Category: local government

Child Protection and Data Protection – Panopticon

Posted July 29th, 2015 in child abuse, children, data protection, human rights, local government, news, time limits by sally

‘The spectre of Jimmy Saville casts a long shadow and now it extends to data protection, the Data Protection Act 1998 being the latest august and uniformly popular institution (following the BBC, Broadmoor and Margaret Thatcher to name just some) to suffer as a result of his actions. The perennial sight of investigations and public inquiries into historic sex abuse of children in local authority, chiefly arising out of the wider ramifications of Operation Yewtree, has provided a very ready explanation for local authorities for the need to retain child protection data.’

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Panopticon, 23rd July 2015

Source: www.panopticonblog.com

Couple fined £650 for taking sons out of school to visit ill grandfather – The Guardian

Posted July 28th, 2015 in education, fines, local government, news, school children by sally

‘A couple who took their children out of school without permission to visit their sick grandfather overseas have been fined by a magistrates court in Preston.’
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The Guardian, 24th July 2015

Source: www.guardian.co.uk

Primary considerations – Nearly Legal

Posted July 28th, 2015 in appeals, children, housing, local government, news by sally

‘In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local authority against unsuccessful applicants for homelessness assistance. In Huzrat v Wandsworth LBC [2013] EWCA Civ 1865, the Court had previously found that there was no room for the use of section 11 to gloss the clear questions which a local authority must ask itself to determine whether an applicant is intentionally homeless, but that is very different from the question in Mohamoud. After all, mandatory possession proceedings have clear consequences.’

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Nearly Legal, 24th July 2015

Source: www.nearlylegal.co.uk

London borough defeats High Court challenge to basement policy – Local Government Lawyer

Posted July 28th, 2015 in local government, London, news, planning by sally

‘The Royal Borough of Kensington & Chelsea has fought off a High Court challenge to its revised basement policy.’

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Local Government Lawyer, 27th July 2015

Source: www.localgovernmentlawyer.co.uk

The ABCs of ACVs – Hardwicke Chambers

Posted July 28th, 2015 in listed buildings, local government, news, planning by sally

‘As of eight weeks ago, visitors to Maida Vale have one less pub to drink in. That’s because in April, overzealous developers bulldozed The Carlton Tavern public house to the ground. Local residents can breathe a sigh of relief, however, for the pub is going to be rebuilt brick by brick – such is the punishment meted out to the developers for bulldozing the pub in violation of planning rules. View the report on the BBC website. ‘

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Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Listed Building Prosecutions: A Practical Guide “Pitfalls Which Local Planning Authorities Should Avoid” – No. 5 Chambers

Posted July 28th, 2015 in crime, listed buildings, local government, news, planning, prosecutions by sally

‘There are three principal weapons in the local authority armoury to tackle breaches of planning control in respect of listed buildings: (i) criminal prosecution (ii) listed building enforcement notice and (iii) injunction pursuant to section 44A (1) of the Listed Buildings Act 1990. They are not mutually incompatible. Criminal prosecution can be pursued alongside service of an enforcement notice or injunctive proceedings.’

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No. 5 Chambers, 2nd July 2015

Source: www.no5.com

Supreme Court refuses relief despite legal defect before planning permission – Local Government Lawyer

Posted July 27th, 2015 in EC law, environmental protection, local government, news, planning by sally

‘The Supreme Council has refused to grant relief despite finding a legal defect in the procedure prior to a district council’s grant of planning permission for a development, in a key case relating to appropriate assessments, EIA assessments and mitigation measures.’

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Local Government Lawyer, 22nd July 2015

Source: www.localgovernmentlawyer.co.uk

Developer ordered to rebuild historic pub after demolishing it without planning permission – Daily Telegraph

Posted July 23rd, 2015 in construction industry, local government, news, planning by sally

‘Udhyam Amin was accused of trying to get planning permission ‘by the back door’ after pulling down the Alchemist pub in Battersea.’

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Daily Telegraph, 23rd July 2015

Source: www.telegraph.co.uk

Country’s worst landlord blames tenants for property convictions – The Guardian

Posted July 23rd, 2015 in landlord & tenant, local government, news, prosecutions, victims by sally

‘A London landlord has been convicted for property offences seven times but believes she is the victim, not her tenants.’

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The Guardian, 23rd July 2015

Source: www.guardian.co.uk

High Court orders ‘unsatisfactory’ public contract award to be set aside – OUT-LAW.com

Posted July 21st, 2015 in contracts, local government, news, public procurement by sally

‘The procurement process through which an English council awarded a contract for asbestos removal contained “a number of manifest errors” and breaches of equality and transparency requirements, and should therefore be set aside, the High Court has ruled.’

