Category: local government

Government consults on legal requirements for social landlords to address hazards including damp and mould quickly – and in some cases within 24 hours – Local Government Lawyer

Posted January 10th, 2024 in compensation, consultations, government departments, health & safety, housing, landlord & tenant, local government, news, repairs, time limits by sally

‘The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has launched a consultation on the introduction of strict time limits for social housing providers requiring them to take swift action in addressing dangerous hazards such as damp and mould.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Social worker wins discrimination case over gender critical beliefs – The Guardian

Posted January 10th, 2024 in compensation, employment, equality, freedom of expression, gender, local government, news, social services by sally

‘A social worker who was suspended after sharing gender critical beliefs online has won her claim against her employer for discrimination.’

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The Guardian, 9th January 2024

Source: www.theguardian.com

Major social landlord to pay nearly £11,000 to residents after failings in damp and leak repairs – Local Government Lawyer

Posted January 10th, 2024 in compensation, health & safety, housing, landlord & tenant, local government, maladministration, news, ombudsmen, repairs by sally

‘The Housing Ombudsman has ordered Clarion Housing Association to pay £10,800 in compensation to tenant households after it made four findings of severe maladministration across three cases.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Council told to deduct £11k from outstanding care home fees after delays in carrying out financial assessment – Local Government Lawyer

Posted January 9th, 2024 in care homes, elderly, fees, local government, news, ombudsmen by tracey

‘The Local Government and Social Care Ombudsman has found fault in the way that Essex County Council carried out a financial assessment and a deferred payment process for an elderly man with dementia.’

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Local Government Lawyer, 8th January 2024

Source: www.localgovernmentlawyer.co.uk

Interim removal of children – Local Government Lawyer

Posted January 8th, 2024 in appeals, care orders, children, drug abuse, families, local government, news by tracey

‘A recent Court of Appeal authority is a useful case for family practitioners to have in their toolkit, particularly those representing parents facing applications for interim removal of their children, writes Malvika Jaganmohan.’

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Local Government Lawyer, 5th January 2024

Source: www.localgovernmentlawyer.co.uk

Some recent cases on witness statements – Local Government Lawyer

Posted January 8th, 2024 in judicial review, local government, news, witnesses by tracey

‘There have been three recent cases that each provide some developments on the law relating to witness evidence that will be useful for practitioners in judicial review proceedings, writes Charles Bishop.’

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Local Government Lawyer, 5th January 2024

Source: www.localgovernmentlawyer.co.uk

Applications for deprivation of liberty under MCA up by less than 1% compared to same quarter in 2022, but orders nearly double – Local Government Lawyer

Posted January 5th, 2024 in children, detention, families, family courts, local government, Ministry of Justice, news, statistics by sally

‘There were 1,655 applications relating to deprivation of liberty under the Mental Capacity Act made in the most recent quarter (July to September 2023), an increase of less than 1% on the number made in the same quarter in 2022, government data has revealed.’

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Local Government Lawyer, 4th January 2024

Source: www.localgovernmentlawyer.co.uk

Case Comment: London Borough of Merton Council v Nuffield Health [2023] UKSC 18 – UKSC Blog

Posted January 4th, 2024 in charities, fiduciary duty, health, local government, news, rates, Supreme Court by sally

‘In this post, Lisa Fox, a senior associate in the litigation team at CMS, comments on the decision by the Supreme Court in London Borough of Merton Council v Nuffield Health [2023] UKSC 18. The issue before the Supreme Court was whether Nuffield Health is entitled to mandatory relief from non-domestic rates in respect of its occupation of its members-only gym under the Local Government Finance Act 1988.’

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UKSC Blog, 3rd January 2024

Source: ukscblog.com

Judicial review launched over planning inspector decision to allow oil drilling operation in Lincolnshire – Local Government Lawyer

Posted January 4th, 2024 in judicial review, local government, news, oil wells, planning by sally

‘A planning inspector’s decision to overturn Lincolnshire County Council’s refusal of permission for further oil drilling in a village has been subject to a judicial review application.’

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Local Government Lawyer, 3rd January 2024

Source: www.localgovernmentlawyer.co.uk

Failed succession, residential care and human rights incompatibility – Nearly Legal

Posted January 2nd, 2024 in assignment, housing, human rights, landlord & tenant, local government, news, succession by tracey

‘Dudley Metropolitan Council v Mailley (2023) EWCA Civ 1246. We first saw this very sad case on first instance in the High Court. Ms Mailley was defending possession of a Dudley property of which her late mother had been the secure tenant since 1965. Ms Mailley had lived at the property since she was 11 years old and was now 68.’

