Update on the Article 2 investigative duty in inquests: R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin) – Landmark Chambers

‘In R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin), the High Court considered the question of whether an Article 2 investigative duty arises in an inquest in circumstances where the individual concerned was living in their own home; had capacity, and exposed themselves to danger.’

Full Story

Landmark Chambers, 16th April 2024

Source: www.landmarkchambers.co.uk

Navigating housing rights, education and religious freedom: Ghaoui – Law & Religion UK

‘In Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405, Mr Ghaoui, his wife and two young children lived in the London Borough of Waltham Forest. They were rendered homeless in April 2019 and Mr Ghaoui applied to the local authority for assistance with accommodation. In September 2019, he sent his older child to a fee-paying Muslim nursery in Waltham Forest [2]. The family was evicted in March 2020 and Waltham Forest LBC provided temporary accommodation in the Harlow area, some 20 miles from their previous address, which made it harder for the parents to get to work in London and for the child to go to the nursery [3]. In early September 2022, the younger child entered the same nursery [5]. Mr Ghaoui argued that in offering them accommodation 20 miles from the school, Waltham Forest was “not considering their rights”, while Waltham Forest explained at some length that it was not under any legal duty to provide accommodation that allowed the children to attend a specific religious school: in short, it was not a housing “need” [6]. The point at issue was whether or not the local authority was, in fact, under any such obligation.’

Full Story

Law & Religion UK, 1st May 2024

Source: lawandreligionuk.com

‘Failure to remove’ claims and Article 3: SZR v Blackburn with Darwen Borough Council [2024] EWHC 598 (QB) – Doughty Street Chambers

‘For claims concerning alleged failures by social services departments to remove children from situations of neglect and abuse, the sands continue to shift. Decisions of the Supreme Court in CN v Poole [2019] UKSC 25 and HXA and YXA [2023] UKSC 52 appear to have narrowed the scope of claims in negligence. Attention has increasingly turned to the scope of similar claims that may be brought pursuant to Article 3 of schedule 1 to the Human Rights At 1998, in particular, relying on the ‘operational duty’ to take reasonable preventative measures to protect a member of the public from a real and immediate risk of harm of which the authorities are or ought to be aware.’

Full Story

Doughty Street Chambers, 22nd March 2024

Source: insights.doughtystreet.co.uk

Not at home alone, but intending to return – Nearly Legal

Posted April 29th, 2024 in housing, landlord & tenant, local government, London, news, right to buy by sally

‘Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch). An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or principal home.’

Full Story

Nearly Legal, 28th April 2024

Source: nearlylegal.co.uk

Two for one: one case but two decisions on occupation under the Landlord and Tenant Act 1954 (Royal Borough of Kensington & Chelsea v Mellcraft Ltd [2024] EWHC 539 (Ch); [2024] PLSCS 49) – Gatehouse Chambers

Posted April 26th, 2024 in appeals, chambers articles, landlord & tenant, leases, local government, news by sally

‘Royal Borough of Kensington & Chelsea (“the Council”) is the freeholder of a building on the Portobello Road, London W11. In 2012, Mellcraft Ltd (“Mellcraft”) took a five year lease of the first and second floors of the property (“the flat”). Shortly afterwards, a lease of the ground floor shop was granted to another company controlled by the same director. The director (“M”) lived in the flat and conducted Mellcraft’s business from it. Mellcraft had no other business premises.’

Full Story

Gatehouse Chambers, 16th April 2024

Source: gatehouselaw.co.uk

City college loses JR over Ofsted ‘good’ rather than ‘outstanding’ rating – Local Government Lawyer

‘The High Court has rejected a judicial review claim brought by a City Technology College, which challenged a decision by Ofsted to rate the leadership and management at the school as ‘good’, rather than ‘outstanding’.’

Full Story

Local Government Lawyer, 25th April 2024

Source: www.localgovernmentlawyer.co.uk

‘’O, reason not the need!” – Why King Lear was wrong or: The Importance of Reasons in Disciplinary Proceedings – Francis Taylor Building

‘The general importance of the duty to give reasons at common law is well known to disciplinary practitioners. The recent debate generated by the comments made by the Commissioner of the Metropolitan Police, Sir Mark Rowley, in the context of police misconduct further highlights the importance of all disciplinary panels arriving at decisions which are robust and sustainable against legal challenge.’

Full Story

Francis Taylor Building, 12th March 2024

Source: www.ftbchambers.co.uk

High Court grants interim relief to vulnerable refugee faced with imminent homelessness by local authority – Garden Court Chambers

Posted April 25th, 2024 in asylum, chambers articles, homelessness, local government, news, refugees by sally

‘Recent findings from London Councils reveal a concerning 39% increase in homelessness presentations among refugees and asylum seekers evicted from Home Office accommodation last year, with numbers continuing to rise.’

Full Story

Garden Court Chambers, 12th April 2024

Source: www.gardencourtchambers.co.uk

High Court finds Local Authority’s housing policy to be discriminatory against women and girls escaping violence in successful judicial review challenge – Garden Court Chambers

‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’

Full Story

Garden Court Chambers, 10th April 2024

Source: www.gardencourtchambers.co.uk

Hibaldstow man wins battle over ‘Game of Thrones’ dragon statue – BBC News

Posted April 24th, 2024 in local government, news, planning by sally

‘Planes, a dragon and a phone box have prompted complaints about one man’s distinctive front garden. Critics said it looked like a theme park or a ram-raid in a gift shop, but officials have agreed to retrospective planning permission.’

Full Story

BBC News, 24th April 2024

Source: www.bbc.co.uk

Residence, care, sex and marriage: an (unusual) successful appeal on capacity – Mental Capacity Law and Policy

Posted April 23rd, 2024 in Court of Protection, learning difficulties, local government, news by sally

‘Re ZZ (Capacity) [2024] EWCOP 21 is an example of a relatively species of case, namely a successful appeal in relation to capacity. At first instance, HHJ Burrows had found that ZZ had capacity make decisions about residence, sexual relations and marriage. The local authority appealed his conclusions, the appeal being opposed by ZZ through his litigation friend the Official Solicitor.’

Full Story

Mental Capacity Law and Policy, 22nd April 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Does the Court have the power to grant newcomer injunctions? – Becket Chambers

‘Wolverhampton City Council and others v London Gypsies and Travellers and other [2023] UKSC 47 is an appeal concerning a number of conjoined cases in which injunctions had been sought by Local Authorities to prevent unauthorised encampments by Gypsies and Travellers. Such injunctions had generally been sought against ‘persons unknown’ as the members of a group of Gypsies or Travellers who might in future camp in a certain location were not known in advance. In some cases, the Defendants to the injunction sought had been described by reference to the conduct the injunction had sought to prohibit, for example ‘persons unknown forming unauthorised encampments within the Borough of Nuneaton and Bedworth’.’

Full Story

Becket Chambers, 2nd April 2024

Source: becket-chambers.co.uk

Case Preview: Davies v Bridgend County Borough Council – UKSC Blog

Posted April 19th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by sally

‘In this post, Sarah Coates-Madden, Senior Associate at CMS, and Fiona Dalling, Associate at CMS, preview the decision awaited from the Supreme Court in Davies v Bridgend County Borough Council.’

Full Story

UKSC Blog, 17th April 2024

Source: ukscblog.com

Council wins Court of Protection appeal over ruling on capacity of 20-year-old man – Local Government Lawyer

Posted April 18th, 2024 in Court of Protection, learning difficulties, local government, news by sally

‘The Court of Protection has allowed an unnamed local authority’s appeal against a court decision that a 20-year-old man, ZZ, has capacity to make decisions about residence, engage in sexual relations and marriage.’

Full Story

Local Government Lawyer, 18th April 2024

Source: www.localgovernmentlawyer.co.uk

Lee Marsons: Developing an Ombuds Human Rights Practice – Essex Constitutional and Administrative Justice Initiative

Posted April 17th, 2024 in complaints, human rights, local government, maladministration, news, ombudsmen by sally

‘The core function of public services ombuds is to investigate complaints from individuals about “maladministration” by public bodies which has caused injustice. But ombuds have developed several other important functions designed to improve people’s experiences of public services. For example, as seen in the Council of Europe’s 2019 Venice Principles, ombuds are developing a role ensuring that public bodies do not neglect human rights.’

Full Story

Essex Constitutional and Administrative Justice Initiative, 15th April 2024

Source: essexcaji.org

Supreme Court hears appeals over reporting restriction orders in withdrawal of treatment cases – Local Government Lawyer

‘The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders (RROs) protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made.’

Full Story

Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Judges allow appeal over flawed reasoning in fact-finding judgment – Local Government Lawyer

‘The Court of Appeal have allowed a challenge by the parents of a young girl to a finding made in care proceedings that, when she was a small baby, she suffered an abusive head injury inflicted by one or other of the parents.’

Full Story

Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Council managing its premises is not providing a service for Equality Act 2010 purposes – Nearly Legal

‘FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin). This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs.’

Full Story

Nearly Legal, 14th April 2024

Source: nearlylegal.co.uk

Council chief executive sent unlawful email to union members, tribunal concludes – Local Government Lawyer

‘An email sent by Wiltshire Council’s chief executive to union members ahead of a vote on industrial action was unlawful as it sought to deter members from voting in favour of a strike, an Employment Tribunal has found.’

Full Story

Local Government Lawyer, 10th April 2024

Source: www.localgovernmentlawyer.co.uk

Schools in England and Wales using ‘gender toolkit’ risk being sued by parents – The Guardian

‘Leading barrister warns that the kit – used to support gender-questioning children – is likely to be in breach of equality laws and could violate pupils’ rights.’

Full Story

The Guardian, 13th April 2024

Source: www.theguardian.com