Landlord wins Upper Tribunal over level of penalties for housing penalties – Local Government Lawyer

‘A Bradford landlord has had penalties reduced in a case which the Upper Tribunal (Lands Chamber) said raised “some interesting questions about mitigation, totality, and the principle that civil penalties for housing offences should be set at a level that ensures the landlord does not profit from his crime”.’

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Local Government Lawyer, 9th November 2023

Source: www.localgovernmentlawyer.co.uk

Captain Tom’s family lose appeal against demolition of spa complex – The Guardian

Posted November 8th, 2023 in appeals, charities, conflict of interest, local government, news, planning by sally

‘The family of Captain Sir Tom Moore have lost a planning application appeal for a spa complex in their garden and have been given three months to demolish the structure.’

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The Guardian, 7th November 2023

Source: www.theguardian.com

New Act – legislation.gov.uk

Posted November 6th, 2023 in legislation, local government by tracey

2023 c. 55 – Levelling-up and Regeneration Act 2023

Source: www.legislation.gov.uk

The Court of Appeal on property guardians and HMOs – Local Government Lawyer

‘The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation). Ranjit Bhose KC and Tara O’Leary analyse the ruling.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Interpreting planning permissions – Local Government Lawyer

Posted November 6th, 2023 in interpretation, judicial review, local government, news, planning by tracey

‘A recent High Court ruling exhorts officers to make a deeper dive into the detail of planning permissions, writes Roderick Morton.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Coventry council used Airbnbs to house ‘‘vulnerable’’ teenage boy accused of rape – The Guardian

Posted November 3rd, 2023 in housing, local government, mental health, news, rape, sexual offences, young offenders by tracey

‘Judge accuses local authority of a ‘lackadaisical’ attitude to the 16-year-old’s care after regulated providers refused to give him a place.’

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The Guardian, 2nd November 2023

Source: www.theguardian.com

Ombudsman finds severe maladministration for Clarion in “tragic” noise case following death of resident who took his own life – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration for Clarion after its “lack of consideration” of a resident’s vulnerability when handling his complaints about noise led to him suffering over a nine-month period.’

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Local Government Lawyer, 2nd November 2023

Source: www.localgovernmentlawyer.co.uk

Council wins Court of Appeal battle over succession to property after mother entered care home – Local Government Lawyer

Posted November 2nd, 2023 in appeals, care homes, families, housing, human rights, local government, news by sally

‘Dudley Metropolitan Borough Council has defeated an appeal by a resident who claimed she should have been able to succeed to her mother’s council house as – had her mother not had to enter a care home – she would have been resident there with her at the time of her death.’

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Local Government Lawyer, 2nd November 2023

Source: www.localgovernmentlawyer.co.uk

Property Guardians and HMOs – occupation and use – Nearly Legal

‘Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243. This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements, and the consequences of that.’

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Nearly Legal, 29th October 2023

Source: nearlylegal.co.uk

Just under half of children returned to live with their families as result of entering Family Drug and Alcohol Court, annual report reveals – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has published his second annual report on the Family Drug and Alcohol Courts (FDACs), of which he states he has “long been a supporter”.’

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Local Government Lawyer, 26th October 2023

Source: www.localgovernmentlawyer.co.uk

High Court judge backs council decision on vaccination of child, rejects objections of mother – Local Government Lawyer

‘The High Court has ruled that a mother cannot prevent the local authority caring for her child having him vaccinated.’

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Local Government Lawyer, 26th October 2023

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees landlord sentenced to eight weeks in prison after threat to tenant – Local Government Lawyer

Posted October 25th, 2023 in housing, landlord & tenant, local government, news, notification, repossession by sally

‘Bristol City Council has successfully prosecuted a landlord who confronted a tenant and handed her an illegal eviction notice.’

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Local Government Lawyer, 25th October 2023

Source: www.localgovernmentlawyer.co.uk

Private sector accommodation in discharge of duty – meeting the tests at the right time – Nearly Legal

‘Ayinla v London Borough of Newham. Central London County Court. 29 September 2023. The key issue was whether LB Newham had met the requirements of satisfying itself that a private sector tenancy offered in discharge of duty was suitable, with regard to the judgment in Hajjaj v City of Westminster (2021) EWCA Civ 1688 (our note) and the conditions in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012.’

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Nearly Legal, 22nd October 2023

Source: nearlylegal.co.uk

Procurements and losses suffered by group companies – Local Government Lawyer

‘A High Court judge earlier this month lifted an automatic suspension that was preventing the Home Office from entering into contracts worth more than £750m for visa and citizenship application services. Ed Williams and Nico Tilche look at the lessons to be learned.’

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

The Key Reforms of the Social Housing (Regulation) Act 2023 – Transparency, Influence and Accountability Standard – Local Government Lawyer

Posted October 23rd, 2023 in housing, landlord & tenant, local government, news by tracey

‘In this digest, Louise Leaver and Sarah Greenhalgh look at the impact of the Transparency, Influence and Accountability Standard.’

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Local Government Lawyer, 23rd October 2023

Source: www.localgovernmentlawyer.co.uk

Government consults on safe and legal routes for refugees – Home Office

‘Local authorities will be consulted on plans to determine an annual cap on the number of refugees resettled in the UK each year, based on the UK’s capacity to accommodate and support people coming to the UK via safe and legal routes, as the government continues work to deliver its plan to stop the boats.’

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Home Office, 20th October 2023

Source: www.gov.uk

Court of Protection case law update – Local Government Lawyer

Posted October 20th, 2023 in autism, Court of Protection, hospitals, local government, medical treatment, news by tracey

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

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

Is refusal of food indicative of lack of capacity? – Local Government Lawyer

‘Ella Pudney discusses a recent Court of Protection case on the determination of capacity for the refusal of food in prison.’

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

London borough successfully prosecutes building owner over delays in removing dangerous cladding – Local Government Lawyer

‘Newham is understood to have become the first local authority in Britain to successfully prosecute a building owner for failing to remove flammable cladding.’

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Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

When Icarus didn’t fly (again) – a tale of disclosure disaster – Drystone Chambers

Posted October 19th, 2023 in chambers articles, conspiracy, disclosure, fraud, local government, news by sally

‘One local authority learned last week of the dangers inherent in disclosure failures. Five members of Drystone Chambers successfully defended, four as leading juniors.’

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Drystone Chambers, 12th September 2023

Source: www.drystone.com