Case Comment: Croydon London Borough Council v Kalonga [2022] UKSC 7 – UKSC Blog

‘Ms Chipo Kalonga (“Ms Kalonga”) was the tenant of a property in Croydon under a flexible tenancy for a fixed term of five years from 25 May 2015 to 24 May 2020 (the “Tenancy Agreement“). Croydon London Borough Council was her landlord (“Croydon“).’

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UKSC Blog, 5th April 2022

Source: ukscblog.com

High Court finds council in contempt of court over failure to comply with mandatory injunction on placement planning for autistic young man – Local Government Lawyer

‘A High Court judge has found Cardiff City Council in contempt of court over its failure to comply with a mandatory injunction in a case concerning future placement planning for a young man with a range of diagnoses including autistic spectrum disorder and severe communication and learning difficulties.’

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Local Government Lawyer, 1st April 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal over placement order after judicial analysis “fell significantly short” – Local Government Lawyer

‘The Court of Appeal has overturned a decision to make a placement order for an 18-month-old boy after finding that the judicial analysis “fell significantly short”.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Twins forced into mechanical restraint chairs at school awarded £80k compensation by council – Local Government Lawyer

Posted March 31st, 2022 in compensation, local government, news, restraint, school children by sally

‘Kent County Council has agreed to pay £80,000 in compensation after it admitted a school it ran breached its policy and the Department for Education’s guidance by using mechanical restraint chairs against two boys when they were aged between five and eight years old.’

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Local Government Lawyer, 30th March 2022

Source: www.localgovernmentlawyer.co.uk

Case Comment: In The Matter of T (A Child) [2021] UKSC 35 – UKSC Blog

‘In this post, Matthew Purchase QC of Matrix Chambers discusses the Supreme Court’s decision in the matter of T (A Child) [2021] UKSC 35. The Court was asked to consider two things: first, whether it was a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case, and secondly if, contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what the relevance is of the child’s consent to the proposed living arrangements.’

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UKSC Blog, 30th March 2022

Source: ukscblog.com

Planning Court judge rejects out of time bid to challenge Community Infrastructure Levy liability – Local Government Lawyer

Posted March 31st, 2022 in judicial review, local government, news, planning, time limits by sally

‘A challenge to an East Suffolk Council community infrastructure levy (CIL) liability notice was made so long outside the time allowed for judicial review that there was no reason to vary this, the High Court has ruled.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Judge refuses Tesco permission to bring judicial review challenges over permissions for new Aldi store – Local Government Lawyer

Posted March 30th, 2022 in judicial review, local government, news, planning by sally

‘A High Court judge has refused Tesco permission to bring two judicial review claims over grants of planning permission by Havering Council that will facilitate a new Aldi store in Romford.’

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Local Government Lawyer, 29th March 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court agrees to hear case where town council sold land subject to statutory trust without complying with statutory requirements – Local Government Lawyer

Posted March 29th, 2022 in appeals, local government, news, planning, sale of land, trusts by sally

‘The Supreme Court has granted permission to appeal in a dispute over what happens when a local authority disposes of land subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements.’

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Local Government Lawyer, 29th March 2022

Source: www.localgovernmentlawyer.co.uk

Fixed term secure tenancies and forfeiture – Nearly Legal

‘Croydon London Borough Council v Kalonga (2022) UKSC 7. In which the Supreme Court considered the position on termination of “flexible tenancies” – fixed term secure tenancies – during the fixed term. We saw the Court of Appeal judgment dismissing Croydon’s appeal of the dismissal of its possession claim. Croydon then appealed to the Supreme Court.’

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Nearly Legal, 27th March 2022

Source: nearlylegal.co.uk

Greater Manchester: Bus firm appeals against public control ruling – BBC News

Posted March 28th, 2022 in appeals, consultations, judicial review, local government, news, transport by sally

‘A bus operator that lost a legal battle to stop Greater Manchester’s bus network returning to public control is appealing against the ruling.’

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BBC News, 27th March 2022

Source: www.bbc.co.uk

The Court of Protection and transparency – Local Government Lawyer

‘Lauren Gardner analyses a Court of Protection ruling on whether proceedings in relation to a 21-year-old woman should be open to the public and whether the judgment should be published.’

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Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

In accordance with parameter plans – Local Government Lawyer

Posted March 25th, 2022 in interpretation, local government, news, planning by sally

‘What does it mean to be “in accordance with” an approved plan? Daniel Kolinsky QC and Ben Fullbrook examine a recent High Court ruling.’

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Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

Teaching assistant attacked by five-year-old who was ‘big for his age’ wins six-figure payout – Daily Telegraph

‘A former teaching assistant has been awarded a six-figure payout after suing her bosses over an attack by a five-year-old who was “big for his age”.’

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Daily Telegraph, 22nd March 2022

Source: www.telegraph.co.uk

Local authority ordered to pay 85% of costs of wasted Court of Protection hearing – Local Government Lawyer

‘A local authority that was seeking to restrict a woman’s access to social media has been ordered to pay 85% of the Official Solicitor’s costs after the council was late in submitting assessments and a position statement.’

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Local Government Lawyer, 22nd March 2022

Source: www.localgovernmentlawyer.co.uk

Two new cases where parents try to stop adoptions – Transparency Project

‘This post is about two recent judgments with a similar theme – attempts by birth parents to stop an adoption going through, on the legal basis of caselaw interpretation of the Adoption and Children Act 2002 that their circumstances had changed and that the original welfare decision and plan therefore need reconsidering. One, Re D, is a decision on leave to apply to revoke placement orders and the second, Re A and B, is a decision on opposing adoption orders. This means that the children in Re D are not yet living with prospective adopters, although the children in Re A and B are.’

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Transparency Project, 20th March 2022

Source: www.transparencyproject.org.uk

Council prosecution sees homeowner ordered to pay £40k+ for unauthorised extension – Local Government Lawyer

Posted March 21st, 2022 in confiscation, enforcement notices, fines, housing, local government, news, planning by sally

‘A homeowner who built a side and rear extension without planning permission, was refused planning permission, and then failed to demolish the extension which was being rented out as an independent self-contained unit has been ordered to pay more than £40,000 by way of a fine, costs and a confiscation order.’

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Local Government Lawyer, 21st March 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman makes two severe maladministration findings against major social landlord over handling of temporary move for resident with vulnerabilities – Local Government Lawyer

‘The Housing Ombudsman has made two severe maladministration findings for L&Q’s failure to minimise the disruption of a temporary move for a resident with physical and mental health vulnerabilities.’

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Local Government Lawyer, 15th March 2022

Source: www.localgovernmentlawyer.co.uk

Landlord couple ordered to pay £27,000 after renting property ‘not fit for human habitation’ – Local Government Lawyer

Posted March 16th, 2022 in fines, health & safety, housing, landlord & tenant, local government, news by sally

‘Husband and wife landlords whose tenants had to live with no heating, broken fire safety equipment and raw sewage outside their Northwood property have been ordered to pay £27,000.’

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Local Government Lawyer, 15th March 2022

Source: www.localgovernmentlawyer.co.uk

Farrar Out – Local Government Lawyer

‘Clare Mendelle and James Goldthorpe discuss how the insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Mayor of Greater Manchester defeats High Court challenge over bus franchising and impact of pandemic – Local Government Lawyer

Posted March 14th, 2022 in appeals, contracting out, coronavirus, local government, news, transport by sally

‘Two bus operators have lost a High Court challenge to the decision by Andy Burnham, elected mayor of Greater Manchester, to proceed with bus franchising.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk