Nottinghamshire County Council v Suffolk County Council: [2012] EWCA Civ 1640; [2012] WLR (D) 376
“The local authority responsible for providing financial and other support for a child under the Children Act 1989 was any authority which looked after the child or, if the child was not a looked after child, the local authority in whose area the child was living.”
WLR Daily, 11th December 2012
Source: www.iclr.co.uk
“Noel Arnold, Head of Legal Practice at the Coram Children’s Legal Centre, considers the importance of Independent Visitors for looked after children and clarifies confusions in the current arrangements.”
Family Law Week, 13th December 2012
Source: www.familylawweek.co.uk
White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374
“A public authority which had acted ultra vires could not rely on the unlawfulness of its own act in order to found a criminal prosecution.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
“Public organisations are wasting resources and causing financial hardship by taking too long to put right basic mistakes, says a new report by parliamentary ombudsman Dame Julie Mellor.”
The Guardian, 12th December 2012
Source: www.guardian.co.uk
Related link: Responsive and Accountable? 2011-12
“On 29 November 2012 the Court of Appeal handed down judgment in Birmingham City Council v Mr Neil Ashton [2012] EWCA Civ 1557. Though the facts of the case were similar to many anti-social behaviour cases heard around the country it did throw up three particularly interesting areas of confirmation and clarification.”
Hardwicke Chambers, 3rd December 2012
Source: www.hardwicke.co.uk
“This consultation seeks views on the Repeal of sections 63 to 67 of the Control of Pollution Act 1974 in relation to England and Wales, which would abolish all existing Noise Abatement Zones and prevent new ones being established.”
Consultation (PDF)
Department for Environment, Food and Rural Affairs, December 2012
Source: www.defra.gov.uk
The duty of care of Public Authorities: Too Much, Too Little or About Right? (PDF)
Speech by Master of the Rolls
PIBA Richard Davies Lecture, 27th November 2012
Source: www.judiciary.gov.uk
In re K (Children) (Direction to Investigate: Jurisdiction) [2012] EWCA Civ 1549; [2012] WLR (D) 364
“In family proceedings the court had jurisdiction to make more than one order under section 37 of the Children Act 1989 directing a local authority to investigate a child’s circumstances and consider issuing care proceedings. Where a judge was satisfied that the local authority either had not complied with the initial section 37 direction or had conducted an investigation which failed to a significant degree to engage with the court’s concerns, the court could extend or renew its section 37 direction.”
WLR Daily, 29th November 2012
Source: www.iclr.co.uk
“In Pieretti v. LB Enfield [2011] 2 All ER 642 the Court of Appeal held that a local authority in exercising its powers under Part VII Housing Act 1996 (Homelessness) was carrying out a ‘function’ for the purposes of s.49A. It was therefore an obligation on the Local Authority to have ‘due regard’ to the factors set out in the section and, in the case of homelessness, in particular to have ‘due regard’ to ‘the need to take steps to take account of disabled persons’ disabilities’. Moreover, this duty arose irrespective of whether or not the applicant, or their advisers, had raised disability as an issue.”
Hardwicke Chambers, 30th November 2012
Source: www.hardwicke.co.uk
Econord SpA v Comune di Cagno and others (Joined Cases C-182/11 and C-183/11); [2012] WLR (D) 356
“The condition established by the case law of the Court of Justice European Union (Teckal Srl v Comune di Viano (Case C-107/98) [1999] ECR I-8121 and Parking Brixen GmbH v Gemeinde Brixen (Case C-485/03) [2005] ECR I-8585) to the effect that, in order to be exempted from their obligation to initiate a public tendering procedure and instead to make an in-house award of a contract to a jointly owned municipal company, public authorities had to jointly exercise over that entity control similar to the control they exercised over their own departments, was fulfilled where each of those authorities not only held capital in that entity, but also played a role in its managing bodies.”
WLR Daily, 29th November 2012
Source: www.iclr.co.uk
“Report says police took too long after initial allegation of assault to arrest husband who went on to shoot wife and kill himself.”
The Guardian, 28th November 2012
Source: www.guardian.co.uk
“So-called ‘chuggers’ or ‘street fundraisers’ are seen by many as the scourge of the high street, but a new code of conduct may see shoppers across Britain breathe a sigh of relief as it sets out to curb aggressive money collecting which has plagued the practice.”
The Independent, 28th November 2012
Source: www.independent.co.uk
“Up and down the country, local authorities have been putting in place new standards arrangements so as to comply with the Localism Act 2011 (‘the 2011 Act’) and the regulations made thereunder. The first hearings for dealing with allegedly errant councillors under the new standards regime are taking place.”
11 KBW, 20th November 2012
Source: www.11kbw.com
“Provisions in the Local Government Byelaws (Wales) Bill, which were necessary to give effect to the Bill but raised no separate issue of principle, were incidental to or consequential to the Bill’s primary purpose of removing the requirement for the confirmation of byelaws by the Welsh Ministers as part of the overall streamlining and modernising of the way in which byelaws were made in Wales and, on a true construction, were within the legislative competence of the National Assembly for Wales.”
WLR Daily, November 2012
Source: www.iclr.co.uk
“Children in care are being threatened with separation from siblings and other family members because local authorities are attempting to rush through inappropriate and premature adoptions, high court judges have told the Guardian.”
The Guardian, 18th November 2012
Source: www.guardian.co.uk
Charles Terence Estates Ltd v Cornwall Council: [2012] EWCA Civ 1439; [2012] WLR (D) 326
“It was not appropriate to circumscribe a local authority’s power to acquire houses in order to provide accommodation for unintentionally homeless in priority need by limiting the power to acquire at a reasonable price.”
WLR daily, 13th November 2012
Source: www.iclr.co.uk
“New faith schools could be forced to admit pupils from non-religious backgrounds if a judicial review currently being heard in the High Court is successful.”
Daily Telegraph, 15th November 2012
Source: www.telegraph.co.uk
“Desperation among local authority housing departments is running so high that homeless families are regularly told they can be given accommodation only if their children go into care, writes Elizabeth Davidson. This shocking response on the part of the authorities is clearly a fob-off given that this would not only breach their legal duties but would cost their social services departments a lot of money.”
LegalVoice, 13th November 2012
Source: www.legalvoice.org.uk
“Where an unaccompanied young person claimed asylum in the United Kingdom and applied to a local authority for the provision of services as a child in need under section 20 of the Children Act 1989, to determine whether that claimant was a child separate assessments were required for immigration purposes and for services from a local authority. The local authority was not bound by the finding of the Home Secretary as to the age of the claimant either under domestic or EU law.”
WLR Daily, 7th November 2012
Source: www.iclr.co.uk
“The country’s largest local authority faces a potential bill of £757m to settle a string of equal pay claims lodged by mainly women workers, amid speculation that other councils and private sector firms could be targeted by a new wave of legal action.”
The Guardian, 12th November 2012
Source: www.guardian.co.uk
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