local government – Page 15 – Current Awareness

Decisions, decisions (and not automatic ones) – Ending the main housing duty – Nearly Legal

Posted May 13th, 2024 in homelessness, housing, judicial review, landlord & tenant, local government, news, repossession, statutory duty by tracey

‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’

Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

Court of Appeal rejects challenge over enforcement notice and application of Murfitt principle – Local Government Lawyer

Posted May 10th, 2024 in appeals, enforcement notices, housing, local government, news, planning by sally

‘A planning inspector misdirected himself in a dispute over the construction of a house in Beaconsfield and misunderstood case law, the Court of Appeal has ruled.’

Local Government Lawyer, 9th May 2024

Source: www.localgovernmentlawyer.co.uk

Redefining the boundaries of reasonable excuse in housing enforcement? – Local Government Lawyer

Posted May 8th, 2024 in enforcement, housing, landlord & tenant, local government, news, notification, repairs by tracey

‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’

Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

A warning for housing lawyers – Local Government Lawyer

Posted May 8th, 2024 in case management, civil procedure rules, costs, housing, landlord & tenant, local government, news by tracey

‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’

Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Improvement notices under s.12 Housing Act 2004 – Local Government Lawyer

Posted May 8th, 2024 in building law, fire, health & safety, housing, local government, news, repairs by tracey

‘The First Tier Tribunal recently considered the use of Improvement Notices under s.12 of Housing Act 2004 to address concerns regarding the fire safety of residential property containing cladding similar to that present on Grenfell Tower. Archie Maddan analyses its ruling.’

Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

The statutory nuisance regime – Local Government Lawyer

Posted May 8th, 2024 in appeals, environmental protection, local government, news, nuisance, statutory duty by tracey

‘Piers Riley-Smith analyses a Court of Appeal case concerning whether there was a legal power to vary an Abatement Notice issued under s.80 of the Environmental Protection Act 1990.’

Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Play by the Rules – understanding the Crichel Down Rules – Local Government Lawyer

Posted May 7th, 2024 in armed forces, compulsory purchase, local government, news, sale of land by tracey

‘James Mallery-Nelson examines the application of the Crichel Down Rules where public bodies decide to dispose of land acquired by compulsion.’

Local Government Lawyer, 3rd May 2024

Source: www.localgovernmentlawyer.co.uk

Council had no duty to prevent psychiatric harm – Law Society’s Gazette

Posted May 7th, 2024 in charging orders, licensing, local government, news, psychiatric damage, taxis by tracey

‘A rare case on the duty of a local council not to cause psychiatric injury to a cab driver applying for a licence has culminated this week in the authority obtaining a charging order on the driver’s home.’

Law Society's Gazette, 2nd May 2024

Source: www.lawgazette.co.uk

Update on the Article 2 investigative duty in inquests: R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin) – Landmark Chambers

Posted May 3rd, 2024 in accidents, chambers articles, coroners, fire, fire services, human rights, inquests, local government, news by sally

‘In R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin), the High Court considered the question of whether an Article 2 investigative duty arises in an inquest in circumstances where the individual concerned was living in their own home; had capacity, and exposed themselves to danger.’

Landmark Chambers, 16th April 2024

Source: www.landmarkchambers.co.uk

Navigating housing rights, education and religious freedom: Ghaoui – Law & Religion UK

Posted May 1st, 2024 in appeals, education, homelessness, housing, human rights, Islam, landlord & tenant, local government, London, news, religious discrimination, school children by sally

‘In Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405, Mr Ghaoui, his wife and two young children lived in the London Borough of Waltham Forest. They were rendered homeless in April 2019 and Mr Ghaoui applied to the local authority for assistance with accommodation. In September 2019, he sent his older child to a fee-paying Muslim nursery in Waltham Forest [2]. The family was evicted in March 2020 and Waltham Forest LBC provided temporary accommodation in the Harlow area, some 20 miles from their previous address, which made it harder for the parents to get to work in London and for the child to go to the nursery [3]. In early September 2022, the younger child entered the same nursery [5]. Mr Ghaoui argued that in offering them accommodation 20 miles from the school, Waltham Forest was “not considering their rights”, while Waltham Forest explained at some length that it was not under any legal duty to provide accommodation that allowed the children to attend a specific religious school: in short, it was not a housing “need” [6]. The point at issue was whether or not the local authority was, in fact, under any such obligation.’

Law & Religion UK, 1st May 2024

Source: lawandreligionuk.com

Not at home alone, but intending to return – Nearly Legal

Posted April 29th, 2024 in housing, landlord & tenant, local government, London, news, right to buy by tracey

‘Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch). An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or principal home.’

