Trading standards institute: consumers are no longer protected – The Guardian

‘Trading standards officers have accused the government of failing to protect consumers after it emerged that the local council budget for policing rogue traders has fallen to just £1.99 a year per citizen.’

Full story

The Guardian, 7th August 2016

Source: www.guardian.co.uk

Housing needs and household members – Nearly Legal

‘This was a judicial review of a decision by Luton Council Housing Appeals and Review Panel not to offer Mr Jones a tenancy of the property of which Mr J’s late father was the tenant, but instead offer a one bed property.’

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Nearly Legal, 7th August 2016

Source: www.nearlylegal.co.uk

When does the refusal to provide accommodation to an applicant breach Article 3? – Nearly Legal

Posted August 5th, 2016 in housing, human rights, local government, news by sally

‘In R (GS) v Camden LBC [2016] EWHC 1762 (Admin), the High Court was required to consider whether a Swiss national, who was not present in the UK lawfully, was entitled to accommodation under the Care Act 2014 or, alternatively, whether Camden were obliged to provide accommodation under s.1, Localism Act 2011 to avoid a breach of Article 3 of the European Convention of Human Rights. The result – which was positive for GS – is potentially of considerable assistance for similar people.’

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Nearly legal, 3rd August 2016

Source: www.nearlylegal.co.uk

Councillor wins battle with parish over failure to provide reading aid – Local Government Lawyer

‘A parish council discriminated against a councillor with visual impairment by failing to provide him with reading aids to carry out his duties. That finding has come following six employment tribunal hearings in Bedford and Huntingdon between November 2015 and May 2016 concerning former Brixworth parish councillor Stephen Pointer.’

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Local Government Lawyer, 3rd August 2016

Source: www.localgovernmentlawyer.co.uk

Ancient grazing rights threatened as controversial baaaaaaad behaviour orders used to criminalise sheep – Daily Telegraph

Posted August 4th, 2016 in animals, anti-social behaviour, commons, crime, fines, local government, news by Mark L

‘it is one of the most ancient surviving commoners’ rights in England, thought to date at least to the Norman conquest if not before. But the custom of allowing sheep to roam freely in the Forest of Dean in Gloucestershire is set to be criminalised in one village, in the latest manifestation of controversial new antisocial behaviour laws nicknamed the “busybodies’ charter”.’

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Daily Telegraph, 4th August 2016

Source: www.telegraph.co.uk

HIV campaigners win NHS drug battle – BBC News

Posted August 2nd, 2016 in appeals, health, HIV, local government, medicines, news by sally

‘The NHS in England has been told by the High Court it can fund a “game-changing” drug that can prevent HIV after health bosses argued it was not their responsibility.’

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BBC News, 2nd August 2016

Source: www.bbc.co.uk

Council tax, periodic tenancies, and the end of L&T law avoided – Nearly Legal

Posted August 2nd, 2016 in council tax, landlord & tenant, local government, news, tribunals, valuation by sally

‘We’ve seen the issue of who is liable for Council Tax when a tenant has left a property before the end of a periodic tenancy arise before. Here, the Upper Tribunal decided that a statutory periodic monthly tenancy following a 6 month fixed term did not amount to a ‘material interest’ of over six months such that the tenant would remain liable for Council Tax, while here in the Shropshire decision (and amusingly featuring NL) the Valuation Tribunal decided that a contractual periodic tenancy following on from a fixed term of 6 months did amount to a material interest such that the tenant remained liable.’

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Nearly legal, 1st August 2016

Source: www.nearlylegal.co.uk

Allocation & unreasonable behaviour – Nearly Legal

Posted August 2nd, 2016 in housing, local government, news, rehabilitation by sally

‘YA v London Borough of Hammersmith And Fulham [2016] EWHC 1850 (Admin). YA was in care with H&F for a number of years and was now a care leaver. During that previous period as a child in care, he had committed a number of criminal offences, though these were spent under Rehabilitation of Offenders Act 1974 at the relevant time. YA applied to be added to H&F’s housing register.’

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Nearly legal, 31st July 2016

Source: www.nearlylegal.co.uk

Emergency Powers Compensation – Local Government Law

‘In Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 the Council exercised its emergency powers under Section 78 of the Building Act 1984 to restrict public access to Hastings Pier.’

