Unsuitable temporary accommodation and discrimination – Nearly Legal

‘Begum, R (On the Application Of) v London Borough of Tower Hamlets (2024) EWHC 2279 (Admin) – Ms Begum had applied as homeless to Tower Hamlets in 2001. She was given temporary accommodation in a studio flat. 5 months later her first child was born. In June 2022, she complained about the suitability of the studio, which at that time was still s.188 accommodation. In October 2022, Tower Hamlets accepted the full duty. An internal memo recorded that Ms B had requested a transfer due to overcrowding. By March 2023, Ms B was pregnant with her second child, with a due date in September 2023. Between May and July 2023 there was correspondence between Ms B’s solicitors and Tower Hamlets on the suitability of the accommodation. The present claim was issued and interim relief ordered in August 2023. Three days later, Tower Hamlets made an offer of accommodation which Ms B accepted.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Upper Tribunal remits rent repayment order case for fresh hearing amid claims of misinformation on council website about HMOs – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has held that potentially inaccurate information on a local authority’s website about houses in multiple occupation (HMO) might give a landlord a reasonable excuse for not having a license in defending a rent repayment order application.’

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Local Government Lawyer, 17th October 2024

Source: www.localgovernmentlawyer.co.uk

Housing Ombudsman issues report on 100 cases of severe maladministration involving damp and mould – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration for how a housing association failed to deal with damp and mould in a home for two years, which left the resident unable to sleep in her bedroom.’

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Local Government Lawyer, 16th October 2024

Source: www.localgovernmentlawyer.co.uk

Attorney General to issue amended guidance for government lawyers on legal risk – Local Government Lawyer

‘The Attorney General, Lord Hermer KC, has announced he is to issue amended guidance for assessing legal risk across government that will seek to “raise the standards for calibrating legality”.’

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Local Government Lawyer, 16th October 2024

Source: www.localgovernmentlawyer.co.uk

Final report into Care Quality Commission identifies “significant internal failings” – Local Government Lawyer

Posted October 16th, 2024 in care homes, doctors, health, hospitals, local government, news, quality assurance by sally

‘The Government has pledged further action to strengthen patient safety after a final report identified “significant internal failings” at the Care Quality Commission (CQC), hampering the regulator’s ability to identify poor performance at hospitals, care homes and GP practices.’

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Local Government Lawyer, 15th October 2024

Source: www.localgovernmentlawyer.co.uk

Government issues statutory guidance for local authorities on kinship care – Local Government Lawyer

Posted October 15th, 2024 in carers, children, families, government departments, local government, news by tracey

‘The Department for Education has published statutory guidance for local authorities and their staff, setting out how councils should support children in kinship care and kinship carers.’

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Local Government Lawyer, 14th October 2024

Source: www.localgovernmentlawyer.co.uk

Mother fleeing domestic abuse placed in unsuitable mixed-sex accommodation by council, Ombudsman finds – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has found that the London Borough of Tower Hamlets failed to consider the impact of placing a vulnerable family with a history of PTSD from domestic abuse in mixed-sex shared accommodation.’

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Local Government Lawyer, 14th October 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge gives reasons for granting councils five-year injunction over Just Stop Oil protests – Local Government Lawyer

‘The High Court has granted Thurrock Council and Essex County Council a five-year injunction subject to yearly review against persons unknown in response to protest activity by Just Stop Oil.’

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Local Government Lawyer, 15th October 2024

Source: www.localgovernmentlawyer.co.uk

Homelessness, disability and reasonable preference under allocation schemes – Nearly Legal

‘RR, R (On the Application Of) v London Borough of Enfield (2024) EWHC 2501 (Admin). This was a judicial review challenge to LB Enfield’s allocation policy for priority on the housing register, on the basis that it discrimated against disabled applicants who had the full housing duty under Part VII Housing Act 1996, who were also disabled.’

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Nearly Legal, 13th October 2024

Source: nearlylegal.co.uk

Law Commission seeks views on disabled children’s social care law – Law Commission

‘Today the Law Commission publishes a consultation paper on disabled children’s social care law and whether it meets the needs of disabled children and their families.’

