevent psychiatric harm – Law Society’s Gazette

‘A rare case on the duty of a local council not to cause psychiatric injury to a cab driver applying for a licence has culminated this week in the authority obtaining a charging order on the driver’s home.’

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Law Society's Gazette, 2nd May 2024

Source: www.lawgazette.co.uk

Update on the Article 2 investigative duty in inquests: R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin) – Landmark Chambers

‘In R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin), the High Court considered the question of whether an Article 2 investigative duty arises in an inquest in circumstances where the individual concerned was living in their own home; had capacity, and exposed themselves to danger.’

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Landmark Chambers, 16th April 2024

Source: www.landmarkchambers.co.uk