Campaigners eye second legal challenge over traffic regulation order – Local Government Lawyer

Posted November 15th, 2024 in local government, news, roads by sally

‘Work is progressing on a bus gate project in Cambridge despite campaign group Friends of Mill Road Bridge 2 threatening further legal action over what it said was a decision taken for an improper financial motive.’

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Local Government Lawyer, 13th November 2024

Source: www.localgovernmentlawyer.co.uk

Case Law on Covert Recordings – Becket Chambers

‘Covert recordings are any recording made without the express knowledge and permission of the person recorded, whether by audio or video: Family Justice Council.’

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Becket Chambers, 31st October 2024

Source: becket-chambers.co.uk

Orders protecting against risk of FGM should be “focused, targeted and proportionate” to specific risks established, says High Court judge – Local Government Lawyer

Posted November 12th, 2024 in families, female genital mutilation, local government, news, proportionality by tracey

‘The High Court has discharged a Prohibited Steps Order (PSO) made to protect a now teenage girl against the risks of Female Genital Mutilation (FGM), after finding “no evidence” of an ongoing risk of FGM to the girl, and finding that the order continued to have a “profound impact on her competing rights and freedoms”.’

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Local Government Lawyer, 11th November 2024

Source: www.localgovernmentlawyer.co.uk

Council prosecutes pair after finding licensed taxi business used unlicensed taxi driver – Local Government Lawyer

Posted November 12th, 2024 in licensing, local government, news, prosecutions, taxis by tracey

‘Two men have been prosecuted by Lichfield District Council after licensing officers caught a licensed taxi company handing business to a driver without a taxi licence.’

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Local Government Lawyer, 11th November 2024

Source: www.localgovernmentlawyer.co.uk

Council worker who objected to pronouns policy ordered to pay £12k in costs after losing employment tribunal – Local Government Lawyer

‘A council worker who protested against his local authority employer’s pronouns policy has been ordered to pay £12,000 in costs after his claim of unfair dismissal was dismissed in the Employment Tribunal.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Hopeless but not the same? – Local Government Lawyer

Posted November 11th, 2024 in housing, judicial review, local government, news, planning by tracey

‘The High Court recently considered the scope of s70A Town and Country Planning Act 1990. Arevik Jackson looks at the lessons from the judgment.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Delivery drivers and supply in the provision of late night refreshment – Local Government Lawyer

Posted November 11th, 2024 in food, licensing, local government, news by tracey

‘In a recent ruling a district judge has provided helpful clarity on the role of third party delivery drivers and the question of supply in the provision of late night refreshment under the Licensing Act 2003. Leo Charalambides and James Rankin examine the ruling.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Law firm not negligent in advice to settle £2m claims – Legal Futures

‘A law firm was not negligent in advice to settle £2m of claims brought by a businessman’s trustee in bankruptcy against his wife and daughter, the High Court has ruled.’

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Legal Futures, 11th November 2024

Source: www.legalfutures.co.uk

Children taken away from parents due to misreporting of drug tests, say experts – The Guardian

‘Children are at risk of being wrongly removed from their parents’ care by the family courts because drug tests are being misinterpreted, experts have warned.’

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The Guardian, 9th November 2024

Source: www.theguardian.com

Housing case law: September & October 2024 – Local Government Lawyer

‘Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 5th November 2024

Source: www.localgovernmentlawyer.co.uk

High Court case over closure of nurseries dropped – BBC News

Posted November 7th, 2024 in children, consultations, judicial review, local government, London, news by tracey

‘A High Court challenge over plans to close children’s centres in east London has been dropped after the council accepted its consultation was “unlawful”.’

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BBC News, 7th November 2024

Source: www.bbc.co.uk

HMO licensing appeals: to re-hear, or not to re-hear? – Local Government Lawyer

‘Angela Piears considers a First-tier Tribunal (FTT) case about HMO licences: How should the FTT approach the hearing of an HMO licensing appeal? Who can challenge the decision to grant an HMO licence? How should a local authority serve notices on a freehold company?’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Improvement or remediation, or both? – Local Government Lawyer

‘Robert Bowker considers how the First-tier Tribunal (FTT) has dealt with fire safety cases where an improvement notice under the Housing Act 2004 has been served and an application for a remediation order under s. 123 of the Building Safety Act 2022 has been made.’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Renters’ Rights Bill – Supported Housing Providers focus: new grounds for possession – Local Government Lawyer

Posted November 6th, 2024 in bills, housing, landlord & tenant, local government, news, rent by tracey

‘Matthew Watts and Sarah Orchard briefly explore the changes being proposed in the Renters’ Rights Bill and consider some of the impacts on the supported housing sector, where flexibility in management of housing stock is often key.’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

The CQC and DoLS – the need for a ‘substantial intervention’ – Mental Capacity Law and Policy

‘In its most recent State of Care Report, the CQC has a lengthy and detailed ‘area of concern’ section on DoLS, the key findings being as follows:

– Too many people are waiting too long for a Deprivation of Liberty Safeguards (DoLS) authorisation, despite multiple examples of local authorities trying their best to reduce backlogs and ensure sustainable improvement.
– We remain worried about the rights of people at the heart of the DoLS system. We continue to see people in vulnerable circumstances without legal protection, which not only affects them but also their families, carers, staff and local authorities.
– The system has needed reform for over 10 years. Unless there is substantial intervention, we are concerned that these challenges will continue.’

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Mental Capacity Law and Policy, 31st October 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Essex car park to be test case for legislation to protect landscapes – The Guardian

‘A commuter car park in Essex is to be one of the first test cases of whether the government will enforce new legislation aimed at protecting national parks and landscapes in England.’

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The Guardian, 31st October 2024

Source: www.theguardian.com

Appeal judges reiterate that it is for the court – not local authorities or any other person – to determine in adoption cases whether there should be ongoing contact with birth family – Local Government Lawyer

‘The Court of Appeal has allowed a local authority’s appeal against a judge’s refusal to make placement orders in respect of two young children.’

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Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

Integrated care board breached duty to provide lawful health care plan: High Court – Local Government Lawyer

‘North Central London Integrated Care Board was in breach of its duty to ensure a severely disabled boy has a lawful health care plan, the High Court has found.’

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Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

Disability-related absences and dismissal – Local Government Lawyer

‘Should dismissals for disability-related absences be pleaded as direct discrimination? Robin Pickard examines a recent Employment Appeal Tribunal case involving a local authority.’

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Local Government Lawyer, 30th October 2024

Source: www.localgovernmentlawyer.co.uk

Members’ interests, bias and pre-determination – Local Government Lawyer

Posted October 30th, 2024 in bias, codes of practice, conflict of interest, local government, news by tracey

‘In his latest article Geoff Wild seeks to clarify when it is appropriate for members to declare interests (and when it is not) and what the consequences are of doing so.’

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Local Government Lawyer, 30th November 2024

Source: www.localgovernmentlawyer.co.uk