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Law Commission, 8th October 2024

Source: lawcom.gov.uk

Cafcass adopts new policy to protect victims of domestic abuse in court system – Local Government Lawyer

‘Family Court Advisors and Children’s Guardians will no longer use language such as ‘claims’ or ‘alleges’ in reports to court, using instead the words of children and adults who are victims of domestic abuse, in line with a new Domestic Abuse Practice Policy published by Cafcass.’

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Local Government Lawyer, 11th October 2024

Source: www.localgovernmentlawyer.co.uk

High Court dismisses Judicial Review challenge to council housing allocation scheme – Local Government Lawyer

‘The High Court has dismissed a judicial review challenge to the London Borough of Enfield’s housing allocation scheme, after a claimant contended the scheme was unlawful both on a public law basis and that it breached the anti-discrimination provisions as set out in the ECHR and/or the Equality Act.’

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Local Government Lawyer, 9th October 2024

Source: www.localgovernmentlawyer.co.uk

Council resists claim of indirect sex discrimination in homelessness judicial review – Local Government Lawyer

Posted October 10th, 2024 in homelessness, judicial review, local government, London, news, sex discrimination by sally

‘The London Borough of Tower Hamlets has resisted a claim that a database of homeless applicants either needing or requesting a move to alternative accommodation, was a “waiting list” or means of delaying suitable accommodation being provided, and that it put women at a disadvantage.’

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Local Government Lawyer, 9th October 2024

Source: www.localgovernmentlawyer.co.uk

Law Commission launches consultation on “out of date” disabled children’s social care law – Local Government Lawyer

‘The Law Commission has today (8 October) published a consultation paper on disabled children’s social care law, as part of a review to ensure it is fairer, simpler and more up to date.’

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Local Government Lawyer, 8th October 2024

Source: www.localgovernmentlawyer.co.uk

Council at fault in consideration of best interests of elderly woman, Ombudsman finds – Local Government Lawyer

‘The woman behind the complaint, Ms Y, complained that professionals failed to understand her mother’s personality and wrongly determined she lacked capacity.’

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Local Government Lawyer, 7th October 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge dismisses statutory challenge by town council over permission for 146-home scheme, saying he did not have power to extend time for service – Local Government Library

Posted October 7th, 2024 in civil procedure rules, housing, local government, news, planning, service, time limits by michael

‘A deputy High Court judge has dismissed a statutory review challenge brought by a town council over a planning inspector’s grant of permission for a 146-dwelling scheme, after finding that the court had no power to extend time for service of proceedings after they were served late by the claimant’s solicitors.’

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Local Government Lawyer, 4th October 2024

Source: www.localgovernmentlawyer.co.uk

Failings before woman killed in home by student – BBC News

‘A safeguarding review concluded that opportunities had been missed and made a number of recommendations, while Cwm Taf Morgannwg health board apologised and accepted the recommendations.’

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BBC News, 7th October 2024

Source: www.bbc.co.uk

Law Commission consultation on burial and cremation law – Law & Religion UK

‘The law on burial and cremation in England and Wales, some of which dates back to the mid-19th century, is complicated and outdated. It has evolved as a patchwork of different laws which apply to different burial grounds depending on who operates them (eg the Church of England, local authorities or private owners). There are also gaps in the law. Burial space is running out, with the situation worst in some urban areas. Grave reuse has long been seen as a solution to this problem, but not all burial grounds are permitted to reuse graves.’

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Law & Religion UK, 3rd October 2024

Source: lawandreligionuk.com

Chicken farm row reaches High Court – BBC News

‘Campaigners will be taking on Shropshire Council in the High Court as a seven-year dispute over an industrial-scale chicken farm continues.’

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BBC News, 3rd october 2024

Source: www.bbc.co.uk

Council left family in B&B accommodation for a year more than maximum allowed period: Ombudsman – Local Government Lawyer

‘Birmingham City Council placed a family in bed and breakfast accommodation for 58 weeks, one year more than the maximum time such accommodation can be used for homeless applicants with family commitments, the Local Government & Social Care Ombudsman (LGSCO) has found.’

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Local Government Lawyer, 30th September 2024

Source: www.localgovernmentlawyer.co.uk