Council told to pay nearly £10k after woman forced to live in unsuitable accommodation for three years – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has found that Croydon Council placed a woman fleeing domestic violence in “unsuitable accommodation” for three years, as well as finding poor complaint handling.’

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Local Government Lawyer, 13th March 2023

Source: www.localgovernmentlawyer.co.uk

London councils urge Home Office to rethink hotels policy for asylum seekers – The Guardian

‘Two-thirds of London’s councils have signed a letter to the home secretary calling for a major shake-up of the government’s hotels policy for asylum seekers.’

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The Guardian, 12th March 2023

Source: www.theguardian.com

Council told to apologise after care home errors – BBC News

Posted March 13th, 2023 in care homes, elderly, local government, news, powers of attorney by tracey

‘Shropshire Council has been ordered to apologise by the ombudsman, after an elderly man with dementia was placed in an unsuitable care home.’

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BBC News, 11th March 2023

Source: www.bbc.co.uk

Council judicial review application over asylum seeker hotels refused – Local Government Lawyer

‘The High Court has refused a judicial review application from Torbay Council that argued the placement of asylum seekers in local hotels would have a significant impact on Children’s Services.’

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Local Government Lawyer, 9th March 2023

Source: www.localgovernmentlawyer.co.uk

Ex-council tenant given suspended sentence, ordered to pay £10k after failing to inform London borough she had vacated property – Local Government Lawyer

‘A former council tenant who vacated the home to live at a property she had purchased elsewhere but failed to inform the local authority has received a £10,000 fine and suspended prison sentence.’

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Local Government Lawyer, 9th March 2023

Source: www.localgovernmentlawyer.co.uk

Mother wins appeal over sending of domestic abuse findings made against social worker father to regulator – Local Government Lawyer

‘A High Court judge has allowed an appeal brought by a mother over whether a judgment in long-running private law proceedings that made findings of domestic abuse against the father, who works as a social worker, should be sent to his regulator, Social Work England (SWE).’

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Local Government Lawyer, 10th March 2023

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal issues ruling on acquisition of land subject to compulsory purchase where ownership unknown – Local Government Lawyer

‘Stockport Metropolitan Borough Council has secured an order from the Upper Tribunal (Lands Chamber) that it need not serve a notice to treat when engaged in the compulsory purchase of land from an unknown person, despite the Court Funds Office maintaining that it was.’

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Local Government Lawyer, 8th March 2023

Source: www.localgovernmentlawyer.co.uk

New judgment: Rakusen v Jepsen and others [2023] UKSC 9 – UKSC Blog

‘This appeal is about Rent Repayment Orders. These are orders that can be made against landlords that have committed certain housing-related offences. They require a landlord to repay an amount of rent paid by a tenant (or pay to a local housing authority an amount of universal credit paid in respect of rent). The question which arises is whether they can only be made against a tenant’s immediate landlord, or whether they can be made against a landlord higher up in a chain of tenancies (e.g. the landlord of the tenant’s immediate landlord) – referred to as a “superior landlord”.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Rent Repayment Orders – just the immediate landlord – Nearly Legal

‘The issue for the Supreme Court was whether the wording of section 40 and 41 Housing and Planning Act 2016 meant that a rent repayment order could be made against only a tenant’s immediate landlord, or also against a superior landlord (where the occupying tenant’s landlord themselves had a tenancy of the property) where that landlord had also committed a relevant offence.’

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Nearly Legal, 5th March 2023

Source: nearlylegal.co.uk

New Judgment: R (On the application of Day) v Shropshire Council [2023] UKSC 8 – UKSC Blog

‘Land which is subject to a statutory trust in favour of the public is held by a local authority for the purpose of the public’s enjoyment. In order for local authorities to dispose of this type of land they must comply with statutory consultation requirements. The issue raised by this appeal is what happens to the public’s rights to use this type of land when the local authority disposes of the land but fails to comply with the statutory requirements.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Equalities watchdog criticises councils for leaving adults receiving social care “in the dark” about how to challenge decisions – Local Government Lawyer

‘Adults receiving social care in England and Wales are being failed if they try to challenge decisions made by local authorities, the Equality and Human Rights Commission (EHRC) has claimed.’

