Wetlands protection law delays building of new homes in England – The Guardian

‘A legal requirement that new houses do not pollute nearby wetlands, rivers and nature reserves has halted development across a swath of England.’

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The Guardian, 2nd May 2022

Source: www.theguardian.com

County council defends High Court claim brought after driver killed by falling tree – Local Government Lawyer

‘Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Children law cases and parents with learning disabilities – Local Government Lawyer

‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (on the application of Coughlan) v Minister for the Cabinet Office [2022] UKSC 11 – UKSC Blog

Posted April 28th, 2022 in elections, identification, local government, news, pilot schemes, ultra vires by sally

‘This appeal concerns a challenge brought by the Appellant to orders made by the Respondent in respect of Braintree District Council and nine other local authorities (“the Pilot Orders”). These Pilot Orders authorised schemes to temporarily change the rules set out in secondary legislation governing local elections. These schemes, which were implemented in ten local authority areas in respect of the local government elections in May 2019, each introduced a new requirement for some form of voter identification for those local elections.’

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UKSC Blog, 27th April 2022

Source: ukscblog.com

Re H [2022]EWFC 10: Guidance in Learning Disability Cases – Transparency Project

‘The Good Practice Guidance for working with parents with a learning disability was first published in 2007 by the Department of Health / Department for Education and Skills. Fifteen years and two revisions later, awareness of it remains patchy. In Re H [2022] EWFC 10 (19 January 2022), where the mother’s learning disability was a central feature of the case, the children’s social worker admitted that she was unfamiliar with the Guidance.’

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Transparency Project, 26th April 2022

Source: transparencyproject.org.uk

Social workers failed to act quickly to protect neglected toddler, inquiry says – The Guardian

‘Social workers failed to act to protect a vulnerable toddler less than three weeks before she was hospitalised with a broken arm, despite warnings that she was neglected and at risk of harm, an inquiry report has concluded.’

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The Guardian, 26th April 2022

Source: www.theguardian.com

The Observer view on failures of the child protection system – The Guardian

‘Two decades after the Victoria Climbié case led to an inquiry, recent deaths show we have learned little from such tragedies.’

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The Guardian, 24th April 2022

Source: www.theguardian.com

Supreme Court to issue ruling next week on lawfulness of voter ID pilot schemes – Local Government Lawyer

‘The Supreme Court will next week (27 April) issue its ruling on whether the voter identification (“ID”) pilot schemes that were implemented in the May 2019 local government elections were lawful.’

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Local Government Lawyer, 21st April 2022

Source: www.localgovernmentlawyer.co.uk

Logan Mwangi: mother, stepfather and unnamed teen found guilty of murder – The Guardian

‘A five-year-old boy was murdered by his mother, stepfather and a 14-year-old youth after months of abuse and imprisonment in the “dungeon” of his small, dark bedroom, a jury has found.’

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The Guardian, 21st April 2022

Source: www.theguardian.com

Ombudsman criticises council after child left without suitable educational provision for 14 months – Local Government Lawyer

‘An investigation by the Local Government and Social Care Ombudsman has seen Southend-on-Sea City Council agree to pay £9,000 to the mother of a child who was left without suitable schooling for more than a year.’

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Local Government Lawyer, April 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.’

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Family Law, 11th April 2022

Source: www.familylaw.co.uk

Ombudsman raps council for using incorrect information to place child on protection plan – Local Government Lawyer

Posted April 11th, 2022 in children, complaints, families, local government, news, ombudsmen, social services by sally

‘Buckinghamshire Council caused significant distress after it shared incorrect information and failed to suitably include a mother in its process when deciding to place her child on a child protection plan, the Local Government and Social Care Ombudsman has found.’

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Local Government Lawyer, 11th April 2022

Source: www.localgovernmentlawyer.co.uk

High Court quashes grant of planning permission by Secretary of State for Holocaust memorial – Local Government Lawyer

Posted April 11th, 2022 in Judaism, local government, news, parks, parliament, planning by sally

‘A High Court judge has quashed the Secretary of State’s decision to grant planning permission for a Holocaust memorial and learning centre in a park bordering the Palace of Westminster.’

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Local Government Lawyer, 11th April 2022

Source: www.localgovernmentlawyer.co.uk

Breach of injunction preventing works on woodland site sees landowner receive jail sentence – Local Government Lawyer

‘A landowner in Kent has been given a custodial term of eight months imprisonment, with two months immediate custody and six suspended for 18 months, for breaching an injunction against works on an ancient woodland site.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

High Court dismisses neighbourhood plan challenge (R (Park Lane Homes (South East) Limited) v Rother District Council) – No. 5 Chambers

Posted April 8th, 2022 in chambers articles, housing, local government, news, planning by sally

‘The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum. Among the issues were whether national policy and guidance required a neighbourhood plan to allocate sites for housing to meet a strategic requirement in the development plan and the requirements of procedural fairness during the neighourhood plan-making process. The High Court dismissed the claim. Written by Howard Leithead, barrister at No5 Barristers’ Chambers.’

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No. 5 Chambers, 4th April 2022

Source: www.no5.com

High Court judge refuses to block trip by vulnerable adult abroad but urges her not to go – Local Government Lawyer

‘A young adult with a lifelong serious mental illness should not be prevented from visiting a man in Brazil suspected of grooming her, but should very carefully consider the wisdom of doing so, a Deputy High Court judge has said.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Judge gives guidance on care cases where parent has learning disability – Local Government Lawyer

‘A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Profit making private providers of children’s care & breaches of Article 5 – Garden Court Chambers

‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’

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Garden Court Chambers, 4th April 2022

Source: www.gardencourtchambers.co.uk

Council concedes High Court challenge to grant of prior approval over failure to undertake sufficient inquiries – Local Government Lawyer

Posted April 7th, 2022 in local government, news, planning by sally

‘A council has conceded a High Court challenge to its grant of prior approval for a maize storage bunker and effluent tanker on a farm, over its failure to undertake sufficient inquiries for the purposes of establishing that the application was for permitted development within the class.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Case Comment: R (on the application of Z) v Hackney LBC [2020] UKSC 40 – UKSC Blog

‘The narrow result of this appeal is that, on the facts, it was proportionate and lawful for a charity to restrict the allocation of its housing stock to Orthodox Jewish families. However, in reaching that conclusion, Lord Sales, giving the leading judgment, made a number of points of wider importance.’

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UKSC Blog, 4th April 2022

Source: ukscblog.com