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OUT-LAW.com, 21st July 2015

Source: www.out-law.com

Right-to-buy battle looms in Lords – The Guardian

Posted July 20th, 2015 in bills, budgets, charities, housing, local government, news, parliament, rent, statistics by sally

‘The Tories’ plan to extend the right to buy to housing association tenants will face stiff opposition in the House of Lords this week, amid growing concern that it will compromise the independence of charities and add hugely to government debt.’

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The Guardian, 18th July 2015

Source: www.guardian.co.uk

Ownership of Sculpture – Local Government Law

Posted July 14th, 2015 in artistic works, local government, news by sally

‘In Tower Hamlets LBC v Bromley LBC [2015] EWHC 1954 (Ch) the Chancery Division of the High Court was asked to determine the ownership of a Henry Moore sculpture. Tower Hamlets LBC (“TH”) as the successor to the Stepney Borough Council (“SB”), pursuant to the London Government Act 1963 (“the 1963 Act”). Bromley LBC (“Br”) was the successor to the London Residuary Body (“the LRB”). The LRB was the successor to the Greater London Council (“the GLC”) pursuant to the Local Government Act 1985. The GLC was successor to the London County Council (“the LCC”) pursuant to the 1963 Act.’

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Local Government Law, 13th July 2015

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

Regina (Cornwall Council and another) v Secretary of State for Health – WLR Daily

Posted July 13th, 2015 in appeals, disabled persons, financial provision, judicial review, law reports, local government, Supreme Court by sally

Regina (Cornwall Council and another) v Secretary of State for Health: [2015] UKSC 46; [2015] WLR (D) 298

‘In determining the ordinary residence of an adult, who lacked mental capacity to choose where to live, it was incorrect to apply a test that by reason of such incapacity he was in the same position as a small child and that his ordinary residence was that of his parents because that was his base.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

Posted July 10th, 2015 in appeals, disclosure, environmental protection, freedom of information, judicial review, legal profession, local government, news, planning, privilege, public interest, solicitors, tribunals by sally

‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’

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OUT-LAW.com, 9th July 2015

Source: www.out-law.com

Supreme Court overturns key Court of Appeal decision on ordinary residence – Local Government Lawyer

Posted July 10th, 2015 in appeals, disabled persons, interpretation, local government, news, statutory duty, Supreme Court by sally

‘The Supreme Court has rejected a Court of Appeal ruling on who has financial responsibility for the care of an adult with physical and learning disabilities, instead ruling that the local authority initially responsible for meeting his needs as a child should be responsible for his care after the age of 18.’

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Local Government Lawyer, 9th July 2015

Source: www.localgovernmentlawyer.co.uk

Royal Household will fall in sights of £100m child sex abuse inquiry – Daily Telegraph

Posted July 10th, 2015 in armed forces, child abuse, Crown Prosecution Service, hospitals, inquiries, internet, local government, media, news, parliament, police, royal family, sexual offences, victims by sally

‘The child sex abuse inquiry is set to last five years and cost up to £100 million, it has been confirmed, as it emerged the Royal Household will not be exempt from scrutiny over paedophile allegations.’

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Daily Telegraph, 9th July 2015

Source: www.telegraph.co.uk

Council loses nine-month legal battle with man who accidentally dropped a piece of orange peel – Daily Telegraph

Posted July 7th, 2015 in fines, litter, local government, news by sally

‘Luke Gutteridge immediately picked the peel up but the council insisted on pursuing the case, costing the taxpayer up to £8,000.’

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Daily Telegraph, 6th July 2015

Source: www.telegraph.co.uk

Budget to propose longer Sunday trading hours – BBC News

Posted July 7th, 2015 in budgets, local government, news, Sunday trading by sally

‘Shops in England and Wales could be allowed to open for longer on Sundays, under plans to be unveiled by Chancellor George Osborne.’

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BBC News, 7th July 2015

Source: www.bbc.co.uk

Council secures lifelong reporting restrictions order in favour of 17-year-old – Local Government Lawyer

Posted July 3rd, 2015 in anonymity, child abuse, injunctions, local government, news, reporting restrictions, victims, young persons by sally

‘Birmingham City Council has secured a lifelong reporting restrictions order (RRO) in favour of a 17-year-old woman, AB, who was sexually exploited by ten respondents to the proceedings.’

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Local Government Lawyer, 2nd July 2015

Source: www.localgovernmentlawyer.co.uk

Judge quashes cut in community care provision for man with learning difficulties – Local Government Lawyer

Posted July 3rd, 2015 in community care, judicial review, learning difficulties, local government, news, reasons by sally

‘A High Court judge has quashed a council’s decision to reduce the community care provision for a 23-year-old man with learning and communication difficulties.’

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Local Government Lawyer, 2nd July 2015

Source: www.localgovernmentlawyer.co.uk