Suspended quashing orders and rolling judicial review as a means of monitoring compliance – Doughty Street Chambers

Posted October 19th, 2023 in asylum, chambers articles, children, housing, judicial review, local government, news by sally

‘The recent judgment of Chamberlain J in R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 2199 (Admin) (‘the ECPAT UK relief judgment’) provides a helpful example of the use of the new power under section 29A(1)(a) Senior Courts Act 1981 to suspend quashing orders, and the circumstances under which “rolling” judicial review may be appropriate to monitor compliance with a court order.’

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Doughty Street Chambers, 4th September 2023

Source: insights.doughtystreet.co.uk

Campaigners fail in High Court challenge to fracking permission – Local Government Lawyer

“The High Court has rejected all six grounds argued by a local campaign group in a dispute over fracking in West Sussex.”

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Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

‘Two Ps’ – navigating two sets of best interests – Mental Capacity Law and Policy

Posted October 18th, 2023 in Court of Protection, local government, married persons, news by sally

‘In HH v Hywel Dda University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed analysis of how the Court of Protection should proceed in a “two P” situation: i.e a situation where two individuals both appear to lack the capacity to make the relevant decisions, and where those decisions are interconnected. In HH’s case, the individuals concerned were husband, AH, and wife, HH. For reasons that are very relevant to the husband and wife, but not relevant for the wider point, both were the subject of separate s.21A MCA 2005 proceedings. The question was whether they could (or should) be either consolidated or heard together by the same judge, a question which regularly arises, but which has not been the subject of a reported case.’

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Mental Capacity Law and Policy, 17th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Homelessness and evidence – Nearly Legal

‘Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin). A judicial review of what was alleged to be Westminster’s failure to meet its s.188(1) duty to secure suitable accommodation and breach of Public Sector Equality Duty.’

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Nearly Legal, 15th October 2023

Source: nearlylegal.co.uk

Family President issues revised practice guidance on approach of court to unregistered placements – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has published updated guidance on the Court’s approach to unregistered placements for children and young people.’

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Local Government Lawyer, 12th October 2023

Source: www.localgovernmentlawyer.co.uk

Implementation of Jade’s law – Local Government Lawyer

‘Amrita Hurst, Hannah Taylor and Jake Barras look at the questions raised by Justice Secretary Alex Chalk’s plan to implement “Jade’s law”.’

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Local Government Lawyer, 13th October 2023

Source: www.localgovernmentlawyer.co.uk

Discharge of care orders – Local Government Lawyer

Posted October 13th, 2023 in care orders, children, families, local government, news by tracey

‘Dr Jo Staines, Dr Jessica Roy and Dr Beth Stone of the University of Bristol set out the issues that arise when applications are made by parents for the discharge of care orders in England and Wales.’

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Local Government Lawyer, 13th October 2023

Source: www.localgovernmentlawyer.co.uk

Rent increase and creation of a new tenancy – Nearly Legal

Posted October 11th, 2023 in bereavement, families, housing, landlord & tenant, local government, news, rent, repossession by tracey

‘Tower Hamlets Community Housing v The personal representative of Joseph Desir & Ors. County Court at Clerkenwell & Shoreditch. 19 April 2023. The late Mr & Mrs Desir had an assured tenancy from Tower Hamlets Community Housing. They both died in March 2020. Their daughter, Ms S Desir, applied to succeed on the basis of having lived there and having been her parents’ carer for the last 10 years. THCH made several demands for further evidence, and served notice to quit on the property and on the Public Trustee. THCH then brought the present possession proceedings, despite not having made a decision on succession.’

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Nearly Legal, 8th October 2023

Source: nearlylegal.co.uk

Judge rejects bid by boating groups for judicial review challenge over plans for increased mooring fees – Local Government Lawyer

Posted October 11th, 2023 in consultations, judicial review, local government, news, water by tracey

‘A High Court judge has rejected an application for judicial review over plans by Mayor Marvin Rees’ Cabinet at Bristol City Council to increase mooring fees in Bristol Harbour.’

