Category: local government

When a case is described finely balanced, how important are the children’s expressed wishes and feelings? Dorset Council v M & Ors (Removal : Balance of Harm) [2021] EWFC B43 – Transparency Project

Posted September 8th, 2021 in adoption, care orders, children, families, family courts, fostering, local government, news by sally

‘Every case is fact specific but what makes cases like this interesting is seeing what it was that made the Judge’s decision fall on the opposite side of the line to the professionals when the decision is said to be “finely balanced” and “on a knife edge”.’

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Transparency Project, 7th September 2021

Source: www.transparencyproject.org.uk

First Tier Tribunal wrongly struck out landlord penalty appeal after solicitor failed to pay hearing fee, Upper Tribunal rules – Local Government Lawyer

Posted September 8th, 2021 in appeals, fees, housing, landlord & tenant, licensing, local government, news, penalties, solicitors, time limits, tribunals by sally

‘A private landlord will have her appeal of a £7,000 penalty for failure to license a house in multiple occupation (HMO) decided by a different judge after it was initially refused by the First Tier Tribunal (FTT) because her solicitor failed to pay the hearing fee on time, the Upper Tribunal has ruled.’

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Local Government Lawyer, 7th September 2021

Source: www.localgovernmentlawyer.co.uk

Education Secretary and local authorities threatened with legal challenge over approach to vulnerable children and school attendance – Local Government Lawyer

Posted September 8th, 2021 in children, coronavirus, disabled persons, education, families, government departments, local government, news, school children by sally

‘The Good Law Project (GLP) has written to the Secretary of State for Education, Gavin Williamson, threatening legal action if he fails to issue guidance that protects vulnerable children and families as schools reopen.’

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Local Government Lawyer, 7th September 2021

Source: www.localgovernmentlawyer.co.uk

Revocation of adoption orders – Local Government Lawyer

Posted September 3rd, 2021 in adoption, appeals, child cruelty, children, coronavirus, families, fostering, jurisdiction, local government, news, remote hearings by sally

‘The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

Looked after children and secure accommodation after 9 September – Local Government lawyer

Posted September 3rd, 2021 in care homes, children, local government, news, statutory duty by sally

‘David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

Man guilty over abusive emails sent to Starmer and Thornberry – BBC News

Posted September 3rd, 2021 in electronic mail, harassment, housing, local government, news, political parties by sally

‘A man who sent dozens of abusive and threatening emails to Sir Keir Starmer and Emily Thornberry has been found guilty of harassment.’

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BBC News, 2nd September 2021

Source: www.bbc.co.uk

Civil liberties groups demand ban of use of facial recognition technology by police – Local Government Lawyer

Posted September 1st, 2021 in appeals, consultations, data protection, equality, facial mapping, government departments, investigatory powers, local government, news, police, privacy by sally

‘Liberty, Privacy International and 29 other organisations have called for Parliament to ban the use of live facial recognition technology (LFRT) by the police and private companies.’

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Local Government Lawyer, 31st August 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal agrees to hear appeal by Health Secretary in dispute over interpretation of ‘ordinary residence’ and s.117 Mental Health Act – Local Government Lawyer

Posted September 1st, 2021 in appeals, government departments, local government, mental health, news, statutory interpretation by sally

‘The Court of Appeal has granted the Department of Health and Social Care permission to appeal a key ruling on the issue of ‘ordinary residence’ for the purposes of s.117(3) of the Mental Health Act.’

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Local Government Lawyer, 31st August 2021

Source: www.localgovernmentlawyer.co.uk

Costs and costs of repairs – Nearly Legal

Posted August 31st, 2021 in damages, expert witnesses, landlord & tenant, local government, news, repairs, small claims by sally

‘An interesting, though non-binding, county court decision on the issue of costs of a disrepair claim that settled pre-allocation.’

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Nearly Legal, 30th August 2021

Source: nearlylegal.co.uk

Litigation Friend appointments and costs – Local Government Lawyer

Posted August 27th, 2021 in costs, litigation friends, local government, news by sally

‘The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.’

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Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

Public Law Proceedings and the 1996 Hague Convention – Local Government Lawyer

Posted August 27th, 2021 in care orders, children, families, foreign jurisdictions, human rights, jurisdiction, local government, news by sally

‘Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.’

