‘It is not open to a council to refuse to make provision for a person otherwise entitled to after-care services under s.117 of the Mental Health Act 1983 on the basis that the claimant is in receipt of damages for personal injury including for the cost of such care, a High Court judge has ruled.’
Local Government Lawyer, 14th November 2016
Source: www.localgovernmentlawyer.co.uk
‘The High Court has ruled a Cornish seaside town will keep its ban on new-build second homes.’
BBC News, 10th November 2016
Source: www.bbc.co.uk
‘Last week, the Court of Appeal handed down judgment in the case of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034, confirming that all landlords, whether social or private, are required to seek the permission of the County Court under CPR r83.2 in order to obtain a warrant of possession for breach of a suspended possession order.’
Hardwicke Chambers, 26th November 2016
Source: www.hardwicke.co.uk
‘Two developers have lost their attempt to judicially review Hertfordshire County Council’s grant of planning permission for a recycling site.’
Local Government Lawyer, 10th November 2016
Source: www.localgovernmentlawyer.co.uk
‘The number of cases in relation to adult care could rise with local authorities struggling to cope with a funding gap, it has been claimed.’
Local Government Lawyer, 8th November 2016
Source: www.localgovernmentlawyer.co.uk
‘The High Court has upheld the registration of Humpty Hill in Oxfordshire as a town or village green (TVG), despite arguments that most of the walking that took place on the land was because it was a public right of way.’
OUT-LAW.com, 7th November 2016
Source: www.out-law.com
‘This was judicial review of Hillingdon’s refusal to accept a homeless application from Ms A.’
Nearly Legal, 7th November 2016
Source: www.nearlylegal.co.uk
‘Council cuts to care in England are so severe there is a real risk families may take legal action, experts say.’
BBC News, 8th November 2016
Source: www.bbc.co.uk
‘It was reasonable for a council to apply for an interim injunction against a company over allegations of a bad odour from its vegetable processing plant, a High Court judge has ruled.’
Local Government Lawyer, 3rd November 2016
Source: www.localgovernmentlawyer.co.uk
‘In Holley v Hillingdon LBC [2016] EWCA Civ 1052, Mr Holley was seeking to challenge the council’s decision to evict him and his brother from a three bedroom property that could sleep up to six persons, in which Mr Holley had lived for 32 years of his life and where he was suffering from a range of mental health problems, including anxiety, panic attacks and depression following his grandmother’s death in 2009. There had already been a statutory succession to Mr Holley’s grandfather, so Mr Holley was, “in the rather antiquated private law jargon”, a trespasser. The judge made a possession order on the basis that there were no seriously arguable defences under Articles 8 and 14.’
Nearly Legal, 1st November 2016
Source: www.nearlylegal.co.uk
‘A county council has successfully defended in the High Court its decision to register 14 acres as a town and village green (TVG).’
Local Government Lawyer, 31st October 2016
Source: www.localgovernmentlawyer.co.uk
‘In SG v Denbighshire County Council and B (SEN) (Special Educational Needs: Special Educational Provision – naming school) [2016] UKUT 460 (AAC), the Upper Tribunal gave guidance on the approach to be taken where parents cannot agree on the choice of school to be named in Part 4 of a statement of special educational needs (“the Statement”).’
Education Blog, 31st October 2016
Source: www.education11kbw.com
‘After my rantette about clause 1 of the Homeless Reduction Bill as published for second reading, it is time to turn to the substance of the Bill in terms of new duties and so on. And, some drafting issues aside, these are broadly positive.’
Nearly Legal, 26th October 2016
Source: www.nearlylegal.co.uk
‘Parish and town councils have been keen to embrace neighbourhood planning but have been put off “as it was unclear what weight they were given in the planning process especially where there was no local plan or five-year land supply”, the National Association of Local Councils (NALC) has said.’
Local Government Lawyer, 26th October 2016
Source: www.localgovernmentlawyer.co.uk
‘The developers challenged the adoption by the council of a single policy in the local plan. The judge allowed the appeal and made an order that the Secretary of State appoint a planning inspector who would recommend adoption of the policy subject to a modification and that the council adopt the policy subject to that modification. The developers and the Secretary of State opposed an appeal brought by an objector who, although not a party below, was given permission to appeal.’
WLR Daily, 12th October 2016
Source: www.iclr.co.uk
‘Liverpool City Council has been ordered to pay £115,000 in fines and costs after a Health and Safety Executive (HSE) investigation found that the authority had failed to ensure that the arrangements for managing roadworks were suitable.’
Local Government Lawyer, 24th October 2016
Source: www.localgovernmentlawyer.co.uk
‘The owners of a farm responsible for a smell known as the “Stoulton Stink” have been sentenced this month, after a district council successfully appealed in the summer to the High Court.’
Local Government Lawyer, 24th October 2016
Source: www.localgovernmentlawyer.co.uk
‘A mandatory duty to report child abuse and neglect would simply lead to high volumes of unsubstantiated reports that fall far below the significant harm threshold, the Law Society has warned.’
Local Government Lawyer, 21st October 2016
Source: www.localgovernmentlawyer.co.uk
‘A borough council has won an appeal in the First-tier Tribunal against a decision notice of the Information Commissioner requiring disclosure of information relating to payroll and pension services provided by the authority to schools.’
Local Government Lawyer, 20th October 2016
Source: www.localgovernmentlawyer.co.uk
‘Litigants whose claims are subject to strict time limits “must make arrangements to ensure that they attend the court office in good time so that they are not thwarted by unexpected problems”, a Deputy High Court judge has said in a planning case.’
Local Government Lawyer, 17th October 2016
Source: www.localgovernmentlawyer.co.uk
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