‘This was an an application for permission to appeal a judicial review decision on the interrelation of s.17 Children Act 1989, s.11 Children Act 2004 and the Housing Act 1996 parts 6 and 7.’
NearlyLegal, 24th November 2013
Source: www.nearlylegal.co.uk/blog/
‘Camden council’s decision to licence busking across the borough faces a legal challenge from the Association of Street Artists and Performers.’
The Independent, 22nd November 2013
Source: www.independent.co.uk
“A city council has agreed to pay a resident £1,500 after a series of errors meant she was forced to suffer anti-social behaviour from a neighbour for more than two years.”
Local Government Lawyer, 19th November 2013
Source: www.localgovernmentlawyer.co.uk
“Community care services are generally provided to those with relevant assessed needs by the authority of ‘ordinary residence’. So, ordinary residence has tended to be a question for local authorities considering the entitlement to community care services. This includes accommodation and domiciliary services under the National Assistance Act 1948 (NAA 1948) and accommodation under the Children Act 1989. Ordinary residence is also relevant for identifying which local authority is the supervisory body for the purposes of the Mental Capacity Act 2005 (and, conveniently some of the deeming provisions from the NAA apply to the MCA 2005, para 183 Sched A1).”
Hardwicke Chambers, 7th November 2013
Source: www.hardwicke.co.uk
“Andrew Pack, care lawyer with Brighton and Hove City Council, considers the options for local authorities in the wake of the Court of Appeal’s landmark judgment in W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227.”
Family Law Week, 17th November 2013
Source: www.familylawweek.co.uk
“A High Court judge has given a group of Romany Travellers permission for a judicial review over a council’s decision to evict them from an unauthorised site on Green Belt land.”
Local Government Lawyer, 18th November 2013
Source: www.localgovernmentlawyer.co.uk
“The High Court has granted a possession order to West Sussex County Council, allowing it to remove anti-fracking protestors from where they have camped alongside a busy main road.”
OUT-LAW.com, 14th November 2013
Source: www.out-law.com
“A bar operator has been ordered to pay a local authority £72,000 in legal costs after it lost an appeal over restrictions imposed on its opening hours.”
Local Government Lawyer, 14th November 2013
Source: www.localgovernmentlawyer.co.uk
“Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013. A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision and the s.202 upheld the decision.”
NearlyLegal, 13th November 2013
Source: www.nearlylegal.co.uk/blog/
Snelling and another v Burstow Parish Council [2013] EWCA Civ 1411: [2013] WLR (D) 433
“A parish council was entitled to use its power under either section 32 of the Small Holdings and Allotments Act 1908 or section 27 of the Commons Act 1876 to sell land containing garden allotments which had come under its management by virtue of section 33 of the 1908 Act. Where the land had been acquired but not purchased for use as allotments, section 8 of the Allotments Act 1925 did not apply and the consent of the Secretary of State was not required for the sale.”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
“A High Court judge has rejected a council’s legal challenge over plans to close an accident and emergency department at a local hospital. The London Borough of Enfield had sought to challenge the decision by the Barnet, Enfield and Haringey clinical commissioning groups (the ‘CCGs’) and the Barnet and Chase Farm Hospitals NHS Trust to close the A&E department at Chase Farm Hospital with effect from 9 December this year.”
Local Government Lawyer, 13th November 2013
Source: www.localgovernmentlawyer.co.uk
“Can a refuge be a ‘residence of own choice’ for the purposes of Local Authority decisions about local connection in homeless applications? This is a rare Court of Appeal decision on the issue. In addition, can a Reg 8(2) ‘minded to’ letter requirement be triggered by events during the review and after a first ‘minded to’ letter has been sent?”
NearlyLegal, 10th November 2013
Source: www.nearlylegal.co.uk
“The words ‘in relation to … the trust’ in sections 65(F)(1), 65I(1), 65K(1) of the National Health Service Act 2006, as amended and inserted, meant the failing trust to which the trust special administrator had been appointed under Chapter 5A of the 2006 Act, and no other trust. It followed that the administrator appointed to a neighbouring trust had no power to make recommendations in relation to any other trust, and the Secretary of State had no power to make a decision based on such recommendations.”
WLR Daily, 8th November 2013
Source: www.iclr.co.uk
“A mother has lost her legal battle to be allowed to teach her disabled son at home after a senior judge ruled that he had to live 100 miles away to receive specialist education.”
Daily Telegraph, 12th November 2013
Source: www.telegraph.co.uk
“Builders will be able to bypass councils and appeal directly to ministers to push through controversial housing schemes, ministers have said. Currently, major developments are usually decided by votes in a committee of councillors. However under new powers ministers can step in if the local authorities repeatedly drag their feet over decisions.”
Daily Telegraph, 13th November 2013
Source: www.telegraph.co.uk
“A judicial review of the Government’s procedure in deciding which areas to exempt from recently introduced rights allowing offices to be transformed into homes without planning permission will be heard in the High Court on 4 December.”
OUT-LAW.com, 11th November 2013
Source: www.out-law.com
“Former Director of Public Prosecutions, Keir Starmer QC, has called for an overhaul of the law concerning safeguarding children. In a previous post I considered the current legislation and whether it goes far enough. I concluded that there is a need for a more general duty to have due regard to the need to eliminate abuse of minors over and above the existing welfare duty in s11 of the Children Act 2004.”
Halsbury’s Law Exchange, 8th November 2013
Source: www.halsburyslawexchange.co.uk
“A High Court judge yesterday granted permission to an application by Westminster City Council and English Heritage for a judicial review of the decision by the Secretary of State (SoS) not to call in proposals for a £800 million redevelopment of Elizabeth House near London’s Waterloo Station.”
OUT-LAW.com, 8th November 2013
Source: www.OUT-LAW.com
“A council acted unlawfully in 2012 when it cut youth services by more than 70% over a three-year period, the Court of Appeal has ruled.”
Local Government Lawyer, 7th November 2013
Source: www.localgovernmentlawyer.co.uk
“Purewal v Ealing Borough Council (2013) CA Civ Div 05/11/2013.
This was Ealing’s appeal from a s.204 appeal brought by Ms Purewal. At the s.204 appeal, the Circuit Judge had varied Ealing’s review decision that Ms P was intentionally homeless and substituted a decision that she was unintentionally homeless.”
NearlyLegal, 6th November 2013
Source: www.nearlylegal.co.uk/blog/
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