Christian Celestina Mba loses Sunday shifts appeal – BBC News

‘A Christian care worker who claimed she was forced to leave her job after refusing to work Sundays because of her faith has lost her legal appeal.’

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BBC News, 5th December 2013

Source: www.bbc.co.uk

School abuse victims paid £350,000 by Cardiff council – BBC News

‘Seven men who say they were sexually abused while pupils at a former Cardiff school in the 1960s and 1970s have received about £350,000 in payouts since 2011, BBC Wales has learnt.’

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BBC News, 4th December 2013

Source: www.bbc.co.uk

“Forced” C-section case – what we know now – Halsbury’s Law Exchange

‘Reports of a C-section being forcibly carried out on a woman that came to light in the mainstream press this past weekend have quickly made international news.’

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Halsbury’s Law Exchange, 3rd December 2013

Source: www.halsburyslawexchange.co.uk

Young people to be allowed to remain in foster care until age 21 – The Guardian

Posted December 4th, 2013 in budgets, education, fostering, local government, news, pilot schemes, young persons by sally

‘Children and young people brought up by foster carers in England will be allowed to remain with families until they are 21 if they choose to under a new legal duty for councils, ministers will announce on Wednesday.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

Ministers to develop single public services ombudsman for England – Local Government Lawyer

Posted December 3rd, 2013 in local government, news, ombudsmen, reports by sally

‘The Government is to develop plans for a single public services ombudsman for England, it has been announced.’

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Local Government Lawyer, 2nd December 2013

Source: www.localgovernmentlawyer.co.uk

Forced caesarean was carried out ‘because of risks to mother and child’ – The Guardian

‘The council at the centre of a row over an Italian woman who was given a forced caesarean section and then had her baby taken from her said the decision was taken over concerns about the “risks to mother and child”.’

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The Guardian, 2nd December 2013

Source: www.guardian.co.uk

Council wins High Court battle in first test of school intervention powers – Local Government Lawyer

Posted December 2nd, 2013 in education, local government, news, standards by sally

‘A city council has won a High Court battle with a governing body in the first case to consider the application of an authority’s intervention powers under s. 60 of the School Standards and Framework Act 1998.’

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Local Government Lawyer, 2nd December 2013

Source: www.localgovernmentlawyer.co.uk

Allocations and legitimate expectation – NearlyLegal

Posted December 2nd, 2013 in housing, judicial review, local government, news by sally

‘In R(Alansi) v Newham LBC, Stuart-Smith J held that, although Ms Alansi had a legitimate expectation that she would remain a priority homeseeker on Newham’s housing register, Newham had not acted unreasonably and in abuse of its power by withdrawing its representation. It is a case which demonstrates (again) just how hard it is to shoehorn a genuine grievance into a successful JR challenge, doubly so in the context of a local authority allocation scheme.’

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NearlyLegal, 1st December 2013

Source: www.nearlylegal.co.uk

Regina (Members of the Committee of Care North East Northumberland) v Northumberland County Council – WLR Daily

Posted November 29th, 2013 in care homes, fees, law reports, local government, social services by sally

Regina (Members of the Committee of Care North East Northumberland) v Northumberland County Council [2013] WLR (D) 460

“The Court of Appeal gave guidance as to how to assess whether a local authority had (i) complied with its statutory duty to provide accommodation and social care services to adults in its area who, by reason of age, illness, disability or any other circumstances, were in need of care and attention which was not otherwise available to them, and (ii) followed guidance contained in a local authority circular, by having ‘due regard’ to the actual costs of providing care and other local factors.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Family ‘foster carers’ losing out, says watchdog – BBC News

Posted November 29th, 2013 in families, fostering, local government, news, ombudsmen, reports by sally

“People who look after young relatives or friends’ children are being treated unfairly by some councils, a local government watchdog says.”

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BBC News, 29th November 2013

Source: www.bbc.co.uk

DWP says regulations implementing Gorry ruling in force next week – Local Government Lawyer

‘The Department of Work & Pensions has published a circular to local authorities confirming that new regulations implementing the Court of Appeal’s ruling in the Gorry case will come into force next week.’

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Local Government Lawyer, 27th November 2013

Source: www.localgovernmentlawyer.co.uk

Council agrees to review practices on assessment of disabled children – Local Government Lawyer

‘A local authority has agreed to pay out £5,000 and review its practices so that its assessment of disabled children fulfils its statutory duties, following an investigation by the Local Government Ombudsman.’

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Local Government Lawyer, 27th November 2013

Source: www.localgovernmentlawyer.co.uk

Court of Appeal awards council 50% of costs in youth cuts case – Local Government Lawyer

Posted November 27th, 2013 in appeals, budgets, costs, education, local government, news, young persons by sally

‘A council has been told it can recover half of its legal costs in a case where the Court of Appeal ruled that a 70% cut to youth services was unlawful but refused to grant relief to the claimant.’

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Local Government Lawyer, 25th November 2013

Source: www.localgovernmentlawyer.co.uk

Court rejects claim council owed duty to use general power of competence – Local Government Lawyer

Posted November 27th, 2013 in children, housing, human rights, immigration, local government, news, statutory duty by sally

‘The High Court has dismissed a claimant’s argument that a London borough had a duty to use the general power of competence to provide her with accommodation and subsistence support.’

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Local Government Lawyer, 26th November 2013

Source: www.localgovernmentlawyer.co.uk

On families, powers and duties to accommodate – NearlyLegal

‘R (on the application of MK) v Barking and Dagenham London Borough Council. A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.’

Full story

NearlyLegal, 26th November 2013

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

Court battle over burial of Richard III adjourned – BBC News

‘The legal battle over where the remains of Richard III should be buried has been adjourned at the High Court. A judicial review will decide whether the procedure that led to his bones being excavated in Leicester and the decision to reinter them at the city’s cathedral, was conducted correctly.’

Full story

BBC News, 26th November 2013

Source: www.bbc.co.uk

Cost-cutting council ‘contributed to death of student’ by switching off street lights – Daily Telegraph

Posted November 25th, 2013 in budgets, inquests, local government, news, road traffic by sally

‘A coroner has said a council switching off street lights as a cost-cutting measure contributed to the death of a student. The verdict came following an inquest into the death of 18-year-old Warwick University student Archie Wellbelove, who died after he was hit by a taxi on the A452 near Leamington in the early hours of December 7 2012.’

Full story

Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk

Expensive choices – NearlyLegal

Posted November 25th, 2013 in homelessness, housing, judicial review, local government, news, rent by sally

‘One of a couple of cases on intentional homelessness and affordability of accommodation.’

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NearlyLegal, 24th November 2013

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

Allocation, Allocation, Allocation – NearlyLegal

‘Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.”

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NearlyLegal, 24th November 2013

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

Children and Intentional Homelessness – NearlyLegal

Posted November 25th, 2013 in children, homelessness, housing, judicial review, local government, news, rent by sally

‘Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013. What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare of children have a bearing on decisions on intentional homelessness under Housing Act 1996? While this case provides a partial answer, it was not, I think, a great case on the facts for testing the interplay of the Acts.’

Full story

NearlyLegal, 24th November 2013

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