New Legal Duty to Require Local Bodies to Consider How Decision-Making Impacts Members of Armed Forces Community – Local Government Lawyer

Posted November 30th, 2022 in armed forces, government departments, local government, news, statutory duty by sally

‘Councils, NHS trusts and other local bodies will be required to consider how their decision-making impacts upon members of the Armed Forces community, under a new duty introduced last week (22 November).’

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Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

Nine in ten councils report backlog in planning enforcement cases amid 43% drop in spending on planning as a whole – Local Government Lawyer

Posted November 29th, 2022 in delay, enforcement, local government, news, planning, reports, statistics by sally

‘A £364m reduction in yearly local authority spending on planning has led to “major challenges in resourcing, skills and performance” for planning authorities, new research has revealed.’

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Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

Council told to pay £15k over failures in relation to provision of suitable alternative education – Local Government Lawyer

Posted November 28th, 2022 in children, compensation, education, health, local government, news, ombudsmen, school children by tracey

‘A child from West Sussex who was unable to attend school missed out on education after the council failed to provide a suitable alternative, an investigation by the Local Government and Social Care Ombudsman has revealed.’

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Local Government Lawyer, 25th November 2022

Source: www.localgovernmentlawyer.co.uk

Taxi driver licence appeals: burden of proof – Local Government Lawyer

Posted November 28th, 2022 in appeals, burden of proof, licensing, local government, news, taxis by tracey

‘Prof Roy Light analyses the case law around the burden of proof in taxi driver licence appeals.’

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Local Government Lawyer, 25th November 2022

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees defendant ordered to pay £80k+ over tree preservation order breach – Local Government Lawyer

Posted November 24th, 2022 in fines, local government, news, trees by sally

‘A defendant has been ordered to pay more than £80,000 over the destruction of 16 oak trees in breach of a tree preservation order.’

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Local Government Lawyer, 23rd November 2022

Source: www.localgovernmentlawyer.co.uk

Assessment of housing needs and cascading unlawfulness – Nearly Legal

‘YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin). Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister’s children, A, her youngest child, is 6 months old; R is 4; Y is 7; B is 9; H is 12; J is 12; and S is 16. Ms YR is a Spanish national with pre-settled status, and Spanish speaking. After becoming homeless in December 2021, she had been staying with a friend, but this could not continue. Following an approach to Lambeth, she was given temporary accommodation in a two bedroom flat in the borough, and the children were enrolled in schools in Lambeth. The accommodation was obviously overcrowded. A formal homelessness application was made in July 2021, with a request for suitable accommodation, together with a request for assessment of the children as in need under section 17 Children Act 1989.’

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Nearly Legal, 20th November 2022

Source: nearlylegal.co.uk

Hillside Parks – common sense is not that common (but the law is not an ass) – Local Government Lawyer

Posted November 21st, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by tracey

‘The Supreme Court judgment in Hillside Parks shows that common sense helps operate the planning system in a practical and fair way, Roy Pinnock writes.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Council threatens Home Office with judicial review after third hotel used to house asylum seekers – Local Government Lawyer

‘Torbay Council has issued a second pre-proceedings letter for a judicial review of the Home Office’s plan to block-book a third hotel in the area in order to accommodate asylum seekers.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Woman groomed and abused in care gets apology after 30 years – The Guardian

‘Leeds city council letter accepting responsibility believed to be the first of its kind.’

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The Guardian, 20th November 2022

Source: www.theguardian.com

Claimant wins judicial review challenge over “unlawful” level of Care Act support – Local Government Lawyer

Posted November 18th, 2022 in autism, carers, disabled persons, duty of care, judicial review, local government, news by tracey

‘An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.’

