“The duty that local authorities have to accommodate homeless applicants in priority need is well established. But that duty, in section 193 of the Housing Act 1996, ceases to apply if a homeless applicant refuses to accept accommodation which is suitable for them.”
Hardwicke Chambers, 12th April 2013
Source: www.hardwicke.co.uk
“In February 2011 the Home Office produced the consultation document ‘More Effective Responses to Anti-Social Behaviour’ – a response to the earlier document ‘The Coalition: our programme for government’.”
Hardwicke Chambers, 12th April 2013
Source: www.hardwicke.co.uk
“This was a successful claim for judicial review brought by a mother in care proceedings in respect of her two children who were removed from the care of the paternal grandparents. To that extent, it is a first. It concerns the duty on the Local Authority to consult with parents when an Interim Care Order is in place.”
UK Human Rights Blog, 16th April 2013
Source: www.ukhumanrightsblog.com
“Wind energy developers are celebrating today after the high court ruled that Milton Keynes Borough Council’s attempts to impose a ‘buffer zone’ for new wind farm projects were unlawful.”
The Guardian, 15th April 2013
Source: www.guardian.co.uk
“Sally Bradley and Michael Edwards, barristers at 4 Paper Buildings, look at recent decisions on capacity in the Court of Protection.”
Family Law Week, 12th April 2013
Source: www.familylawweek.co.uk
“Andrew Pack, care lawyer with Brighton & Hove City Council, examines the routes available to a local authority to return a case to court if the care plan goes awry.”
Family Law Week, 10th April 2013
Source: www.familylawweek.co.uk
“‘Working Together to Safeguard Children’ is the lead piece of statutory guidance on… well, working together to safeguard children. Originally published in 1999, a new edition was published in 2006 following the changes brought about following the death of Victoria Climbié. And the next edition in 2010 incorporated recommendations of the second Laming Report which followed the death of Baby P. It had grown longer over time, as we all learned lessons from Haringey; but its growing length was causing concern.”
UK Human Rights Blog, 9th April 2013
Source: www.ukhumanrightsblog.com
“The Schools Standards and Organisation (Wales) Act (“the Act”) was passed by the Assembly on 15 January 2013 and received its Royal Assent on 4 March 2013. The proposal to legislate was announced by the First Minister on 12 July 2011, when the legislative programme for the Welsh Government was set out, and a White Paper followed in October 2011. The School Standards and Organisation (Wales) Bill was published in April 2012, along with an Explanatory Memorandum.”
Full story (PDF)
11 KBW, 3rd April 2013
Source: www.11kbw.com
“This is a tale of common law rights, open water swimming, and individual freedoms. It is about the flip side of codified human rights: the time-honoured principle, that that which is not specifically prohibited, is – or should be – permitted in English law.”
UK Human Rights Blog, 6th April 2013
Source: www.ukhumanrightsblog.com
“Nearly £700,000 has been paid out in compensation to pupils by Kent County Council following accidents in schools over the past five years.”
BBC News, 6th April 2013
Source: www.bbc.co.uk
“The families of the six people who died in the Lakanal House fire are taking legal action for compensation, BBC London has learned.”
BBC News, 4th April 2013
Source: www.bbc.co.uk
“It looks like it’s all systems go for HS2. The recent ruling on the high-speed rail from London to Birmingham and Manchester to Leeds gave the green light to the project. The government won nine out of the 10 points being challenged by various local authorities and action groups. It fell down on one area and has taken it on the chin agreeing to re-run its compensation consultation process.”
The Guardian, 3rd April 2013
Source: www.guardian.co.uk
“The Supreme Court has allowed Camden’s appeal from the Court of Appeal ([2011] EWCA Civ 463) on the issue that two separate flats on the same floor of a hostel building could be considered as ‘accommodation available for occupation’ for the applicant, her school-age sister, and her father, who was in ill-health and needed his daughter to care for him.”
Full story (PDF)
Zenith Chambers, 28th March 2013
Source: www.zenithchambers.co.uk
“Thanks to the English High Court, state policing of personal relationships in Britain is on the rise.”
Hardwicke Chambers, 22nd March 2013
Source: www.hardwicke.co.uk
“Councils will be given stronger powers to stop illegal Travellers’ sites being set up, communities and local government secretary Eric Pickles has announced.”
The Guardian, 29th March 2013
Source: www.guardian.co.uk
Islington London Borough Council v Unite Group PLC: [2013] EWHC 508 (Admin); [2013] WLR (D) 120
“For the purposes of article 3(2) of the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2006 it was the house in multiple occupation that had to comprise of three storeys and not the building in which a house in multiple occupation happened to be found.”
WLR Daily, 22nd March 2013
Source: www.iclr.co.uk
“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”
NearlyLegal, 24th March 2013
Source: www.nearlylegal.co.uk/blog/
“In Kirklees Council v IC & Pali Ltd [2011] UKUT 104 (AAC) the Upper Tribunal held, in the context of property search information, that reg 8(2) EIR precluded an authority from charging for allowing applicants to inspect information in situ and that a charge was only permissible if copy documents were provided to the applicant or the information was accessed other than by means of in situ inspection. The First-tier Tribunal has revisited the application of the charging rule in reg 8 EIR, again in the context of property search information, in Leeds City Council v IC & APPS Claimants (EA/2012/0020-21) (judgment of 22 March 2013).”
Panopticon, 23rd March 2013
Source: www.panopticonblog.com
“This is an interesting appeal in relation to the counting of storeys for HMO licensing purposes. It actually repeats an argument dealt with in an appeal in a criminal prosecution of a Mr Williams by Cotswold District Council from way back in 2008 although the result here was different (see ‘Recount Your Storeys’ (2009) 12 JHL 1).”
NearlyLegal, 22nd March 2013
Source: www.nearlylegal.co.uk
“In May 2012, the Home Secretary announced a review of the Public Sector Equality Duty (PSED), which came into force a year earlier in April 2011, as an outcome of the Red Tape Challenge. The review is focusing in particular on levels of understanding of the PSED and guidance, the costs and benefits of the duty, how organisations are managing legal risk and ensuring compliance with the duty and what changes, if any, would secure better equality outcomes. It is being overseen by a steering group, appointed by Government Ministers, largely drawn from public authorities.”
UK Human Rights Blog, 22nd March 2013
Source: www.ukhumanrightsblog.com
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