local government – Page 74 – Current Awareness

A Local Authority v GP (Capacity – care, support and education) [2020] EWCOP 56 – 3PB

Posted November 19th, 2020 in Court of Protection, disabled persons, local government, news, special educational needs by sally

‘This was the first time that the Court of Protection had been asked to identify the relevant specific decisions that GP had to be able to make in relation to the aforementioned issues within the meaning of s3(1) and 15(1)(a) of the Mental Capacity Act 2005 (“the 2005 Act”) and to consider what the relevant information in respect of each of those decisions was that GP must have been able to understand, retain, use or weigh in accordance with s3(1) of the 2005 Act.’

3PB, November 2020

Source: www.3pb.co.uk

Will guardian schemes survive the Court of Appeal’s decision in Ludgate House? – Hardwicke Chambers

Posted November 18th, 2020 in appeals, chambers articles, guardianship, local government, news, rates by sally

‘Richard Clayton QC of Kings Chambers and Exchequer Chambers, and Faisel Sadiq discuss the upcoming appeal in Ludgate House Ltd v Ricketts (VO), in which they are instructed to represent the appellant (London Borough of Southwark), and how it is likely to play a significant role in the future of property guardian schemes.’

Hardwicke Chambers, 4th November 2020

Source: hardwicke.co.uk

Judicial review challenge to end after Government uses emergency procedure to formalise requirement for bailiffs not to enforce warrants and writs – Local Government Lawyer

Posted November 18th, 2020 in bailiffs, coronavirus, housing, judicial review, landlord & tenant, local government, Ministry of Justice, news, rent, warrants by sally

‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’

Local Government Lawyer, 17th November 2020

Source: www.localgovernmentlawyer.co.uk

Social housing landlords in England face checks on tenants’ satisfaction – The Guardian

Posted November 17th, 2020 in complaints, health & safety, landlord & tenant, local government, news, standards by sally

‘Social landlords in England will be required to report on residents’ satisfaction in an effort to rebalance power between owners and tenants in the wake of the Grenfell Tower disaster, the housing secretary has announced.’

The Guardian, 17th November 2020

Source: www.theguardian.com

Positive action and proportionality: Supreme Court guidance in Agudas Israel Housing Association – Cloisters

Posted November 16th, 2020 in appeals, chambers articles, equality, housing, human rights, Judaism, local government, London, news, proportionality, race discrimination, religious discrimination, Supreme Court by sally

‘In R (on the application of Z and another) (AP) (Appellants) v Hackney London Borough Council and another (Respondents) UKSC 2019/0162, the Supreme Court held that it was lawful for a housing association to provide social housing only to Orthodox Jews, in its first ever ruling on positive action. In this blog, Charlotte Goodman, an equality law barrister at Cloisters, considers the importance of the judgment.’

Cloisters, 6th November 2020

Source: www.cloisters.com

Case Law Update: Lancashire County Council v G (Unavailability of Secure Accommodation) [2020] EWHC 2828 (Fam) – Parklane Plowden Chambers

Posted November 16th, 2020 in attempts, care orders, children, detention, family courts, human rights, local government, mental health, news, suicide by sally

‘Mr Justice MacDonald authorised the deprivation of liberty of a vulnerable 16-year-old girl, G, under the inherent jurisdiction. The court was left with no real choice but to authorise the deprivation in circumstances where the only placement that could be located was neither secure nor regulated. Mr Justice MacDonald was troubled with the situation, and questioned whether he was simply being forced by mere circumstance to make an order irrespective of welfare considerations rather than exercising the courts’ welfare jurisdiction.’

Parklane Plowden Chambers, 6th November 2020

Source: www.parklaneplowden.co.uk

Post-Grenfell social housing reforms in England to be unveiled – The Guardian

Posted November 16th, 2020 in accidents, complaints, consumer protection, fire, housing, landlord & tenant, local government, news, standards by sally

‘Millions of tenants could be offered greater protection from wrongdoing by landlords in long-awaited social housing reforms to be announced this week, more than three years after the Grenfell Tower disaster.’

The Guardian, 16th November 2020

Source: www.theguardian.com

Water Sellers – Nearly Legal

Posted November 16th, 2020 in appeals, contracts, interpretation, landlord & tenant, local government, news, rent, water companies by sally

‘This was RB Kingston upon Thames’ appeal of the High Court’s finding that it was a “water reseller” under the Water Resale Orders 2001 and 2006, and thus not entitled to keep the additional funds it had recovered from the water rates paid by its tenants as part of the rent, though discounts and void allowances by Thames Water. This is significant because some 69 London councils and housing associations had entered the same or similar agreements with Thames Water, and would be liable to repay sums to their tenants for the relevant periods.’

Nearly Legal, 15th November 2020

Source: nearlylegal.co.uk

Home Office ‘failed to discuss restart of asylum evictions with local authorities’ – The Guardian

Posted November 16th, 2020 in asylum, coronavirus, government departments, homelessness, housing, immigration, local government, news by sally

‘The Home Office did not discuss the decision to restart asylum evictions with local authorities, it has been revealed, despite concerns about the immediate impact on homelessness and heightened risks of coronavirus transmission.’

The Guardian, 14th November 2020

Source: www.theguardian.com

Court of Appeal orders fresh welfare hearing over failure of judge to sufficiently examine risk of harm to children when making placement order – Local Government Lawyer

Posted November 16th, 2020 in adoption, appeals, care orders, children, deceit, families, family courts, judges, local government, news by sally

‘The Court of Appeal has ordered a fresh welfare hearing in a case where a Family Division judge decided that three children should be placed for adoption after he found, amongst other things, a major stumbling block to be the parents’ irrational and extreme over-reaction to the involvement of professionals in their lives and those of their children, most especially social workers.’

Local Government Lawyer, 13th November 2020

Source: www.localgovernmentlawyer.co.uk

Court quashes decision to accommodate disabled man 130 miles away from his support network – LB Waltham Forest v Saleh remains good law – Garden Court Chambers

Posted November 12th, 2020 in disabled persons, housing, local government, news by sally

‘HHJ Saunders at Central London County Court found the decision of LB Waltham Forest unlawful on a number of grounds.’

Garden Court Chambers, 5th November 2020

Source: www.gardencourtchambers.co.uk

Top family judge publishes guidance on protection of domestic abuse victims in remote and hybrid hearings – Local Government Lawyer

Posted November 11th, 2020 in codes of practice, domestic violence, families, family courts, local government, news, remote hearings by sally

‘The President of the Family Division, Sir Andrew McFarlane, has published guidance on the need to protect victims of domestic abuse in remote and hybrid hearings.’

Local Government Lawyer, 11th November 2020

Source: www.localgovernmentlawyer.co.uk

Section 21A Applications and Section 48 Orders (DP v A Local Authority) – 39 Essex Chambers

Posted November 11th, 2020 in chambers articles, Court of Protection, expert witnesses, human rights, local government, news by sally

‘In this case, Mr Justice Hayden provides helpful practical guidance on the operation of section 48 of the Mental Capacity Act 2005 (MCA 2005), as well as confirming the scope of, and the court’s role in, proceedings brought pursuant to MCA 2005, s 21A. He further emphasises the importance of section 21A application being determined speedily, in accordance with Article 5(4) of the European Convention on Human Rights (ECHR) (and accordingly suggests how practically weaknesses in capacity evidence could be addressed).’

39 Essex Chambers, 15th October 2020

Source: www.39essex.com

Court of Appeal says car cruising was “classic case for the grant of an injunction” – Local Government Lawyer

Posted November 11th, 2020 in appeals, injunctions, local government, news, public spaces protection orders, road traffic offences by sally

‘The Court of Appeal has dismissed an appeal over whether a car-cruising injunction was properly granted, given what was said to be the alternative remedy available to Birmingham City Council of itself making a public spaces protection order (PSPO).’

Local Government Lawyer, 11th November 2020

Source: www.localgovernmentlawyer.co.uk

Tens of thousands made homeless despite UK ban on evictions during pandemic – The Guardian

Posted November 9th, 2020 in coronavirus, government departments, homelessness, housing, landlord & tenant, local government, news, repossession, statistics, young persons by sally

‘Tens of thousands of people have been made homeless since the start of the pandemic despite a ban on evictions, the Guardian has found, with charities warning that younger people are falling through the gaps.’

The Guardian, 8th November 2020

Source: www.theguardian.com

Administrative Court allows appeal by tenant on extending time for service of notice of appeal in ASB case – Local Government Lawyer

Posted November 6th, 2020 in Administrative Court, appeals, Crown Court, housing, local government, news, notification, repossession, time limits by sally

‘A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.’

Local Government Lawyer, 5th November 2020

Source: www.localgovernmentlawyer.co.uk

Judge rules challenge to business rates liability orders “totally without merit” – Local Government Lawyer

Posted November 6th, 2020 in Administrative Court, appeals, bankruptcy, local government, news, rates by sally

‘The Administrative Court has thrown out a challenge to business rates liability orders as being “totally without merit”, and has imposed an extended civil restraint order to limit future litigation by the complainant.’

Local Government Lawyer, 5th November 2020

Source: www.localgovernmentlawyer.co.uk

Sheffield City Council failed boy with special educational needs – BBC News

Posted November 5th, 2020 in compensation, complaints, local government, news, ombudsmen, special educational needs by sally

‘A council has been told to pay a boy with special educational needs £20,000 because it failed to provide a suitable alternative education for him.’

BBC News, 5th November 2020

Source: www.bbc.co.uk

Lone child migrants cannot be put in adult hotels, high court rules – The Guardian

Posted November 3rd, 2020 in asylum, children, housing, judicial review, local government, news, statutory duty by sally

‘The high court has ruled that unaccompanied child migrants cannot be placed in adult hotel accommodation after three young asylum seekers won the right to be placed in the care of social services in the first case of its kind.’

The Guardian, 2nd November 2020

Source: www.theguardian.com

Reconsideration or review? – Local Government Lawyer

Posted November 2nd, 2020 in appeals, jurisdiction, local government, news, planning, statutory interpretation by sally

‘Owain Rhys James looks at an inspector’s jurisdiction under section 195 of the Town and Country Planning Act.’

Local Government Lawyer, 30th October 2020

Source: www.localgovernmentlawyer.co.uk

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