Court of Appeal allows appeal against order removing new-born baby after mother with learning difficulties not given opportunity to put her point of view – Local Government Lawyer

‘The Court of Appeal has allowed an appeal against an order for the separation of a new-born child from his mother, who has learning difficulties.’

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Local Government Lawyer, 24th May 2021

Source: www.localgovernmentlawyer.co.uk

Devon ex-council leader Brian Greenslade jailed for sex assaults – BBC News

Posted May 25th, 2021 in assault, local government, news, sentencing, sexual offences by sally

‘A former council leader has been jailed for sexually assaulting three women.’

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BBC News, 24th May 2021

Source: www.bbc.co.uk

A Sigh of Relief: Elkundi & Ors v Birmingham City Council – Nearly legal

‘Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1024 (Admin), on the nature and enforceability of the duty under s. 193(2) Housing Act 1996.’

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Nearly legal, 20th May 2021

Source: nearlylegal.co.uk

Legal Challenges to neighbourhood plans and orders: the Supreme Court has the final word – Local Government Lawyer

Posted May 21st, 2021 in appeals, local government, news, planning, Supreme Court by sally

‘Estelle Dehon and John Fitzsimons set out the lessons that those involved in neighbourhood plan and neighbourhood development order litigation should learn from a key Supreme Court ruling.’

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Local Government Lawyer, 21st May 2021

Source: www.localgovernmentlawyer.co.uk

Lawyers threaten council with court action to provide ‘buffer zones’ outside abortion clinics amid protests – The Independent

Posted May 20th, 2021 in abortion, demonstrations, local government, news by sally

‘Lawyers have threatened to launch a first-of-its-kind legal action to introduce a “buffer zone” outside abortion clinics to stop protesters “heartlessly” targeting women seeking pregnancy terminations.’

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The Independent, 18th May 2021

Source: www.independent.co.uk

Council secures “first of its kind” High Court injunction against residents to stop them living in unsafe house in multiple occupation – Local Government Lawyer

Posted May 19th, 2021 in health & safety, housing, injunctions, local government, news by sally

‘Thurrock Council has been granted an interim injunction by the High Court to prevent two residents living in an unsafe House in Multiple Occupation (HMO).’

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Local Government Lawyer, 18th May 2021

Source: www.localgovernmentlawyer.co.uk

Councils could be owed “hundreds of millions of pounds” in business rates following Supreme Court ruling – Local Government Lawyer

Posted May 19th, 2021 in appeals, leases, local government, news, rates, statutory interpretation by sally

‘Local authorities could be in line for hundreds of millions of pounds in business rates following last week’s landmark Supreme Court ruling, the solicitor who acted for the appellant councils has claimed.’

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Local Government Lawyer, 17th May 2021

Source: www.localgovernmentlawyer.co.uk

Misdiagnosis case update – Transparency Project

‘The purpose of this judgment is to approve and formalise the local authority’s decision to withdraw its application for care orders, following receipt of medical evidence that the baby did not suffer any non-accidental injury. As the judge points out, the local authority acted correctly in taking proceedings when it did, on the basis of earlier medical evidence (now known to be mistaken), and has also acted correctly in asking the court to agree to end the proceedings on the basis of the new, more specialist, evidence.’

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Transparency Project, 18th May 2021

Source: www.transparencyproject.org.uk

Divisional Court hands down key ruling on interaction of diplomatic immunity and child protection – Local Government Lawyer

Posted May 18th, 2021 in care orders, children, diplomats, human rights, immunity, local government, news by sally

‘The Divisional Court has rejected an application by a council concerned about the welfare of children of a diplomat for a declaration that the Vienna Convention on Diplomatic Relations (VCDR) breaches Articles 3 or 6 of the European Convention on Human Rights.’

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Local Government Lawyer, 17th May 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: Hurstwood Properties (A) Ltd and Ors v Rossendale Borough Council and Anor [2021] UKSC 16 – UKSC Blog

Posted May 17th, 2021 in appeals, local government, news, rates, Supreme Court by sally

‘The Supreme Court has unanimously allowed this appeal concerning liability to pay non-domestic rates for periods when unoccupied properties have been leased to special purpose vehicle companies (“SPVs”).’

