Council decision to extend conservation area to save department store building was unlawful, High Court rules – Local Government Lawyer

Posted April 3rd, 2023 in housing, local government, news, planning by sally

‘A High Court judge has found that Spelthorne 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.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Thousands of homeless people arrested under archaic Vagrancy Act – The Guardian

‘More than 1,000 homeless people have been arrested for sleeping rough or begging since the government pledged to scrap the nearly 200-year-old Vagrancy Act, new figures show.’

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The Guardian, 2nd April 2023

Source: www.theguardian.com

R (Milburn) v Local Government and Social Care Ombudsman – St John’s Buildings

‘In R (Milburn) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207, the Court of Appeal upheld the decision of HHJ Sephton KC (sitting as a Deputy Judge of the High Court) that the Claimant’s complaints regarding the local authority’s conduct in an appeal before the First-Tier Tribunal (Special Educational Needs and Disability) well within the remit of the Tribunal, and therefore fell outside of the Ombudsman’s jurisdiction due to s.26(6) of the Local Government Act 1974.’

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St John's Buildings, 15th March 2023

Source: stjohnsbuildings.com

Institute of Licensing issues briefing note on Rehabilitation of Offenders Act – Local Government Lawyer

Posted March 29th, 2023 in criminal records, disclosure, licensing, local government, news, rehabilitation by sally

‘The Institute of Licensing (IoL) has issued a briefing note on the Rehabilitation of Offenders Act 1974 in order to provide assistance to licensing authorities, applicants and representatives in relation to protected convictions and cautions.’

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Local Government Lawyer, 28th March 2023

Source: www.localgovernmentlawyer.co.uk

Judges allow appeal from residents in out-of-borough accommodation disputes – Local Government Lawyer

Posted March 28th, 2023 in appeals, families, housing, local government, London, news by sally

‘Two residents have won cases in the Court of Appeal against decisions by London boroughs to move them to private rented accommodation outside the capital.’

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Local Government Lawyer, 27th March 2023

Source: www.localgovernmentlawyer.co.uk

Time to respond to ‘minded to’ letters, and getting affordability right – Nearly Legal

Posted March 27th, 2023 in appeals, homelessness, housing, judicial review, local government, news by sally

‘Our grateful thanks to Alice Irving of Doughty Street Chambers for this note of a section 204 appeal decision, which is interesting in the approach to representations in response to ‘minded to’ letters, to affordability assessments and on the timing and role of skeleton arguments in s.204 appeals.

Tapper v Royal Borough of Kingston upon Thames (unreported, 4 January 2022, County Court at Central London, HHJ Parfitt)’

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Nearly Legal, 26th March 2023

Source: nearlylegal.co.uk

Action plan to crack down on anti-social behaviour – Home Office

‘Perpetrators of anti-social behaviour will face swift and visible justice, with nitrous oxide banned and police given more powers to test for drugs on arrest.’

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Home Office, 26th March 2023

Source: www.gov.uk

Council takes legal action to stop asylum seekers being sent to Essex airfield – The Guardian

‘An Essex council is seeking an urgent injunction against the Home Office to try to prevent plans to house asylum seekers on an airfield close to a small village.’

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The Guardian, 26th March 2023

Source: www.theguardian.com

Croydon Council plans legal action against former chief executive Jo Negrini – BBC News

Posted March 24th, 2023 in bankruptcy, local government, London, news by sally

‘Croydon Council wants to take legal action against its former chief executive in a bid to recover some of her settlement of more than £400,000.’

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BBC News, 24th March 2023

Source: www.bbc.co.uk

Procurement case law: Winter 2022/23 – Local Government Lawyer

Posted March 24th, 2023 in local government, news, public procurement by sally

‘Katrina Day and Mary Mundy analyse recent judgments of interest to procurement practitioners.’

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Local Government Lawyer, 24th March 2023

Source: www.localgovernmentlawyer.co.uk

The SEND and AP Improvement Plan: does it go far enough? – Local Government Lawyer

‘Sarah Davidson sets out the key elements of the SEND and AP Improvement Plan published by the Department for Education earlier this month.’

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Local Government Lawyer, 24th March 2023

Source: www.localgovernmentlawyer.co.uk

Council fails in appeal over costs award made after landowner succeeded with compulsory purchase objection – Local Government Lawyer

Posted March 23rd, 2023 in appeals, compulsory purchase, costs, local government, news, planning by sally

‘Harlow District Council has lost on all grounds in an attempt at the High Court to overturn a costs award made against it in a dispute over compulsory purchase.’

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Local Government Lawyer, 23rd March 2023

Source: www.localgovernmentlawyer.co.uk

Council wins statutory review over original building and proportionality of additions – Local Government Lawyer

Posted March 23rd, 2023 in housing, local government, news, planning, proportionality by sally

‘A planning inspector’s decision has been quashed by the High Court in a dispute concerning Green Belt building and the unknown dimensions of a home that stood on the site before the present planning system took effect in 1948.’

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Local Government Lawyer, 23rd March 2023

Source: www.localgovernmentlawyer.co.uk

Applying to end the automatic suspension – Local Government Lawyer

Posted March 22nd, 2023 in contracts, damages, local government, news, public procurement, trials by sally

‘A recent High Court ruling has provided useful insights into ending the Regulation 95 Contract Making Suspension, writes Colin Ricciardiello.’

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Local Government Lawyer, 21st March 2023

Source: www.localgovernmentlawyer.co.uk

Councils “all too often” failing in duties to prevent homelessness, says Ombudsman – Local Government Lawyer

Posted March 21st, 2023 in homelessness, local government, news, ombudsmen, reports by sally

‘The Local Government and Social Care Ombudsman (LGSCO) has said that vulnerable people are facing homelessness because some councils are “still not getting it right”, in a report marking five years since the introduction of the Homelessness Reduction Act.’

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Local Government Lawyer, 21st March 2023

Source: www.localgovernmentlawyer.co.uk

Highways: only a touch of frost – Local Government Lawyer

‘In his fourth and final article in a short series which focuses on case law which may assist in the defence of claims against Highways Authorities under s.41 of the Highways Act 1980, and inspired at least in part by the wintery weather sweeping across the country, Jack Harding focuses on snow and ice on the highway.’

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Local Government Lawyer, 17th March 2023

Source: www.localgovernmentlawyer.co.uk

Social workers should not assess asylum seeker ages for Home Office, professional body says – The Guardian

‘The professional body for social workers has urged its members not to work with the Home Office to assess the ages of asylum seekers, saying that political pressures could undermine their professional judgment.
The Home Office is recruiting social workers to join the National Age Assessment Board (NAAB), which was set up under the Nationality and Borders Act to take responsibility for determining the age of asylum seekers away from local authorities.’

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The Guardian, 15th March 2023

Source: www.theguardian.com

Plymouth trees: Call for independent inquiry into felling – BBC News

‘Plymouth City Council is facing calls for an independent inquiry into the decisions behind the night-time felling of 110 trees in the city centre.’

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BBC News, 16th March 2023

Source: www.bbc.co.uk

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