Council to pay £1,700+ after London man housed in Birmingham forced to give up job – Local Government Lawyer

Posted August 28th, 2020 in compensation, employment, housing, local government, news, ombudsmen by sally

‘Merton Council has agreed to pay more than £1,700 in compensation to a man who had to give up one of his jobs because the authority gave him accommodation in Birmingham – leaving him with a three-hour commute.’

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Local Government Lawyer, 27th August 2020

Source: www.localgovernmentlawyer.co.uk

Re D-S (Contact with Children in Care: Covid-19) – Family Law Week

‘This was a successful appeal against a decision of HHJ Lea to refuse a mother’s application for direct contact to her children (who were being cared for by the Local Authority) as the lockdown restrictions eased. Appeal allowed.’

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Family Law Week, 13th August 2020

Source: www.familylawweek.co.uk

A Conflict at the Heart of the Planning White Paper (And Some Skateboarding References)- Guildhall Chambers

‘Whilst much could be (and most of it has already been) written about the Government’s recent white paper on planning, two things struck me in particular.

First, how generous of Whitehall to offer such fertile ground to article-writing lawyers and other commentators searching for occupation during Covid-enforced idleness. There is only so much nourishment available via Zoom, and anyway, in terms of professional development, thanks to my planning bar colleagues and their prodigious supply of webinars (manifestly exceeding the need, whether assessed on a 5 year supply, standardised, or any other basis of your choice) all of us now know literally everything about the current policy and legislative regime that there is to know. Or at least, most of us do. Others have employed the unexpected gift of time more imaginatively: my two young sons and I, for example, are on the verge of perfecting the Frontside 180, which I reckon isn’t at all bad for three pre-lockdown non-skateboarders.’

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Guildhall Chambers, 25th August 2020

Source: www.guildhallchambers.co.uk

Littering unpunished by many councils in England and Wales – The Guardian

Posted August 28th, 2020 in fines, litter, local government, news, statistics by sally

‘Most councils issue less than one fine a week to litterers, according to data obtained via freedom of information rules, with one in six issuing no fines at all across a year.’

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The Guardian, 27th August 2020

Source: www.theguardian.com

Parents win fresh hearing in dispute over school named in EHC plan – Local Government Lawyer

‘The Upper Tribunal Administrative Appeals Chamber has ordered that a reconstituted panel of the First Tier Tribunal (FTT) should hear a dispute between the London Borough of Croydon and the parents of Child G over which school he should attend.’

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Local Government Lawyer, 26th August 2020

Source: www.localgovernmentlawyer.co.uk

Family Court judge allows autistic mother to type evidence in witness box during care proceedings – Local Government Lawyer

‘A Family Court judge has hailed the success of allowing an autistic mother’s oral evidence in care proceedings to be given by presenting her with written questions whilst in the witness box and for the answers to be typed in real time.’

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Local Government Lawyer, 25th August 2020

Source: www.localgovernmentlawyer.co.uk

Mother and grandparents win appeal over interim care orders – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother and the maternal grandparents against interim care orders made in respect of three children, saying the transcript of the hearing before the recorder “demonstrates once again the difficulties facing courts required to conduct hearings remotely because of the restrictions imposed as a result of the pandemic”.’

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Local Government Lawyer, 24th August 2020

Source: www.localgovernmentlawyer.co.uk

Taxi drivers group eyes legal challenge over ‘Streetspace’ policy of London mayor and TfL – Local Government Lawyer

Posted August 26th, 2020 in bicycles, coronavirus, local government, London, news, road safety, roads, taxis by sally

‘The Licensed Taxi Drivers’ Association (LDTA) plans a legal challenge to London mayor Sadiq Khan and Transport for London (TfL) over their Streetspace policy.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Suitability, affordability and benefit claims – Nearly Legal

‘A interim judicial review decision from May, but judgment just out. The issue was the suitability of temporary accommodation under section 188 Housing Act 1996 (judicial review necessary, as no s.202 review option on s.188 accommodation).’

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Nearly Legal, 23rd August 2020

Source: nearlylegal.co.uk

Eviction ban extended by four weeks – Local Government Lawyer

‘The ban on tenant evictions, which was set to expire on Monday 23rd August, has been extended for a further four weeks until 20th September.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Councils warn of “cliff edge” with 500,000 people at risk of eviction once stay on proceedings is lifted – Local Government Lawyer

Posted August 21st, 2020 in coronavirus, debts, housing, landlord & tenant, local government, news, rent, repossession by sally

‘Councils have warned that hundreds of thousands of people could be at risk of eviction when the stay on possession proceedings introduced during the COVID-19 pandemic comes to an end on 23 August.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Claimants vow to appeal after High Court dismisses challenge over “downgrading” during pandemic of rights of children with SEN – Local Government Lawyer

‘A High Court judge has dismissed a legal challenge to the Education Secretary’s decisions to reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and disabilities in England during the pandemic.’

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Local Government Lawyer, 19th August 2020

Source: www.localgovernmentlawyer.co.uk

Council warns of potential breach of statutory duty in relation to unaccompanied asylum-seeking children – Local Government Lawyer

‘The Leader of Kent County Council has warned that the local authority “cannot safely meet our statutory duty” when it comes to its capacity to care for new arrivals of unaccompanied asylum-seeking children (UASC).’

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Local Government Lawyer, 18th August 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge remits Leeds site allocations plan to inspectors for reconsideration – Local Government Lawyer

Posted August 17th, 2020 in government departments, housing, local government, news, planning by sally

‘The High Court has remitted Leeds City Council’s site allocations plan to the Secretary of State For Housing, Communities and Local Government for reconsideration by planning inspectors, despite both the minister and the council opposing this course of action.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Mother wins appeal over request for French court to assume jurisdiction of care case – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother against an order secured during care proceedings by an unnamed local authority to request a French family court to assume jurisdiction of a case involving her son’s care under Article 15 of Council Regulation (EC) 2201/2003.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Mayor defeats Court of Appeal challenge to removal of congestion charge exemption from minicab drivers – Local Government Lawyer

‘The Court of Appeal has found for the Mayor of London Sadiq Khan in a case brought by minicab drivers, despite judges being troubled by aspects of his actions.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down ruling on changing nationality of children in care – Local Government Lawyer

‘A local authority cannot seek to change the nationality of children in care without the matter being considered by the High Court, the Court of Appeal has ruled.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Standing to bring a public procurement challenge—key considerations – Henderson Chambers

Posted August 14th, 2020 in chambers articles, contracts, local government, news, public procurement by sally

‘In a preliminary issue trial, the court considered the provisions of the Public Contracts Regulations 2015 (PCR 2015) relating to standing to bring a claim. The claimant’s case was that the council had unlawfully amended and extended an existing contract instead of conducting a full public procurement exercise and that, had such an exercise been run, it would have assembled a consortium to bid for the contract and might have won it. In a lengthy judgment, His Honour Judge Russen QC hammered home the fact that a potential challenger has to establish on the balance of probabilities that it has a ‘material interest’ in the procurement in order to bring a claim under PCR 2015. It is not sufficient, in order to meet the requirements of PCR 2015, reg 91, for a claimant to say that it has established only a more than fanciful case that it has, through noncompliance with the regulations, lost a more than fanciful opportunity. Community R4C Ltd v Gloucestershire County Council [2020] EWHC 1803 (TCC).’

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Henderson Chambers, 5th August 2020

Source: www.hendersonchambers.co.uk

Council must pay costs of redacting documents for journalist – Litigation Futures

Posted August 12th, 2020 in costs, disclosure, documents, local government, media, news by sally

‘A local authority must cover the costs of redacting court documents which are being disclosed to a freelance journalist, the High Court has ruled.’

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Litigation Futures, 12th August 2020

Source: www.litigationfutures.com

Abuse victim accused of ‘grooming’ teacher awarded £1m – BBC News

Posted August 11th, 2020 in damages, local government, news, sexual grooming, sexual offences, teachers by sally

‘A man sexually abused as a schoolboy has been awarded more than £1m from his teacher’s employer.’

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BBC News, 11th August 2020

Source: www.bbc.co.uk