On the Road Again – Nearly Legal

‘With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be allowed, with reasons to follow.’

Full story

Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

Tenant wins battle to stop Westminster council moving her out of London – The Guardian

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

‘A single mother of five children has won a protracted legal battle and prevented Westminster council from removing her family to Milton Keynes.’

Full story

The Guardian, 2nd April 2015

Source: www.guardian.co.uk

Safeguarding and the Care Act 2014 – Doughty Street Chambers

Posted April 2nd, 2015 in disabled persons, elderly, local government, news, social services by sally

‘This paper provides a brief overview of the provisions of the Care Act 2014
(“CA 2014”) and accompanying guidance directed at safeguarding vulnerable
adults.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Introduction to the Care Act 2014 – Doughty Street Chambers

‘This paper deals with the following issues:
a. Establishing ordinary residence
b. Dispute resolution mechanism
c. Financial adjustment between local authorities
d. Prisoners
e. Challenges and appeals.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: Overview of the Act and the New “General Responsibilities – Doughty Street Chambers

‘This paper gives an overview of the structure and objectives of the Care Act
2014 (“the Act”). It also considers the new “general responsibilities” on local
authorities set out in sections one to seven of the Act.’

Full story
(PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: Care Planning – Doughty Street Chambers

‘This section deals with the law when local authorities are required or have
decided to meet the needs of adults who need care and support or support
(carers). As they are not yet in force the rules which are specific to selffunders and the ‘care-cost cap” have been left out. ‘

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: Eligibility Criteria, Duties and Powers in Respect of Adults in Need of Care and Support – Doughty Street Chambers

‘This section deals with the eligibility criteria and the powers and duties in respect of adults in need of ‘care and support’. The new powers and duties in relation to those who provide adults with care are dealt with separately.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: The Duty to Assess Need – Doughty Street Chambers

‘This paper considers the duties to undertake assessments of care needs in the Care
Act 2014 (“the Act”), including the primary duty under section 9, the duty to assess
carers under section 10; the transition assessment duties and the out of area
transfer duties under sections 58 and 37 respectively.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

High Court judge gives procurement litigants reprieve on claim form timescales – OUT-LAW.com

Posted April 1st, 2015 in interpretation, local government, news, public procurement, time limits by sally

‘Companies that take issue with the way public bodies tender for or award contracts have up to seven days to serve a claim form after it has been issued, a High Court judge has confirmed.’

Full story

OUT-LAW.com, 27th March 2015

Source: www.out-law.com

Local Government (Review of Decisions) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in legislation, local government by sally

Local Government (Review of Decisions) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

High Court finds council policy on disability living allowance and DHPs “unlawful” – Local Government Lawyer

‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’

Full story

Local Government Lawyer, 31st March 2015

Source: www.localgovernmentlawyer.co.uk

New PD rights and deemed discharge of planning conditions to be introduced in April – OUT-LAW.com

‘Several new types of existing buildings will be able to be converted into homes without full planning permission from 15 April under UK planning reforms that will also introduce the “deemed discharge” of certain planning conditions.’

Full story

OUT-LAW.com, 31st March 2015

Source: www.out-law.com

Research suggests growing use of public spaces protection orders – Local Government Lawyer

‘Councils have enacted a range of public spaces protection orders (PSPOs) since the Anti-Social Behaviour Crime and Policing Act 2014 came into force last October, research by a campaign group has suggested.’

Full story

Local Government Lawyer, 31st March 2015

Source: www.localgovernmentlawyer.co.uk

Local Government (Religious etc. Observances) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in legislation, local government by sally

Local Government (Religious etc. Observances) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Care system gets ‘biggest shake-up in 60 years’ – BBC News

‘Major changes to the care system in England are being introduced in what is being dubbed the biggest shake-up for 60 years.’

Full story

BBC News, 1st April 2015

Source: www.bbc.co.uk

Discretionary Housing Payments – the trouble with DLA – Nearly Legal

‘Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an award of Discretionary Housing Payments. This judicial review concerned Sandwell Council’s policy of doing just that. The implications are clearly of significance for other councils, and will potentially impact many disabled people faced with the bedroom tax.’

Full story

Nearly Legal, 30th March 2015

Source: www.nearlylegal.co.uk

Legal services to be “future boom area” as councils become entrepreneurial: report

Posted March 31st, 2015 in legal services, local government, news, reports by sally

‘Legal services look likely to be a “future boom area” for local authorities as they seek to operate more entrepreneurially, a think tank has claimed.’

Full story

Local Government Lawyer, 30th March 2015

Source: www.localgovernmentlawyer.co.uk

Disability discrimination goes to full trial – Nearly Legal

‘When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously arguable’ summary test as an Article 8 defence, we were surprised, and very unimpressed. It seems the Supreme Court felt similarly (and unanimously), although sadly it did not help the tenant in this case.’

Full story

Nearly Legal, 29th March 2015

Source: www.nearlylegal.co.uk

Council ban legislation creating ‘bizarre’ laws, campaigners say – BBC News

Posted March 30th, 2015 in alcohol abuse, crime, fines, legislation, local government, news, nuisance, public order by sally

‘A law that allows councils in England and Wales to ban certain activities in public is leading to “bizarre new criminal offences”, campaigners say.’

Full story

BBC News, 30th March 2015

Source: www.bbc.co.uk

Wee will make them clean it up themselves, vows town plagued by public urination – Daily Telegraph

Posted March 30th, 2015 in fines, local government, news, public order, restorative justice by sally

‘The restorative justice plan, introduced in Eastleigh, Hampshire, is believed to be the first of its kind in the country.’

Full story

Daily Telegraph, 29th March 2015

Source: www.telegraph.co.uk