Developers win High Court battle over neighbourhood plan – Local Government Lawyer

Posted October 14th, 2016 in consultations, local government, news, planning, referendums by sally

‘Developers have won a High Court challenge over a district council’s decision to make a neighbourhood plan.’

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Local Government Lawyer, 13th October 2016

Source: www.localgovernmentlawyer.co.uk

Vulnerable children left at risk by ‘horrifying’ state of social services, government watchdog finds – The Independent

Posted October 12th, 2016 in children, education, local government, news, reports, social services by sally

‘Vulnerable children are being left at risk of harm due to the dire state of social services, a report from the Government’s spending watchdog has found.’

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The Independent, 11th October 2016

Source: www.independent.co.uk

Trading standards body in court threat over cuts and statutory duties – Local Government Lawyer

‘The Chartered Trading Standards Institute (CTSI) has warned councils to “think carefully about their statutory duties when making cuts – or risk being hauled before the courts”.’

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Local Government Lawyer, 10th October 2016

Source: www.localgovernmentlawyer.co.uk

Time, distance & suitability – Nearly Legal

Posted October 10th, 2016 in children, domestic violence, families, housing, local government, news by sally

‘Tower Hamlets owed Ms B, and her four children then aged 10, 8, 3 and 2, the full housing duty. She had moved to the borough to stay at a refuge in September 2013, following long term domestic violence, and the children had begun school in the borough in October 2013. One of the children had a diagnosis of severe ADHD.’

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Nearly Legal, 9th October 2016

Source: www.nearlylegal.co.uk

Landlord ordered to pay £700,000+ for planning enforcement notice breach – Local Government Lawyer

Posted October 6th, 2016 in costs, enforcement, fines, landlord & tenant, local government, news, planning by sally

‘A landlord guilty of breaching a planning enforcement notice has been ordered to pay a record fine and costs to the London Borough of Barnet, after the largest planning enforcement and confiscation investigation the borough has seen.’

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Local Government Lawyer, 6th October 2016

Source: www.localgovernmentlawyer.co.uk

New law will let councils opt out of child protection rules – The Independent

Posted October 5th, 2016 in bills, children, local government, news, social services by sally

‘A Government Bill is to give local councils unprecedented new powers to opt out of child protection laws, leading children’s charities to warn that vulnerable children could suffer.’

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The Independent, 5th October 2016

Source: www.independent.co.uk

Homeless eligibility amends and deposit discretions – Nearly Legal

‘The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 have (finally) been made to come into force on 30 October 2016. These sort out the anomaly highlighted in Romans v Southwark LBC and SSDCLG and Alabi v SSDCLG about those with leave to remain granted under Appendix FM. Their eligibility for housing and homeless assistance is confirmed. A number of appeals have been stayed pending the regulations, which should now be resolved.’

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Nearly Legal, 3rd October 2016

Source: www.nearlylegal.co.uk

Local authorities “failing to use powers to tackle criminal landlords” – Local Government Lawyer

Posted October 3rd, 2016 in landlord & tenant, local government, news by sally

‘Tenants and landlords are “being let down by local authorities who are failing to use powers to tackle criminal landlords”, the Residential Landlords Association has claimed.’

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Local Government Lawyer, 28th September 2016

Source: www.localgovernmentlawyer.co.uk

‘Targeted’ late night levy for English licensing authorities proposed – OUT-LAW.com

Posted October 3rd, 2016 in licensed premises, local government, news by sally

‘Licensing authorities in England and Wales could be able to target specific streets and areas under proposed reforms to the late night levy, rather than having to impose it on the whole area.’

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OUT-LAW.com, 30th September 2016

Source: www.oput-law.com

Leeds homelessness protesters fight legal bid to evict tent city – The Guardian

Posted October 3rd, 2016 in demonstrations, homelessness, local government, news, repossession by sally

‘The organisers of a homelessness protest, in which around 50 rough sleepers have pitched tents in Leeds city centre, are due to appear in court to fight a bid to disperse them.’

