Category: local government

Residential Placement: The Upper Tribunal strikes again – Education Law Blog

Posted November 12th, 2012 in local government, news, residential care, special educational needs, tribunals by sally

“Special educational needs (“SEN”) cases involving residential placements are often particularly contentious: the pupil will often have (or be alleged to have) particularly significant SENs, but the local authority will be potentially facing a very large bill for such a placement. The issue has again been considered by the Upper Tribunal in London Borough of Hammersmith and Fulham v JH [2012] UKUT 328 (AAC).”

Full story

Education Law Blog, 12th November 2012

Source: www.education11kbw.com

Suitability: Of time and distance – NearlyLegal

Posted November 12th, 2012 in homelessness, housing, local government, news by sally

“With perfect timing, a County Court section 204 appeal judgment reaches us, on the issue of suitability of temporary accommodation. With the context of out of borough placements and the post Localism Act situation, this seemed worth considering and quoting in detail.”

Full story

NearlyLegal, 12th November 2012

Source: www.nearlylegal.co.uk

Estoppel and unconscionability – NearlyLegal

Posted November 12th, 2012 in estoppel, local government, news, rights of way, roads by sally

“In Joyce v Epsom & Ewell BC [2012] EWCA Civ 1398, the Court of Appeal were faced with a not dissimilar case to the classic Crabb v Arun DC [1976] 1 Ch 179, at least in so far as it was a claim to an easement against a local authority by way of proprietary estoppel.”

Full story

NearlyLegal, 9th November 2012

Source: www.nearlylegal.co.uk

‘Homeless Legislation – a thing of the past?’ – NearlyLegal

Posted November 12th, 2012 in homelessness, housing, local government, news by sally

“Now that the Guardian has the story, I feel able to quote a briefing paper by Andy Gale of the DCLG that had found its way to me. This is the briefing that Andy Gale has been giving to Council officers (not councillors, as far as I know) on what he gives as the DCLG view of the post-Localism Act world, how Councils should implement it, and how officers should sell this to Councillors.”

Full story

NearlyLegal, 10th November 2012

Source: www.nearlylegal.co.uk

The Article 8 Toys Go Back in the Box – NearlyLegal

Posted November 9th, 2012 in housing, human rights, landlord & tenant, local government, news, succession by tracey

“The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts.”

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NearlyLegal, 9th November 2012

Source: www.nearlylegal.co.uk/blog/

Council ‘failed to consider differing needs of elderly and dementia patients when setting care home fees’ – Daily Telegraph

Posted November 9th, 2012 in care homes, disability discrimination, elderly, equality, judicial review, local government, mental health, news by tracey

“A group of care homes has won a legal challenge against their local council, after accusing it of setting care fees too low and putting elderly and frail people at serious risk.”

Full story

Daily Telegraph, 8th November 2012

Source: www.telegraph.co.uk

Noisy neighbours may be protected by new law to stop council snooping – The Guardian

Posted November 5th, 2012 in complaints, environmental health, investigatory powers, local government, news, noise, privacy by sally

“A new law to stop councils using counter-terrorism powers to snoop on people is thwarting efforts to tackle noisy neighbours, according to environmental health experts.”

Full story

The Guardian, 4th November 2012

Source: www.guardian.co.uk

Abdulla and others v Birmingham City Council – WLR Daily

Posted October 30th, 2012 in contract of employment, employment tribunals, equal pay, law reports, local government, sex discrimination, Supreme Court, time limits by sally

Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294

“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”

WLR Daily, 24th October 2012

Source: www.iclr.co.uk

Government orders building standards review – The Guardian

Posted October 29th, 2012 in budgets, construction industry, health & safety, housing, local government, news, regulations by sally

“Regulations covering building standards, including fire safety and wheelchair access, could be torn up in a government plan to cut costs for the construction industry and boost the economy.”

Full story

The Guardian, 26th October 2012

Source: www.guardian.co.uk

Use stronger snooping powers against fly tipping, watchdog urges – Daily Telegraph

Posted October 29th, 2012 in bills, electronic mail, interception, internet, local government, news, ombudsmen, telecommunications, waste by sally

“New powers to snoop on all emails, web visits and phone calls could still be used to combat minor crimes despite Government assurances, the watchdog who oversees them has said.”