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Local Government Lawyer, 2nd March 2023

Source: www.localgovernmentlawyer.co.uk

City council settles claim alleging “discriminatory” pavement licensing policy – Local Government Lawyer

‘City of York Council has settled a wheelchair user’s judicial review claim, which argued the local authority’s pavement licensing policy was discriminatory.’

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Local Government Lawyer, 1st March 2023

Source: www.localgovernmentlawyer.co.uk

Birmingham City Council told to change handling of care complaints – BBC News

‘A council wrongly handled complaints by families over respite care for children with disabilities, an ombudsman found.’

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BBC News, 2nd March 2023

Source: www.bbc.co.uk

Supreme court rules in favour of halting housebuilding in Shrewsbury park – The Guardian

‘Campaigners have won a supreme court appeal to stop houses being built on a park protected by a 100-year-old statutory trust in Shrewsbury, in a landmark ruling for the protection of green spaces.’

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The Guardian, 1st March 2023

Source: www.theguardian.com

Court of Appeal quashes planning permission for only having consideration of part of site – Local Government Lawyer

‘Maidstone Borough Council will have to reconsider a planning application after the Court of Appeal found the local authority misinterpreted its own planning policy on brownfield developments.’

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Local Government Lawyer, 27th February 2023

Source: www.localgovernmentlawyer.co.uk

Election court awards costs against petitioner in ‘dates bribe’ case – Law Society’s Gazette

Posted March 1st, 2023 in bribery, costs, elections, local government, news, political parties by sally

‘A rare sitting of the Election Court has agreed to withdraw a petition for a council election to be declared void after receiving “conclusive evidence” that the petitioner handed packets of dates to potential voters.’

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Law Society's Gazette, 28th February 2023

Source: www.lawgazette.co.uk

Case Preview: London Borough of Merton Council v Nuffield Health Ltd – UKSC Blog

Posted February 27th, 2023 in appeals, charities, local government, news, rates, Supreme Court by sally

‘In this post, Lisa Fox, a senior associate in the litigation team at CMS, previews the decision awaited from the Supreme Court in London Borough of Merton v Nuffield Health Ltd.’

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UKSC Blog, 24th February 2023

Source: ukscblog.com

Upholding ethical standards – Law Society’s Gazette

‘The Committee on Standards in Public Life (CSPL), established in 1994 by John Major to advise the prime minister on arrangements for upholding ethical standards of conduct across public life in England, clearly expected more from the government in this area. For while the CSPL’s January 2019 review of Local Government Ethical Standards contained 26 recommendations, on 4 October 2022, the CSPL’s chair, Lord Evans, wrote to the secretary of state for Levelling Up, Housing and Communities (LUHC), at the time Simon Clarke MP, indicating that it was “very disappointed that many of its careful recommendations have not been accepted”. Among other things, Lord Evans noted “clear frustration within local authorities at the limited powers within the local government standards regime to address poor behaviour by a minority of individuals”. Because while the 2019 report indicated that “the vast majority of councillors and officers want to maintain the highest standards of conduct in their own authority”, it nevertheless noted that a “minority of councillors engage in bullying or harassment, or other highly disruptive behaviour, and a small number of parish councils give rise to a disproportionate number of complaints about poor behaviour”.’

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Law Society's Gazette, 24th February 2023

Source: www.lawgazette.co.uk

Supreme Court to rule next week over rent repayment orders and superior landlord liability – Local Government Lawyer

‘The Supreme Court will next week (1 March) hand down its ruling in a dispute over whether a rent repayment order can only be made against an immediate landlord or whether a superior landlord can also be liable.’

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Local Government Lawyer, 24th February 2023

Source: www.localgovernmentlawyer.co.uk

Council cites 776-year-old law in dispute over City of London plans to move historic wholesale markets – Local Government Lawyer

Posted February 24th, 2023 in bills, local government, London, markets, news by sally

‘Havering Council hopes a 776-years-old law will help it win a planning battle with the City of London Corporation.’

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Local Government Lawyer, 23rd February 2023

Source: www.localgovernmentlawyer.co.uk