Category: local government

High Court judge stresses importance of resolving immigration status early in care proceedings – Local Government Lawyer

Posted July 23rd, 2024 in care orders, children, citizenship, guardianship, immigration, local government, news by sally

‘A High Court judge has highlighted the need to ensure that the immigration status of a child in public law proceedings before the Family Court is clarified at the “earliest opportunity”, and that any issues with respect to that child’s immigration status are dealt with before final orders are made.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Local authority loses judicial review over refusal by minister to revoke academy order for school council considered should close – Local Government Lawyer

Posted July 23rd, 2024 in judicial review, local government, ministers' powers and duties, news by sally

‘The London Borough of Islington has lost a judicial review claim against a decision by the Secretary of State for Education to refuse to revoke an Academy Order for a school the council considered should close.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Family Court judge criticises “manifest delay” in case where new-born child remained in foster care for over two years – Local Government Lawyer

Posted July 23rd, 2024 in children, delay, fostering, guardianship, local government, news by sally

‘A Family Court Judge has criticised the “manifest and wholly unconscionable” delay in a case where a new-born child remained in foster care for over two years.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Disabled man was left without care after council failures – BBC News

Posted July 23rd, 2024 in community care, compensation, delay, disabled persons, local government, news by sally

‘A disabled man suffered “significant distress” after a council’s failings left him without care, according to a report.’

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BBC News, 23rd July 2024

Source: www.bbc.co.uk

Statutory officers and good governance: the new Code of Practice – Local Government Lawyer

Posted July 19th, 2024 in codes of practice, local government, news by michael

‘LLG, CIPFA and SOLACE have this week published the Code of Practice on Good Governance for Local Authority Statutory Officers. Philip McCourt explains its purpose.’

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Local Government Lawyer, 19th July 2024

Source: www.localgovernmentlawyer.co.uk

Back to basics – Local Government Lawyer

Posted July 19th, 2024 in local government, news, planning by michael

‘Simon Ricketts analyses two High Court rulings this month which provide reminders as to some development management procedural fundamentals.’

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Local Government Lawyer, 19th July 2024

Source: www.localgovernmentlawyer.co.uk

High Court rules for first time on water neutrality – Local Government Lawyer

Posted July 19th, 2024 in local government, news, planning, water by michael

‘The High Court has dismissed the first challenge to an Inspector’s decision which refused planning permission for a development on grounds of water neutrality. Matt Lewin explains why.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk

Data watchdog reprimands Hackney council over cyber attack – The Independent

Posted July 18th, 2024 in computer crime, data protection, local government, London, news by michael

‘The Information Commissioner’s Office (ICO) said the council had “failed to effectively implement sufficient measures” to protect its systems from attack.’

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The Independent, 17th July 2024

Source: www.independent.co.uk

The meaning of maintenance – Nearly Legal

Posted July 16th, 2024 in appeals, housing, leases, local government, news, repairs, service charges by sally

‘London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024). This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was payable. It may well have broader significance for charges for building safety works, depending on lease terms.’

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Nearly Legal, 15th July 2024

Source: nearlylegal.co.uk

Update on limitation periods – Local Government Lawyer

Posted July 16th, 2024 in appeals, contracts, limitations, local government, news, public procurement, time limits by sally

‘A recent Court of Appeal ruling is a reminder of the applicable limitation periods for those procurements commenced under the current regime, write John Houlden, Laura Tudor and Abigail Cropper.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Interim relief in age assessment cases – revisited – Local Government Lawyer

Posted July 16th, 2024 in children, housing, immigration, judicial review, local government, news, young persons by sally

‘Joshua Swirsky discusses a case where Upper Tribunal Judge Smith once again had to consider the balance of convenience in an age assessment case when interim relief is sought.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Local authorities, care orders and consent to confinement – Local Government Lawyer

Posted July 16th, 2024 in care orders, children, consent, deprivation of liberty safeguards, families, family courts, local government, news by sally

‘Alex Ruck Keene KC (Hon) analyses another striking decision from Lieven J.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Private hire operators outside London and their customers – Local Government Lawyer

Posted July 16th, 2024 in appeals, contracts, local government, London, news, taxis by sally

‘The Court of Appeal has allowed an appeal over whether a private hire operator outside London is required by legislation to enter into a contract as principal with a person who makes a booking for their vehicle. Gerald Gouriet KC and Michael Feeney examine the ruling and its wider impact.’

