High Court issues jail sentences for pair who built access point onto A road – Local Government Lawyer

Posted October 28th, 2024 in local government, news, planning, road safety, roads, sentencing, suspended sentences by tracey

‘A High Court judge has handed jail sentences to a man and a woman who built an access point onto an A road without planning permission.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

High Court orders council to treat asylum seeker in accordance with claimed age until further assessment carried out – Local Government Lawyer

Posted October 28th, 2024 in asylum, children, local government, news by tracey

‘The High Court has granted interim relief requiring Kent County Council to treat an asylum seeker in accordance with his claimed age under the Children Act 1989, pending determination of his age or further order.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

Council refused permission for appeal of tribunal order requiring it to publish redacted report – Local Government Lawyer

‘Havering Council has been refused permission to appeal a First-tier Tribunal (General Regulatory Chamber) order that it publish a historic self-assessment peer review submitted as part of the Local Government Association’s Race Equality, Accessibility, Diversity, and Inclusion (READI) review.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

Oil-drilling expansion challenge to go uncontested – BBC News

‘A legal challenge against the expansion of an oil-drilling site in North Lincolnshire is to be uncontested.’

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BBC News, 24th October 2024

Source: www.bbc.co.uk

Anticipatory declarations and supporting P in her wish to protect herself – Mental Capacity Law and Policy

Posted October 25th, 2024 in Court of Protection, disabled persons, local government, news by sally

‘Leicestershire County Council v P & Anor [2024] EWCOP 53 (T3) is both an interesting and an important decision.’

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Mental Capacity Law and Policy, 24th October 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Developer wins High Court challenge after inspector misinterpreted policy in neighbourhood plan – Local Government Lawyer

Posted October 25th, 2024 in appeals, housing, interpretation, local government, news, planning by sally

‘Housebuilder Cora Homes has won on one of four grounds in a planning appeal, with Mr Justice Mould ruling he could not say the decision of the inspector concerned would have been the same without the error made.’

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Local Government Lawyer, 24th October 2024

Source: www.localgovernmentlawyer.co.uk

Legal rights charity wins tribunal case demanding Government transparency on determination of adult social care funding – Local Government Lawyer

‘The Information Tribunal has ordered HM Treasury and the Ministry of Housing, Communities and Local Government to reveal information requested by legal rights charity Access Social Care around the decision-making processes which determine funding for adult social care.’

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Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

The price of discrimination: school ordered to pay £850,000 to an autistic teacher who it viewed as a ‘persistent complainer’ – Local Government Lawyer

‘Jo Moseley considers the lessons schools and colleges can learn from a recent tribunal decision which involved an autistic teacher who was dismissed after making a number of complaints about various aspects of his employment over a three year period.’

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Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

Court of Protection case update: October 2024 – Local Government Lawyer

Posted October 23rd, 2024 in Court of Protection, local government, news by tracey

‘Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.’

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Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

The importance of due diligence in choosing children’s residential placements – Local Government Lawyer

‘Kristine Lidgerwood aims to provoke thought and encourage thorough system checks based on recent experiences that have raised serious concerns.’

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Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

Stonehenge conservation group fails in Court of Appeal bid for judicial review of dual carriageway development consent – Local Government Lawyer

Posted October 22nd, 2024 in appeals, historic buildings, judicial review, local government, news, planning, roads by tracey

‘Save Stonehenge World Heritage Site, a conservation group aiming to protect the prehistoric structure, has failed in a judicial review challenge to the previous Government’s decision to approve a £2.5bn road scheme through the site.’

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Local Government Lawyer, 21st October 2024

Source: www.localgovernmentlawyer.co.uk

Unsuitable temporary accommodation and discrimination – Nearly Legal

‘Begum, R (On the Application Of) v London Borough of Tower Hamlets (2024) EWHC 2279 (Admin) – Ms Begum had applied as homeless to Tower Hamlets in 2001. She was given temporary accommodation in a studio flat. 5 months later her first child was born. In June 2022, she complained about the suitability of the studio, which at that time was still s.188 accommodation. In October 2022, Tower Hamlets accepted the full duty. An internal memo recorded that Ms B had requested a transfer due to overcrowding. By March 2023, Ms B was pregnant with her second child, with a due date in September 2023. Between May and July 2023 there was correspondence between Ms B’s solicitors and Tower Hamlets on the suitability of the accommodation. The present claim was issued and interim relief ordered in August 2023. Three days later, Tower Hamlets made an offer of accommodation which Ms B accepted.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Upper Tribunal remits rent repayment order case for fresh hearing amid claims of misinformation on council website about HMOs – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has held that potentially inaccurate information on a local authority’s website about houses in multiple occupation (HMO) might give a landlord a reasonable excuse for not having a license in defending a rent repayment order application.’

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Local Government Lawyer, 17th October 2024

Source: www.localgovernmentlawyer.co.uk

Housing Ombudsman issues report on 100 cases of severe maladministration involving damp and mould – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration for how a housing association failed to deal with damp and mould in a home for two years, which left the resident unable to sleep in her bedroom.’

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Local Government Lawyer, 16th October 2024

Source: www.localgovernmentlawyer.co.uk

Attorney General to issue amended guidance for government lawyers on legal risk – Local Government Lawyer

‘The Attorney General, Lord Hermer KC, has announced he is to issue amended guidance for assessing legal risk across government that will seek to “raise the standards for calibrating legality”.’

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Local Government Lawyer, 16th October 2024

Source: www.localgovernmentlawyer.co.uk

Final report into Care Quality Commission identifies “significant internal failings” – Local Government Lawyer

Posted October 16th, 2024 in care homes, doctors, health, hospitals, local government, news, quality assurance by sally

‘The Government has pledged further action to strengthen patient safety after a final report identified “significant internal failings” at the Care Quality Commission (CQC), hampering the regulator’s ability to identify poor performance at hospitals, care homes and GP practices.’

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Local Government Lawyer, 15th October 2024

Source: www.localgovernmentlawyer.co.uk

Government issues statutory guidance for local authorities on kinship care – Local Government Lawyer

Posted October 15th, 2024 in carers, children, families, government departments, local government, news by tracey

‘The Department for Education has published statutory guidance for local authorities and their staff, setting out how councils should support children in kinship care and kinship carers.’

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Local Government Lawyer, 14th October 2024

Source: www.localgovernmentlawyer.co.uk

Mother fleeing domestic abuse placed in unsuitable mixed-sex accommodation by council, Ombudsman finds – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has found that the London Borough of Tower Hamlets failed to consider the impact of placing a vulnerable family with a history of PTSD from domestic abuse in mixed-sex shared accommodation.’

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Local Government Lawyer, 14th October 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge gives reasons for granting councils five-year injunction over Just Stop Oil protests – Local Government Lawyer

‘The High Court has granted Thurrock Council and Essex County Council a five-year injunction subject to yearly review against persons unknown in response to protest activity by Just Stop Oil.’

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Local Government Lawyer, 15th October 2024

Source: www.localgovernmentlawyer.co.uk

Homelessness, disability and reasonable preference under allocation schemes – Nearly Legal

‘RR, R (On the Application Of) v London Borough of Enfield (2024) EWHC 2501 (Admin). This was a judicial review challenge to LB Enfield’s allocation policy for priority on the housing register, on the basis that it discrimated against disabled applicants who had the full housing duty under Part VII Housing Act 1996, who were also disabled.’

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Nearly Legal, 13th October 2024

Source: nearlylegal.co.uk