local government – Page 179 – Current Awareness

Will the Public Sector Equality Duty survive the Red Tape Challenge? – UK Human Rights Blog

Posted March 26th, 2013 in equality, government departments, local government, news by sally

“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

Regina v Hampshire County Council – WLR Daily

Posted March 26th, 2013 in abuse of process, confiscation, law reports, local government, proportionality, sentencing, trade marks by sally

Regina v Hampshire County Council [2013] WLR (D) 117

“There was no reason to stay confiscation proceedings where a trademark offence had been committed, because trademark offences were lifestyle, repeat offences, which did real damage to those entitled to the profits of a trademark and deprived the manufacturers of the legitimate fruits of the research and development of their product and it was proceeds which mattered rather than blame.”

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

Unclear judgment on unclear occupancy – NearlyLegal

Posted March 25th, 2013 in appeals, landlord & tenant, local government, news, repossession by sally

“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

Man sued council for £33,000 after slipping on some berries – Daily Telegraph

Posted March 21st, 2013 in compensation, local government, news, personal injuries by sally

“A man successfully sued his town council for nearly £33,000 after slipping on some berries while walking through a churchyard and breaking a bone.”

Daily Telegraph, 21st March 2013

Source: www.telegraph.co.uk

Another Distinction Between Professional Disciplinary Proceedings and Internal Employment Disciplinary Hearings: Christou v London Borough of Haringey – Littleton Chambers

Posted March 21st, 2013 in appeals, disciplinary procedures, employment, local government, news, professional conduct by sally

“If an individual has already been charged and given a warning for misconduct in a disciplinary process, can that process later be reopened, re-run and the individual dismissed for the same charge on the same evidence?”

Littleton Chambers, 14th March 2013

Source: www.littletonchambers.com

Barnet council faces high court review of budget cuts – The Guardian

Posted March 19th, 2013 in budgets, disabled persons, judicial review, local government, news by sally

“The ‘easyCouncil’ model of no-frills local services faces a high court challenge today, with locals from the London Borough of Barnet, including the disabled resident Maria Nash who is bringing the action, calling for a £320m privatisation deal to be scrapped.”

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily

Posted March 18th, 2013 in judicial review, law reports, local government, planning by sally

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council [2013] EWHC 513 (Admin); [2013] WLR (D) 101

“Section 61G(5) of the Town and Country Planning Act 1990, as inserted, required a local planning authority, in determining an application for a neighbourhood area, to consider whether the area proposed was appropriate, after considering the specific factual and policy matrix that existed in an individual case.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

The Cost of Care……The position following the Tower Hamlets decision – Family Law Week

Posted March 18th, 2013 in benefits, budgets, care orders, carers, families, fostering, guardianship, housing, local government, news by sally

“Jacqui Thomas, barrister of 37 Park Square Chambers, Leeds, considers the implications of the recent Tower Hamlets judgment for the cost of kinship care.”

Family Law Week, 17th March 2013

Source: www.familylawweek.com

Article 8, Undue Influence and much, much more… – NearlyLegal

Posted March 18th, 2013 in abuse of position of trust, care homes, human rights, landlord & tenant, local government, news, undue influence by sally

“The recent case of Birmingham CC v Beech contains a wealth of legal issues but sadly for the Defendant, none of them was decided in her favour. Mrs Beech’s parents had been joint tenants of a 3 bedroom property at 31 Tilshead Close, Birmingham since 1967. Mrs B’s father passed away in 1994 and her mother succeeded to the tenancy. Mrs B moved in to the property with her new partner in 2007 in order to provide care for her mother. Between 2008 and 2009, five offers of accommodation were made to Mrs B and these were refused for a variety of reasons. Mrs B’s request for her name to be added to the tenancy for Tilshead Close was also refused.”

NearlyLegal, 17th March 2013

Source: www.nearlylegal.co.uk

Public bodies ‘spending millions to snoop’ – BBC News

Posted March 18th, 2013 in budgets, fraud, government departments, investigatory powers, local government, news, personal injuries, private investigators by sally

“A wide range of public bodies are using private detectives to do their surveillance work, with many using security firms to dodge legal restrictions, a campaign group says.”

BBC News, 17th March 2013

Source: www.bbc.co.uk

Christou and another v Haringey London Borough Council – WLR Daily

Posted March 15th, 2013 in abuse of process, appeals, disciplinary procedures, estoppel, law reports, local government, unfair dismissal by sally

Christou and another v Haringey London Borough Council: [2013] EWCA Civ 178; [2013] WLR (D) 97

“The doctrine of res judicata did not apply to disciplinary procedures operated by an employer, nor did the related doctrine of abuse of process apply as such, but an employment tribunal considering a claim for unfair dismissal following a second disciplinary process would have to decide whether it had been fair to institute that second process.”

WLR Daily, 12th March 2013

Source: www.iclr.co.uk

Inter-authority recoupment – Education Law Blog

Posted March 14th, 2013 in costs, education, local government, news, regulations, special educational needs by sally

“The Inter-authority Recoupment (England) Regulations 2013 have now been made and will come into force on 1 April 2013.”

Education Law Blog, 13th March 2013

Source: www.education11kbw.com

Disabled people in legal bid to save living fund – BBC News

Posted March 13th, 2013 in budgets, disabled persons, housing, judicial review, local government, news, residential care by sally

“The High Court is to begin hearing a challenge to government plans to scrap a £320m scheme that helps people with severe disabilities live independently.”

BBC News, 13th March 2013

Source: www.bbc.co.uk

Heritage bodies win high court battle against Barnwell windfarm – The Guardian

Posted March 8th, 2013 in energy, local government, news, planning by sally

“Leading heritage organisations have won a high court battle against plans for a windfarm they warn will result in substantial harm to a heritage area ‘of national significance.’ English Heritage and the National Trust say the case has national implications. They supported East Northamptonshire district council’s successful legal bid to block proposals submitted by West Coast Energy for four 300 feet (91 metre) turbines on farmland at Barnwell Manor in Sudborough.”

The Guardian, 8th March 2013

Source: www.guardian.co.uk

Children and Families Bill 2013 – 11 KBW

Posted March 6th, 2013 in bills, children, local government, news, special educational needs by sally

“Part 3 of the Children and Families Bill 2013 (‘the Bill’) was intended to deliver ‘the biggest
reforms for 30 years’ for children and young people with SEN.”

Full story (PDF)

11 KBW, 5th March 2013

Source: www.11kbw.com

The Children and Families Bill – the new SEN provisions – 11 KBW

Posted March 6th, 2013 in bills, children, local government, news, special educational needs by sally

“The legislative framework governing the approach to children with special educational needs (‘SEN’) in England has remained broadly the same since the coming into force of Part 4 of the Education Act 1996 on 1st November 1996. However, on 18 March 2012, the Department for Education published a Green Paper, Support and Aspiration: A New Approach to Special Educational Needs and Disability, signalling an intention to review that framework. The intention to legislate in this field was reiterated in the Queen’s Speech on 9th May 2012, which was swiftly followed by the follow-up to the Green Paper, Progress and Next Steps, on 15 May 2012.”

Full story (PDF)

11 KBW, 5th March 2013

Source: www.11kbw.com

“Can’t We Make the Local Authority Pay for It?” – Family Law Week

Posted March 4th, 2013 in children, costs, family courts, fostering, guardianship, housing, jurisdiction, local government, news by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the court’s powers to compel a local authority to meet the costs of a particular action.”

Family Law Week, 2nd March 2013

Source: www.familylawweek.co.uk

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