High Court rejects challenge to Nottinghamshire joint strategy approach to green belt boundaries – OUT-LAW.com

Posted April 29th, 2015 in environmental protection, housing, local government, news, planning by sally

‘The High Court has rejected a parish council’s challenge to the joint planning strategy of several Nottinghamshire local authorities after finding that the correct approach had been taken to the proposed alteration of green belt boundaries.’

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OUT-LAW.com, 28th April 2015

Source: www.out-law.com

HMO corner – Nearly Legal

Posted April 28th, 2015 in housing, licensing, local government, news, tribunals by sally

‘A couple of recent Upper Tribunal (Land Chamber) decisions on HMOs under licensing schemes.’

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Nearly Legal, 27th April 2015

Source: www.nearlylegal.co.uk

Confusion reigns over new social care laws – Law Society’s Gazette

Posted April 27th, 2015 in community care, local government, news, social services, statutory duty by sally

‘A statute modernising adult social care law that came into force this month could expose local authorities to greater litigation risks.’

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Law Society’s Gazette, 27th April 2015

Source: www.lawgazette.co.uk

Judge who disqualified Tower Hamlets mayor leads drive to reform election law – The Guardian

Posted April 27th, 2015 in complaints, elections, fraud, judges, local government, news by sally

‘The judge who disqualified Lutfur Rahman is one of the country’s leading electoral law practitioners and has handed down previous, scathing judgments resulting in councillors being removed from office.’

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The Guardian, 24th April 2015

Source: www.guardian.co.uk

Searching questions in the CJEU: the East Sussex County Council case – Panopticon

Posted April 20th, 2015 in EC law, fees, freedom of information, housing, local government, news by sally

‘When local authorities provide property search information, can they charge for doing so? On what legal basis? How should such charges be calculated?’

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Panopticon, 17th April 2015

Source: www.panopticonblog.com

From ‘pillar to post’ – Nearly Legal

‘In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as “shameful” in the way in which they treated AM and his family. I haven’t come across Cobb J before but his judgment in AM v Tower Hamlets LBC and Havering LBC [2015] EWHC 1004 (Admin) is just about as good a judgment as I’ve read in a long time. The question was which authority should have “picked up” AM and his household, with children who were almost certainly in need under s.17, Children Act 1989.’

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Nearly Legal, 17th April 2015

Source: www.nearlylegal.co.uk

‘Unfair’ dismissal of full-time mayor from role at a school could be justified, says EAT – OUT-LAW.com

‘A former member of staff at a school in Merseyside was not entitled to compensation when he was dismissed from his role, as his full-time work as the elected mayor of Liverpool was incompatible with him continuing as an employee, the Employment Appeal Tribunal (EAT) has ruled.’

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OUT-LAW.com, 17th April 2015

Source: www.out-law.com

Academy terminating prior arrangement – Education Law Blog

‘In Anderson v Chesterfield High School UKEAT/0206/14/MC, Mr Anderson is currently the elected Mayor of Liverpool. This is an executive post and regarded as full-time. The position carries with it an annual allowance of almost £80,000. He had previously held positions as Councillor of Liverpool City Council, the Leader of the opposition on the Council and ultimately at the time of his election as Mayor, Leader of the Council, which was in effect a full-time post with an annual allowance of approximately £50,000.’

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Education Law Blog, 16th April 2015

Source: www.education11kbw.com

Rents and Equality. Barnet, again – Nearly Legal

‘It appears that Barnet Council (via the Mayor’s casting vote) are determined to carry on with their plan to raise rents for council tenants, new and existing, to 80% of market rent or top of LHA rates, whichever is lowest.’

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Nearly Legal, 15th April 2015

Source: www.nearlylegal.co.uk

In the matter of S (A Child) – Supreme Court

Posted April 14th, 2015 in appeals, care orders, costs, law reports, local government, Supreme Court by sally

In the matter of S (A Child) [2015] UKSC 20 (YouTube)

Supreme Court, 25th April 2015

Source: www.youtube.com/user/UKSupremeCourt

Bailiffs visit parents who took child out of school – Daily Telegraph

‘Parents hit with £1,200 bill after taking teenage son on holiday during school term.’

