Religious circumcision in the courts again: P – Law & Religion UK

‘In P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam), a boy aged 21 months, P, was subject to an interim care order in favour of X Local Authority. P’s mother, supported by P’s father, who were Muslim, sought the court’s authorisation to have P circumcised [2 & 3]. P had lived all his life with relatives, Mr and Mrs R, who were likely soon to become his permanent carers under a Special Guardianship Order [1]: they were not Muslims but had agreed that they would care for P throughout his life and would respect his Muslim heritage [7]. P also had an older brother and an older half-brother who lived with other relatives (not Mr and Mrs R), also under a Special Guardianship Order [5]’

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Law & Religion UK, 16th June 2021

Source: lawandreligionuk.com

No preference is a reasonable preference – R (Mallon Montero) v London Borough of Lewisham – Local Government Lawyer

Posted June 18th, 2021 in housing, local government, news, statutory duty by sally

‘A High Court judge has upheld the disqualification of housing applicants owed the reasonable preference duty on the basis of lack of local residence. Matt Hutchings QC analyses the ruling.’

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Local Government Lawyer, 18th June 2021

Source: www.localgovernmentlawyer.co.uk

Investigation of organisations using live facial recognition technology in public spaces found none compliant with data protection law: ICO – Local Government Lawyer

Posted June 18th, 2021 in data protection, facial mapping, local government, news, ombudsmen, privacy by sally

‘An investigation by the Information Commissioner’s Office (ICO) published today (17 June) found that out of a group of organisations using live facial recognition (LFR) technology in public spaces, none were fully compliant with data protection law requirements.’

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Local Government Lawyer, 18th June 2021

Source: www.localgovernmentlawyer.co.uk

High Court rejects ‘failure to remove’ abuse claim – UK Human Rights Blog

‘In a significant adverse judgment for child abuse claimants, DFX v Coventry City Council [2021] EWHC 1382 (QB), Mrs Justice Lambert rejected a claim brought by a number of claimants who alleged that the defendant council’s social services negligently delayed in instigating care proceedings and that had they been removed from the family home earlier they would have avoided serial abuse at the hands of their parents.’

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UK Human Rights Blog, 14th June 2021

Source: ukhumanrightsblog.com

Judge dismisses application by birth parents for boy in interim care to be circumcised before second birthday – Local Government Lawyer

‘A High Court judge has dismissed an application by a mother for a boy (P), who is aged 21 months and in interim care, to be circumcised in accordance with the custom of the Muslim faith before his second birthday.’

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Local Government Lawyer, 15th June 2021

Source: www.localgovernmentlawyer.co.uk

Group accuses London borough of religious discrimination in planning dispute – Local Government Lawyer

Posted June 15th, 2021 in equality, Islam, local government, news, planning, religious discrimination by sally

‘The London Borough of Barnet has been accused of breaching equalities legislation by a Muslim group in a planning case.’

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Local Government Lawyer, 15th June 2021

Source: www.localgovernmentlawyer.co.uk

Delegating negotiation of s.106 agreements to officers – Local Government Lawyer

Posted June 14th, 2021 in appeals, housing, local government, news, planning by sally

‘Sarah Sackman examines the guidance given by the Court of Appeal on the approach to Members’ delegation to officers to negotiate s.106 Agreements.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Property guardians, council properties, licensable HMOs and RROs against directors – Nearly Legal

Posted June 11th, 2021 in housing, landlord & tenant, local government, news, rent by sally

‘I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of interesting and important issues addressed in the First Tier Tribunal decision in: 49 Russell Hill Road, Croydon, CR8 2XB ((Housing) Act 2004 and Housing and Planning Act 2016 – Rent repayment orders) (2021) UKFTT LON_00AH_HMK_2020_0021.’

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Nearly Legal, 9th June 2021

Source: nearlylegal.co.uk

Failure to remove claims and section 20 accommodation – Local Government Lawyer

‘A High Court Master has recently considered whether in ‘failure to remove’ cases where a child has been accommodated under section 20, the accommodation of the child gives rise to a duty of care by way of assumption of responsibility, even if other steps taken by the local authority do not do so. Paul Stagg analyses the ruling.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

When Two Worlds Collide – the interplay of SGOs and care orders in light of F v G [2021] EWCA Civ 622 – Family Law Week

Posted June 11th, 2021 in appeals, care orders, children, families, guardianship, local government, news by sally

‘Madeleine Whelan, barrister of Fourteen, analyses a recent Court of Appeal case that highlights the flexibility of the Children Act.’