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Local Government Lawyer, 15th July 2024

Source: www.localgovernmentlawyer.co.uk

Remote licensing hearings are lawful: High Court – Local Government Lawyer

Posted July 12th, 2024 in licensing, local government, news, remote hearings by sally

‘Councils can hold remote licensing hearings lawfully under the Licensing Act 2003, according to a ruling handed down today (11 July) by the High Court.’

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Local Government Lawyer, 11th July 2024

Source: www.localgovernmentlawyer.co.uk

High Court issues disclosure ruling in £100m dispute over alleged wrongful termination of contract for supply of Covid-19 lateral flow test kits – Local Government Lawyer

Posted July 12th, 2024 in contracts, coronavirus, disclosure, government departments, local government, news, public procurement by sally

‘The Technology and Construction Court has granted a declaration sought by the Secretary of State for Health and Social Care that certain documents relating to an aborted contract for Covid-19 lateral flow test kits are under the control of the main contractor in the dispute.’

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Local Government Lawyer, 11th July 2024

Source: www.localgovernmentlawyer.co.uk

Carbon emissions and causation: R (Finch) v Surrey County Council and ors – 4 New Square

Posted July 10th, 2024 in appeals, causation, chambers articles, environmental health, environmental protection, judicial review, local government, news, planning, Supreme Court by sally

‘In this post, 4 New Square Chambers’ Alex Forzani explores the Supreme Court’s decision in R (Finch) v Surrey County Council [2024] UKSC 20 and analyses its implications on the scope of environmental impact assessments. The judgment is likely to have significant implications on the development of, and investment in, new projects in the UK.’

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4 New Square, 2nd July 2024

Source: www.4newsquare.com

Residents launch judicial review claiming “strange circumstances” behind planning decision – Local Government Lawyer

Posted July 9th, 2024 in housing, judicial review, local government, news, planning by sally

‘A residents’ group has launched a judicial review challenge against Manchester City Council after its planning committee granted planning permission for a student block it had previously refused permission for on four occasions.’

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Local Government Lawyer, 8th July 2024

Source: www.localgovernmentlawyer.co.uk

Section 188(1) accommodation, suitability and mandatory orders – Nearly Legal

Posted July 8th, 2024 in Administrative Court, children, families, housing, local government, news, statutory duty by sally

‘R (AO) v LB of Haringey (Central London Administrative Court, 9 May 2024). Interim relief was granted in favour of a mother and two primary school aged children who were being accommodated by the Defendant local authority under section 188(1) Housing Act 1996 in unsuitable bed and breakfast accommodation. The Court considered arguments that a mandatory order should not be made because of resource constraints and applied the Supreme Court decision of R (Imam) v Croydon London Borough Council (2023) UKSC 45, [2023] 3 WLR 1178 (“Imam”).’

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Nearly Legal, 7th July 2024

Source: nearlylegal.co.uk

Council failed over duty to save care home – BBC News

Posted July 8th, 2024 in care homes, disabled persons, learning difficulties, local government, news, ombudsmen by sally

‘A council should have done more to prevent the closure of a care home for people with learning disabilities, an investigation has found.’

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BBC News, 8th July 2024

Source: www.bbc.co.uk

A delicate balance – Local Government Lawyer

Posted July 5th, 2024 in autism, care homes, Court of Protection, families, learning difficulties, local government, medicines, news by michael

‘When is it in the best interests of an adult without capacity to be separated from her mother and covertly administered medication? A recent decision at the Court of Protection provides some guidance.’

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Legal Futures, 5th July 2024

Source: www.localgovernmentlawyer.co.uk