Failure to remove claims – the Osman test – Local Government Lawyer

Posted March 11th, 2022 in domestic violence, families, local government, news, statutory duty by sally

‘Jack Harding examines case law on failure to remove claims and the application of the Osman test in the context of domestic violence.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Roderick Morton examines a High Court appeal against an inspector’s decision refusing a lawful development certificate (LDC) for stationing of mobile homes on a caravan site for permanent occupation. – Local Government Lawyer

Posted March 11th, 2022 in housing, local government, news, time limits by sally

‘In St Anne’s Court Dorset Limited v SSHCLG and Dorset Council [2021] EWHC 2954 (QB) permission was granted in 1980 for use of the appeal site as a “site for touring caravans”. Conditions required that not more than 15 “touring camping units” could be stationed on the site, that a 2-week time limit applied to any stay, that the site could only be used seasonally between 1 March and 31 October and that no “camping units” could be used as permanent residential units.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Assets of community value – House of Commons Library

Posted March 11th, 2022 in assets of community value, local government, news, parliament by sally

‘This briefing paper outlines the the “community right to bid” for “assets of community value”, introduced into England by the Localism Act 2011. It also covers other community powers regarding land and property, including community asset transfer, the Right to Contest, and equivalent provisions in Scotland and Wales.’

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House of Commons Library , 10th March 2022

Source: commonslibrary.parliament.uk

Claimants secure key High Court ruling on timeframe for reviewing Education, Health and Care plans – Local Government Lawyer

Posted March 10th, 2022 in delay, local government, news, notification, special educational needs by sally

‘The High Court has ruled in favour of three claimants in a dispute over whether there is a fixed timeframe in respect of steps in the amendment of an Education, Health and Care (EHC) plan where a local authority accepts amendment is necessary, during the compulsory statutory annual review.’

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Local Government Lawyer, 9th March 2022

Source: www.localgovernmentlawyer.co.uk

Serial fly-tipper jailed after three councils pool legal resources and bring joint prosecution – Local Government Lawyer

Posted March 10th, 2022 in local government, news, prosecutions, sentencing, waste by sally

‘A joint prosecution by three councils has seen a serial fly-tipper sentenced to 21 months in prison and his van seized. Hillingdon Council teamed up with Buckinghamshire Council and Sutton Council to tackle what was described as Dean Stanley’s “deliberate and flagrant” campaign of dumping.’

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Local Government Lawyer, 10th March 2022

Source: www.localgovernmentlawyer.co.uk

Andy Burnham’s move to bring bus services under public control ‘not unlawful’ – The Independent

Posted March 10th, 2022 in consultations, contracting out, local government, news, transport by sally

‘Andy Burnham’s decision to reform bus services to bring them under public control in Greater Manchester was not unlawful, a High Court judge has found in a ruling against two bus companies.’

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The Independent, 9th March 2022

Source: www.independent.co.uk

Protecting the identity of a child whose sibling has been killed by their parents – Transparency Project

‘This was the issue in the landmark human rights case, Re S [2004] UKHL 47, in which Lord Steyn formulated the test in balancing privacy interests under Article 8 of the European Convention on Human Rights with freedom of expression interests under Article 10. Lord Steyn’s formula is relied on (or should be) every time the media argue that it’s in the public interest to breach someone’s Article 8 rights. Likewise, every time an individual argues their privacy rights outweigh freedom of expression, we go to Re S.’

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Transparency Project, 8th March 2022

Source: www.transparencyproject.org.uk

Just over half of judicial review judgments are available to the public on Bailii: report – Local Government Lawyer

‘Of the 5,408 unique judgments given by the Administrative Court from 1 January 2015 to 31 December 2020, only 55% (3,001) are available to the public on BAILII, research has suggested.’

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Local Government Lawyer, 8th March 2022

Source: www.localgovernmentlawyer.co.uk

Indirect effects and environmental impact assessment – Local Government Lawyer

‘In Finch the Court of Appeal has declined to define significant indirect effects for environmental impact assessment (EIA). Barristers at Cornerstone Barristers consider the ruling.’

