Business Rates – Summons – 33 Bedford Row

Posted February 10th, 2025 in complaints, local government, magistrates, news, rates, regulations by sally

‘Where a local authority (Billing Authority) in England alleges that a person has failed to pay due and payable national non-domestic rates (‘Business Rates’), the Billing Authority may[1] apply by way of complaint (‘Complaint’) to the Magistrates Court (a justice of the peace), for a business rates liability order (‘BRLO’) against that person (the alleged ratepayer; for brevity – the ‘ratepayer’). Accompanying the application by way of Complaint, will be a request to the Magistrates Court, that the Magistrates Court do issue a summons, directed to the ratepayer, requiring the ratepayer to appear before the Magistrates Court, to ‘show why he has not paid the sum which is outstanding’ (reg.12(2) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (SI 1989/1058)). This short article will consider the issue of the summons, and the procedural requirements for a summons.’

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33 Bedford Row, 6th February 2025

Source: www.33bedfordrow.co.uk

Intentional homelessness and tenancy obtained by deception – Nearly Legal

Posted February 10th, 2025 in fraud, homelessness, housing, landlord & tenant, local government, news, repossession by sally

‘Munemo v City of Wolverhampton Council (2025) EWCC 4. This is quite the section 204 homelessness appeal of Wolverhampton’s review decision confirming the decision that Ms M was intentionally homeless.’

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Nearly Legal, 9th February 2025

Source: nearlylegal.co.uk

Contempt proceedings, the Aarhus Convention and costs – Local Government Lawyer

Posted February 10th, 2025 in contempt of court, costs, injunctions, judicial review, local government, news, trees by sally

‘Rachel Sullivan analyses a case where it was successfully argued that contempt proceedings, brought against the local authority in a dispute over the felling of trees, were an Aarhus Convention claim and thus the claimant was entitled to costs protection.’

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Local Government Lawyer, 7th February 2025

Source: www.localgovernmentlawyer.co.uk

Work-related stress: a key issue for employers – Local Government Lawyer

Posted February 10th, 2025 in employment, local government, mental health, news by sally

‘Debra Gers looks at the support employers can provide in relation to work-related stress.’

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Local Government Lawyer, 7th February 2025

Source: www.localgovernmentlawyer.co.uk

Setting care home fees – Local Government Lawyer

‘The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.’

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Local Government Lawyer, 7th February 2025

Source: www.localgovernmentlawyer.co.uk

Local authorities cannot authorise deprivations of liberty of children in care, Court of Appeal rules – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over whether a local authority can authorise the deprivation of liberty of a 14-year-old boy in exercise of its parental responsibility under a care order.’

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Local Government Lawyer, 6th February 2025

Source: www.localgovernmentlawyer.co.uk

High Court rejects judicial review bid from operator of odorous landfill – Local Government Lawyer

Posted February 7th, 2025 in complaints, environmental health, judicial review, local government, news, waste by sally

‘A landfill operator who sought a judicial review against the Environment Agency’s decision to issue a closure notice for the site has had their application refused by the High Court.’

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Local Government Lawyer, 6th February 2025

Source: www.localgovernmentlawyer.co.uk

Foreign national offender claimant wins legal challenge against Home Office over accommodation, but fails in parallel claim against council – Local Government Lawyer

‘The Home Office has lost a case about the allocation of bail accommodation for a foreign national offender and has been ordered by the High Court to make various changes to this system as well as pay 85% of claimant BLZ’s costs.’

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Local Government Lawyer, 5th February 2025

Source: www.localgovernmentlawyer.co.uk

High Court refuses application for deprivation of liberty order regarding disabled 15-year-old subject to care order – Local Government Lawyer

‘A judge has refused an application by a local authority for a declaration from the High Court that it is lawful and in the best interests of a 15-year-old boy with “profound enduring disabilities”, who is the subject of a care order, to be deprived of his liberty.’

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Local Government Lawyer, 4th February 2025

Source: www.localgovernmentlawyer.co.uk

Homelessness – local connection and necessity – Nearly Legal

‘Hussaini v Islington London Borough Council (2025) EWCA Civ 22. Mr Hussaini was a refugee. He had been accommodated in Barking & Dagenham area. On grant of leave to remain, he applied as homeless to Islington. Islington decided he did not have a local connection to the borough and referred the application to Barking. Mr H sought a review and s.204 appeal but was unsuccessful on both. He appealed to the Court of Appeal.’