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Daily Telegraph, 9th April 2015

Source: www.telegraph.co.uk

Dog walkers who don’t clean up their pet’s mess to face £100 fine – The Independent

‘Under a new law designed to tackle Britain’s dog poo problem, owners caught without a poop scooping bag will be fined £100.’

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The Independent, 12th April 2015

Source: www.independent.co.uk

School transport judgment arrives – Education Law Blog

Posted April 10th, 2015 in equality, local government, news, special educational needs, transport by sally

‘The claim was brought by a 15-year-old school girl with a range of medical problems and a statement of special educational needs which named an independent school 27 miles from her home. The local authority accepted that she was an eligible child entitled to free school transport under section 508B of the Education Act 1996, which duty it discharged by providing a taxi service shared with other pupils. That service took her to and from school at the beginning and end of the normal school day. She asked for this arrangement to be varied in two respects: (1) to take her from home to school later than usual when she arrived back there from the frequent medical appointments she required, and (2) to take her from school to home later than usual on certain days to enable her to attend after-school clubs.’

Full story

Education Law Blog, 9th April 2015

Source: www.education11kbw.com

Tower Hamlets London Borough Council v M and others – WLR Daily

Tower Hamlets London Borough Council v M and others [2015] EWHC 869 (Fam); [2015] WLR (D) 155

‘Since the removal of a passport, even on a temporary basis, was a very significant incursion into an individual’s freedom and personal autonomy such an order should not be made lightly and required the fullest unpartisan information to be put before the court. It had never to be forgotten that the court required a very high degree of candour on the part of all of those involved.’

WLR Daily, 27th March 2015

Source: www.iclr.co.uk

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) [2015] UKSC 22; [2015] WLR (D) 165

‘A local housing authority, in carrying out its duties under the Housing Act 1996, was obliged to accommodate a homeless person in suitable accommodation within its district if it was reasonably practicable to do so. The authority was to determine the suitability of the proposed accommodation by reference to the needs of the individual homeless person and each member of her household and to its location. Where accommodation was offered outside the authority’s district, the placement was to be as close as possible to where the members of the household had previously lived. In reaching its decision, the authority was required to take account of the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601) and the guidance issued by the Secretary of State for Communities and Local Government. It was also required, by section 11(2) of the Children Act 2004, to have regard to the need to safeguard and to promote the welfare of the children concerned.’

WLR Daily, 2nd April 2015

Source: www.iclr.co.uk

In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163

‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Judge sets out approach to cases where risk of children travelling to ISIS countries – Local Government Lawyer

‘A judge has set out a number of core principles relevant to cases where it is proposed to make young people at risk of travelling to ISIS countries, and particularly Syria, wards of the High Court and remove their passports.’

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Local Government Lawyer, 7th April 2015

Source: www.localgovernmentlawyer.co.uk

Martyn Uzzell A65 death: North Yorkshire County Council settles with widow – BBC News

Posted April 8th, 2015 in bereavement, bicycles, compensation, inquests, local government, news, roads by sally

‘The widow of a cyclist who died after he hit a pothole on his bike has received a six-figure payout from a council.’

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BBC News, 8th April 2015

Source: www.bbc.co.uk

Family Court Key Decision Review: Part 1 – No. 5 Chambers

Posted April 7th, 2015 in care orders, costs, delay, documents, local government, news by sally

‘In the first of a new series of quarterly round ups, Kathryn Taylor reviews some of the key decisions of the family court since December 2014, with a particular emphasis on Local Authority failings.’

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No. 5 Chambers, 30th March 2015

Source: www.no5.com

Supreme Court gives reasons for quashing offer of housing 50 miles away – Local Government Lawyer

Posted April 7th, 2015 in appeals, children, housing, local government, news, Supreme Court by sally

‘The Supreme Court has today given its reasons why it unanimously upheld a homeless mother of five’s appeal over a London borough’s offer of accommodation 50 miles away.’

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Local Government Lawyer, 2nd April 2015

Source: www.localgovernmentlawyer.co.uk