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The Guardian, 3rd October 2016

Source: www.guardian.co.uk

Monitoring officer issues section 5 report over re-designation of role – Local Government Lawyer

Posted September 28th, 2016 in civil servants, local government, news, reports by sally

‘The monitoring officer at Slough, Gurpreet Anand, has issued a statutory report amid claims that the Leader of the borough council unlawfully sought to re-designate the role.’

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Local Government Lawyer, 27th September 2016

Source: www.localgovernmentlawyer.co.uk

Adverts banned for portraying beggars as ‘disingenuous and undeserving’ – The Independent

Posted September 28th, 2016 in advertising, homelessness, local government, news, vagrancy by sally

‘Four Nottingham City Council posters urging people not to give money to beggars have been banned for being likely to cause widespread offence and reinforcing negative stereotypes.’

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The Independent, 28th September 2016

Source: www.independent.co.uk

Vulnerability, ‘significantly’ and equality duties – Nearly Legal

Posted September 26th, 2016 in disabled persons, equality, housing, local government, mental health, news by sally

‘This was another in a number of county court judgments on section 204 Housing Act 1996 appeals which turned on the question of vulnerability after the Supreme Court decision in Hotak. In this appeal, the particular issues were whether the Public Sector Equality Duty (PSED) had been complied with, and then the approach to ‘significantly more vulnerable’.’

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Nearly Legal, 25th September 2016

Source: www.nearlylegal.co.uk

Local authorities’ statutory powers to override third party land rights will apply to a wider range of public schemes, says expert – OUT-LAW.com

‘Local authorities and regeneration bodies can expect greater scrutiny to be placed on their decisions to override third party rights in land on public interest grounds under new UK planning laws that came into effect in the summer.’

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OUT-LAW.com, 21st September 2016

Source: www.out-law.com

Judge voices fears over ‘relentless rise’ in child care cases following Baby P tragedy – Daily Telegraph

Posted September 21st, 2016 in care orders, child abuse, child neglect, judges, local government, news, statistics by sally

‘The effect of the Baby P case has contributed to a “crisis” in the children’s care system, the president of the High Court’s Family Division has said. Sir James Munby called for urgent research into why the number of cases in which children can be separated from their parents on the application of a council had more than doubled in the last decade.’

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Latest view from the President’s Chambers

Daily Telegraph, 20th September 2016

Source: www.telegraph.co.uk

Hard cases need better reasons – UK Human Rights Blog

Posted September 20th, 2016 in appeals, human rights, local government, news, planning by sally

‘R (o.t.a. CPRE Kent) v. Dover District Council [2016] EWCA Civ 936, 14 September 2016. The Court of Appeal has just given us a robust vindication of the importance of giving proper reasons when granting planning permission, by way of a healthy antidote to any suggestion that this is not really needed as part of fairness.’

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UK Human Rights Blog, 16th September 2016

Source: www.ukhumanrightsblog.com

Libraries – Local Government Law

Posted September 20th, 2016 in libraries, local government, news, Wales by sally

‘In R (Tilley) v Vale of Glamorgan Council [2016] EWHC 2272 (QB), in the Administrative Court in Wales, Lewis J concluded that the Council’s Cabinet Decision to establish five community libraries was lawful.’

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Local Government Law, 16th September 2016

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

Council defeats High Court challenge to establishment of community libraries – Local Government Lawyer

Posted September 15th, 2016 in equality, libraries, local government, news, Wales by sally

‘A Welsh council has successfully defended a High Court challenge to its decision to establish five community libraries.’

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Local Government Lawyer, 14th September 2016

Source: www.localgovernmentlawyer.co.uk

Care workers sue council contractor in minimum wage battle – BBC News

‘Seventeen care workers are alleging failure to be paid the minimum wage in the sector’s biggest ever legal claim.’

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BBC News, 14th September 2016

Source: www.bbc.co.uk

Housing applicant wins challenge after accepting offer ‘under protest’ – Local Government Lawyer

Posted September 13th, 2016 in homelessness, housing, local government, news by sally

‘The London Borough of Brent was perverse to characterise acceptance while seeking review as refusal in a homelessness case.’

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Local Government Lawyer, 13th September 2016

Source: www.localgovernmentlawyer.co.uk