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Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Fly-tipping – the illegal dumping of waste – House of Commons Library

Posted August 27th, 2021 in environmental health, local government, news, parliament, waste by sally

‘This Commons Library briefing paper gives a general overview of the extent of the problem of fly-tipping in England and the powers and responsibilities of the Environment Agency, local authorities and landowners to deal with it. It also sets out recent Government actions to tackle it and proposals for reform.’

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House of Commons Library, 25th August 2021

Source: commonslibrary.parliament.uk

The Factors and Guidance to make an application for Discharge of a Care Order pursuant to s. 39 of the Children Act 1989 – Becket Chambers

Posted August 25th, 2021 in appeals, care orders, chambers articles, child abuse, children, families, local government, news, sexual offences by sally

‘The combined effect of sections 1 and 39 of the Act is that on application of an entitled applicant the court may discharge a care order or replace it with a supervision order, in which case there is no requirement for the s 31(2) threshold to be crossed (the threshold for making a care or supervision order – significant harm). As the decision concerns a question of upbringing, the child’s welfare is the court’s paramount consideration, and particular regard is to be given to the factors in the welfare checklist in s1(3). The court shall not make the order unless to do so would be better for the child than making no order. Provisions of the Act must, so far as is possible to do so, be read and given effect in a way which is compatible with rights protected by Arts 3 and 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.’

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Becket Chambers, 20th August 2021

Source: becket-chambers.co.uk

High Court gives go-ahead for judicial review challenge over ‘Levelling Up Fund” – Local Government Lawyer

Posted August 24th, 2021 in equality, government departments, judicial review, local government, news, political parties by sally

‘The High Court has granted the Good Law Project permission for its legal challenge against three Whitehall departments over the multi-billion pound “Levelling Up Fund”.’

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Local Government Lawyer, 23rd August 2021

Source: www.localgovernmentlawyer.co.uk

Revocation orders, compensation and judicial review – Local Government Lawyer

Posted August 23rd, 2021 in compensation, housing, judicial review, local government, news, planning by sally

‘A council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced. Meyric Lewis explains what happened.’

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Local Government Lawyer, 20th August 2021

Source: www.localgovernmentlawyer.co.uk

Council bans ice cream van from street following chime complaints – Local Government Lawyer

Posted August 23rd, 2021 in codes of practice, food, licensing, local government, news, noise, nuisance by sally

‘An ice-cream van operator has been banned from operating on an East Suffolk Council street over a complaint that one of its vehicles sounded its chimes for too long.’

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Local Government Lawyer, 20th August 2021

Source: www.localgovernmentlawyer.co.uk

What Are Homeless People’s Rights To Belongings? – Each Other

Posted August 20th, 2021 in homelessness, housing, human rights, local government, news, theft by sally

‘Every day, thousands of people experiencing homelessness in the UK are met with exhausting challenges, but one that rarely gets much attention is the constant search for somewhere secure to store their belongings.’

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Each Other, 19th August 2021

Source: eachother.org.uk

Mother loses appeal over order that father should be informed of care proceedings – Local Government Lawyer

Posted August 20th, 2021 in appeals, care orders, children, families, local government, news, rape, sexual offences by sally

‘The Court of Appeal has dismissed an appeal against an order that a child’s biological father should be informed of care proceedings concerning his daughter against the mother’s wishes.’

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Local Government Lawyer, 19th August 2021

Source: www.localgovernmentlawyer.co.uk

York Council Accused Of Breaching Equality Duty – Each Other

Posted August 18th, 2021 in disability discrimination, disabled persons, equality, human rights, local government, news, parking, roads by sally

‘Disability activists allege that City of York Council have breached their legal duty to promote equality by seeking to expand their “footstreets” scheme, which would permanently pedestrianise the city centre and potentially limit access for disabled patrons.’

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Each Other, 16th August 2021

Source: eachother.org.uk

A closed mind and a failed possession claim – Nearly Legal

Posted August 17th, 2021 in bereavement, evidence, families, housing, landlord & tenant, local government, news, repossession by sally

‘Tower Hamlets LBC v Ali, County Court at Clerkenwell & Shoreditch. 21 July 2021. Tower Hamlets (“TH”) brought a claim for possession against Mr Ali after his mother, a secure tenant, died. His mother was herself a successor and, accordingly, he was not entitled to succeed under section 87 of the Housing Act 1985. He applied to succeed under TH’s discretionary policy for failed successors which stated that TH would grant a new tenancy to an occupant where they had lived with the tenant for 12 months before the tenant’s death, and they occupied the property as their only or principle home.’

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Nearly Legal, 16th August 2021

Source: nearlylegal.co.uk