Children public law case update: May 2023 – Local Government Lawyer
‘Jennifer Frost rounds up the latest public law children cases of interest to practitioners.’
Local Government Lawyer, 26th May 2023
Source: www.localgovernmentlawyer.co.uk
Category: local government
Key issues in land disposal – Local Government Lawyer
‘When local authorities dispose of land, there are several important legal issues for them to consider. A recent case considered by the Supreme Court showed the importance of considering one such issue – the duties associated with disposing of land consisting of open space, write Paul Hilsdon and Matthew Holtam.’
Local Government Lawyer, 26th May 2023
Source: www.localgovernmentlawyer.co.uk
The power to withdraw under scrutiny in the Court of Appeal – Local Government Lawyer
‘In a judgment handed down on 10 May 2023, the Court of Appeal held that the Local Government and Social Care Ombudsman did not have a power to withdraw a report issued on completion of his investigation. Amy Tschobotko and Jason Tandy consider below the implications of the judgment for public bodies when discharging their functions, including when carrying out reviews and responding to legal challenges.’
Local Government Lawyer, 26th May 2023
Source: www.localgovernmentlawyer.co.uk
Opinion: Judith Ratcliffe – Journal of the Law Society Scotland
‘In this age of drives to digital, we need, written into law, a right for every citizen in the United Kingdom to access Government and local authority services offline (on paper and over the counter)’
Journal of the Law Society Scotland , 15th May 2023
Source: www.lawscot.org.uk
Michael Gove launches independent investigation into Teesworks freeport – The Independent
‘The Government will open an investigation into accusations of wrongdoing at the UK’s largest freeport.’
The Independent, 24th May 2023
Source: www.independent.co.uk
Court of Appeal finds Ombudsman decision to withdraw report was unlawful, but dismisses appeal by developer – Local Government Lawyer
‘The Court of Appeal has dismissed a developer’s appeal concerning whether the Local Government and Social Care Ombudsman had the power to withdraw a final report into Tewkesbury Borough Council’s refusal to waive a planning fee, re-open its investigation and then issue a second final report in favour of the council.’
Local Government Lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
Court of Appeal overturns judgment on use of appeal planning officers – Local Government Lawyer
‘The Court of Appeal has allowed an appeal over a High Court ruling that found the Planning Inspectorate’s model of employing appeal planning officers in aiding determination of certain planning appeals was unlawful.’
Local Government Lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
Received wisdom – Local Government Lawyer
‘Matt Hutchings KC, Ranjit Bhose KC and Shomik Datta report on a dispute between two public bodies about the interpretation of a commercial lease, implied terms and estoppel by convention worth over £200m.’
Local Government Lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
Squaring the circle – Local Government Lawyer
‘What steps can a local authority take to ensure a lawful deprivation of liberty in an unregistered children’s home in England for children under 16? Hannah Taylor and Ruth Atkinson-Wilks explain.’
Local Government Lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
Housing case law update – April 2023 – Local Government Lawyer
‘Emily Howe, Kelly Lloyd and Laura Waby round up the latest housing law judgments of interest to housing associations and local authorities.’
Local Government Lawyer, 17th May 2023
Source: www.localgovernmentlawyer.co.uk
Tighter damp and mould regulations set to impact registered providers – Local Government Lawyer
‘Six months after the conclusion of the inquest into the tragic death of Awaab Ishak, Matthew Bown and Amy Cowap outline the various measures set to be implemented to ensure tighter regulation of registered providers of social housing, with a specific focus on damp and mould issues.’
Local Government Lawyer, 17th May 2023
Source: www.localgovernmentlawyer.co.uk
Section 106 obligation to transfer land to council no longer enforceable – Local Government lawyer
‘A High Court judge has ruled that a s.106 obligation to transfer land to a council for a nominal sum of £1 where affordable housing had not been delivered by a specified date was no longer enforceable. Barristers at Francis Taylor Building explain why.’
Local Government lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
Bristol van dwellers to challenge council injunction – BBC News
‘People living in vans on a residential road are to challenge legal action taken by a council to move them on. Bristol City Council was granted an injunction order on Greenbank View, in Easton, after complaints from local residents.’
BBC News, 18th May 2023
Source: www.bbc.co.uk
Owners of illegal shisha café ordered to pay nearly £200k following council prosecution – Local Government Lawyer
‘Manchester City Council has secured the confiscation of £174,074 from a company that owned a property used as an illegal shisha café in breach of a planning enforcement notice.’
Local Government Lawyer, 10th May 2023
Source: www.localgovernmentlawyer.co.uk
Judge rejects challenge over council’s alcohol detox policy – Local Government Lawyer
‘A High Court judge has rejected a man’s legal challenge to Surrey County Council’s alcohol detox policy after he was refused residential treatment by social services due to his lack of prior engagement with early stage treatment plans for his alcoholism.’
Local Government Lawyer, 10th May 2023
Source: www.localgovernmentlawyer.co.uk
Suitability duties and reasonable preferences that weren’t unreasonable – Nearly Legal
‘A judicial review on three grounds:
i) Breach of section 193(2) Housing Act 1996 duty to secure suitable accommodation;
ii) The Westminster’s allocation policy was unlawful in that it denied the applicant medical need priority reasonable preference, restricting him to homeless reasonable preference; and
iii) Breach of the duty under section 166A(9)(a)(ii) Housing Act 1996 to provide the applicant sufficient information to permit the applicant to determine whether housing accommodation appropriate to his needs is likely to be available to him and, if so, how long it is likely to be before such accommodation becomes available for allocation to him.’
Nearly Legal, 8th May 2023
Source: nearlylegal.co.uk
Elections watchdog to conduct analysis of implementation of voter ID – Local Government Lawyer
‘The Electoral Commission has revealed it will conduct a “full report” on the May 2023 local elections, which will analyse the impact of the voter ID requirement.’
Local Government Lawyer, May 2023
Source: www.localgovernmentlawyer.co.uk
London estate resident goes to high court over demolition plans – The Guardian
‘A woman who has lived on the same council estate for 30 years has taken developers and her local authority to the high court over plans to demolish her home.’
The Guardian, 9th May 2023
Source: www.theguardian.com
Judge criticises fundamental errors in childcare case after earlier ruling ignored – Local Government Lawyer
‘Her Honour Judge Madeleine Reardon has highlighted “fundamental errors” made in the preparation and presentation of a childcare case, in which a previous judgment given by the court was “completely ignored”.’
Local Government Lawyer, 5th May 2023
Source: www.localgovernmentlawyer.co.uk
‘I was denied my right’: voter ID rules a barrier for some in England – The Guardian
‘The introduction of voter ID in England has left a number of people, often from more marginalised groups, unable to cast ballots in local elections – although some officials’ fears of widespread chaos did not materialise.’
The Guardian, 4th May 2023
Source: www.theguardian.com
