Vulnerable elderly ‘locked out’ of state-funded care despite reforms, study finds – Daily Telegraph

Posted October 23rd, 2013 in benefits, budgets, care homes, carers, charities, elderly, local government, news by sally

“Hundreds of thousands of frail elderly and disabled people who need help with basic tasks such as washing and dressing will receive no assistance towards the cost of their care, despite Government reforms, experts have warned.”

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Daily Telegraph, 22nd October 2013

Source: www.telegraph.co.uk

In re W (A Child); In re H (Children) – WLR Daily

In re W (A Child); In re H (Children) [2013] EWCA Civ 1177; [2013] WLR (D) 384

“Guidance on how the Court of Appeal should approach applications for permission to appeal and appeals arising from decisions of family judges refusing parents leave in accordance with section 47(5) of the Adoption and Children Act 2002 to oppose the making of adoption orders in relation to their children where such decisions were delivered before the decision in In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Court orders MMR vaccine for children – UK Human Rights Blog

“The High Court has ruled that two sisters must receive the MMR vaccine against their wishes and the wishes of their mother. This was an application by the father for a declaration and a specific issue order concerning his daughters both receive the MMR vaccination. This was opposed by their mother.”

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UK Human Rights Blog, 18th October 2013

Source: www.ukhumanrightsblog.com

Back to basics: why a public authority can’t be an HRA victim – UK Human Rights Blog

“David Mead looks at a case in which the Olympic Delivery Agency got an injunction against protesters: Olympic Delivery Authority v Persons Unknown. The ODA was a public authority, and the protesters were advancing defences under Articles 10 (freedom of expression) and 11 (freedom of association). Arnold J dismissed the defences on the basis that these rights needed to be balanced against the ODA’s rights to property under A1P1.”

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UK Human Rights Blog, 17th October 2013

Source: www.ukhumanrightsblog.com

In re W (A Child) (Care Proceedings: Court’s Function) – WLR Daily

In re W (A Child) (Care Proceedings: Court’s Function) [2013] EWCA Civ 1227; [2013] WLR (D) 382

“Once a decision to institute care proceedings had been taken the court became the decision-maker until a full order was made. The local authority was required to provide the evidence to enable the judge to undertake the welfare and proportionality evaluations. That included a description of the services that were available and practicable for each placement option and each order being considered by the court. There should be no question of a local authority declining to file its evidence or proposed plans in response to the court’s evaluations. If a local authority made it clear that it would not implement a care plan option about which evidence had been given and which the judge preferred on welfare and proportionality grounds, then in a rare case it could be subjected to challenge in the High Court within the proceedings. In the unlikely event that a local authority declined to abide by a judge’s orders and directions in the future, the judge should inform the local authority’s monitoring officer to make a report to the authority with the intention that the authority was brought back into compliance.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

Birmingham branded ‘national disgrace’ for child protection failures – The Guardian

“Vulnerable children are being let down by councils with ineffective and incompetent leadership, according to the Ofsted chief inspector, who singled out Birmingham as a ‘national disgrace’.”

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The Guardian, 15th October 2013

Source: www.guardian.co.uk

Landmark Supreme Court cases on deprivations of liberty to start next week – Local Government Lawyer

Posted October 15th, 2013 in freedom of movement, local government, mental health, news, Supreme Court by sally

“A panel of seven justices at the Supreme Court will next week hear two landmark cases on deprivations of liberty.”

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Local Government Lawyer, 15th October 2013

Source: www.localgovernmentlawyer.co.uk

Six years, three judges, £350,000 in costs to the taxpayer… and no change: Judge hits out at ‘astonishing’ cost of Court of Protection case – The Independent

“A High Court Judge has hit out at the ‘astonishing’ cost of a six year legal battle in the Court of Protection which ended today after all parties agreed a woman should stay in care.”

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The Independent, 11th October 2013

Source: www.independent.co.uk

Up to 450,000 face court over council tax arrears – The Independent

Posted October 11th, 2013 in council tax, debts, local government, news, taxation by sally

“More than 450,000 people could already have received a court summons because they have fallen into arrears with their council tax payments following changes to the system, it was claimed.”

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The Independent, 11th October 2013

Source: www.independent.co.uk

Baby P council apologises for failings in Child T abuse case – The Guardian

Posted October 11th, 2013 in child abuse, local government, news, reports, social services by sally

“The council that dealt with the Baby P and Victoria Climbié cases has apologised after failing to prevent the abuse of a toddler who suffered extensive injuries at the hands of his family.”

