local government – Page 164 – Current Awareness

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

Posted February 21st, 2014 in community care, disabled persons, law reports, local government by sally

Regina (Cornwall Council) v Secretary of State for Health [2014] EWCA Civ 12; [2014] WLR (D) 80

‘When resolving questions as to the “ordinary residence” of an adult man suffering from multiple complex disabilities, the test whereby a person who was so severely handicapped as to be totally dependent on a parent was in the same position as a small child and his ordinary residence was that of his parents because that was his base, was not to be followed.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Bedrooms and a family home – NearlyLegal

Posted February 19th, 2014 in appeals, benefits, children, families, housing, human rights, local government, news, tribunals by sally

‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’

Full story

NearlyLegal, 18th February 2014

Source: www.nearlylegal.co.uk

Village wins four year battle against illegal travellers’ site – Daily Telegraph

Posted February 19th, 2014 in appeals, human rights, inquiries, local government, news, planning, Supreme Court, travellers by sally

‘The residents of Hardhorn, in Lancashire, won at the Supreme Court but still face a £200,000 legal bill.’

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Daily Telegraph, 19th February 2014

Source: www.telegraph.co.uk

Hamnett v Essex County Council – WLR Daily

Posted February 18th, 2014 in disabled persons, equality, jurisdiction, law reports, local government, parking, ultra vires by sally

Hamnett v Essex County Council [2014] EWHC 246 (Admin); [2014] WLR (D) 72

‘The Administrative Court, hearing a claim for a statutory review brought under the Road Traffic Regulation Act 1984, did not have jurisdiction to investigate an alleged breach of section 29 of the Equality Act 2010.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Court of Appeal upholds refusal of sexual entertainment venue licence – Local Government Lawyer

Posted February 18th, 2014 in appeals, licensed premises, licensing, local government, news by sally

‘The Court of Appeal has upheld a decision by a council’s licensing sub-committee to refuse to renew a licence for a sexual entertainment venue.’

Full story

Local Government Lawyer, 17th February 2014

Source: www.localgovernmentlawyer.co.uk

Judge orders fresh decision over property and care home fee payment – Local Government Lawyer

Posted February 18th, 2014 in care homes, elderly, fees, housing, local government, news by sally

‘A claimant has successfully challenged a council’s decision to uphold its reversal of a previous decision to disregard a property owned by her mother in calculating the mother’s ability to pay care home fees.’

Full story

Local Government Lawyer, 17th February 2014

Source: www.localgovernmentlawyer.co.uk

Discharge of duty by helping eviction – NearlyLegal

Posted February 18th, 2014 in appeals, housing, judicial review, local government, news by sally

‘This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council’s refusal to carry out a review of the method it had decided upon to discharge its full housing duty.’

Full story

NearlyLegal, 17th February 2014

Source: www.nearlylegal.co.uk

Regina (Walford) v Worcestershire County Council and another – WLR Daily

Posted February 17th, 2014 in care homes, community care, elderly, fees, law reports, local government, news by sally

Regina (Walford) v Worcestershire County Council and another [2014] EWHC 234 (Admin) ; [2014] WLR (D) 65

‘Whilst a “home” in paragraph 2(1)(b) of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 was to be read as the only or main home it also denoted a place to which a person had a degree of both physical and emotional attachment.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

Dispute over traffic orders and equality duty set for Court of Appeal – Local Government Lawyer

Posted February 17th, 2014 in appeals, equality, local government, news, road traffic by sally

‘A county council this week won a High Court battle over its decision to end blue-badge access to part of a town centre, but the case looks certain to end up in the Court of Appeal.’

Full story

Local Government Lawyer, 14th February 2014

Source: www.localgovernmentlawyer.co.uk

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) – WLR Daily

Posted February 14th, 2014 in law reports, licensing, local government, sex establishments by sally

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) [2014] EWCA Civ 94; [2014] WLR (D) 62

‘Where an application was made to renew a sexual entertainment venue licence, the decision maker had to have due regard to fact that the earlier licence had been granted. If no relevant circumstances had changed, he was required to give his reasons for departing from the previous decision when renewal was refused.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

High Court upholds permission for 200 York homes – OUT-LAW.com

Posted February 14th, 2014 in appeals, housing, local government, news, planning by sally

‘A planning inspector’s decision to grant planning permission for a residential development with no affordable housing to prevent a delay in the contribution the development would make to the local authority’s housing land supply was rational and supported by sufficient reasons, a High Court judge has ruled.’

Full story

OUT-LAW.com, 13th February 2014

Source: www.out-law.com

Regina v Walker & Son (Hauliers) Ltd – WLR Daily

Posted February 12th, 2014 in appeals, complaints, environmental protection, fire, law reports, local government, waste by sally

Regina v Walker & Son (Hauliers) Ltd [2014] EWCA Crim 100; [2014] WLR (D) 49

‘If a defendant knew that waste operations were occurring on his land, ignorance of the fact that such operations were being carried out in breach of the requirement for an environmental permit was no defence to a charge of knowingly permitting the operation of a regulated facility without an environmental permit.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Another council faces judicial review over changes to library provision – Local Government Lawyer

Posted February 12th, 2014 in budgets, charities, consultations, equality, judicial review, libraries, local government, news, public interest by sally

‘Lincolnshire County Council has become the latest local authority to face judicial review proceedings over proposed cuts to its libraries.’

Full story

Local Government Lawyer, 12th February 2014

Source: www.localgovernmentlawyer.co.uk

Lincolnshire group challenges council’s library change – BBC News

Posted February 11th, 2014 in consultations, judicial review, libraries, local government, news by sally

‘A campaign group is going to the High Court to challenge a move by Lincolnshire County Council to change its library system.’

Full story

BBC News, 11th February 2014

Source: www.bbc.co.uk

Judicial review reforms will discourage “ill-conceived and vexatious claims”, experts say – OUT-LAW.com

Posted February 10th, 2014 in bills, consultations, judicial review, local government, news, protective costs orders, public interest, vexatious litigants by sally

‘Changes to the rules governing judicial review (JR) claims will ensure that those challenging the decisions of public bodies face a “fair level of financial risk”, the Government has said.’

Full story

OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Councils win High Court case over allocation of EU structural funds – Local Government Lawyer

Posted February 10th, 2014 in budgets, EC law, local government, news by sally

‘Nine local authorities have won a High Court challenge over the Government’s regional allocation of EU structural funds for 2014-2020.’

Full story

Local Government Lawyer, 10th February 2014

Source: www.localgovernmentlawyer.co.uk

CCTV warning notices non-compliant with data protection laws, says watchdog – OUT-LAW.com

Posted February 10th, 2014 in closed circuit television, data protection, enforcement, local government, news, ombudsmen, parking, privacy, video recordings by sally

‘The Government must take action to ensure that signs used to warn motorists that CCTV cameras are being used to monitor for parking offences are compliant with UK data protection laws, a watchdog has said.’

Full story

OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Deciding without a decision – NearlyLegal

Posted February 10th, 2014 in children, families, homelessness, housing, human rights, judicial review, local government, news, statutory duty by sally

‘R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014. The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.’

Full story

NearlyLegal, 9th February 2014

Source: www.nearlylegal.co.uk/blog/