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Daily Telegraph, 29th October 2012

Source: www.telegraph.co.uk

New powers to spread the cost of drink fuelled crime – Home Office

Posted October 26th, 2012 in alcohol abuse, crime prevention, local government, press releases by tracey

“New powers to help pay the nation’s £11bn a year bill for alcohol-related crime and disorder come into effect next week. The measures will give local authorities the opportunity to ensure those selling alcohol help pay towards the costs of cleaning up and policing the effects of excessive drinking in towns and cities across the country, as well as restrict the sale of alcohol in the early hours.”

Full press release

Home Office, 24th October 2012

Source: www.homeoffice.gov.uk

Women who worked for Birmingham council win equal pay court fight – The Guardian

Posted October 24th, 2012 in appeals, equal pay, local government, news, women by sally

“Scores of women who worked for a local authority have won an equal pay compensation fight at the UK’s highest court.”

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The Guardian, 24th October 2012

Source: www.guardian.co.uk

CPO over unoccupied property can be made even when dwelling not ’empty’, says court – OUT-LAW.com

Posted October 22nd, 2012 in compulsory purchase, empty dwelling management orders, housing, local government, news by sally

“A local housing authority may make a compulsory purchase order (CPO) over an unoccupied house even where the house is not ’empty’ for the purposes of the empty dwellings management orders (EDMO) regime, a High Court judge has ruled.”

Full story

OUT-LAW.com, 22nd October 2012

Source: www.out-law.com

Not round these parts – NearlyLegal

Posted October 22nd, 2012 in ASBOs, housing, judicial review, local government, news, young persons by sally

“Did historic ASB by the daughter of a former evicted tenant allow the local authority to refuse to allow her accommodation in the same area? This was the issue in this judicial review of Bolton-at-Home’s (‘Bolton’) decision to refuse a property to Ms Carney.”

Full story

NearlyLegal, 21st October 2012

Source: www.nearlylegal.co.uk

Proportionality – between claim and hearing – NearlyLegal

Posted October 22nd, 2012 in appeals, complaints, housing, local government, news, proportionality by sally

“A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality.”

Full story

NearlyLegal, 21st October 2012

Source: www.nearlylegal.co.uk

Virgin Media and BT take legal action against Birmingham council broadband – The Guardian

Posted October 22nd, 2012 in competition, complaints, internet, local government, news, state aids by sally

“Virgin Media and BT are taking legal action against Birmingham city council over the use of public money to build a broadband network that directly competes with their own.”

Full story

The Guardian, 21st October 2012

Source: www.guardian.co.uk

One year after eviction, the saga of Dale Farm is far from over – The Guardian

Posted October 18th, 2012 in local government, news, repossession, travellers by sally

“Around 80 Traveller families were removed from site 12 months ago after a decade long battle, but many are still close by.”

Full story

The Guardian, 17th October 2012

Source: www.guardian.co.uk

Live animal export suspension at Ramsgate overturned – BBC News

Posted October 17th, 2012 in animal cruelty, appeals, export controls, local government, news by tracey

“A temporary suspension of live animal exports from the Port of Ramsgate has been overturned by the High Court.”

Full story

BBC News, 16th October 2012

Source: www.bbc.co.uk

Information stored in electronic recycle bins is held for purposes of FOI disclosure, says watchdog – OUT-LAW.com

Posted October 12th, 2012 in electronic mail, freedom of information, government departments, local government, news by sally

“Public sector bodies will generally be required to disclose information even if it is stored in computer ‘recycle bins’, the Information Commissioner’s Office (ICO) has said.”

Full story

OUT-LAW.com, 12th October 2012

Source: www.out-law.com

Government to consult on temporary stop notices to prevent unauthorised traveller sites – OUT-LAW.com

Posted October 12th, 2012 in consultations, fines, local government, news, planning, travellers by sally

“Communities secretary Eric Pickles has set out the details of plans announced by him earlier this week to remove restrictions on the use of temporary stop notices, giving councils greater freedom to prevent unauthorised traveller sites being set up.”

Full story

OUT-LAW.com, 11th October 2012

Source: www.out-law.com