High Court judge rejects appeal by couple over listing of property as two self-contained units for purposes of council tax – Local Government Lawyer

Posted November 25th, 2021 in appeals, council tax, housing, local government, news, valuation by sally

‘A couple has lost a High Court appeal over a council tax valuation dispute with Oxford City Council.’

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Local Government Lawyer, 25th November 2021

Source: www.localgovernmentlawyer.co.uk

Covid passes: Swansea cinema faces court over law breach – BBC News

Posted November 25th, 2021 in coronavirus, health & safety, local government, news, vaccination, Wales by sally

‘A cinema owner who defied the law by refusing to ask for Covid passes is facing court action.’

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BBC News, 24th November 2021

Source: www.bbc.co.uk

London borough to pay £8k+ after family remained in unsuitable accommodation for 23 months – Local Government Lawyer

‘The London Borough of Newham is to pay more than £8,000 to a mother of four after failing to move her and her family from “overcrowded and hazardous” accommodation for almost two years, following an investigation by the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 23rd November 2021

Source: www.localgovernmentlawyer.co.uk

Recitation is not application – Nearly Legal

‘SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere). Our thanks to Justine Compton of Garden Court Chambers for the following note of a section 204 appeal judgment on a priority need decision, refused at s.184 and s.202 review, which features (once again) Now Medical reports done with no face to face assessment being preferred by the local authority decision makers over direct and specialist medical reports submitted by the applicant.’

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Nearly Legal, 21st November 2021

Source: nearlylegal.co.uk

The importance of due process, communication and fairness in employee conduct investigations – what you need to know. – Local Government Lawyer

‘Julie Bann and James Hughes discuss the importance of fairness in employee conduct investigations, taking a look at the London Borough of Hammersmith and Fulham -v- Mr S Keable case.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk

High Court dismisses judicial review over approach by council to deciding if suitable home education is taking place – Local Government Lawyer

‘The High Court has dismissed a legal challenge to the way in which Portsmouth City Council discharges its duties under the Education Act 1996 in respect of home-educated children.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk

Zane Gbangbola: Landfill concerns raised before flood death – BBC News

‘Concerns were raised in 2010 over a former landfill site which later became the focus of a dispute over a seven-year-old’s death, it has emerged.’

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BBC news, 22nd November 2021

Source: www.bbc.co.uk

Jeremy Corbyn takes legal action over Tory councillor’s tweet about Liverpool terror attack – Daily Telegraph

Posted November 18th, 2021 in internet, local government, news, terrorism by sally

‘Former Labour leader Jeremy Corbyn is taking legal action over a tweet that appeared to be mocking the Liverpool terrorist attack.’

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Daily Telegraph, 18th November 2021

Source: www.telegraph.co.uk

Reasonable evidence of in reasonable condition – private sector discharge – Nearly Legal

‘Where a local authority proposes to discharge the homeless duty by an offer of private sector accommodation, what does it have to do to satisfy itself that the property is suitable, with regard to the conditions set out in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012 (that the property is in reasonable and legal condition and the landlord is a fit and proper person)? That was the question in these two joined appeals.’

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Nearly Legal, 16th November 2021

Source: nearlylegal.co.uk

Court of Appeal hears challenge over whether council should have considered full climate impacts when approving drilling for oil – Local Government Lawyer

‘The Court of Appeal is this week hearing a key case on the lawful interpretation of the Environmental Impact Assessment (EIA) Regulations and the end product of developments.’

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Local Government Lawyer, 16th November 2021

Source: www.localgovernmentlawyer.co.uk

The LADs are Alright – Local Government Lawyer

‘Laura Campbell discusses liquidated damages in construction contracts, focussing upon the long-running Triple Point saga which ended in the Supreme Court this year.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

The authority of Property and Affairs Deputies – Local Government Lawyer

Posted November 12th, 2021 in Court of Protection, deputyship, disabled persons, local government, news by sally

‘Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds refusal of application for placement orders in case where parents showed “grossly unreasonable attitude” towards professionals – Local Government Lawyer

‘A local authority has failed to persuade the Court of Appeal that a judge’s refusal of its applications for placement orders in respect of children aged two and almost four was irrational.’

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Local Government Lawyer, 10th November 2021

Source: www.localgovernmentlawyer.co.uk

Judge issues ruling on use of inherent jurisdiction where placements will not or cannot comply with practice guidance issued by Family President – Local Government Lawyer

‘A High Court judge has handed down a ruling on whether it remains open to the court to exercise its inherent jurisdiction authorising a deprivation of liberty in cases where an unregistered placement either will not or cannot comply with practice guidance issued by the President of the Family Division.’

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Local Government Lawyer, 9th November 2021

Source: www.localgovernmentlawyer.co.uk

‘Failure to remove’ claims in the High Court – Local Government Lawyer

‘Paul Stagg looks at the lessons from an important High Court ruling on ‘failure to remove’ claims.’

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Local Government Lawyer, 8th November 2021

Source: www.localgovernmentlawyer.co.uk

SEND Tribunal case law review – Local Government Lawyer

‘Jamie Jenkins looks at the lessons to be learned from the latest judgments from the SEND Tribunal.’

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Local Government Lawyer, 5th November 2021

Source: www.localgovernmentlawyer.co.uk

The Prerogative Rules, Not the Statute: How to Place Children under Sixteen in Unregulated Placements – St Ives Chambers

‘On 9 September 2021, the law changed prohibiting local authorities from placing a child under the age of sixteen in an unregulated placement (The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).’

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St Ives Chambers, 12th October 2021

Source: www.stiveschambers.co.uk

Judge credits psychological assessment with calming of “high octane” conflict between parents and care workers – Local Government Lawyer

‘A High Court judge has credited a psychological assessment “almost entirely” for helping repair a deeply polarised relationship between care workers and the parents of a boy with serious disabilities who is subject of an application for a care order.’

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Local Government Lawyer, 29th October 2021

Source: www.localgovernmentlawyer.co.uk

Progressing interim injunctions – Local Government Lawyer

Posted October 29th, 2021 in injunctions, local government, news, planning by sally

‘A High Court judge recently accused four councils of abusing the court’s processes by failing to progress interim injunctions granted against “persons unknown”. Roderick Morton looks at the challenges faced by local authorities.’

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Local Government Lawyer, 29th October 2021

Source: www.localgovernmentlawyer.co.uk

Council decision to keep asylum seekers who were putative children in hotel accommodation was unlawful, High Court rules – Local Government Lawyer

‘The London Borough of Brent breached its section 20 duties under the Children Act 1989 when it chose not to provide proper accommodation to unaccompanied asylum seekers while awaiting an assessment of their age, a High Court judge has ruled.’

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Local Government Lawyer, 26th October 2021

Source: www.localgovernmentlawyer.co.uk