‘A transgender couple who claim local villagers subjected them to a campaign of harassment won damages from the council after defamatory comments were published on its website.’
Daily Telegraph, 8th February 2016
Source: www.telegraph.co.uk
‘Home Secretary Theresa May has admitted fearing she had created a “monster” by setting up police and crime commissioners in England and Wales.’
BBC News, 4th February 2016
Source: www.bbc.co.uk
‘ A man who successfully fought a prosecution for taking his kids out of school for a family holiday has been fined a second time by the same council. Jonathan Platt made headlines in October last year when he avoided prosecution for taking his six-year-old daughter to Disney World in term time, arguing that her unauthorised absence did not mean she failed to attend school on a regular basis.’
Daily Telegraph, 3rd February 2016
Source: www.telegraph.co.uk
‘The power for a local authority to make an HMO declaration under s255, Housing Act 2004 is not commonly used. This power arises where a property appears to be an HMO in all respects save that it is not being used solely as an HMO. In that case the property will not fulfil the tests for an HMO under s254 of the Act but can be declared to be an HMO by the local authority of they reasonably believe that the property has “significant use” as an HMO. The declaration as an HMO can be appealed to the FTT (and from there to the UT) and that appeal operated by way of a re-hearing of that decision.’
Nearly Legal, 27th January 2016
Source: www.nearlylegal.co.uk
‘Chichester District Council has successfully defended a judicial review challenge to a neighbourhood plan.’
Full story
Local Government Lawyer, 26th January 2016
Source: www.localgovernmentlawyer.co.uk
‘New research shows councils in Britain paid out thousands of pounds because of potholes, accidents and other workplace related grievances between 2013 and 2015.’
Daily Telegraph, 21st January 2016
Source: www.telegraph.co.uk
‘Councils should be able to apply for and be granted magistrates’ approval electronically for access to communications data, the Local Government Association and trading standards organisations have said.’
Local Government Lawyer, 11th January 2016
Source: www.localgovernmentlawyer.co.uk
‘Landlords in England are being reminded that there is less than a month to go before “right to rent” rules go live.’
Home Office, 8th January 2016
Source: www.gov.uk/home-office
‘A family court judge has come under fire after refusing to name a council that violated a man’s parental rights by taking his four-year-old daughter into care without a proper investigation.’
The Guardian, 10th January 2016
Source: www.guardian.co.uk
‘Both customers and suppliers can learn lessons on outsourcing from a recent dispute ruled on by the High Court in London.’
OUT-LAW.com, 7th January 2016
Source: www.out-law.com
‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’
UK Human Rights Blog, 6th January 2016
Source: www.ukhumanrightsblog.com
‘The place, manner and form of a protest may be important in determining whether there has been an infringement of a protester’s rights to freedom of expression and assembly, but were not necessarily so.’
WLR Daily, 18th December 2015
Source: www.iclr.co.uk
Regina (Sienkiewicz) v South Somerset District Council [2015] EWHC 3704 (Admin); [2015] WLR (D) 553
‘The defendant local planning authority did not have a duty to give reasons for distinguishing other relevant planning decisions which were said to be inconsistent with its present decision to grant planning permission for a development.’
WLR Daily, 17th December 2015
Source: www.iclr.co.uk
‘A High Court judge has dismissed a judicial review challenge to a council’s grant of planning permission for a change of use to the house where Sherlock Holmes author Sir Arthur Conan Doyle wrote The Hound of the Baskervilles.’
Local Government Lawyer, 4th January 2016
Source: www.localgovernmentlawyer.co.uk
‘January 5, 2016, sees the Housing and Planning Bill return to the House of Commons for the Report stage (if you want to read about how the Committee stage went, the excellent House of Commons library analysis is here and our comments are here).’
Nearly Legal, 4th January 2016
Source: www.nearlylegal.co.uk
‘We’re very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated refusal) to provide interim accommodation pending s.202 review.’
Nearly Legal, 19th December 2015
Source: www.nearlylegal.co.uk
‘Blackpool Council has secured a High Court injunction – pursuant to Section 1 of the Anti-Social Behaviour Crime and Policing Act 2014 and Section 187B of the Town and Country Planning Act 1990 – stopping 13 named travellers from setting up unauthorised encampments in the borough. The council said it was believed to be the first time in the country that a local authority had used the 2014 Act along with Section 187B of the TCPA to secure an injunction against illegal travellers.’
Local Government Lawyer, 17th December 2015
Source: www.localgovernmentlawyer.co.uk
‘Department for Culture, Media and Sport challenged over its failure to carry out legal duty of providing quality public library services.’
The Guardian, 17th December 2015
Source: www.guardian.co.uk
‘A landowner who wished to challenge a local planning authority’s tree replacement notice on the grounds that the number of trees which the notice required him to replace was greater than the number of trees which he had removed from the land, bore the burden of proving his case by sufficient evidence.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
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