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Local Government Lawyer, 10th October 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal by council in case where fact-finding process in care proceedings “went wrong” – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a local authority and remitted for rehearing a case concerning findings of fact in care proceedings.’

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Local Government Lawyer, 10th October 2023

Source: www.localgovernmentlawyer.co.uk

Caring for unaccompanied children – Law Society’s Gazette

Posted October 10th, 2023 in asylum, children, immigration, local government, news by sally

‘In a sorry adjunct to the debate on the government’s asylum and immigration policies, the recent High Court case of R(ECPAT) v Kent County Council & others [2023] EWHC 1953 (Admin) has provided a concerning insight into the government’s approach to the reception of children into the UK who have no adult to accompany or care for them.’

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Law Society's Gazette, 6th October 2023

Source: www.lawgazette.co.uk

Government to progress stayed ordinary residence disputes after Supreme Court judgment – Local Government Lawyer

‘The Department of Health and Social Care (DHSC) has set out its position on the determination of ordinary residence disputes in light of the outcome of a recent landmark Supreme Court ruling.’

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Local Government Lawyer, 6th October 2023

Source: www.localgovernmentlawyer.co.uk

London borough accused appellants of fraud with “no adequate evidence”, tribunal finds – Local Government Lawyer

Posted October 3rd, 2023 in forgery, fraud, local government, London, news, penalties, road traffic, tribunals by sally

‘A London Tribunal has ordered a penalty charge notice (PCN) to be cancelled after finding the London Borough of Newham accused the appellants of forging defective PCNs “with no adequate evidence to support the allegation”.’

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Local Government Lawyer, 2nd October 2023

Source: www.localgovernmentlawyer.co.uk

Woman alleging menopause discrimination to be heard by employment tribunal in legal first – The Independent

‘The case of a woman who was allegedly discriminated against due to suffering menopause symptoms will be heard by an employment tribunal this week in a legal first.’

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The Independent, 2nd October 2023

Source: www.independent.co.uk

Local authority challenges Tribunal costs awards decision following specialist school legal battle – Local Government Lawyer

‘East Sussex County Council has submitted a request for permission to appeal a decision ordering it to pay school fees costs to the family of a young autistic boy.’

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Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

Procurement Bill: Competitive flexible procedure – Local Government Lawyer

Posted September 29th, 2023 in bills, local government, news, public procurement by tracey

‘How will the competitive flexible procedure work in practice? Michael Mousdale explains.’

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Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

Proposed changes to Pre-Action Protocols – Local Government Lawyer

Posted September 29th, 2023 in civil procedure rules, local government, news, pre-action conduct by tracey

‘The Civil Justice Council has published its final report on Pre-Action Protocols. Jim Byard summarises the main recommendations and discuss the implications for practitioners.’

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Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

Councils accused of “wasting” £60m in a year on tribunal battles over support for children with special educational needs – Local Government Lawyer

‘Councils wasted £60 million in a year on “unsuccessful court disputes” with parents and carers seeking support for children and young people with special educational needs and disabilities (SEND), according to research by Pro Bono Economics, commissioned by the Disabled Children’s Partnership.’

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Local Government Lawyer, 27th September 2023

Source: www.localgovernmentlawyer.co.uk

Councils ‘wasting millions’ on special educational needs legal disputes – The Independent

‘Councils in England have been accused of “wasting” millions of pounds in court disputes with parents and carers over disability and educational support for their children.’

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The Independent, 26th September 2023

Source: www.independent.co.uk

Watchdog updates technical guidance for schools regarding pupils with protected characteristics – Local Government Lawyer

‘The Equality and Human Rights Commission (EHRC) has updated its technical guidance for schools in England and Scotland, outlining the obligations the Equality Act places upon schools regarding pupils with protected characteristics and the provision of their education.’

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Local Government Lawyer, 26th September 2023

Source: www.localgovernmentlawyer.co.uk