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Family Law Week, 9th June 2021

Source: www.familylawweek.co.uk

Judicial review applications fell 16% in 2020: report – Local Government Lawyer

‘The number of applications for judicial review fell 16% in 2020 to 2,800, data from National Statistics has revealed.’

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Local Government Lawyer, 8th June 2021

Source: www.localgovernmentlawyer.co.uk

Transport for Greater Manchester v Kier Construction: Notice the little things – Practical Law: Construction Blog

‘Preparing and sending contractual notices always makes me nervous. There are so many things to get wrong: is it in time, where should I send it, who to, how should I send it? Not to mention the actual content of the notice. For those of you like me, the recent case of Transport for Greater Manchester v Kier Construction Ltd shows that we are right to worry about these things. Notices are important, and getting them wrong has serious consequences.’

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Practical Law: Construction Blog, 2nd June 2021

Source: constructionblog.practicallaw.com

Kent council threatens Priti Patel with legal action over unaccompanied child migrants – The Independent

‘Kent County Council is threatening the home secretary with legal action as it warns its services for unaccompanied child migrants are at breaking point for the second time in less than a year.’

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The Independent, 6th June 2021

Source: www.independent.co.uk

Postcode lottery for baby care orders – judge – BBC News

‘Care order applications are usually made when social workers decide a mother is unable to look after her child on her own. The baby will probably go into foster care and it may be adopted.’

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BBC News, 4th June 2021

Source: www.bbc.co.uk

Council defeats Court of Appeal challenge over Elephant and Castle redevelopment – Local Government Lawyer

Posted June 3rd, 2021 in appeals, housing, local government, news, planning, ultra vires by sally

‘A local activist group has lost a challenge at the Court of Appeal to the London Borough of Southwark’s grant of planning permission for a major redevelopment of the Elephant and Castle area.’

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Local Government Lawyer, 2nd June 2021

Source: www.localgovernmentlawyer.co.uk

Mark K Heatley: The Implications of the Hertfordshire County Council Case for Local Democracy – UK Constitutional Law Association

‘The High Court recently delivered its judgment in the case of Hertfordshire County Council v Secretary of State for Housing, Communities and Local Government, finding that remote meetings of local councils could not continue after 7 May 2021. This article looks at the decision and considers its impact for future local democracy.’

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UK Constitutional Law Association, 2nd June 2021

Source: ukconstitutionallaw.org

Banning Order? Simples – Nearly Legal

“LB Camden v 1) Simple Properties Management Ltd 2) Mr MIguel Cabeo Cespedes. A banning order! One of – if we are being honest – far too few to date (even taking into account the time lag for relevant offences, prosecutions and applications). But one that can be heartily celebrated as thoroughly deserved, featuring as it does Simple Properties Management Ltd and its sole director, Miguel Cabeo Cespedes. We have come across SPM a few times in the past, as will become apparent, and sometimes it is a pleasure to see such acquaintances get their just deserts.”

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Nearly Legal, 26th May 2021

Source: nearlylegal.co.uk

Police force obtains gang injunctions banning brothers from music videos glorifying gun and drug crime – Local Government Lawyer

‘West Midlands Police has secured gang injunctions banning two brothers from Birmingham from appearing in drill music videos glorifying gun and drug crime.’

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Local Government Lawyer, 28th May 2021

Source: www.localgovernmentlawyer.co.uk

High Court judge criticises failure by council to deliver EHC plan – Local Government Lawyer

‘Nottinghamshire County Council failed to adequately deliver a disabled child’s Education, Health and Care Plan (EHCP) the High Court has ruled.’

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Local Government Lawyer, 27th May 2021

Source: www.localgovernmentlawyer.co.uk

Too soon for a reasonable preference – Nearly Legal

‘This was a judicial review of LB Lewisham’s allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing register and its relation to the ‘reasonable preference’ given to overcrowded households.’

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Nearly Legal, 25th May 2021

Source: nearlylegal.co.uk