High Court judge sets aside order requiring council to provide interim relief to asylum seeker bringing legal challenge over age assessment – Local Government Lawyer

‘A High Court judge has granted an application from Liverpool City Council to set aside his order requiring it to provide interim relief to an asylum seeker who claimed that an age assessment carried out by the local authority was “erroneous”.’

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Local Government Lawyer, 21st February 2023

Source: www.localgovernmentlawyer.co.uk

NHS trust faces £35k bill after legal row – BBC News

Posted February 22nd, 2023 in fees, hospitals, local government, news by sally

‘A Leicestershire NHS trust has been ordered to pay Harborough District Council £35,000 in legal fees after losing a court battle.’

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BBC News, 21st February 2023

Source: www.bbc.co.uk

Highways: expecting the unexpected – Local Government Lawyer

Posted February 20th, 2023 in health & safety, local government, news, repairs, roads by sally

‘In the second in a series of articles, Jack Harding focuses on lesser-known case law which may assist in defending claims brought against highways authorities for failing to maintain the highway under section 41 of the Highways Act 1980 and its predecessors.’

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Local Government Lawyer, 17th February 2023

Source: www.localgovernmentlawyer.co.uk

Five councils launch judicial review over expansion of Ultra Low Emissions Zone in London – Local Government Lawyer

‘A coalition of five councils have launched a judicial review into the Major of London’s decision to expand London’s Ultra Low Emissions Zone (ULEZ).’

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Local Government Lawyer, 17th February 2023

Source: www.localgovernmentlawyer.co.uk

Four English councils bring half of legal actions for blue badge misuse – The Guardian

Posted February 20th, 2023 in disabled persons, fraud, local government, news, parking, prosecutions, statistics by sally

‘Four councils are responsible for bringing more than half of the prosecutions in England for people abusing the use of disabled parking badges. Figures released by the Department for Transport (DfT) show that Lambeth, Birmingham, Hammersmith and Fulham, and Bromley carried out 54% of all legal cases for people misusing the blue badge system, for the year up to the end of March 2021.’

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The Guardian, 20th February 2023

Source: www.theguardian.com

Reopening findings of fact: fairness of hearing – Local Government Lawyer

‘A High Court judge recently granted an application to reopen findings of fact in a case centring on allegations of serious non-accidental injury. Rajni Virk considers the decision and practical issues that arise.’

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Local Government Lawyer, 17th February 2023

Source: www.localgovernmentlawyer.co.uk

Ombudsman makes severe maladministration finding against council after family left “with unsafe and rotting windows” – Local Government Lawyer

Posted February 16th, 2023 in housing, local government, news, ombudsmen, repairs by sally

‘The Housing Ombudsman has found severe maladministration for the London Borough of Hammersmith and Fulham’s continued repairs failings over 18 months, which left a family in “unsafe conditions”.’

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Local Government Lawyer, 16th February 2023

Source: www.localgovernmentlawyer.co.uk

Ministry of Justice widens scope of legal aid to cover looked-after children with SEN – Local Government Lawyer

‘The Ministry of Justice has changed the law so that foster parents and approved prospective adopted parents bringing SEND appeals on behalf of a looked-after child will “not be means assessed”.’

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Local Government Lawyer, 14th February 2023

Source: www.localgovernmentlawyer.co.uk

Legal victory in UK Japanese knotweed case could lead to more claims – The Guardian

Posted February 15th, 2023 in appeals, damages, housing, local government, news, railways by sally

‘A significant legal victory in a case brought by a householder affected by Japanese knotweed has raised the prospect of an increase in claims from people stricken by the hazardous plant.’

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The Guardian, 14th February 2023

Source: www.theguardian.com

Tenant jailed for council housing fraud estimated to have cost local authority £200k – Local Government Lawyer

Posted February 14th, 2023 in fraud, guilty pleas, housing, local government, news by sally

‘A tenant who fraudulently obtained council housing in Dudley by lying about the fact she owned a property has been jailed for 32 months.’

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Local Government Lawyer, 13th February 2023

Source: www.localgovernmentlawyer.co.uk

Why an exceptional view might constitute a nuisance against your neighbours – Local Government Lawyer

Posted February 13th, 2023 in appeals, housing, injunctions, local government, news, nuisance, privacy, Supreme Court by sally

‘Anjali Patel looks at the lessons to be learned from the Supreme Court’s ruling in the Tate Modern viewing platform dispute.’

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Local Government Lawyer, 10th February 2023

Source: www.localgovernmentlawyer.co.uk

Highways: the ‘rule of thumb’ – Local Government Lawyer

Posted February 13th, 2023 in local government, news, road safety, roads by sally

‘In the first in a series of articles Jack Harding delves into some of the lesser-known authorities relating to the Highway Authority’s duty to maintain the highway under the Highways Act 1980.’

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Local Government Lawyer, 10th February 2023

Source: www.localgovernmentlawyer.co.uk

Appeal rights exhausted care leavers and human rights assessments – Local Government Lawyer

Posted February 13th, 2023 in appeals, asylum, children, human rights, immigration, local government, news, social services by sally

‘A local authority recently conceded that Children Act 1989 duties take precedence over residual and discretionary Immigration Act 1999 powers. Amanda Weston KC and Maria Moodie explain why.’

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Local Government Lawyer, 10th February 2023

Source: www.localgovernmentlawyer.co.uk

Compulsory purchase review to ensure laws are fit for future development projects – Law Commission

Posted February 13th, 2023 in compulsory purchase, Law Commission, local government, news by sally

‘The Law Commission of England and Wales has announced that it will begin a review of the legislation governing compulsory purchase, in order to make the law simpler, consistent and more accessible.’

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Law Commission, 6th February 2022

Source: www.lawcom.gov.uk

College lecturer Zoe Griffith dishonest over grades, hearing told – BBC News

‘A lecturer who gave students grades without fully assessing their work has been banned from the profession.’

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BBC News, 12th February 2023

Source: www.bbc.co.uk

Court of Protection issues guidance on ‘closed hearings’ and ‘closed material’ – Local Government Lawyer

‘The Vice President of the Court of Protection has issued guidance on Court of Protection ‘closed hearings’ and ‘closed material’.’

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Local Government Lawyer, 9th February 2023

Source: www.localgovernmentlawyer.co.uk

Wood burners in effect banned in new and refurbished homes in London – The Guardian

Posted February 9th, 2023 in energy, housing, local government, London, news, planning, pollution by sally

‘Wood burners have been in effect banned in new and refurbished buildings in London. New planning guidance announced by the mayor sets air pollution limits for home and office developments that would not be met if burners for wood or other solid fuels were installed.’

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The Guardian, 8th February 2023

Source: www.theguardian.com

Law Commission launches review of “fragmented and complex” compulsory purchase laws – Local Government Lawyer

‘The Law Commission has announced it will launch a review of the legislation governing compulsory purchase, with a view to making the law “simpler, consistent and more accessible”.’

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Local Government Lawyer, 7th February 2023

Source: www.localgovernmentlawyer.co.uk

Ombudsman sees “significant increase” in heating and hot water cases – Local Government Lawyer

Posted February 8th, 2023 in complaints, housing, landlord & tenant, local government, news, ombudsmen, statistics by sally

‘The Housing Ombudsman has revealed that it has seen a 60% increase in complaints on heating and hot water, with 1,600 received in 2021/22 and 1,491 received already in 2022/23.’

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Local Government Lawyer, 7th February 2023

Source: www.localgovernmentlawyer.co.uk

Case Preview: Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 7th, 2023 in injunctions, local government, news, Supreme Court, travellers, trespass by sally

‘In this post, Frankie McPeanne, a trainee solicitor, and Emma Pinkerton, a Partner, both in the Real Estate Disputes team at CMS, preview the decision awaited from the Supreme Court in Wolverhampton City Council and others (Respondents) v London Gypsies and Travellers and others (Appellants), which is due to be heard on 8 February 2023.’

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UKSC Blog, 6th February 2023

Source: ukscblog.com