A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon – Oxford Human Rights Hub

‘In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the Court arguably made the right to be provided with housing (in the form of suitable accommodation) a justiciable right for certain categories of homeless persons.’

Full Story

Oxford Human Rights Hub, 23rd January 2024

Source: ohrh.law.ox.ac.uk

Law reform charity brings tribunal challenge over police forces withholding Prevent data – Local Government Lawyer

‘The First Tier Tribunal has heard a Freedom of Information (FOI) appeal over the refusal from police forces to release anonymised data relating to the controversial anti-terrorism programme Prevent.’

Full Story

Local Government Lawyer, 23rd January 2024

Source: www.localgovernmentlawyer.co.uk

Accommodating asylum seekers: some recent planning law cases – Local Government Lawyer

Posted January 23rd, 2024 in asylum, housing, local government, news, planning by tracey

‘The scale of the current crisis as to where and how to provide accommodation for asylum seekers can be viewed through a succession of High Court planning law cases over the last year or so. Simon Ricketts gathers the cases in one place.’

Full Story

Local Government Lawyer, 19th January 2024

Source: www.localgovernmentlawyer.co.uk

Ruling confirms conditions for planning permission severability – OUT-LAW.com

Posted January 22nd, 2024 in local government, news, planning by tracey

‘A new ruling has confirmed that developers have limited scope to obtain retrospective changes to planning permission they have been granted to specify explicitly that the permission is “severable”, according to a planning law expert.’

Full Story

OUT-LAW.com, 18th January 2024

Source: www.pinsentmasons.com

Judge dismisses challenge to planning permission for school redevelopment amid noise concerns – Local Government Lawyer

Posted January 19th, 2024 in judicial review, local government, news, noise, planning, school children by sally

‘Residents who claimed councillors at the Royal Borough of Kensington and Chelsea were given “significantly misleading” advice from a planning officer before approving planning permission for the redevelopment of a site for a school have failed in a judicial review bid of the decision.’

Full Story

Local Government Lawyer, 18th January 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court refuses permission to appeal rejection of vicarious liability claim against school over abuse by work placement individual – Local Government Lawyer

‘The Supreme Court has refused a claimant permission to appeal over the Court of Appeal’s dismissal of her claim that a school was vicariously liable for sexual abuse by an individual who had undertaken a work experience placement.’

Full Story

Local Government Lawyer, 18th January 2024

Source: www.localgovernmentlawyer.co.uk

London council estate resident wins battle over misuse of planning law – The Guardian

Posted January 18th, 2024 in housing, judicial review, local government, news, planning by sally

‘A woman who fought the gentrification of the south London council estate that has been her home for 30 years has won a high court battle against the local authority for its misuse of planning law.’

Full Story

The Guardian, 17th January 2024

Source: www.theguardian.com

Two-year-old boy died of starvation curled up next to dead father – The Guardian

Posted January 18th, 2024 in children, local government, news, social services by sally

‘A two-year-old boy was left alone to die of starvation curled up next to the body of his father, who had suffered a fatal heart attack, his family has revealed.’

Full Story

The Guardian, 17th January 2024

Source: www.theguardian.com

Housing Ombudsman criticises council over four cases of severe maladministration, covering “wide range of responsibilities” – Local Government Lawyer

‘The Housing Ombudsman has criticised Croydon Council after finding severe maladministration in four cases that covered several aspects of the landlord’s responsibilities, including anti-social behaviour, adaptations and mutual exchange.’

Full Story

Local Government Lawyer, 16th January 2024

Source: www.localgovernmentlawyer.co.uk

Planning Inspectorate to stop accepting comments on appeals via email in bid to “streamline” process – Local Government Lawyer

Posted January 17th, 2024 in appeals, electronic mail, enforcement, local government, news, planning by sally

‘The Planning Inspectorate has said it will stop accepting comments on planning and enforcement appeals via email in order to streamline the process both for the inspectorate and local planning authorities.’

Full Story

Local Government Lawyer, 17th January 2024

Source: www.localgovernmentlawyer.co.uk

Government facing legal challenge over withdrawal of active travel statutory guidance – Local Government Lawyer

‘A judicial review challenge of the Department for Transport’s decision to withdraw active travel guidance supporting travel by foot and bicycle has been launched.’

Full Story

Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

Housing and Children Act – homeless 17 year olds – Nearly Legal

Posted January 15th, 2024 in children, duty of care, families, homelessness, housing, local government, news by tracey

‘A couple of brief notes on two judicial reviews on housing, the Children Act 1989 and “looked-after children”.’

Full Story

Nearly Legal, 14th January 2024

Source: nearlylegal.co.uk

Resisting enforcement of an adjudicator’s decision – Local Government Lawyer

‘Mark Roach, Sarah Davies and Dawn Gowland review a recent High Court case where a contractor sought to enforce an adjudicator’s decision against a Welsh council.’

Full Story

Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

Court of Protection case update: January 2024 – Local Government Lawyer

Posted January 15th, 2024 in Court of Protection, local government, news by tracey

‘Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.’

Full Story

Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

Chief Coroner’s Report: The coroner service 10 years post-reform – Courts and Tribunals Judiciary

Posted January 15th, 2024 in budgets, coroners, HM Courts Service, inquests, judges, local government, news by tracey

‘The Chief Coroner has published a report reflecting on the impact of the reforms to the coroner service that came into effect 10 years ago, the current state of the service and its challenges for the future.’

Full report

Full Story

Courts and Tribunals Judiciary, 11th January 2024

Source: www.judiciary.uk

Chief coroner calls for new bout of modernisation – Law Society’s Gazette

Posted January 15th, 2024 in budgets, coroners, HM Courts Service, inquests, judges, local government, news by tracey

‘The chief coroner has called for another overhaul of a service that has become a postcode lottery following deep cuts to local authority funding.’

Full Story

Law Society's Gazette, 11th January 2024

Source: www.lawgazette.co.uk

Kent charity fined over escape of ‘ladies’ man’ emu – BBC News

Posted January 15th, 2024 in animals, charities, community protection notices, fines, local government, news by tracey

‘An animal charity has been given a £100 fine after a “ladies’ man” emu escaped.’

Full Story

BBC News, 13th January 2024

Source: www.bbc.co.uk

Derby City Council to pay compensation over SEND student delays – BBC News

‘Derby City Council has been ordered to pay thousands in compensation after it took too long to arrange alternative education for a special needs student.’

Full Story

BBC News, 14th January 2024

Source: www.bbc.co.uk

Police ‘left children at mercy of grooming gang paedophiles’ in Rochdale – The Independent

‘Girls were “left at the mercy” of paedophile grooming gangs for years in Rochdale because of failings by senior police and council bosses, a report has said.
The damning 173-page review covers 2004 to 2013 and sets out multiple failed investigations by Greater Manchester Police (GMP) and apparent local authority indifference to the plight of hundreds of youngsters, mainly white girls from poor backgrounds, all identified as potential victims of abuse in Rochdale by Asian men.’

Full Story

The Independent, 15th January 2024

Source: www.independent.co.uk

An end to ‘a reasonable period’? Awaab’s Law – Nearly Legal

‘As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all “prescribed requirements” on responding to relevant defects to be specified in regulations – the framework for “Awaab’s Law”. A breach of section 10A would be actionable by the tenant in the County Court – quite possibly together with section 9A/10 and section 11.’

Full Story

Nearly Legal, 9th January 2024

Source: nearlylegal.co.uk