Category: local government

Bubb v Wandsworth London Borough Council – WLR Daily

Posted November 11th, 2011 in appeals, homelessness, housing, judicial review, law reports, local government by tracey

Bubb v Wandsworth London Borough Council: [2011] EWCA Civ 1285;  [2011] WLR (D)  323

“A county court judge hearing an appeal on a point of law under section 204 of the Housing Act 1996, against a review of whether a local housing authority owed a duty to a homeless person under the 1996 Act, had no jurisdiction to find the relevant primary facts for himself. The judge’s function was to consider whether the reviewing officer’s decision should be quashed on judicial review grounds.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Council cuts to elderly care fees ruled illegal – Daily Telegraph

Posted November 11th, 2011 in budgets, care homes, elderly, judicial review, local government, news by tracey

“Councils across England could be forced to spend hundreds of millions of pounds extra on care for the elderly after a landmark High Court case.”

Full story

Daily Telegraph, 10th November 2011

Source: www.telegraph.co.uk

Social Services have both statutory and common law duty to protect children from abuse – UK Human Rights Blog

Posted November 8th, 2011 in child abuse, duty of care, local government, news, social services by sally

“This case concerned the entitlement to compensation for the years of abuse the claimants, three brothers a sister, the youngest, who had suffered at the hands of their father. The older claimants had both suffered regular abuse from an early age until late teens. The third claimant escaped the prolonged abuse suffered by his brothers. The fourth claimant, who was conceived after the defendant social services became aware of the situation, nevertheless endured abuse for five or six years.”

Full story

UK Human Rights Blog, 8th November 2011

Source: www.ukhumanrightsblog.com

Basildon Council wins travellers court order – The Independent

Posted November 8th, 2011 in injunctions, local government, news, repossession, travellers by sally

“A local authority today said it had been granted a High Court order which would prevent an ‘infamous’ illegal traveller site being reoccupied.”

Full story

The Independent, 7th November 2011

Source: www.independent.co.uk

Mitu v Camden London Borough Council – WLR Daily

Posted November 3rd, 2011 in appeals, homelessness, housing, law reports, local government by sally

Mitu v Camden London Borough Council [2011] EWCA Civ 1249; [2011] WLR (D) 310

“Where a local authority, having decided that an applicant was intentionally homeless and not in priority need, decided on review of the application that the applicant’s homelessness was not intentional, it had a duty by section 192(2) of the Housing Act 1996 to provide or arrange for the provision of advice and assistance, and a discretion by section 192(3) of the 1996 Act to provide accommodation. Failure to consider the exercise of that discretionary power, if it affected the fairness of the decision, was a procedural deficiency requiring the local authority to give the applicant notice of its intended decision and allow him to make further representations either orally or in writing.”

WLR Daily, 1st November 2011

Source: www.iclr.co.uk

More cuts: Library closure challenge fails – UK Human Rights Blog

Posted October 21st, 2011 in appeals, budgets, children, injunctions, judicial review, libraries, local government, news by sally

“The duty to provide library services for children was one of the key arguments advanced by campaigners in Brent challenging the council’s decision to close 6 of its 12 libraries. Reliance was placed upon section 7 of the Public Libraries and Museums Act 1964. This requires local authorities to provide a comprehensive and efficient library service.”

Full story

UK Human Rights Blog, 20th October 2011

Source: www.ukhumanrightsblog.com

Judge scrutinises ill man’s removal from foster home – The Independent

Posted October 21st, 2011 in care homes, disabled persons, fostering, local government, news by sally

“A High Court judge has ordered a local authority to provide details about its decision to remove a man with severe medical difficulties from his former foster parents.”

Full story

The Independent, 21st October 2011

Source: www.independent.co.uk

Go-ahead for Brent library closure appeal – The Independent

Posted October 19th, 2011 in appeals, budgets, demonstrations, judicial review, libraries, local government, news by sally

“A judge has ordered an urgent hearing of an appeal against a landmark decision giving the go-ahead for the closure of six libraries.”

Full story

The Independent, 19th October 2011

Source: www.independent.co.uk

Three articles on the Localism Bill – 11 KBW

Posted October 19th, 2011 in bills, local government, news by sally

Localism Bill: Senior Pay and Referenda (PDF)

The Localism Bill and the General Power of Competence (PDF)

Localism Bill: Commercial Purpose, Governance and Conduct (PDF)

11 KBW, 12th October 2011

Source: www.11kbw.com

Travellers plan eviction bid appeal – The Independent

Posted October 13th, 2011 in appeals, local government, news, repossession, travellers by tracey

“Residents of Dale Farm, the UK’s largest illegal travellers’ site, have lost their High Court battle against eviction – but are now planning an appeal.”