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Local Government Lawyer, 4th March 2022

Source: www.localgovernmentlawyer.co.uk

Neighbourhood plans and draft Local Plan allocation – Local Government Lawyer

Posted March 7th, 2022 in housing, judicial review, local government, news, planning by sally

‘A parish council recently won an important victory over whether a neighbourhood plan prevails over draft Local Plan allocation. Meyric Lewis and Kate Olley examine the ruling.’

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Local Government Lawyer, 4th March 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Special Educational Needs: support in England – House of Commons Library

‘This House of Commons Library briefing sets out the system of support for children and young people in England aged 0-25 with special educational needs (SEN).’

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House of Commons Library , 1st March 2022

Source: commonslibrary.parliament.uk

Scottish law firm can be sued for negligence in England – Legal Futures

‘A Scottish law firm, which has no offices south of the border, has failed in a jurisdiction challenge to halt a negligence claim over advice a solicitor gave over a Cornish wind farm project.’

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Legal Futures, 4th March 2022

Source: www.legalfutures.co.uk

Draft guidelines published to help improve practice when the state acts to safeguard a baby at birth – Family Law

Posted March 4th, 2022 in birth, care orders, children, families, local government, news by sally

‘Draft guidelines to help improve practice when the state acts to safeguard a baby at birth have been published by Nuffield Family Justice Observatory (Nuffield FJO) and are being tested for feasibility in sites across England and Wales.’

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Family Law, 3rd March 2022

Source: www.familylaw.co.uk

County fires gun on procurement of £369k legal case management system amid mini-flurry of contract awards by local authorities – Local Government Lawyer

‘Gloucestershire County Council has started the procurement of a fully developed, off the shelf, cloud-based Legal Case Management System with Court Bundling System.’

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Local Government Lawyer, 2nd March 2022

Source: www.localgovernmentlawyer.co.uk

English appeal court rules on assessment of indirect emissions in consent applications – OUT-LAW.com

‘Applications for planning permission for projects in England and Wales will need to provide “utmost clarity” on their potential indirect environmental impacts in the wake of a new court judgment.’

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OUT-LAW.com, 1st March 2022

Source: www.pinsentmasons.com

Mental capacity, end of life care and religion: MR & Ors – Law & Religion UK

Posted March 2nd, 2022 in care homes, Court of Protection, Judaism, local government, news by sally

‘In London Borough of X v MR & Ors [2022] EWCOP 1, MR, aged 86, was living with dementia and was expected to die at some time between the spring of 2022 and the spring of 2024. He had been discharged from hospital to CC Nursing Home during the first COVID emergency, where he was held under a standard Deprivation of Liberty issued by the local authority. The sole issue before the Court was not whether it was in MR’s best interests to return home but whether he should remain at CC Nursing Home or move to a Jewish care home.’

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Law & Religion UK, 2nd March 2022

Source: lawandreligionuk.com

Supreme Court to hear appeal over ruling by coroner that Article 2 ECHR not engaged where vulnerable woman died – Local Government Lawyer

‘The Supreme Court has granted permission to appeal over a coroner’s ruling that Article 2 of the European Convention on Human Rights (Right to life) was not engaged in a case where a vulnerable, 52-year-old woman with Down’s syndrome and learning disabilities died.’

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Local Government Lawyer, 1st March 2022

Source: www.localgovernmentlawyer.co.uk

DWP faces legal action over use of algorithm in decisions over fraud investigations – Local Government Lawyer

‘The Greater Manchester Coalition of Disabled People (GMCDP) and non-profit legal group Foxglove have sent the Department for Work & Pensions (DWP) a letter before action over its use of a computer algorithm when deciding on who should be investigated for fraud.’

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Local Government Lawyer, 23rd February 2022

Source: www.localgovernmentlawyer.co.uk

Homelessness – second applications and new facts threshold – Nearly Legal

Posted February 21st, 2022 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This was Mr Minott’s appeal from a judicial review that upheld Cambridge’s refusal to accept a second homeless application.’

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Nearly Legal, 19th February 2022

Source: nearlylegal.co.uk

UK wildlife campaigners call for legal right to access nature for all – The Guardian

Posted February 21st, 2022 in environmental health, equality, health, local government, news, planning, statistics by sally

‘Everyone in the UK should be legally entitled to equal access to nature, wildlife campaigners will tell the government.’

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The Guardian, 21st February 2022

Source: www.theguardian.com