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Nearly Legal, 30th December 2023

Source: nearlylegal.co.uk

High Court allows judicial review against council over failure to support child trafficking victim – Local Government Lawyer

Posted December 21st, 2023 in asylum, children, duty of care, immigration, judicial review, local government, news, trafficking in human beings by sally

‘The High Court has ruled that the London Borough of Barnet failed to meet its duties towards a victim of child trafficking after he received no specialist support from either the council or the Home Office for several years.’

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Local Government Lawyer, 21st December 2023

Source: www.localgovernmentlawyer.co.uk

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 20th, 2023 in appeals, human rights, injunctions, local government, news, Supreme Court, travellers by sally

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world”.’

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UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

Churchill unties the ‘knotty’ problem posed by Halsey – Littleton Chambers

Posted December 20th, 2023 in appeals, chambers articles, dispute resolution, housing, local government, news, stay of proceedings by sally

‘On 29 November 2023 the Court of Appeal gave judgment in the case of Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 which seeks to resolve the difficult issues raised by the earlier Court of Appeal decision in Halsey -v- Milton Keynes General NHS Trust [2004] EWCS Civ 576 [2004] 1 WLR 3002 and specifically the controversial and much criticised comments of Dyson LJ in paragraphs 9 and 10 of his judgment in Halsey to the effect that:

“to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court”…’

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Littleton Chambers, 29th November 2023

Source: littletonchambers.com

Needs Improvement: Tribunal Quashes Deficient Improvement Notice – Tanfield Chambers

Posted December 20th, 2023 in appeals, chambers articles, housing, landlord & tenant, local government, news, repairs by sally

‘Chapters 1 and 2 of the 2004 Act establish a system for the assessment and enforcement of housing standards, by which local authorities are required or empowered to take action (including serving hazard awareness, improvement, or prohibition notices) where they identify category 1 and category 2 hazards in residential premises.’

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Tanfield Chambers, 29th November 2023

Source: www.tanfieldchambers.co.uk

Deficient enquiries and accommodation pending review – Nearly Legal

Posted December 19th, 2023 in homelessness, housing, judicial review, local government, news by tracey

‘Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea (2023) EWHC 2913 (Admin). A judicial review of RBKC’s refusal to provide temporary accommodation pending section 202 review of the decision that Mr S was not homeless.’

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Nearly Legal, 17th December 2023

Source: nearlylegal.co.uk

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 19th, 2023 in injunctions, local government, news, travellers by tracey

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world” [143(i)]. Local authorities sought to use such injunctions, due to the inefficacy of obtaining an injunction against named Gypsies or Travellers who, by the time proceedings have commenced, have left, and been replaced by another group, against whom the injunction has no effect.’

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UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

Civil Justice Council working group consult on procedure for determining mental capacity in civil proceedings – Local Government Lawyer

Posted December 18th, 2023 in civil justice, consultations, disabled persons, local government, mental health, news by sally

‘A Civil Justice Council (CJC) working group has launched a consultation on the procedure for determining mental capacity in civil proceedings.’

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Local Government Lawyer, 18th December 2023

Source: www.localgovernmentlawyer.co.uk

Equality Act to get EU upgrade – Local Government Lawyer

Posted December 15th, 2023 in disability discrimination, disabled persons, EC law, employment, equality, local government, news, remuneration by tracey

‘The Retained EU Law (Revocation and Reform) Act 2023 triggered concerns about the future of domestic employment law, which originated in the EU. New draft regulations, The Equality Act 2010 (Amendment) Regulations 2023 which are planned to come into force on 1 January 2024 provide welcomed clarity on the issue in respect of the Equality Act 2010, writes David Leach.’

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Local Government Lawyer, 15th December 2023

Source: www.localgovernmentlawyer.co.uk

Newport council fined £2m after tractor killed worker – BBC News

Posted December 15th, 2023 in bereavement, employment, fines, health & safety, local government, news by tracey

‘A council has been fined £2m after one of its employees was hit by a passing tractor and killed.’

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BBC News, 15th December 2023

Source: www.bbc.co.uk

Housing Ombudsman launches special investigations into three London landlords after rising maladministration rates – Local Government Lawyer

Posted December 13th, 2023 in health & safety, housing, landlord & tenant, local government, London, maladministration, news, ombudsmen, repairs by sally

‘The Housing Ombudsman has launched special investigations into Camden Council, Hackney Council and Hyde Group after casework showed all three landlords struggle with damp and mould, repairs and complaint handling.’

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Local Government Lawyer, 12th December 2023

Source: www.localgovernmentlawyer.co.uk