Campaigners issue judicial review challenge over closure of two “vital” children’s centres in Hackney – Local Government Lawyer

Posted June 11th, 2024 in children, consultations, education, judicial review, local government, news by sally

‘A group of parents have issued a judicial review challenge to the proposed closure of two children’s centres in Hackney, arguing that the council’s consultation process was “unfair and unlawful”.’

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Local Government Lawyer, 10th June 2024

Source: www.localgovernmentlawyer.co.uk

Council asks for permanent injunction to stop protests outside UK oil terminal – The Guardian

‘A council is trying to extend a controversial injunction against “persons unknown” to stop any future protests outside an oil terminal operated by Shell UK.’

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The Guardian, 10th June 2024

Source: www.theguardian.com

Suitability, reports in Family proceedings, and termination of existing accommodation – Nearly Legal

‘Querino v Cambridge City Council (Rev1) (2024) EWCA Civ 314. This was a second appeal to the court of appeal from a s.204 appeal of a decision on suitability of accommodation offered to Mr Querino in discharge of homeless duty.’

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Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Homelessness eligibility and the Withdrawal Agreement – two (contradictory) appeals – Nearly Legal

‘C v Oldham Council: Hynek v LB Islington. Central London County Court 24 May 2024. These are two s.204 appeals which address the effect of the Withdrawal Agreement (The Agreement of the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union,) on eligibility for housing assistance/homeless duties.’

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Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Interim relief in age assessment cases – Local Government Lawyer

‘The Upper Tribunal recently considered the correct approach to interim relief in age assessment cases. Joshua Swirsky analyses the ruling.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Judge allows reporting of case where DNA tests established that three abandoned babies were full sibliings – Local Government Lawyer

‘A newborn baby abandoned in Newham, East London, has been found – following DNA testing – to be the third child abandoned by the same parents.’

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Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk

Council begins demolition of “man cave” at centre of long-running planning enforcement battle

‘Forest of Dean District Council has started to demolish and remove a 10,000 soft cinema and bowling alley built without permission in a lengthy case that has seen a man jailed.’

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Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk

Judge hands down ruling on effect of withdrawal agreement on homeless applicants who are former EU nationals – Local Government Lawyer

Posted June 5th, 2024 in brexit, homelessness, housing, immigration, local government, news by sally

‘A Slovakian national has won a case against the London Borough of Islington over whether his status under agreements between the UK and the European Union entitled him to homelessness support.’

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Local Government Lawyer, 5th June 2024

Source: www.localgovernmentlawyer.co.uk

Defendant jailed over failure to pay £167k fine issued for non-compliance with planning enforcement notice – Local Government Lawyer

‘A woman has been jailed for default of payment of a £167,378 fine issued after she failed to comply with a planning enforcement notice to remove structures she built on green belt land.’

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Local Government Lawyer, 4th June 2024

Source: www.localgovernmentlawyer.co.uk

Charging disabled persons for services – Local Government Lawyer

‘A recent challenge to Birmingham City Council’s policy to charge disabled persons for services at the statutory maximum has failed. Joe Thomas explains why.’

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Local Government Lawyer, 31st May 2024

Source: www.localgovernmentlawyer.co.uk

Council and Official Solicitor fail in appeal over administration of covert medication to young woman – Local Government Lawyer

‘The Court of Appeal has dismissed appeals brought by a local authority and the Official Solicitor challenging final declarations made by a Court of Protection judge that it was in a young woman’s best interests to cease to be given covert medication, and to leave her current placement to return to live with her mother.’

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Local Government Lawyer, 31st May 2024

Source: www.localgovernmentlawyer.co.uk

Section 23 Care Act and a need for accommodation – Nearly Legal

‘Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540. This was an appeal from a judicial review of Ealing’s decision in May 2022 to end funding for Mr Campbell’s temporary bed and breakfast accommodation that had been provided by Social Services since 2016. Mr C had been placed in temporary accommodation in Ealing’s area by LB Hillingdon under Part VII Housing Act 1996. Hillingdon then apparently discharged duty. Ealing Social Services then took over funding the accommodation (and various subsequent temporary accommodation) on, they said, the basis that it was “exercising its statutory power under s.19(3) Care Act 2014 to provide care and support in the form of accommodation pending a needs assessment”.’

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Nearly Legal, 28th May 2024

Source: nearlylegal.co.uk

The new law on sexual harassment in the workplace – Local Government Lawyer

Posted May 29th, 2024 in employment, equality, harassment, local government, news, sex discrimination by sally

‘The Government has recently passed new legislation to prevent sexual harassment in the workplace. The Worker Protection (Amendment of Equality Act 2010) Act 2023 is due to come into force on 26 October 2024. Nicole Natur takes a closer look at the Act and how it will impact employers, as well as the steps that should be taken in order to prepare for the change.’

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Local Government Lawyer, 28th May 2024

Source: www.localgovernmentlawyer.co.uk

The Courts and Mediation – a settled position? – Local Government Lawyer

‘Late last year, a Court of Appeal decision on alternative dispute resolution highlighted the significant role that mediation can play in successfully resolving disputes, write Sophie McCabe, Rachel Murray-Smith and Helen Arthur.’

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Local Government Lawyer, 28th May 2024

Source: www.localgovernmentlawyer.co.uk

“All cases are unique, and very similar to others” [1] – Local Government Lawyer

Posted May 29th, 2024 in appeals, employment, employment tribunals, local government, news by sally

‘Nigel Pitchford looks at the lessons for workplace resolution from a timely review of local authority cases before the Employment Appeal Tribunal.’

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Local Government Lawyer, 28th May 2024

Source: www.localgovernmentlawyer.co.uk

Costs order was ‘fair’ where barrister forgot to renew his practising certificate, High Court judge finds – Law Society’s Gazette

‘Restricting the recovery of a barrister’s fees to work done while he held a practising certificate was not unfair, the High Court judge has ruled.’

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Law Society's Gazette, 28th May 2024

Source: www.lawgazette.co.uk

Disposal of open space – Local Government Lawyer

Posted May 28th, 2024 in judicial review, leases, local government, London, news, parks, sport, trusts by sally

‘The High Court has rejected a challenge to the lease by a London borough of part of a park to Tottenham Hotspur FC for a women’s and girls’ football academy. Matt Hutchings KC explains why.’

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Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

Letterbox contact can no longer be seen as appropriate regime for most cases, and should “certainly not be the norm”: Family President – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has outlined the need for a “new approach” to post-adoption contact, noting that letterbox contact can “no longer be seen as the appropriate regime for most cases”.’

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Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk

High Court dismisses judicial review against council after finding Bibby Stockholm barge lies outside area subject to planning control – Local Government Lawyer

Posted May 24th, 2024 in asylum, housing, immigration, judicial review, local government, news, planning by sally

‘The High Court has dismissed a judicial review claim brought by a local resident of Portland, who contended that the area of the seabed above which the Bibby Stockholm barge is moored forms part of the “land” that is subject to planning control under the Town and Country Planning Act (TCPA).’

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Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk