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

Sex abuse allegations against parent should be disclosed in contact proceedings – UK Human Rights Blog

“The Court of Appeal has ordered the the disclosure of serious allegations made against a parent by an anonymous third party in contact proceedings. In doing so, it has demonstrated the correct approach to balancing the many different human rights considerations involved.”

Full story

UK Human Rights Blog, 28th September 2012

Source: www.ukhumanrightsblog.com

Can the Court Protect Vulnerable Adults who have Capacity? – Family Law Week

Posted September 28th, 2012 in duress, jurisdiction, local government, mental health, news by sally

“Moira Sofaer, barrister and mediator, of Goldsmith Chambers, considers the protection afforded by the courts to vulnerable adults who are outside the ambit of the Mental Capacity Act 2005 in the light of the Court of Appeal’s judgment in DL.”

Full story

Family Law Week, 27th September 2012

Source: www.familylawweek.co.uk

Pay To Stay: A potential can of worms in social housing reform – Hardwicke Chambers

Posted September 25th, 2012 in housing, local government, news, rent by sally

“‘For far too long, millions of people on waiting lists have watched helplessly as high-earning social tenants continue to occupy homes designed to help the most vulnerable…if they want to continue using this precious national resource, they will pay for the privilege.’

When the then Housing and Local Government Minister, Grant Shapps MP, launched a consultation on giving social landlords the power to charge market rents to high income tenants on 13 June 2012, he did so using deliberately strong language.”

Full story

Harwicke Chambers, 13th September 2012

Source: www.hardwicke.co.uk

A closed door – Article 8 defences in mandatory possession cases – Hardwicke Chambers

“The Supreme Court in Manchester City Council v Pinnock [2010] UKSC 45; [2011] 2 AC 104 and The Mayor & Burgesses of the London Borough of Hounslow v Powell [2011] UKSC 8; [2011] 2 WLR 287 severely restricted the likelihood of an occupier facing (mandatory) possession of their home successfully defending such a claim in reliance upon Article 8 of the Convention Rights – the right to respect for private and family life.”

Full story

Hardwicke Chambers, 13th September 2012

Source: www.hardwicke.co.uk

Article 8 and Possession – NearlyLegal

“The ECtHR’s recent decision in Buckland v UK demonstrates again how wonderfully delphic the subject of housing and Article 8 rights has become.”

Full story

NearlyLegal, 23rd September 2012

Source: www.nearlylegal.co.uk

Consultation on adoption and fostering welcomed by sector – Family Law Week

Posted September 20th, 2012 in adoption, carers, consultations, fostering, local government, news, social services by sally

“The British Association for Adoption & Fostering (BAAF) and Fostering Network have welcomed the Government’s newly published consultation on proposed changes to adoption and fostering.”

Full story

Family Law Week, 19th September 2012

Source: www.familylawweek.co.uk

Local authorities and NHS Trusts (1): compromise agreements, officers’ identities and gagging clauses – Panopticon

“From a FOIA perspective, local authorities and NHS Trusts have this in common: both frequently receive requests for details of compromise agreements and other details about individual officers’ employment and disciplinary records. Three recent cases before the Tribunal confirm the general trend that – absent case-specific and well-evidenced arguments – the Commissioner and Tribunal re reluctant to order disclosure of such personal data, notwithstanding the context of public sector employees.”

Full story

Panopticon, 17th September 2012

Source: www.panopticonblog.com

Related link: Local authorities and NHS Trusts (2): unusual appeals ahead

So you want to be a police and crime commissioner… – BBC News

Posted September 17th, 2012 in elections, local government, news, police by sally

“In just a few weeks’ time, 41 individuals will become police and crime commissioners after pitching their vision for cleaning up the streets of England and Wales.”

Full story

BBC News, 14th September 2012

Source: www.bbc.co.uk

Survivorship and succession – Nearly-Legal

Posted September 11th, 2012 in housing, landlord & tenant, local government, news, repossession, succession by sally

” Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out some 9 years before. On the death of the mother, Ms Hickin sought to succeed to the tenancy under s.89 Housing Act 1985. Solihull served notice to quit on the basis that the father was now the sole tenant, by survivorship, but did not fulfil the residence requirement, so the tenancy was terminable by notice to quit and brought possession proceedings. In the Court of Appeal, Ms H argued, unsuccessfully, that s.89 overrode common law survivorship. The case then went to the Supreme Court, which was divided, finding against Ms H 3:2.”

Full story

Nearly-Legal, 11th September 2012

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

Local Government Law Update – 11 KBW

Local Government Law Update: 28 August (PDF)

11 KBW, 28th August 2012

Source: www.11kbw.com

Toddler’s death due to methadone overdose ‘could have been prevented’ – The Guardian

“A toddler died from a methadone overdose after professionals who had long-standing contact with the boy and his drug-using parents missed opportunities to take him into care, a report has revealed.”

Full story

The Guardian, 4th September 2012

Source: www.guardian.co.uk

Regina (T) v Merton London Borough Council – WLR Daily

Regina (T) v Merton London Borough Council: [2012] EWHC 2055 (Admin);   [2012] WLR (D)  256

“Paragraph 65 of the Special Guardianship Guidance required a local authority to consider the National Fostering Network’s minimum allowances paid in relation to foster carers and to use them as a starting point when determining the level of financial support payable to a person acting in the capacity of a special guardian pursuant to the provisions of section 14F of the Children Act 1989 and the Special Guardianship Regulations 2005 (SI 2005/1109).”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

JL and the Second Bite of the Cherry – NearlyLegal

“There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012] EWHC 2216 (Admin) [not yet on Bailii], heard by Justice Simler QC on 30/7/2012.”

Full story

NearlyLegal, 27th August 2012

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

Injunctions for accommodation, judicial review and prospects of success – NearlyLegal

Posted August 29th, 2012 in homelessness, housing, injunctions, judicial review, local government, news by sally

“This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim.”

Full story

NearlyLegal, 26th August 2012

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

Suitability. On expired beds and shared bathrooms – NearlyLegal

Posted August 24th, 2012 in homelessness, housing, judicial review, local government, news by sally

“Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold ‘Housing and Public Law’ blog about a settled Judicial Review that highlights this issue.”

Full story

NearlyLegal, 23rd August 2012

Source: www.nearlylegal.co.uk

Dale Farm prosecutions abandoned by council – The Guardian

Posted August 24th, 2012 in bailiffs, demonstrations, local government, news, prosecutions by sally

“A council will take no further action against protesters arrested during the clearance of Europe’s largest illegal travellers’ site. The protesters were among those arrested as they clashed with police and bailiffs as travellers were removed from Dale Farm, Essex, last October.”

Full story

The Guardian, 23rd August 2012

Source: www.guardian.co.uk

Localism Act 2011 – 11 KBW

Posted August 21st, 2012 in legislation, local government, news, Wales by sally

“Some of the provisions in the Localism Act 2011 (‘the Act’) apply in England only, some provisions also apply in Wales, and some apply in Wales only. Application to England and Wales is set out in Annex A to the Act.”

Full story (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

Local Government Law Update – 11 KBW

Posted August 21st, 2012 in judicial review, local government, news, police, public procurement by sally

Local Government Law Update: 17 August (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

Tia Sharp: council launches serious case review – The Guardian

Posted August 15th, 2012 in children, local government, murder, news, social services by sally

“A serious case review has been launched into the death of 12-year-old Tia Sharp, whose body was found.”

Full story

The Guardian, 14th August 2012

Source: www.guardian.co.uk