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UKSC Blog, 14th May 2021

Source: ukscblog.com

LB Barking and Dagenham & Ors v Persons Unknown & Ors [2021] EWHC 1201 (QB) – Radcliffe Chambers

‘On 12 May Nicklin J handed down judgment in LB Barking and Dagenham & Ors v Persons & Ors [2021] EWHC 1201 (QB), in which Traveller Injunctions and the issue of whether final injunctions against Persons Unknown bind only the parties to the proceedings and not ‘newcomers’ was considered. Caroline Bolton and Natalie Pratt appeared on behalf of eight of the Claimant Local Authorities.’

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Radcliffe Chambers, 13th May 2021

Source: radcliffechambers.com

Nur v Birmingham (Part 2): some on the allocation scheme are more equal than others – Nearly Legal

‘Mrs Nur lives with her 3 adult daughters, including her daughter Zakiya Abudlahi, who has cerebral palsy and learning difficulties and for whom Mrs Nur is a full time carer. Mrs Nur and Zakiya were living in the PRS when they registered on Birmingham Council’s Housing List in August 2011. In late 2018 Mrs Nur’s landlord sought possession and an order for possession was made on 12 November 2018. The Council accepted they had a homelessness duty towards the family on 22 November and they were granted a tenancy of a house owned by the Council at 89 Jervoise Road. Mrs Nur received that property following a homelessness offer, rather than as an allocation under the scheme.’

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Nearly Legal, 16th May 2021

Source: nearlylegal.co.uk

New Judgment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the interpretation of section 61N of the Town and Country Planning Act 1990.’

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UKSC Blog, 14th May 2021

Source: ukscblog.com

Applications for review in Special Educational Needs Cases – Local Government Lawyer

‘What constitutes a change in “circumstances relevant to the decision”? Holly Littlewood considers the practical implications of a recent Upper Tribunal ruling.’

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Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

UK Immigration Rough Sleeper Rule – Family Law

‘The UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s permission to remain within the UK.’

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Family Law, 11th May 2021

Source: www.familylaw.co.uk

New laws could lead to politicisation of the NHS, leading MPs warn – The Independent

‘The Commons health select committee said the planned new powers that would be granted to Matt Hancock under proposed changes legislation lack the necessary safeguards or detail on how the powers would be used.’

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The Independent, 14th May 2021

Source: www.independent.co.uk

Blanket bans on camping by Gypsies and Travellers ruled illegal at high court – The Guardian

Posted May 13th, 2021 in equality, injunctions, local government, news, travellers by sally

‘The high court has ruled that local authorities can no longer issue blanket bans on Gypsies and Travellers stopping on parcels of land, in a landmark case which campaigners have hailed a “victory for equality”.’

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The Guardian, 12th May 2021

Source: www.theguardian.com

Johnson’s planning laws an ‘utter disaster’, say countryside campaigners – The Guardian

‘A dramatic loosening of planning laws to create a housebuilding boom will damage local democracy and destroy swathes of countryside by granting property developers a freer hand to build over green fields, planning experts have warned.’

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The Guardian, 11th May 2021

Source: www.theguardian.com

Street traders lose legal challenge over “innovative product” criterion imposed by council – Local Government Lawyer

‘A High Court judge has dismissed a legal challenge brought by street traders over a council’s implementation of a regulatory framework that requires stall owners to sell products not readily available on the high street.’

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Local Government Lawyer, 10th May 2021

Source: www.localgovernmentlawyer.co.uk

Applications to discharge special guardianship orders – Local Government Lawyer

‘Fran Massarella examines a Court of Appeal case which concerned the test for granting leave to apply to discharge a special guardianship order and the construction of s.14D(5) of the Children Act 1989.’

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Local Government Lawyer, 7th May 2021

Source: www.localgovernmentlawyer.co.uk