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Local Government Law. 27th July 2016

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

Ellie Butler murder: Father displayed ‘pattern of impulsive violence’ – BBC News

‘A man who murdered his six-year-old daughter was described as displaying a “pattern of impulsive violence” months before she died, it has been revealed.’

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BBC News, 30th July 2016

Source: www.bbc.co.uk

Supreme Court dismisses appeal by council over payout for closure of pier – Local Government Lawyer

Posted July 29th, 2016 in compensation, emergency powers, local government, news, repairs by sally

‘A borough council is facing a payout following the loss of a Supreme Court battle over compensation payable when the local authority used its emergency powers to close a pier.’

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Local Government Lawyer, 28th July 2016

Source: www.localgovernmentlawyer.co.uk

High Court rules council acted unlawfully in cuts to short break funding – Local Government Lawyer

Posted July 28th, 2016 in budgets, charities, children, equality, holidays, local government, news by sally

‘The High Court has ruled that a local authority acted unlawfully when it reduced funding to voluntary sector organisations that offer short breaks to disabled children.’

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Local Government Lawyer, 28th July 2016

Source: www.localgovernmentlawyer.co.uk

The fight against fraud – New Law Journal

‘“Fundamental dishonesty” and other measures, outlined by Denise Brosnan.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

LGO urges action by council on planning complaint against predecessor body – Local Government Lawyer

‘The Local Government Ombudsman has issued a further report against Durham County Council in relation to a planning complaint involving a predecessor authority.’

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Local Government Lawyer, 26th July 2016

Source: www.localgovernmentlawyer.co.uk

Facing the Facts – Nearly Legal

Posted July 25th, 2016 in homelessness, housing, local government, mental health, news, suicide by sally

‘R (on the application of Hoyte) v London Borough of Southwark [2016] EWHC 1665 Admin is a useful decision of the High Court on the subject of repeat homelessness applications.’

Full story

Nearly Legal, 25th July 2016

Source: www.nearlylegal.co.uk

Council uses Article 4 direction to evict Asylum seekers in HMO – Local Government Lawyer

Posted July 22nd, 2016 in asylum, housing, local government, news by sally

‘The London Borough of Bexley has ended the unlawful use of a house by a Home Office approved accommodation provider dealing with asylum seekers.’

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Local Government Lawyer, 20th July 2016

Source: www.localgovernmentlawyer.co.uk

Town and Village Greens – Local Government Law

Posted July 21st, 2016 in commons, land registration, local government, news by sally

‘The importance of giving reasons for a decision to register land as a village or town green under Section 15 of the Commons Act 2006 has been emphasized by Gilbart J in R (NHS Property Services Ltd) v Surrey County Council (2016) EWHC 1715 (Admin), in which NHS Property Services Ltd (“NHS”) sought judicial review of a decision by the County Council to register a parcel of woodland (“the land”) as a village green. The case is also of importance in relation to the question whether there is a statutory incompatibility with registration.’

Full story

Local Government Law, 20th July 2016

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

Teenager sues after repeatedly being held overnight in police cell – The Guardian

Posted July 21st, 2016 in children, detention, local government, news, police, young persons by sally

‘Test case against Met police and Islington council brought on behalf of 14-year-old boy by Just for Kids Law, which says cells are not fit places for children.’

Full story

The Guardian, 21st July 2016

Source: www.guardian.co.uk

Campaigners begin judicial review of North Yorkshire fracking project – OUT-LAW.com

‘A coalition of campaigning groups led by Friends of the Earth has filed an application for judicial review of North Yorkshire County Council’s recent decision to grant planning permission to a shale gas fracking project.’

Full story

OUT-LAW.com, 15th July 2016

Source: www.out-law.com

Level of Support – Local Government Law

Posted July 15th, 2016 in children, housing, human rights, local government, news by sally

‘In R (C, T, M and U) v Southwark LBC (2016) EWCA Civ 707 the claimants challenged the lawfulness of the accommodation and the level of financial support provided by Southwark Council to a family who have no right of recourse to public funds.’

Full story

Local Government Law, 13th July 2016

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