How not to conduct a placement application (part 2) – Local Government Lawyer

Posted August 13th, 2021 in adoption, appeals, children, families, local government, news, placement orders by sally

‘Rebecca Cross looks at a Court of Appeal ruling in a case where the ADM [agency decision maker] failed to carry out their duties properly.’

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Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty – Local Government Lawyer

‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’

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Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

‘Systematic failings’ in England’s care system as boy restrained in hospital – The Guardian

‘The “shameful” case of a violent 12-year-old boy who was detained in hospital by 15 police officers illustrates the “systemic failings” in England’s care system, according to the body representing all of England’s directors of children’s services.’

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The Guardian, 12th August 2021

Source: www.theguardian.com

The resolutions approach: misunderstood and under-used – Family Law Week

‘Patrick Gilmore, barrister of Deans Court Chambers, describes how the resolutions approach might assist cases in which a parent denies the harm caused to a child.’

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Family Law Week, 10th August 2021

Source: www.familylawweek.co.uk

Disabled claimant nets permission for judicial review challenge over Hampstead Ponds charging regime – Local Government Lawyer

‘A High Court judge has given a disabled swimmer permission to bring a judicial review challenge over the new charging regime for Hampstead Ponds.’

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Local Government Lawyer, 10th August 2021

Source: www.localgovernmentlawyer.co.uk

Landlord ordered to pay more than £21,000 after council prosecutes him for unlicensed house in multiple occupation – Local Government Lawyer

Posted August 11th, 2021 in costs, fines, housing, landlord & tenant, licensing, local government, news by sally

‘A private landlord operating an unlicensed and overcrowded property in Kensal Green has been told to pay more than £21,000 in fines and costs by Willesden Magistrates’ Court.’

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Local Government Lawyer, 10th August 2021

Source: www.localgovernmentlawyer.co.uk

No power to accept late review request – Nearly Legal

‘Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin). While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms Kalonga’s fixed term has come to an end and Croydon had served the requisite s.107D(3) notice stating their intention not to grant a further term. This was the circumstance that gave rise to this decision on preliminary issues in a judicial review.’

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Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

More than 100 councils and charities vow to boycott Home Office policy to deport rough sleepers – The Independent

‘More than 110 local councils and charities have vowed to boycott a controversial new Home Office policy to deport foreign rough sleepers. Rules that came into effect on 1 January made rough sleeping grounds to cancel or refuse a non-British national’s right to be in the UK.’

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The Independent, 8th August 2021

Source: www.independent.co.uk

Licensing committees and procedural defects – Local Government Lawyer

Posted August 6th, 2021 in complaints, judicial review, licensing, local government, news by sally

‘A recent High Court decision is a timely reminder of the principle that procedural requirements are there to further the interests of justice, writes Gerald Gouriet QC.’

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Local Government Lawyer, 6th August 2021

Source: www.localgovernmentlawyer.co.uk

High Court judge orders Liverpool City Council to reconsider refusal of indemnity for former elected mayor – Local Government Lawyer

Posted August 4th, 2021 in bribery, costs, indemnities, intimidation, local government, news, witnesses by sally

‘A High Court judge has told Liverpool City Council to revisit whether it should grant an indemnity to its former elected mayor Joe Anderson to defend criminal allegations.’

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Local Government Lawyer, 3rd August 2021

Source: www.localgovernmentlawyer.co.uk

Inherent jurisdiction can be used for deprivation of liberty of children amid “scandalous” shortage of approved secure accommodation: Supreme Court – Local Government Lawyer

‘The inherent jurisdiction of the High Court can be used to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable, the Supreme Court has held.’

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Local Government Lawyer, 30th July 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: In the matter of T (A Child) [2021] UKSC 35 – UKSC Blog

The Supreme Court has unanimously dismissed this appeal concerning two main issues: (i) First, is it a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case? (ii) Secondly, if contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what is the relevance of the child’s consent to the proposed living arrangements?

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Landlord wins appeal over penalty for letting of flat without licence as Upper Tribunal says matter should have been dealt with informally – Local Government Lawyer

Posted August 3rd, 2021 in appeals, landlord & tenant, licensing, local government, news, penalties by sally

‘A landlord has won an Upper Tribunal appeal over the imposition of a £2,500 financial penalty by a council for letting a flat without a licence.’

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Local Government Lawyer, 2nd August 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

London borough defends approach after report that family face eviction for failing to attend property viewing 200 miles away – Local Government Lawyer

Posted July 30th, 2021 in families, homelessness, housing, local government, London, news, repossession by sally

‘Councils must balance the interests of those in housing need with that of taxpayers, the London Borough of Waltham Forest has said after becoming embroiled in controversy over a family facing homelessness.’

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Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

Bradford agencies still missing ‘clear signs’ of child sexual abuse – The Guardian

‘Vulnerable children remain at risk of being failed by child protection agencies in Bradford despite multiple reviews of sexual exploitation cases, an independent report has found.’

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The Guardian, 27th July 2021

Source: www.theguardian.com

‘Like hell’: what former Lambeth children’s home residents told abuse inquiry – The Guardian

‘The report into sexual abuse in London council’s children’s homes heard from many who experienced it.’

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The Guardian, 27th July 2021

Source: www.theguardian.com

Hundreds of children abused while in care of Lambeth council, inquiry finds – The Guardian

‘Hundreds of vulnerable children in the care of Lambeth council in south London were subjected to horrendous cruelty and sexual abuse over several decades on a scale that was “hard to comprehend”, an independent inquiry report has found.’

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The Guardian, 27th July 2021

Source: www.theguardian.com

More needs to be done to ensure remote hearings are fair and work smoothly, say family professionals – Local Government Lawyer

‘Nearly two thirds of professionals responding to the latest Nuffield Family Justice Observatory (NFJO) rapid consultation feel that more needs to be done to ensure that remote hearings are fair and work smoothly.’

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Local Government Lawyer, 26th July 2021

Source: www.localgovernmentlawyer.co.uk

Maintained school wins High Court challenge over refusal by Education Secretary to revoke academy order – Local Government Lawyer

‘The governing body of a primary school in Walsall has won a High Court challenge over the Secretary of State for Education’s refusal to revoke an academy order.’

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Local Government Lawyer, 26th July 2021

Source: www.localgovernmentlawyer.co.uk