Full story

The Independent, 12th October 2011

Source: www.independent.co.uk

Local authorities will not be breaking law by continuing academy PFI payments, QC says – OUT-LAW.com

Posted October 10th, 2011 in education, local government, news, private finance initiative by sally

“Continuing to make payments towards a school rebuilt through a project finance initiative (PFI) arrangement once that school has converted to academy status will not cause local authorities to break the law, an expert has told the Government.”

Full story

OUT-LAW.com, 7th October 2011

Source: www.out-law.com

The Dale Farm Evictions – Garden Court Chambers Blog

Posted October 6th, 2011 in human rights, local government, news, repossession, travellers by sally

“As we await the latest court judgment, Marina Sergides analyses the legal and social aspects of the Dale Farm case.”

Full story

Garden Court Chambers Blog, 6th October 2011

Source: www.gclaw.wordpress.com

Bailiffs given permission to start clearing Dale Farm travellers’ site – Daily Telegraph

Posted October 4th, 2011 in costs, local government, news, repossession, travellers by tracey

“Bailiffs have finally been given permission to start clearing the Dale Farm travellers’ site more than a fortnight after the eviction was supposed to start.”

Full story

Daily Telegraph, 3rd October 2011

Source: www.telegraph.co.uk

Egan v Basildon Borough Council – WLR Daily

Posted September 28th, 2011 in enforcement notices, law reports, local government, news, planning, travellers by sally

Egan v Basildon Borough Council [2011] EWHC 2416 (QB); [2011] WLR (D) 280

“The date of construction of unlawfully erected buildings or structures could be critical when enforcement action was proposed pursuant to a notice to rectify breaches of planning control.”

WLR Daily, 26th September 2011

Source: www.iclr.co.uk

Dale Farm residents win further reprieve – The Guardian

Posted September 27th, 2011 in enforcement notices, injunctions, local government, news, repossession, travellers by sally

“Judge extends injunction to stop evictions at illegal Travellers’ site, saying council enforcement notices lacked clarity.”

Full story

The Guardian, 26th September 2011

Source: www.guardian.co.uk

Fresh ruling due on Dale Farm traveller eviction – The Independent

Posted September 26th, 2011 in enforcement notices, housing, injunctions, local government, news, planning, travellers by sally

“Travellers fighting to stay on the UK’s biggest illegal site should today discover whether they have won the latest round of a legal battle.”

Full story

The Independent, 26th September 2011

Source: www.independent.co.uk

Reprieved Travellers are warned they face a bill for costs of delay – The Independent

Posted September 21st, 2011 in bailiffs, costs, enforcement notices, injunctions, local government, news, travellers by michael

“Families who celebrated a last-gasp reprieve which prevented their eviction from a Travellers’ site at Dale Farm in Essex on Monday have been warned they will be hit with a bill for the costs of the delay, should the temporary injunction be cancelled at a second hearing on Friday.”

Full story

The Independent, 21st September 2011

Source: www.independent.co.uk

 

Sheffield Council settles pay claim for 900 workers – BBC News

Posted September 20th, 2011 in equal pay, local government, news by tracey

“An equal pay claim by hundreds of women working at Sheffield City Council has been settled before it reached a Supreme Court hearing next month.”

Full story

BBC News, 19th September 2011

Source: www.bbc.co.uk

Travellers win last-gasp delay – The Independent

Posted September 20th, 2011 in injunctions, local government, news, repossession, travellers by tracey

“Residents of the UK’s biggest illegal travellers’ site tonight won a last-minute injunction temporarily halting moves to evict them from their homes.”

Full story

The Independent, 19th September 2011

Source: www.independent.co.uk

Dale Farm travellers lose court bid to halt eviction – BBC News

Posted September 16th, 2011 in enforcement notices, injunctions, local government, news, planning, travellers by tracey

“A last-ditch bid to halt the clearance of the UK’s largest illegal travellers’ site, at Dale Farm in Essex, has been rejected by an appeal judge.”

Full story

BBC News, 16th September 2011

Source: www.bbc.co.uk