Cwmbran fire trial: Serious case review is called – BBC News

Posted July 22nd, 2013 in children, fire, local government, murder, news, police, sentencing, social services by sally

“A serious case review will be launched after three generations of the same family were murdered in a house fire.”

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BBC News, 19th July 2013

Source: www.bbc.co.uk

Allotment-holders take legal action against Eric Pickles – The Independent

Posted July 22nd, 2013 in judicial review, local government, news, sale of land by sally

“Allotment-holders are taking legal action against Eric Pickles, the Communities and Local Government Secretary, over his decision to approve the development of a site in Watford used by local families for more than 100 years.”

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The Independent, 21st July 2013

Source: www.independent.co.uk

Getting local authorities mythbusting – Cloisters

“Local authorities have a duty not to spend public money on propaganda for a political party. Section 4 of the Local Government Act 1986 provides for a Code of recommended practice as regards publicity. Councils which fail to follow its requirements may find themselves in breach of s 2 of the LGA 1986 and subject to judicial review. Hence councils act with caution in this area. Declan O’Dempsey writes about recent work on the Local Audit and Accountability Bill, which should encourage local authorities to rebut factually inaccurate stories put out by political parties, perhaps event during the election “purdah” period.”

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Cloisters, July 2013

Source: www.cloisters.com

Gambling watchdog disputes analysis by district judge over primary activity – Local Government Lawyer

Posted July 18th, 2013 in gambling, licensing, local government, news by sally

“The Gambling Commission has publicly rejected a district judge’s suggestion in the recent Paddy Power case that primary gambling activity is an area solely for the watchdog, not licensing authorities.”

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Local Governemtn Lawyer, 17th July 2013

Source: www.localgovernmentlawyer.co.uk

Surviving LASPO conference: ‘imperative’ that next government has advice strategy – LegalVoice

Posted July 17th, 2013 in appeals, benefits, budgets, legal aid, legal services, local government, news by sally

“A single helpline to act as ‘a safety net’ for those who can not find legal help and a £100m national advice fund, are likely to be two of more eye-catching recommendations of the Low Commission on the Future of Advice and Legal Support reports Jon Robins.”

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LegalVoice, 17th July 2013

Source: www.legalvoice.org.uk

Michael Gove strips council of child protection powers – The Guardian

“A council has been stripped of its powers to provide child protection by the education secretary, Michael Gove, after the latest in a series of damning reports found its services could not overcome a persistent culture of ‘failure and disillusion’.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

The impact of the revocation of the temporary stop notice regulations on Gypsies and Travellers: the road to nowhere – Garden Court Chambers Blog

“Marc Willers examines why changes to temporary stop notice provisions risk forcing Gypsies and Travellers onto the roadside.”

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Garden Court Chambers Blog, 15th July 2013

Source: www.gclaw.wordpress.com

Judicial review of FTT in UT: what costs rule applies? – Education Law Blog

“In R (LR) v FTT [2013] UKUT 0294 (AAC) the parents and local authority had settled an appeal against a statement of special educational needs and entered into a consent order. The local authority subsequently sought to re-open the tribunal’s approval of that order and, following a review, the FTT set it aside.”

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Education Law Blog, 9th July 2013

Source: www.education11kbw.com

Sacked chief constables could launch human rights claim, says watchdog – Daily Telegraph

“Chief constables who are forced out of their jobs by police and crime commissioners could launch claims under the European Convention on Human Rights, a watchdog has said.”

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Daily Telegraph, 11th July 2013

Source: www.telegraph.co.uk

Not pending this appeal – NearlyLegal

Posted July 9th, 2013 in appeals, homelessness, housing, judicial review, local government, news by sally

“When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant’s route to challenge a refusal by the local authority to provide accommodation pending appeal to the Court of Appeal?”

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NearlyLegal, 8th July 2013

Source: www.nearlylegal.co.uk

‘Gutting’ of Jillings child abuse report angers victims – The Guardian

“A decision to continue to withhold crucial details from a damning report on widespread abuse in children’s homes has been strongly criticised by victims, lawyers and child protection experts.”

