local government – Page 56 – Current Awareness

Council agrees to pay £3,600+ over failure to secure significant part of SEN support for autistic boy – Local Government Lawyer

Posted February 18th, 2022 in autism, children, compensation, education, learning difficulties, local government, news, ombudsmen, school children, special educational needs by sally

‘A county council has agreed to pay more than £3,600 following a Local Government and Social Care Ombudsman (LGSCO) investigation into how a teenager on the autism spectrum was left without a significant proportion of his agreed special educational needs (SEN) support for up to three years.’

Local Government Lawyer, 17th February 2022

Source: www.localgovernmentlawyer.co.uk

Jimmy Prout murder: Brother welcomes review news – BBC News

Posted February 14th, 2022 in causing death of children or vulnerable adults, local government, murder, news, police, torture by sally

‘A review into the brutal death of a vulnerable man who was tortured and murdered six years ago is due to be finished within weeks, a council said.’

BBC News, 14th February 2022

Source: www.bbc.co.uk

Failure to remove’ claims: some further developments – Local Government Lawyer

Posted February 11th, 2022 in accidents, appeals, duty of care, human rights, local government, negligence, news, police, road safety by sally

‘Paul Stagg analyses the latest rulings of relevance to “failure to remove” claims.’

Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Judge raps council after 13-year-old boy unlawfully deprived of his liberty for five months – Local Government Lawyer

Posted February 11th, 2022 in care orders, children, detention, families, family courts, human rights, local government, news by sally

‘A Family Court judge has sharply criticised a local authority over its failure to seek the court’s authorisation of a deprivation of liberty (DoL) of a 13-year-old boy (AB).’

Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Planning Court judge issues ruling on prior approval and upward extensions – Local Government Lawyer

Posted February 10th, 2022 in local government, news, planning, statutory interpretation by sally

‘The High Court has ruled against claimants in three cases involving how widely a local authority can consider planning matters when dealing with a request for prior approval under the Town and Country Planning (General Permitted Development) (England) Order 2015.’

Local Government Lawyer, 10th February 2022

Source: www.localgovernmentlawyer.co.uk

A case management plea from the EAT – Local Government Lawyer

Posted February 7th, 2022 in appeals, case management, employment, employment tribunals, local government, news by sally

‘Nicholas Siddall QC analyses a recent judgment of the Employment Appeal Tribunal and the guidance there given as to the correct approach to case management by an Employment Tribunal.’

Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk

Duties of care, highways authorities and occupiers of land adjoining the highway – Local Government Lawyer

Posted February 7th, 2022 in accidents, appeals, duty of care, local government, news, road safety, roads, trespass by sally

‘The Court of Appeal recently considered whether claims under the Occupiers’ Liability Act 1984 against occupiers of land adjoining a highway, and against the relevant highway authority, arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. James Marwick, Matthew White and Julian Horne analyse the ruling.’

Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk

Parents in England who fail to register home schooling could face sanctions – The Guardian

Posted February 4th, 2022 in children, consultations, coronavirus, education, families, local government, news, school children, statistics by sally

‘Parents who choose to home educate but fail to register their child with the local authority in England are likely to face sanctions, under government plans for a compulsory national register of children who are not in school.’

The Guardian, 3rd February 2022

Source: www.theguardian.com

Court of Appeal dismisses appeal over council waste collection and alleged state aid – Local Government Lawyer

Posted February 3rd, 2022 in competition, EC law, local government, news, state aids, waste by sally

‘Durham County Council did not abuse its position when it ran a commercial waste service with which private firms competed, the Court of Appeal has concluded.’

Local Government Lawyer, 3rd February 2022

Source: www.localgovernmentlawyer.co.uk

Election Court dismisses challenge to election result over statements in leaflet – Local Government Lawyer

Posted February 3rd, 2022 in elections, local government, mistake, news, planning by sally

‘A Labour councillor in Hartlepool has successfully defended an election petition brought by a defeated opponent who said he had been the victim of a false claim.’

Local Government Lawyer, 3rd February 2022

Source: www.localgovernmentlawyer.co.uk

Child sexual exploitation victims tell of abuse followed by blame – The Guardian

Posted February 2nd, 2022 in child abuse, children, gangs, inquiries, local government, news, police, sexual grooming, sexual offences, victims by sally

‘A report from the Independent inquiry into child sexual abuse has found “extensive failures” in the way child sexual exploitation by criminal gangs is tackled.’

The Guardian, 1st February 2022

Source: www.theguardian.com

High Court rejects claim council was vicariously liable after employee on “frolic of her own” leaked social care records – Local Government Lawyer

Posted January 31st, 2022 in data protection, employment, families, local government, news, vicarious liability by sally

‘Luton Borough Council was not vicariously liable for the acts of an employee who leaked sensitive data about a woman and her children, in what a High Court judge called a “classic case” of the employee being on a “frolic of her own”.’

Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Court of Protection case review – Local Government Lawyer

Posted January 28th, 2022 in Court of Protection, families, freedom of expression, human rights, learning difficulties, local government, media, medical treatment, news, privacy, reporting restrictions by sally

‘Lauren Gardner reports on some significant recent judgments in the Court of Protection.’

Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Age assessment and the Kent Intake Unit social worker guidance – Local Government Lawyer

Posted January 28th, 2022 in asylum, children, detention, duty of care, government departments, immigration, local government, news, refugees, statutory duty, young persons by sally

‘The High Court has ruled that the Home Office acted unlawfully in detaining unaccompanied young people for age assessments at a port in Kent. Shu Shin Luh and Antonia Benfield explain why.’

Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

R(ZLL) v SSHCLG: Everyone In a “call to action” not a policy – Nearly Legal

Posted January 28th, 2022 in charities, government departments, homelessness, housing, judicial review, local government, news, statutory duty by sally

‘In this case, Fordham J scrutinised the nature of “Everyone In” and analysed whether it was a “policy”, such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed discussion of the ingredients that make a policy, and a pithy take on when the need to consult stakeholders arises. The judge finds that Everyone In cannot properly be described as prescriptive policy guidance, but can safely be described as “an initiative”, so the Secretary of State was not bound by the constraints on changing policy. Judgment was given under the old Departmental name, since changed to the snappy Department for Levelling Up, Housing and Communities. The two interested parties, Camden LB Council and Shelter, did not appear.’

Nearly Legal, 24th January 2022

Source: nearlylegal.co.uk

Practice Direction 57AC in practice – Local Government Lawyer

Posted January 28th, 2022 in evidence, local government, news, practice directions, witnesses by sally

‘Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn examine the latest court ruling on PD 57AC.’

Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Listing assets of community value – Local Government Lawyer

Posted January 28th, 2022 in assets of community value, housing, local government, news, planning by sally

‘The High Court has ruled that a council’s refusal to list local sports field as an asset of community value was unlawful. Jenny Wigley QC analyses the judgment’

Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Asset of Community Value – Local Government Law

Posted January 26th, 2022 in assets of community value, housing, local government, news, planning by sally

‘In R (TV Harrison CIC) v Leeds City Council (2022) EWHC 130 (Admin) the claimant community interest company challenged the decision of the City Council to refuse to include the claimant’s Land in the list of Land in its area that is of community value that is maintained under Section 87(1) of the Localism Act 2011. The Land is described as a longstanding sports field and has recently been restored. However, the City Council seeks to proceed with a housing development. “Land of community value” is defined by Section 88 of the Act. Section 88(1)(b) is concerned with future use.’

Local Government Law, 25th January 2022

Source: local-government-law.11kbw.com

Planning enforcement orders and mixed use – Local Government Lawyer

Posted January 24th, 2022 in enforcement, housing, local government, news, planning by sally

‘The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.’

Local Government Lawyer, 21st January 2022

Source: www.localgovernmentlawyer.co.uk

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