London borough defeats legal challenge to use of remote licensing hearings – Local Government Lawyer

‘A Magistrates’ Court has ruled that neither the Licensing Act 2003 nor the Licensing Act (Hearings) Regulations 2005 require hearings to be held in a physical “place”, in a case that challenged the London Borough of Lewisham’s use of a remote hearing procedure to revoke a premises’ license.’

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Local Government Lawyer, 18th April 2023

Source: www.localgovernmentlawyer.co.uk

Former Grenfell resident fails in wide-ranging challenge to rehousing decisions – Local Government Lawyer

Posted April 18th, 2023 in fire, housing, judicial review, local government, news by sally

‘A former Grenfell resident has failed in a judicial review challenge against rehousing decisions made by the Royal Borough of Kensington and Chelsea in the years following the 2017 fire.’

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Local Government Lawyer, 17th April 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear next week dispute over ‘ordinary residence’ and s117 aftercare services – Local Government Lawyer

‘The Supreme Court will next week (27 April) hear a high-profile case over the responsibility of local authorities for the aftercare of a service-user who had been detained under the Mental Health Act 1983.’

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Local Government Lawyer, 17th April 2023

Source: www.localgovernmentlawyer.co.uk

Adjoining owners and Party Wall Act awards – Local Government Lawyer

Posted April 17th, 2023 in appeals, local government, news, party walls, surveyors by sally

‘The Court of Appeal has ruled that Party Wall Act awards cannot be imposed on building owners by adjoining owners. Michael Paget analyses the judgment.’

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Local Government Lawyer, 14th April 2023

Source: www.localgovernmentlawyer.co.uk

The “We’ve extended the conservation area” gambit – Local Government Lawyer

Posted April 17th, 2023 in judicial review, local government, news, planning by sally

‘A High Court judge recently found that a borough council fell into a number of legal errors when extending a conservation area to include a former department store that developers were seeking to demolish. Simon Ricketts examines the case.’

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Local Government Lawyer, 14th April 2023

Source: www.localgovernmentlawyer.co.uk

Implementation of planning permission – Local Government Lawyer

Posted April 17th, 2023 in enforcement notices, housing, local government, news, planning by sally

‘Roderick Morton reports on a High Court ruling that highlights the importance of checking implementation carefully where a developer claims to have permission.’

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Local Government Lawyer, 14th April 2023

Source: www.localgovernmentlawyer.co.uk

Adoption of babies – ss 19 and 20 consent and Re A, B, and C – Family Law

Posted April 17th, 2023 in adoption, appeals, consent, families, local government, news by sally

‘The making of an adoption order changes a child’s family law status and legal identity forever,1 and only in the most exceptional circumstances is an adoption order ever revoked; most likely, if at all, as a result of serious procedural unfairness or irregularity, or misrepresentation.2 It is a well-established legal principle that, therefore, all “realistic” options need to be explored before adoption is endorsed as a child’s care plan.3 That is no different when it comes to the voluntary relinquishment of a child for adoption, by both parents, or more likely, by one parent, the mother.’

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Family Law, 13th April 2023

Source: www.familylaw.co.uk

Court to rule on lawfulness of remote hearings – Law Society’s Gazette

Posted April 14th, 2023 in licensed premises, licensing, local government, news, remote hearings by sally

‘The lawfulness of local authority licensing hearings held remotely will be decided in a judgment expected later this month.’

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Law Society's Gazette, 13th April 2023

Source: www.lawgazette.co.uk

Council’s failures left disabled child in chronic pain for three years, watchdog finds – The Guardian

Posted April 13th, 2023 in children, disabled persons, fines, housing, local government, news, ombudsmen by sally

‘A severely disabled child missed out on vital NHS surgery and was left in chronic pain for more than three years because a council failed to move them out of unsuitable housing despite repeated pleas from health professionals, a watchdog has ruled.’

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The Guardian, 13th April 2023

Source: www.theguardian.com

London boroughs issue report on going beyond statutory and regulatory housing responsibilities, admitting there is “more they must do” – Local Government Lawyer

Posted April 13th, 2023 in housing, local government, London, news, reports, standards, statutory duty by sally

‘The London Housing Directors’ Group, with support from London Councils, has issued a report setting out best practice principles on how boroughs can go beyond their statutory and regulatory responsibilities to deliver the “highest possible housing standards”.’