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Local Government Lawyer, 17th November 2022

Source: www.localgovernmentlawyer.co.uk

ICO reprimand for misuse of children’s data: a proportionate response or a let off? – Local Government Lawyer

‘Last week, the Department for Education received a formal reprimand from the Information Commissioner’s Office (ICO) over a “serious breach” of the GDPR involving the unauthorised sharing of up to 28 million children’s personal data. But the Department has avoided a fine, despite a finding of “woeful” data protection practices. Ibrahim Hasan reports.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Injunctions in the Court of Protection – Local Government Lawyer

Posted November 18th, 2022 in appeals, Court of Protection, families, injunctions, local government, news by tracey

‘Simon Lindsay and Ruth Atkinson-Wilks explore injunctions in the Court of Protection and examine a helpful tool for giving effect to best interests decisions.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: The Supported Housing (Regulated Oversight) Bill 2022-23 – House of Commons Library

Posted November 17th, 2022 in benefits, bills, housing, landlord & tenant, local government, news, parliament by tracey

‘Bob Blackman’s Private Members Bill will receive its second reading on 18 November 2022. This paper explains how the bill aims to strengthen regulation of supported exempt housing in England.’

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House of Commons Library , 15th November 2022

Source: commonslibrary.parliament.uk

High Court refuses to extend interim injunctions stopping hotels from accommodating asylum seekers – Local Government Lawyer

‘A High Court judge has refused to extend ‘without notice’ interim injunctions obtained by Ipswich Borough Council and East Riding of Yorkshire Council that blocked the acccommodation of asylum seekers in local hotels.’

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Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk

Bar to pay £22k legal costs to council and close for two months over alcohol-related violence, magistrates rule – Local Government Lawyer

Posted November 14th, 2022 in appeals, costs, licensed premises, local government, news, violent disorder by tracey

‘A court has ordered a Leicester bar to pay more than £20,000 in legal costs to Leicester City Council after an unsuccessful appeal of licensing restrictions, which were aimed at reducing crime, disorder and noise problems.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

City council secures £59k fine amid “zero tolerance” policy on poorly maintained heritage buildings – Local Government Lawyer

Posted November 14th, 2022 in fines, local government, monuments, news, repairs by tracey

‘Stoke on Trent City Council has warned owners of historic buildings in the city that they will face legal action if they do not maintain their buildings following two successful prosecutions that lead to the courts handing out more than £60,000 in fines.’

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Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk

Housing case law update – October 2022 – Local Government Lawyer

Posted November 14th, 2022 in housing, landlord & tenant, local government, news by tracey

‘Natalie Hurst and Paul Lloyd analyse recent housing law judgments of interest to local authorities and housing associations.’

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Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk

Simon Lee: Wednesbury’s 75th Anniversary – UK Constitutional Law Association

Posted November 11th, 2022 in constitutional law, judges, legal history, licensing, local government, news, ultra vires by tracey

‘Judgment was given in the famous Wednesbury case 75 years ago today, on 10th November 1947. Readers of this blog know full well the facts of the case, the judgment of Lord Greene (reported [1948] 1 KB 223), the mythical status of “Wednesbury unreasonableness” and critiques thereof, such as Lord (previously Sir Robin) Cooke’s dislike of what he saw as Lord Greene’s circumlocution, a “retrogressive” decision and the unnecessary use of “the geographical epithet” of Wednesbury.’

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UK Constitutional Law Association, 10th November 2022

Source: ukconstitutionallaw.org

Clangers: LPAs and duties of care – Local Government Lawyer

Posted November 11th, 2022 in causation, damages, duty of care, local government, negligence, news, planning by tracey

‘Does a local planning authority owe a duty of care to an applicant for planning permission? Simon Ricketts analyses a recent High Court ruling.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

High Court judge quashes planning permission for apparent bias, finds monitoring officer “went wrong in law” – Local Government Lawyer

Posted November 11th, 2022 in bias, codes of practice, local government, news, planning by tracey

‘A High Court judge has quashed a district council’s grant of planning permission for the erection of five self-contained buildings to store and facilitate construction of carnival floats, after finding that the permission was vitiated by apparent bias on the part of two councillors.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk