Category: local government

Is there still any place for supervision orders? – Transparency Project

Posted April 14th, 2021 in children, families, local government, news, parental responsibility, supervision orders by sally

‘The purpose and effectiveness of this type of court order is currently being considered by one of the innumerable sub-groups of the Public Law Working Group. Now, the NFJO have reported on a rapid survey of professionals and parents who were asked quite detailed questions about supervision orders (SOs) in which they were involved during the last six years (presumably since the legislative changes to family proceedings in 2014). There was a good response from nearly 300 social work and legal professionals but only ten parents responded. However the NFJO is carrying out some separate work with focus groups for parents’ views.’

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Transparency Project, 13th April 2021

Source: www.transparencyproject.org.uk

Judge considers whether local authority obliged to assess members of ‘original family’ of mother who herself was adopted – Local Government Lawyer

Posted April 13th, 2021 in adoption, care orders, local government, mental health, news by sally

‘A Family Court judge has issued a ruling on whether, within public law proceedings, there was any obligation on a local authority to assess members of the biological/birth family of the mother of the subject infant child, where the mother herself was adopted as a child and raised by adoptive parents.’

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Local Government Lawyer, 12th April 2021

Source: www.localgovernmentlawyer.co.uk

Rare appeal allowed over refusal by judge to adjourn final care hearing – Local Government Lawyer

Posted April 12th, 2021 in appeals, care orders, children, domestic violence, families, local government, news, placement orders, pregnancy by sally

‘A mother’s appeal of a decision by a family judge not to adjourn an imminent final hearing in care proceedings has been allowed in a “rare” case before the Court of Appeal.’

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Local Government Lawyer, 9th April 2021

Source: www.localgovernmentlawyer.co.uk

20-6 or 4-1: Council wins High Court battle over lease of stately home – Local Government Lawyer

Posted April 8th, 2021 in leases, local government, mesne profits, news by sally

‘A High Court judge has likened the result of a trial of a lease dispute involving Wigan Borough Council to the outcome of rugby league and soccer matches.’

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Local Government Lawyer, 7th April 2021

Source: www.localgovernmentlawyer.co.uk

Councils may have suffered because of ‘pre-paid cards’ cartel, according to provisional findings of regulator – Local Government Lawyer

Posted April 6th, 2021 in benefits, competition, electronic commerce, local government, news by sally

‘Local authorities may have missed out on an alternative supplier of pre-paid cards or products that were either cheaper or better suited to both their needs and the needs of those using such cards, the Payment Systems Regulator (PSR) has said after provisionally finding that five companies engaged in cartel behaviour.’

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Local Government Lawyer, 6th April 2021

Source: www.localgovernmentlawyer.co.uk

Deprivation of liberty and writs of habeas corpus – Local Government Lawyer

Posted April 1st, 2021 in autism, Court of Protection, deprivation of liberty safeguards, habeas corpus, jurisdiction, local government, news, school children by sally

‘The Court of Protection has found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.’

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Local Government Lawyer, 1st April 2021

Source: www.localgovernmentlawyer.co.uk

Leaseholders win battle with City of London over service charges – Local Government Lawyer

Posted March 31st, 2021 in leases, local government, London, news, repairs, service charges by sally

‘Leaseholders have won a Court of Appeal case against the City of London Corporation over whether certain repairs to their homes are chargeable to them.’

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Local Government Lawyer, 31st March 2021

Source: www.localgovernmentlawyer.co.uk

Housing case law update – March 2021 – Local Government Lawyer

Posted March 31st, 2021 in change of use, coronavirus, costs, homelessness, housing, indemnities, injunctions, local government, news, ombudsmen, planning, rent, repayment, repossession by sally

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

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Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

Mandatory relief when left in unsuitable temporary accommodation – Nearly Legal

Posted March 29th, 2021 in disabled persons, families, housing, judicial review, local government, news, statutory duty by sally

‘Imam, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 739 (Admin). This is the judgment in a judicial review claim seeking a declaration that Croydon was in breach of its statutory duty under section 193(2) of the Housing Act 1996 to provide suitable accommodation, and for mandatory relief, that Croydon provide suitable accommodation, and consider the claimant’s application for band 1 housing priority.’

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Nearly Legal, 28th March 2021

Source: nearlylegal.co.uk

Judge orders defendant to pay back £90,000 after Right to Buy fraud – Local Government Lawyer

Posted March 29th, 2021 in confiscation, fraud, housing, local government, news, proceeds of crime, sentencing, suspended sentences by sally

‘A defendant who admitted fraud under the Right to Buy scheme has been ordered to pay back more than £90,000.’

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Local Government Lawyer, 29th March 2021

Source: www.localgovernmentlawyer.co.uk

Our treatment of the vulnerable – Local Government Lawyer

Posted March 29th, 2021 in children, coronavirus, domestic violence, families, family courts, judges, local government, news by sally

‘The pandemic has shone a powerful searchlight on to the unnecessarily damaged lives of too many of our most vulnerable people and children. In a paper given at a Royal Holloway University of London Symposium, Sir James Munby, former President of the Family Division, looks at the challenges facing the family justice system.’

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Local Government Lawyer, 26th March 2021

Source: www.localgovernmentlawyer.co.uk

Domestic abuse: Women ‘could die in unregulated refuges’ – BBC News

Posted March 26th, 2021 in bills, domestic violence, housing, landlord & tenant, local government, news, women by sally

‘Domestic abuse support groups have warned that women will be unsafe if unregulated refuges are allowed to continue offering accommodation. One organisation said “women could die” if the practice does not stop. They fear the government’s Domestic Abuse Bill could see private landlords offering rooms for vulnerable women fleeing violence.’

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BBC News, 26th March 2021

Source: www.bbc.co.uk

MPs launch inquiry into Government approach to permitted development rights – Local Government Lawyer

Posted March 25th, 2021 in housing, inquiries, local government, news, planning, select committees by sally

‘The Housing, Communities and Local Government Committee has launched a new inquiry to examine the Government’s approach to permitted development rights (PDR).’

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Local Government Lawyer, 24th March 2021

Source: www.localgovernmentlawyer.co.uk

Councils to be given greater flexibility in reforms to use of Right to Buy receipts – Local Government Lawyer

Posted March 23rd, 2021 in housing, local government, news, right to buy, time limits by sally

‘Councils in England are to be given more freedom on how they spend the money received from homes sold through Right to Buy, Housing Secretary Robert Jenrick has said.’

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Local Government Lawyer, 22nd March 2021

Source: www.localgovernmentlawyer.co.uk

Late s.202 reviews and what gets appealed – Nearly Legal

Posted March 22nd, 2021 in appeals, homelessness, housing, local government, news, time limits by sally

‘Ngnoguem v Milton Keynes Council (2020] EWCA Civ 396, We’ve seen this prefigured in Stanley v Welwyn Hatfield Borough Council (2020) EWCA Civ 1458 (our note), but the relevant parts of that judgment on late reviews were strictly obiter, as the court had found that there was an agreement to extend time. Now the Court of Appeal has confirmed the position.’

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Nearly Legal, 21st March 2021

Source: nearlylegal.co.uk

Unequal chances? Ethnic disproportionality in child welfare and family justice – Family Law

Posted March 22nd, 2021 in care orders, children, equality, families, family courts, local government, news, race discrimination, racism, social services, statistics by sally

‘Many have experienced their own Black Lives Matter moment in the last 12 months, a sharp realisation of entrenched prejudices and inequalities that still exist in our society. In the family justice system that moment came last October when a black barrister, Alexandra Wilson, was mistaken for a defendant three times in one day. And yet, more generally there has been surprising little debate about the disproportionate numbers of families from some ethnic minorities in the family justice system and what might lie behind this.’

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Family Law, 19th March 2021

Source: www.familylaw.co.uk

Court of Appeal says judge should have decided issue over statutory construction about timetable for producing amended EHC plans – Local Government Lawyer

Posted March 19th, 2021 in Administrative Court, appeals, children, consultations, education, judicial review, local government, news by sally

‘An Administrative Court judge should have decided a point of statutory construction about the timetable for producing amended education health and care (EHC) plans instead of declining to do so since it was academic, the Court of Appeal has ruled.’

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Local Government Lawyer, 18th March 2021

Source: www.localgovernmentlawyer.co.uk

Judge orders children to be taken into long-term foster care over concerns about weight – Local Government Lawyer

Posted March 17th, 2021 in care orders, child neglect, children, families, family courts, fostering, health, local government, news by sally

‘A Family Court judge has made a care order for two children described as “severely overweight” to be taken into long-term foster care, following an application by West Sussex County Council.’

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Local Government Lawyer, 15th March 2021

Source: www.localgovernmentlawyer.co.uk

R(Ncube) v Brighton: “Everyone In” does exactly what it says on the tin – Nearly Legal

Posted March 17th, 2021 in asylum, benefits, homelessness, housing, local government, news by sally

‘The much-anticipated decision in R(Ncube) v Brighton and Hove City Council (2021) EWHC 578 (Admin) has arrived, confirming that in an emergency, “Everyone In” really does mean everyone. Mr Ncube was a rough sleeper and refused asylum seeker from Zimbabwe who sought accommodation from Brighton. The council found Mr Ncube ineligible for assistance because of his NRPF status, applying s.185 of the 1996 Act and the relevant secondary legislation. “NRPF” meaning someone with “no recourse to public funds” including the provision of temporary accommodation under Part VII of the Housing Act 1996 (the 1996 Act). From 30th November 2020 Mr Ncube was accommodated by the Home Office under s.4 of the Immigration and Asylum Act 1999 (the 1999 Act). Those powers state that the Secretary of State may provide accommodation where an asylum application has been refused, but there is an obstacle to the applicant returning to their country of origin.’

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Nearly Legal, 15th March 2021

Source: nearlylegal.co.uk

New Acts – legislation.gov.uk

Posted March 17th, 2021 in budgets, legislation, local government, telecommunications by sally

Supply and Appropriation (Anticipation and Adjustments) Act 2021

Telecommunications Infrastructure (Leasehold Property) Act 2021

Non-Domestic Rating (Lists) Act 2021

Contingencies Fund Act 2021

Source: www.legislation.gov.uk