Landlord loses court battle with local authority over costs agreement reached by his counsel – Local Government Lawyer

‘A cost agreement cannot be undone simply because one party claimed to have stopped instructing the barrister concerned.’

Full Story

Local Government Lawyer, 19th May 2022

Source: www.localgovernmentlawyer.co.uk

And no extensions – Nearly Legal

‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’

Full Story

Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

Landlord ordered to pay £230k over flats that were below minimum size standards and not in compliance with planning permission – Local Government Lawyer

‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’

Full Story

Local Government Lawyer, 17th May 2022

Source: www.localgovernmentlawyer.co.uk

Woman convicted of murdering baby she wanted to adopt – The Guardian

‘A former care worker who used physical force and lost her temper with a baby boy she was in the process of adopting has been found guilty of murder.’

Full Story

The Guardian, 17th May 2022

Source: www.theguardian.com

Levelling Up and Regeneration Bill – how is the planning system changing? – Local Government Lawyer

Posted May 17th, 2022 in bills, local government, news, planning by sally

‘Bob Pritchard picks out key elements of the explanatory notes to the Levelling Up and Regeneration Bill to see what changes are in store for the planning system.’

Full Story

Local Government Lawyer, 16th May 2022

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees building materials company hit with £400k fine for health and safety offence – Local Government Lawyer

Posted May 17th, 2022 in construction industry, fines, health & safety, local government, news by sally

‘A prosecution brought by Thanet District Council has seen a building materials company fined £400,000 over an incident that left one employee with life-changing injuries and a second suffering from deep cuts and lacerations.’

Full Story

Local Government Lawyer, 16th May 2022

Source: www.localgovernmentlawyer.co.uk

Government to make it easier to levy penalties on companies responsible for leaving potholes – Local Government Lawyer

Posted May 16th, 2022 in local government, news, penalties, roads by sally

‘Local authorities will be able to scrutinise poorly performing road work companies more often as part of a new performance-based inspections regime aimed at preventing poor quality road works. The new Government policy will see the worst performing utility companies face financial penalties if they fail to meet “strict” standards.’

Full Story

Local Government Lawyer, 16th May 2022

Source: www.localgovernmentlawyer.co.uk

Herefordshire Council social services separated twins despite expert warnings – BBC News

‘Twins were wrongly split up for adoption after social workers altered an expert report warning of the harm of separation.’

Full Story

BBC News, 16th May 2022

Source: www.bbc.co.uk

EV charging infrastructure – construction, projects, planning and tax issues – Practical Law: Construction Blog

‘In the third and final blog in our series looking at common queries on the roll out of EV infrastructure (see our previous blogs on progress and challenges and landlord and tenant issues) we focus on construction, planning and tax aspects.’

Full Story

Practical Law: Construction Blog, 11th May 2022

Source: constructionblog.practicallaw.com

New Acts – legislation.gov.uk

2022 c. 28 – Marriage and Civil Partnership (Minimum Age) Act 2022

2022 c. 27 – Approved Premises (Substance Testing) Act 2022

2022 c. 26 – Glue Traps (Offences) Act 2022

2022 c. 22 – Animal Welfare (Sentience) Act 2022

2022 c. 20 – Professional Qualifications Act 2022

2022 c. 17 – Local Government (Disqualification) Act 2022

2022 c. 36 – Nationality and Borders Act 2022

2022 c. 34 – British Sign Language Act 2022

2022 c. 32 – Police, Crime, Sentencing and Courts Act 2022

2022 c. 29 – Taxis and Private Hire Vehicles (Disabled Persons) Act 2022

2022 c. 24 – Cultural Objects (Protection from Seizure) Act 2022

Source: www.legislation.gov.uk

Council facing judicial review challenge over approval of plans to double size of poultry farm – Local Government Lawyer

‘A judicial review application has been made against Powys County Council over its decision to grant planning permission for the expansion of a poultry farm that is in the catchment area of a Special Area of Conservation.’

Full Story

Local Government Lawyer, 10th May 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman investigation sees council agree to repay five years of care fee top-ups after it failed to offer affordable alternative placement first – Local Government Lawyer

‘Stockport Metropolitan Borough Council has agreed to reimburse “a significant amount of money” to a woman after it did not offer her mother an affordable care home placement, before asking her to pay a top-up towards her mother’s fees.’

Full Story

Local Government Lawyer, 6th May 2022

Source: www.localgovernmentlawyer.co.uk

Off into the Somerset – Local Government Lawyer

‘The President of the Family Division has issued new guidance on remedying breaches of the Adoption Agency Regulations 2005. Jess Purchase sets out the key points.’

Full Story

Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer

‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’

Full Story

Local Government Lawyer, 5th May 2022

Source: www.localgovernmentlawyer.co.uk

Data breach litigation — more useful High Court guidance – Local Government Lawyer

Posted May 6th, 2022 in damages, data protection, local government, news by sally

‘The High Court has provided further guidance on two important issues in data breach claims, writes Peter Wake.’

Full Story

Local Government Lawyer, 6th May 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsmen release joint guidance to tackle common mistakes in aftercare of mental health in-patients – Family Law

‘The Parliamentary and Health Service Ombudsman (PHSO) and the Local Government and Social Care Ombudsman (LGSCO) have released new guidance to tackle common and repeated mistakes seen in the aftercare of patients receiving support under the Mental Health Act.’

Full Story

Family Law, 5th May 2022

Source: www.familylaw.co.uk

No messing about – Nearly Legal

Posted May 5th, 2022 in homelessness, housing, local government, news, statutory duty by sally

‘Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of Appeal.’

Full Story

Nearly Legal, 4th May 2022

Source: nearlylegal.co.uk

Supreme Court to consider rent repayment order regime and superior landlords – Local Government Lawyer

‘The Supreme Court has granted permission to appeal in a case concerning the Rent Repayment Order regime in the Housing Act 2004 and Housing and Planning Act 2016, it has been reported.’

Full Story

Local Government Lawyer, 4th May 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court grants permission to appeal over gang injunction secured by council – Local Government Lawyer

‘The Supreme Court has agreed to hear an appeal over whether a gang injunction obtained by Birmingham City Council breached human rights law.’

Full Story

Local Government Lawyer, 3rd May 2022

Source: www.localgovernmentlawyer.co.uk

Covid breach court case criticised by Bedford gym owner – BBC News

Posted May 3rd, 2022 in coronavirus, local government, news, penalties, prosecutions, regulations by sally

‘A gym boss who is among 20 people who overturned a prosecution for a gym-related Covid breach said the case against him was a waste of time.’

Full Story

BBC News, 3rd May 2022

Source: www.bbc.co.uk