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Local Government Lawyer, 12th April 2023

Source: www.localgovernmentlawyer.co.uk

High Court grants interim injunction over Home Office plan to house asylum seekers at disused airfield – Local Government Lawyer

‘Braintree District Council has secured an interim injunction temporarily blocking Home Office plans to accommodate asylum seekers at an airbase, ahead of a High Court hearing on the matter next week.’

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Local Government Lawyer, 11th April 2023

Source: www.localgovernmentlawyer.co.uk

Anonymisation of a young adult applicant for judicial review about section 20 – Transparency Project

‘There are two matters of interest in this unusual judgment by Mr Justice Mostyn in respect of a claim for judicial review brought by a teenager against a local authority, originally published on The National Archives as TT v Essex County Council [2023] EWHC 721 (Fam) but replaced as [2023] EWHC 826 (Admin).’

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Transparency Project, 10th April 2023

Source: transparencyproject.org.uk

‘Give or Take a Few Years’: Age Assessments in Care Proceedings – St Philips Barristers

‘Age assessments predominantly arise within the arena of immigration law where the question to be determined is whether the individual concerned is aged under 18. Those seeking to enter the UK are often both unaccompanied and undocumented, and the determination of age is a prerequisite to their legal protection. However, such disputes are not so commonplace in care proceedings. Often, the young person is already residing in the country and usually retains proof of identification.’

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St Philips Barristers, 30th March 2023

Source: st-philips.com

Liverpool school abuse: Survivors take legal action against council – BBC News

‘A group of former pupils who were subjected to sexual and physical abuse at a school have begun legal action against the council which ran it.’

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BBC News, 5th April 2023

Source: www.bbc.co.uk

Local Government Association raises concerns over Illegal Migration Bill, highlights conflict with Children Act 1989 – Local Government Lawyer

Posted April 4th, 2023 in asylum, bills, children, immigration, local government, news by sally

‘The Local Government Association (LGA) has warned that provisions in the Government’s Illegal Migration Bill regarding unaccompanied children could conflict with the Children Act 1989.’

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Local Government Lawyer, 3rd April 2023

Source: www.localgovernmentlawyer.co.uk

Council gets default ruling set aside in £6m mesothelioma case despite “inexcusable” delay – Local Government Lawyer

‘The London Borough of Richmond has been allowed to defend a £6m mesothelioma claim, after the High Court set aside a default judgment made in 2021.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Judge grants permission to bring claim over alleged failure to treat as former relevant child – Local Government Lawyer

Posted April 4th, 2023 in care orders, children, housing, judicial review, local government, news by sally

‘A High Court judge has granted permission for a judicial review challenge over the London Borough of Lambeth’s alleged failure to treat a vulnerable 17 year old as a “looked after” child, by providing accommodation under the Housing Act, rather than pursuant to the provisions of the Children Act.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Illegal eviction – attempted or accomplished? – Nearly Legal

Posted April 3rd, 2023 in appeals, housing, landlord & tenant, local government, news, repossession by sally

‘Not something we see very often, an appeal from a conviction for illegal eviction (not that we see many convictions for illegal eviction in the first place).’

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Nearly Legal, 2nd April 2023

Source: nearlylegal.co.uk

Child sex abuse: Failure to report crimes to be made illegal – BBC News

‘People who work with children in England will be legally required to report child sexual abuse or face prosecution under government plans.’

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BBC News, 3rd April 2023

Source: www.bbc.co.uk

Council prosecution sees landlords fined £434k for housing offences – Local Government Lawyer

‘Eight landlords – five individuals and three companies – have been fined £434,000 for offences under the Housing Act 2004, including the operation of 14 unlicensed houses in multiple occupation (HMO) and a catalogue of breaches relating to fire safety, tenant information and maintenance of the properties, following a prosecution brought by West Northamptonshire Council.’

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Local Government Lawyer, 3rd April 2023

Source: www.localgovernmentlawyer.co.uk