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The Guardian, 10th October 2013

Source: www.guardian.co.uk

Court of Appeal upholds CPO by council of site of famous amusement park – Local Government Lawyer

Posted October 9th, 2013 in appeals, compulsory purchase, inquiries, local government, news by sally

“A district council’s compulsory purchase of the site of a famous amusement park has today been upheld by the Court of Appeal.”

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Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

Charity chiefs back ‘once-in-a-generation’ change to fostering law – Daily Telegraph

Posted October 9th, 2013 in bills, charities, children, education, fostering, local government, news, statistics by sally

“An alliance of 40 charity chiefs and experts is today urging members of the Lords to seize a ‘once-in-a-generation’ opportunity to change the law to give young people in foster care the same start in adult life as their peers.”

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Daily Telegraph, 9th October 2013

Source: www.telegraph.co.uk

Bwlchyllan lake battle set to end after 20 years – BBC News

Posted October 9th, 2013 in enforcement notices, fines, health & safety, local government, news, planning, water by sally

“A farmer is set to win a 20-year-long legal battle for planning permission for a large lake on his land.”

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BBC News, 9th October 2013

Source: www.bbc.co.uk

‘There’s no more learning left to be done’, says child protection expert, in wake of Hamzah Khan death – Daily Telegraph

Posted October 7th, 2013 in child neglect, homicide, local government, news, police, sentencing, statistics by sally

“Studying past cases of child neglect is a ‘big distraction’ for child protection professionals, a leading professor of social work has said, a day after a jury convicted a mother of starving her young son to death.”

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Daily Telegraph, 4th October 2013

Source: www.telegraph.co.uk

First council-promoted Planning Act 2008 scheme survives judicial review – Local Government Lawyer

“A High Court judge has dismissed a judicial review challenge to the first scheme to be promoted by a local authority under the infrastructure planning and consenting regime contained in the Planning Act 2008.”

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Local Government Lawyer, 4th October 2013

Source: www.localgovernmentlawyer.co.uk

Hamzah Khan: Amanda Hutton jailed after son starved to death – The Guardian

“An alcoholic mother of eight who starved her four-year-old son to death and left his body in a cot for nearly two years has been jailed for 15 years.”

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The Guardian, 4th October 2013

Source: www.guardian.co.uk

When adoption without parental consent breaches human rights – UK Human Rights Blog

“Re B-S (Children) [2013] EWCA Civ 1146 is the latest Judgment of the Court of Appeal on non-consensual adoption since the Supreme Court authorized a closer scrutiny of first instance decisions In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911.”

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UK Human Rights Blog, 1st October 2013

Source: www.ukhumanrightsblog.com

Council and watchdog in standoff over lawfulness of libel claim indemnity – Local Government Lawyer

Posted October 1st, 2013 in auditors, defamation, illegality, indemnities, local government, news by sally

“A local authority and a finance watchdog are at loggerheads over whether certain expenditure – including the grant of an indemnity to the chief executive to bring a libel counter-claim – was unlawful.”

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Local Government Lawyer, 30th September 2013

Source: www.localgovernmentlawyer.co.uk

Westminster clear up – NearlyLegal

Posted September 30th, 2013 in appeals, benefits, disabled persons, housing, landlord & tenant, local government, news by sally

“There has been a lot of excitement about the Westminster FTT bedroom tax appeal by Mr Surinder Lall (eg Guardian, CAB). As I mentioned in my last post on the FTT bedroom tax decisions, it was hard to tell what had happened by looking at the decision itself and the press reports. Some, like the CAB, have taken the view that it was Mr Lall’s use of the second room to hold and use equipment related to his disability (he is blind) that was the basis of the decision. If so, this would be a ‘current use’ decision and highly significant, in view of the DWP’s position that ‘tenant use’ should not be a factor.”

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NearlyLegal, 28th September 2013

Source: www.nearlylegal.co.uk

Bedroom tax defeat for Westminster council in landmark case – The Guardian

Posted September 27th, 2013 in benefits, disabled persons, housing, local government, news, social security by sally

“A housing association tenant in central London has won an appeal against the imposition of the bedroom tax by Conservative-run Westminster city council, in what is thought to be the first such victory in England.”

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The Guardian, 26th September 2013

Source: www.guardian.co.uk