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Nearly Legal, 2nd February 2025

Source: nearlylegal.co.uk

Councillor jailed after sustained campaign against head of legal and chief executive – Local Government Lawyer

Posted February 4th, 2025 in harassment, imprisonment, local government, news, sentencing by sally

‘A councillor at Torridge District Council has been jailed for 18 weeks for harassment of the local authority’s head of legal and governance.’

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Local Government Lawyer, 3rd February 2025

Source: www.localgovernmentlawyer.co.uk

Mother awarded £2,400 over tutor battle for son – BBC News

‘A mother has been paid £2,600 after her local council caused “significant anxiety” by failing to provide her autistic son with the right tutoring.’

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BBC News, 3rd February 2025

Source: www.bbc.co.uk

Law reform charity proposes rights-based framework for AI use in justice system – Local Government Lawyer

‘Law reform charity JUSTICE has proposed the first rights-based framework to guide AI use across the UK justice system in a report that has urged the deployment of the technology be guided by a “clear purpose and responsibility”.’

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Local Government Lawyer, 30th January 2025

Source: www.localgovernmentlawyer.co.uk

Care home providers win High Court battle with council over minimal uplift in fees – Local Government Lawyer

Posted January 31st, 2025 in care homes, equality, local government, news by sally

‘A group of local care homes has won an irrationality case in the High Court against Stoke-on-Trent City Council over the local authority’s decision to pay only a minimal uplift in fees for home residents.’

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Local Government Lawyer, 30th January 2025

Source: www.localgovernmentlawyer.co.uk

High Court judge criticises ‘unconscionable delay’ in care case, extension of statutory time limits ‘by default’ – Local Government Lawyer

‘A High Court judge has made a care order in relation to a four-year-old girl (F), finding that her best interests will be met by an adoptive placement outside her family, while criticising the “unconscionable delay” in the case, which took almost 30 months to reach a conclusion’

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Local Government Lawyer, 31st January 2025

Source: www.localgovernmentlawyer.co.uk

Injuries to a baby: Part 2 – the court’s decisions – Transparency Project

Posted January 30th, 2025 in care orders, child cruelty, children, families, family courts, local government, news by sally

‘The local authority threshold statement at this stage detailed the injuries and submitted that the fractures were caused by excessive force or shaking; the bruises and abrasions caused by grabbing or squeezing. The parents had not been honest about the cause of the injuries and if one of them had caused them, the other had failed protect to Claire from being injured. Additionally, the local authority relied on an injury that had occurred earlier in the summer but had at that time not been deemed a child protection matter. The statement set out a list of concerns relating to David’s drug use and to Amy’s failure to protect Claire from the consequences. There were also references to David’s inappropriate handling of Claire although eventually this particular point was not included in the judge’s findings.’

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Transparency Project, 29th January 2025

Source: transparencyproject.org.uk

Planning, Environment and Property Newsletter – Winter 2025 Edition – 39 Essex Chambers

Posted January 30th, 2025 in chambers articles, environmental protection, local government, news, planning by sally

‘Welcome to our January 2025 edition of the Planning Environment & Property Newsletter. A very Happy New Year to you all. The end of 2024 saw a significant array of development in the realms of planning policy, legislation and consultations and there is a lot more to come!’

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39 Essex Chambers, 23rd January 2025

Source: www.39essex.com

Judicial review begins over special needs bailout – BBC News

‘A judicial review in the High Court case has begun over a government bailout of £54m for special needs education funding in Bristol.’

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BBC News, 28th January 2025

Source: www.bbc.co.uk

Renewed homeless applications and new facts – Nearly Legal

‘Ivory, R (On the Application Of) v Welwyn Hatfield Borough Council (2025) EWCA Civ 21. A second appeal to the Court of Appeal from a judicial review of Welwyn Hatfield’s rejection of a homelessness application by Ms Ivory, on the basis that it was based on the same facts as a previous application by Ms Ivory on which Welwyn had decided no full housing duty was owed as Ms Ivory was intentionally homeless.’

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Nearly Legal, 26th January 2025

Source: nearlylegal.co.uk

Access injunctions: not as straightforward as they may seem… – Local Government Lawyer

‘Jane Talbot discusses how some of the issues faced by social landlords when it comes to obtaining access injunctions can be overcome.’

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Local Government Lawyer, 24th January 2025

Source: www.localgovernmentlawyer.co.uk