Nearly Legal, 28th April 2024

Source: nearlylegal.co.uk

Two for one: one case but two decisions on occupation under the Landlord and Tenant Act 1954 (Royal Borough of Kensington & Chelsea v Mellcraft Ltd [2024] EWHC 539 (Ch); [2024] PLSCS 49) – Gatehouse Chambers

Posted April 26th, 2024 in appeals, chambers articles, landlord & tenant, leases, local government, news by sally

‘Royal Borough of Kensington & Chelsea (“the Council”) is the freeholder of a building on the Portobello Road, London W11. In 2012, Mellcraft Ltd (“Mellcraft”) took a five year lease of the first and second floors of the property (“the flat”). Shortly afterwards, a lease of the ground floor shop was granted to another company controlled by the same director. The director (“M”) lived in the flat and conducted Mellcraft’s business from it. Mellcraft had no other business premises.’

Gatehouse Chambers, 16th April 2024

Source: gatehouselaw.co.uk

City college loses JR over Ofsted ‘good’ rather than ‘outstanding’ rating – Local Government Lawyer

Posted April 26th, 2024 in disciplinary procedures, education, judicial review, local government, news, ombudsmen, school children by sally

‘The High Court has rejected a judicial review claim brought by a City Technology College, which challenged a decision by Ofsted to rate the leadership and management at the school as ‘good’, rather than ‘outstanding’.’

Local Government Lawyer, 25th April 2024

Source: www.localgovernmentlawyer.co.uk

‘’O, reason not the need!” – Why King Lear was wrong or: The Importance of Reasons in Disciplinary Proceedings – Francis Taylor Building

Posted April 26th, 2024 in chambers articles, disciplinary procedures, employment, local government, news, planning, professional conduct, reasons by sally

‘The general importance of the duty to give reasons at common law is well known to disciplinary practitioners. The recent debate generated by the comments made by the Commissioner of the Metropolitan Police, Sir Mark Rowley, in the context of police misconduct further highlights the importance of all disciplinary panels arriving at decisions which are robust and sustainable against legal challenge.’

Francis Taylor Building, 12th March 2024

Source: www.ftbchambers.co.uk

High Court grants interim relief to vulnerable refugee faced with imminent homelessness by local authority – Garden Court Chambers

Posted April 25th, 2024 in asylum, chambers articles, homelessness, local government, news, refugees by sally

‘Recent findings from London Councils reveal a concerning 39% increase in homelessness presentations among refugees and asylum seekers evicted from Home Office accommodation last year, with numbers continuing to rise.’

Garden Court Chambers, 12th April 2024

Source: www.gardencourtchambers.co.uk

High Court finds Local Authority’s housing policy to be discriminatory against women and girls escaping violence in successful judicial review challenge – Garden Court Chambers

Posted April 24th, 2024 in chambers articles, child abuse, children, equality, families, housing, judicial review, landlord & tenant, local government, news, sex discrimination, sexual offences, women by sally

‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’

Garden Court Chambers, 10th April 2024

Source: www.gardencourtchambers.co.uk

Hibaldstow man wins battle over ‘Game of Thrones’ dragon statue – BBC News

Posted April 24th, 2024 in local government, news, planning by tracey

‘Planes, a dragon and a phone box have prompted complaints about one man’s distinctive front garden. Critics said it looked like a theme park or a ram-raid in a gift shop, but officials have agreed to retrospective planning permission.’

BBC News, 24th April 2024

Source: www.bbc.co.uk

Residence, care, sex and marriage: an (unusual) successful appeal on capacity – Mental Capacity Law and Policy

Posted April 23rd, 2024 in Court of Protection, learning difficulties, local government, news by sally

‘Re ZZ (Capacity) [2024] EWCOP 21 is an example of a relatively species of case, namely a successful appeal in relation to capacity. At first instance, HHJ Burrows had found that ZZ had capacity make decisions about residence, sexual relations and marriage. The local authority appealed his conclusions, the appeal being opposed by ZZ through his litigation friend the Official Solicitor.’

Mental Capacity Law and Policy, 22nd April 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Does the Court have the power to grant newcomer injunctions? – Becket Chambers

Posted April 19th, 2024 in appeals, chambers articles, injunctions, local government, news, Supreme Court, travellers by sally

‘Wolverhampton City Council and others v London Gypsies and Travellers and other [2023] UKSC 47 is an appeal concerning a number of conjoined cases in which injunctions had been sought by Local Authorities to prevent unauthorised encampments by Gypsies and Travellers. Such injunctions had generally been sought against ‘persons unknown’ as the members of a group of Gypsies or Travellers who might in future camp in a certain location were not known in advance. In some cases, the Defendants to the injunction sought had been described by reference to the conduct the injunction had sought to prohibit, for example ‘persons unknown forming unauthorised encampments within the Borough of Nuneaton and Bedworth’.’

Becket Chambers, 2nd April 2024

Source: becket-chambers.co.uk

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