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The Guardian, 8th July 2013

Source: www.guardian.co.uk

North Wales care abuse: Jillings report published after 17 years – BBC News

“A report written 17 years ago into claims of abuse at children’s homes in north Wales in the 1970s and 1980s has been published.”

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BBC News, 8th July 2013

Source: www.bbc.co.uk

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening) – WLR Daily

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening): [2013] UKSC 45 ;   [2013] WLR (D)  264

“The hypothesis of the second limb of the ‘in the same employment’ test in section 1(6) of the Equal Pay Act 1970 was that the chosen male comparators were to be transferred to do their present jobs in the location where the women claimants worked, while there was no requirement of any real possibility that such a transfer would occur. The question to be answered was whether in the event of such a transfer, however unlikely, the comparators would remain employed on the same or broadly similar terms and conditions to those applicable in their current place of work.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk

How do we tackle institutional abuse of minors? – Halsbury’s Law Exchange

Posted July 4th, 2013 in child abuse, equality, local government, news, social services by sally

“In this piece I examine a difficult question. Is there now a need for a duty to have due regard to the need to eliminate abuse of minors over and above the welfare duty in s 11 of the Children Act 2004? (The question can be put in a number of different ways covering exploitation, abuse, and I have not tried to define precisely the social evil to be minimised).”

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Halsbury’s Law Exchange, 3rd July 2013

Source: www.halsburyslawexchange.co.uk

Brain-damaged claimant fails in Article 8 claim against Council – UK Human Rights Blog

“On 29 May 2004, Bradley Bedford, then aged 13, was beaten senseless by one AH, then 15, whom he had the misfortune to encounter entirely by chance near the seaside in Torbay. AH was in a children’s home there which was contracted to the Defendant Council; AH was a ‘looked after’ child under section 20 of the Children Act 1989. Bradley sued the Council for failing to protect him. His claim was limited to one under the Human Rights Act, and Article 8 ECHR in particular.”

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UK Human Rights Blog, 2nd July 2013

Source: www.ukhumanrightsblog.com

Legal aid cuts: ‘a return to widespread miscarriages of justice’ – The Guardian

“What impact will the latest raft of legal aid cuts have on people fighting councils or who are wrongly accused of a crime? We ask former defendants, their families, lawyers and experts.”

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The Guardian, 2nd July 2013

Source: www.guardian.co.uk

Grey v Swansea City and County Council – WLR Daily

Posted July 2nd, 2013 in contracts, law reports, licensing, local government, road traffic by sally

Grey v Swansea City and County Council [2013] WLR (D) 260

“A public service vehicle could be ‘used on a road for carrying passengers for hire or reward’, within the terms of the Public Passenger Vehicles Act 1981, even if it were not actually in motion on the road, and so failure to display the operator’s disc, which section 18 of the Act required to be fixed to and exhibited on the vehicle, on such a stationary vehicle could constitute a breach of statutory duty.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

The time to act on the bedroom tax is now – Garden Court Chambers Blog

Posted July 2nd, 2013 in benefits, housing, local government, news, repossession, social security by sally

“At a time when the bedroom tax is coming to dominate debates about housing and fairness in our society, Liz Davies considers the options available to local councils in resisting this policy of central government.”

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Garden Court Chambers Blog, 1st July 2013

Source: www.gclaw.wordpress.com

A historic leap forward for equal pay claimants? – UK Human Rights Blog

“Dumfries and Galloway -v- North [2013] UKSC 45. Yesterday’s much heralded equal pay ‘victory’ in the Supreme Court (see BBC Report) undoubtedly will be good news for the specific female claimants in the case who seek to vindicate their European Union rights to equal pay.”

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UK Human Rights Blog, 27th June 2013

Source: www.ukhumanrightsblog.com

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) – Supreme Court

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) [2013] UKSC 45 | UKSC 2011/0046 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt