Children: Public Law Update (October) – Family Law Week
“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”
Family Law Week, 28th October 2020
Source: www.familylawweek.co.uk
Category: local government
What To Do About London’s Roof Tops – The 36 Group
‘More than a few are eyeing the value of rooftops on residential tower blocks of flats.’
The 36 Group, October 2020
Source: 36group.co.uk
The cost of wrongly alleging breach of good faith: Part 36 offers and indemnity costs – Local Government Lawyer
‘A High Court judge’s decisions in a multi-million pound dispute between a council and a waste company are helpful in understanding the Court’s approach to duties of good faith – and the consequences of making allegations of bad faith without sufficient evidence, write Judith Hopper and Rory Budworth.’
Local Government Lawyer, 30th October 2020
Source: www.localgovernmentlawyer.co.uk
Court of Appeal identifies lessons on out of hours applications after disabled man sees human rights breached – Local Government Lawyer
‘The Court of Appeal has set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached.’
Local Government Lawyer, 29th October 2020
Source: www.localgovernmentlawyer.co.uk
Claimant fails in High Court challenge to grant of planning permission for creation of lake for rafting and canoeing – Local Government Lawyer
‘A local resident has lost a High Court case in which he claimed East Suffolk Council should not have given planning permission for the creation of a lake at a children’s adventure centre near his home.’
Local Government Lawyer, 29th October 2020
Source: www.localgovernmentlawyer.co.uk
Campaigners launch judicial review challenge over decision by council that petition on changing governance arrangements was invalid – Local Government Lawyer
‘A London borough is facing a judicial review challenge over its decision that a petition calling for a referendum on changes to its governance arrangements was invalid.’
Local Government Lawyer, 28th October 2020
Source: www.localgovernmentlawyer.co.uk
Recovery against insolvent estates – The 36 Group
‘Local authorities frequently have cause to seek recovery of sums owing from the estates of deceased persons, particularly (but not exclusively) in relation to care home fees owed by the deceased.’
The 36 Group, 26th October 2020
Source: 36group.co.uk
Civil Justice Council launches review of Pre-action Protocols – Local Government Lawyer
‘The Civil Justice Council has launched a review of Pre-action Protocols (PAPs) that will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required.’
Local Government Lawyer, 28th October 2020
Source: www.localgovernmentlawyer.co.uk
Inquest concludes that fatal stabbing of Bathsheba Shepherd could have been prevented – Garden Court Chambers
‘The family of a vulnerable woman who was killed by her housemate while in supported accommodation have spoken of their loss after an inquest found that her death could have been prevented if effective risk assessments had been carried out.’
Garden Court Chambers, 5th October 2020
Source: www.gardencourtchambers.co.uk
Court of Appeal upholds ruling that council overcharged tenants for water – Local Government Lawyer
‘The Royal Borough of Kingston-upon-Thames has lost its appeal to the Court of Appeal over a High Court ruling that it overcharged tenants for water.’
Local Government Lawyer, 27th October 2020
Source: www.localgovernmentlawyer.co.uk
Traveller families win court battle over living on land they own – BBC News
‘Six Traveller families have won a High Court appeal against a decision which would stop them living on land they own in Newark-on-Trent, Nottinghamshire.’
BBC News, 27th October 2020
Source: www.bbc.co.uk
Challenging adoption – two recent cases – Transparency Project
‘In this post, I am going to explain two recent decisions by the Court of Appeal about adoption. These are Re Y – which is about leave to oppose (I will explain), and Re JL which is about leave to revoke a placement order (I really will explain). These decisions are nothing special in terms of their wider relevance – they do not change the law in a landmark way, nor are they “disruptive judgments”. They are, however, useful in understanding what the law requires of local authorities and the courts in deciding whether a child should be adopted.’
Transparency Project, 26th October 2020
Source: www.transparencyproject.org.uk
Damning CQC report calls for improved community-based capacity, pooled budgets and new national specialist commissioner of complex care – Local Government Lawyer
‘A Care Quality Commission review has found “undignified and inhumane” care in some hospital settings providing complex care for autistic people, and people with a learning disability and/or mental health condition.’
Local Government Lawyer, 26th October 2020
Source: www.localgovernmentlawyer.co.uk
Ombudsman criticises council for leaving visually impaired man without support to access the community – Local Government Lawyer
‘A visually impaired man did not have the help he needed for 14 months after Westminster City Council reduced his support package, the Local Government and Social Care Ombudsman has said.’
Local Government Lawyer, 22nd October 2020
Source: www.localgovernmentlawyer.co.uk
Ombudsman report finds council wrongly accused woman of using abusive language, stopped Care Act assessment – Local Government Lawyer
‘The Royal Borough of Greenwich has been told by the Local Government and Social Care Ombudsman that it need not compensate a woman it wrongly accused of using abusive language to a staff member.’
Local Government Lawyer, 21st October 2020
Source: www.localgovernmentlawyer.co.uk
Civil Justice Council report identifies significant problems around anti-social behaviour injunctions – Local Government Lawyer
‘Anti-social behaviour injunctions (ASBIs) – which were introduced by the Anti-Social Behaviour Crime and Policing Act 2014 – are not working, a report published this month by the Civil Justice Council has claimed.’
Local Government Lawyer, 20th October 2020
Source: www.localgovernmentlawyer.co.uk
Supreme Court rejects appeal over allocation of housing to members of religious group – Local Government Lawyer
‘The Supreme Court has unanimously dismissed an appeal over the lawfulness and proportionality of a housing charity’s policy of allocating social housing primarily to members of the Orthodox Jewish community in Hackney and in particular the Haredi community.’
Local Government Lawyer, 16th October 2020
Source: www.localgovernmentlawyer.co.uk
New Judgment: R (on the application of Z and Anor) (AP) v Hackney London Borough Council and Anor [2020] UKSC 40 – UKSC Blog
‘The Supreme Court unanimously dismissed this appeal about the application of anti-discrimination law to charities, where they are established to provide benefits (in this case, social housing) for particular groups which are the subject of their charitable objectives. The relevant anti-discrimination laws are contained in the Equality Act 2010 and Council Directive 2000/43/EC of 29 June 2000 (the “Race Directive”).’
UKSC Blog, 16th October 2020
Source: ukscblog.com
UK supreme court backs housing charity’s ‘Jewish only’ rule – The Guardian
‘A woman seeking housing in east London who alleged racial discrimination when a housing charity reserved its properties for Orthodox Jewish people has lost her case at the supreme court.’
The Guardian, 16th October 2020
Source: www.theguardian.com
