Fairness to birth parents in adoption hearings – Transparency Project

‘This case was an application by a birth mother for permission to appeal against a decision in the High Court that had refused her leave to apply to oppose an adoption order – Re S (A Child) [2021] EWCA Civ 605.’

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Transparency Project, 6th May 2021

Source: www.transparencyproject.org.uk

High Court orders urgent trial in claim by Liverpool mayor for indemnity against legal costs – Local Government Lawyer

Posted May 7th, 2021 in corruption, costs, indemnities, local government, news by sally

‘The High Court in Manchester has ordered that an urgent trial take place of the claim by Joe Anderson, the Mayor of Liverpool, that Liverpool City Council are acting unlawfully in refusing to provide him with the same indemnity against legal costs offered to other council members.’

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Local Government Lawyer, 6th May 2021

Source: www.localgovernmentlawyer.co.uk

High Court judge revokes adoption orders after acknowledging “exceptional circumstances” – Local Government Lawyer

Posted May 6th, 2021 in adoption, care orders, human rights, local government, news by sally

‘A judge in the Family Division of the High Court has revoked adoption orders for an 18 year old (A) and a 16 year old (B) after concluding that there were “compelling highly exceptional and particular circumstances” that supported such a step.’

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Local Government Lawyer, 5th May 2021

Source: www.localgovernmentlawyer.co.uk

Council fails in appeal over direction by judge that parents and child should undergo residential assessment – Local Government Lawyer

Posted May 4th, 2021 in appeals, care orders, children, local government, news by sally

‘A Family Court judge has rejected an appeal brought by a local authority against a case management decision by a district judge pursuant to s 38(6) of the Children Act (1989) directing that the parents and the subject child (“L”) should undergo a residential assessment.’

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Local Government Lawyer, 3rd May 2021

Source: www.localgovernmentlawyer.co.uk

High Court judge hands down ruling on lawful scope of statutory consultation response – Local Government Lawyer

Posted April 30th, 2021 in consultations, local government, news, planning, roads by sally

‘Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.’

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Local Government Lawyer, 29th April 2021

Source: www.localgovernmentlawyer.co.uk

High Court judge says system of city council for accommodating homeless people is unlawful – Local Government Lawyer

Posted April 30th, 2021 in homelessness, housing, local government, news, statutory duty by sally

‘Birmingham City Council’s system for allocating accommodation to homeless people has been declared unlawful by the High Court.’

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Local Government Lawyer, 29th April 2021

Source: www.localgovernmentlawyer.co.uk

Disabled people can be taken to prostitutes by care workers, judge rules – Daily Telegraph

‘Council care workers can help disabled people meet prostitutes without breaking the law, a judge has confirmed in a landmark ruling. A judge in the Court of Protection – a specialist court which considers issues relating to people who are deemed to lack capacity to make certain decisions – ruled that carers who facilitate adults with learning disabilities to visit sex workers will not be committing a criminal offence.’

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Daily Telegraph, 29th April 2021

Source: www.telegraph.co.uk

Meetings of local authorities in England must be face to face from 7 May, judges rule – Local Government Lawyer

Posted April 29th, 2021 in coronavirus, local government, news, regulations, time limits by sally

‘Meetings held by local authorities in England under the Local Government Act 1972 must take place in person from 7 May when emergency regulations introduced in the early stages of the first lockdown expire, the Divisional Court has ruled.’

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Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court agrees to hear battle over termination of fixed term secure flexible tenancies – Local Government Lawyer

‘The Supreme Court has granted Croydon Council permission to appeal in a dispute over the termination of fixed term secure flexible tenancies.’

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Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal overturns order discharging mother as party in Court of Protection proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a decision by the Vice-President of the Court of Protection to discharge a mother as a party to proceedings concerning her highly vulnerable 19-year-old daughter (P).’

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Local Government Lawyer, 27th April 2021

Source: www.localgovernmentlawyer.co.uk

Council wins Supreme Court appeal over claim of £1.2m from heirs of school benefactor – Local Government Lawyer

‘The Supreme Court has allowed Oxfordshire County Council’s appeal in a case in which a family said the sale of school land worth £1.2m, which was gifted to the council by their late family member, was unlawful.’

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Local Government Lawyer, 23rd April 2021

Source: www.localgovernmentlawyer.co.uk

No overlap between substance and jurisdictional issues – Local Government Lawyer

Posted April 26th, 2021 in contracts, enforcement, housing, jurisdiction, local government, news by sally

‘Clare Mendelle and James Goldthorpe examine the implications of Ex Novo Limited v MPS Housing Limited [2020] EWHC 3804 (TCC)].’

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Local Government Lawyer, 23rd April 2021

Source: www.localgovernmentlawyer.co.uk

Kent council fined after mother and son left to live in tent in pandemic – The Guardian

‘A council has been fined after it removed a homeless teenager and his mother from temporary housing during the pandemic, leaving them to sofa surf and live in a tent for two months.’

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The Guardian, 23rd April 2021

Source: www.theguardian.com

Section 204 appeals – weighing medical evidence and ending ‘relief duty’ – Nearly Legal

‘Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court and Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court. Two linked s.204 appeals arising from Hackney’s finding that Mr Perrot was not vulnerable for the purposes of priority need – upheld on s.202 review – and Hackney’s decision to end the ‘relief duty’ under section 189B Housing Act 1996, also upheld on review.’

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Nearly Legal, 18th April 2021

Source: nearlylegal.co.uk

Council refused permission to appeal High Court ruling on failure to comply with duty to cooperate – Local Government Lawyer

Posted April 19th, 2021 in appeals, local government, news, planning, statutory duty by sally

‘Sevenoaks District Council has been refused permission to appeal a Planning Court ruling rejecting its legal challenge to a finding by a planning inspector that it had failed to comply with the duty to cooperate when preparing the Sevenoaks District Local Plan for its administrative area.’

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Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal by council over £270 confiscation order for unlawful flats conversion when it claimed for more than £455,000 – Local Government Lawyer

‘The London Borough of Barnet has won an appeal after the Crown Court imposed a confiscation order of £270 when the council had contended for more than £455,000.’

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Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

Liability for abuse suffered by claimant place in private care home – Local Government Lawyer

‘Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.’

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Local Government Lawyer, 16th April 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal over decision by Family Court judge not to separate mother and baby – Local Government Lawyer

Posted April 15th, 2021 in appeals, children, fostering, local government, news by sally

‘The Court of Appeal has allowed an appeal by a local authority over a judge’s decision not to separate a mother and a baby.’

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Local Government Lawyer, 15th April 2021

Source: www.localgovernmentlawyer.co.uk

High Court quashes inspector’s decision in case involving challenges under both sections 288 and 289 TCPA 1990 – No. 5 Chambers

‘Planning analysis: In considering challenges under sections 288 and 289 of the Town and Country Planning Act 1990 (TCPA 1990) heard together, the High Court quashed an inspector’s decision to uphold an appeal against an enforcement notice and to grant planning permission. The TCPA 1990, s 289 challenge had been conceded in advance of the hearing, but the parties disagreed about whether the inspector’s decision should be quashed in its entirety as a consequence. Mrs Justice Lang allowed the TCPA 1990, s 288 challenge on the basis of failures in the inspector’s consideration of development plan policies, but said that she would have quashed the decision anyway.’

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No. 5 Chambers, 8th April 2021

Source: www.no5.com

F (A Child : Adjournment) [2021] EWCA Civ 469 – Transparency Project

‘This case is about a little boy, J, who was approaching three years of age at the time the decision was made. His mother was 19 when J was born and she was living with J’s father. The local authority issued care proceedings in relation to J in August 2018. The proceedings began as J suffered a number of injuries whilst he was in the care of his mother and a Mr K. At a hearing before His Honour Judge Jack (‘the Judge’) findings were made that the mother had suffered serious abuse at the hands of J’s father.’

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Transparency Project, 12th April 2021

Source: www.transparencyproject.org.uk