Category: local government

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

Posted August 10th, 2020 in adoption, care orders, chambers articles, children, costs, data protection, disclosure, documents, families, family courts, human rights, local government, media, news, parental responsibility, privacy by sally

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

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Panopticon, 7th August 2020

Source: panopticonblog.com

Judge gives reasons for granting interim injunction prohibiting anti-HS2 protesters from overnight sleeping and other acts on council land next to construction site – Local Government Lawyer

Posted August 6th, 2020 in demonstrations, injunctions, local government, news, nuisance, railways, reasons, trespass by sally

‘A High Court judge has issued his reasons for last month granting Hillingdon Council a limited interim injunction preventing a number of named defendants and persons unknown from doing certain acts on land at Harefield Moor owned by the council and adjoining the site of construction works for part of the HS2 railway line.’

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Local Government Lawyer, 5th August 2020

Source: www.localgovernmentlawyer.co.uk

Council charged over death of girl, 5, killed by playground swing faces £2m legal bill – Daily Telegraph

Posted August 5th, 2020 in accidents, causing death of children or vulnerable adults, children, costs, fines, health & safety, local government, news, personal injuries by sally

‘A council has reportedly been charged over the death of a five-year-old girl who was killed by a rotting playground swing, and faces a potential £2m legal bill.’

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Daily Telegraph, 4th August 2020

Source: www.telegraph.co.uk

High Court rejects challenge to award by arbitrator favouring council in property lease dispute – Local Government Lawyer

Posted August 5th, 2020 in dispute resolution, landlord & tenant, leases, local government, news, rent by sally

‘A High Court judge has dismissed a bid by a landlord to have set aside an arbitrator’s award that favoured a council as tenant of a city centre property.’

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Local Government Lawyer, 4th August 2020

Source: www.localgovernmentlawyer.co.uk

Autism in children: ‘Many families face council discrimination’ – BBC News

Posted August 5th, 2020 in autism, children, disability discrimination, disabled persons, equality, families, local government, news, social services by sally

‘More than a quarter of English councils are acting unlawfully by discriminating against children with autism, according to a report by disability law experts.’

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BBC News, 4th August 2020

Source: www.bbc.co.uk

Model Code of Conduct consultation – Law Society’s Gazette

Posted August 4th, 2020 in consultations, corruption, local government, news, professional conduct, standards by sally

‘Most councillors work with tireless dedication to provide, promote and lead best-quality and responsive local services in their areas. But for their pains they can often be subject to rude abuse. Even Samuel Pepys, writing on 17 March 1662, recorded his Lord Mayor as “a talking, bragging Bufflehead” (blockhead) and was “confident there is no man almost in the City cares a turd for him”. On the other hand, the dark ghost of “Donnygate” haunts public perceptions of council members’ conduct. On 13 March 2002, the Guardian reported that: “The worst local government corruption case since the Poulson scandal of the 1970s ended yesterday” when former Doncaster planning chairman, Peter Birks, was imprisoned for four years and two former council leaders and two former mayors were among 21 councillors convicted of fraud.’

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Law Society's Gazette, 3rd August 2020

Source: www.lawgazette.co.uk

Council wins appeal over order discharging interim care orders – Local Government Lawyer

Posted August 4th, 2020 in appeals, care orders, children, local government, news by sally

‘Herefordshire Council has won an appeal from an order discharging interim care orders in relation to girls aged nine and seven.’

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Local Government Lawyer, 3rd August 2020

Source: www.localgovernmentlawyer.co.uk

Shirley Oaks: Care home survivors call for mandatory reporting of abuse – BBC News

Posted August 3rd, 2020 in care homes, child abuse, children, compensation, inquiries, local government, news, racism, sexual offences, social services, victims by sally

‘Survivors of prolonged abuse while in the care of Lambeth Council have called for the failure to report abuse in children’s homes to be made a crime.’

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BBC News, 31st July 2020

Source: www.bbc.co.uk

The public/private divide in the Environmental Information Regulations 2004 – Monckton Chambers

Posted July 31st, 2020 in chambers articles, housing, landlord & tenant, local government, news, statutory interpretation by sally

‘In a judgment that will be of interest to a number of entities, particularly in the transport and utilities sectors, the Upper Tribunal in IC v Poplar Housing Association [2020] UKUT 182 (AAC) has provided a boost to this analysis, upholding a narrow definition of “public authority” under Regulation 2(2)(c) of the Environmental Information Regulations (“EIR”) that will exclude many organisations from the scope of the regime.’

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Monckton Chambers, 24th July 2020

Source: www.monckton.com

Enforcing the Novel Food regime – Part 1: Overview and Rationale – 3PB

Posted July 31st, 2020 in brexit, chambers articles, enforcement, food, food hygiene, health & safety, local government, news by sally

‘This short series of bitesize articles will take a deeper look into the enforcement of the Novel Food regime and seek to identify and breakdown the powers made available to those agencies (typically local authorities), who are tasked with securing compliance.’

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3PB, 21st July 2020

Source: www.3pb.co.uk

Council loses High Court battle over level of support for disabled young woman – Local Government Lawyer

Posted July 31st, 2020 in autism, carers, disabled persons, families, judicial review, learning difficulties, litigation friends, local government, news by sally

‘The London Borough of Southwark has lost a High Court case over a disabled young woman’s care plan after a judge found aspects of the council’s case to be materially flawed or erroneous.’

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Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Local Authority Powers: Coronavirus Update ‘Part 2A’ Public Health Orders – 4-5 Gray’s Inn Square

Posted July 30th, 2020 in coronavirus, health, local government, news, regulations by sally

‘As the UK emerges from lockdown, and as local spikes start to emerge, it is increasingly important that new cases of coronavirus are identified quickly and that anyone who may be infectious complies with guidelines on quarantine, self-isolation and contact tracing. This article considers the potential of Part 2A Public Health Orders as a tool for local authorities to enforce testing and quarantine requirements where infectious individuals refuse to comply voluntarily and pose a threat to public health.’

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4-5 Gray's Inn Square, 20th July 2020

Source: www.4-5.co.uk

Upper Tribunal dismisses bid to claim adverse possession over land owned by city council – Local Government Lawyer

Posted July 30th, 2020 in adverse possession, land registration, local government, news by sally

‘Two applicants have been told they cannot claim adverse possession of council-owned land which is not adjacent to their own.’

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Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rejects appeal by county council over naming of school for child with special educational needs – Local Government Lawyer

Posted July 30th, 2020 in appeals, local government, news, school admissions, school children, special educational needs by sally

‘Worcestershire County Council has lost an Upper Tribunal case over which school a child with special educational needs should attend.’

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Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 – Family Law

Posted July 29th, 2020 in adoption, care orders, children, consultations, coronavirus, families, government departments, local government, news, social services by sally

‘Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020.’

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Family Law, 28th July 2020

Source: www.familylaw.co.uk

Judge rejects calls for recusal in planning case amid accusations of bias – Local Government Lawyer

Posted July 27th, 2020 in bias, injunctions, judges, local government, news, planning, recusal by sally

‘A High Court judge has refused to recuse himself from a planning case involving Surrey Heath Borough Council after claimants accused him of bias.’

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Local Government Lawyer, 23rd July 2020

Source: www.localgovernmentlawyer.co.uk

Developer loses High Court battle over planning consent after council admitted failure to give adequate reasons – Local Government Lawyer

Posted July 27th, 2020 in local government, news, planning by sally

‘Bath and North East Somerset Council should have given adequate reasons when it allowed a development against officer’s recommendations, the High Court has found.’

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Local Government Lawyer, 23rd July 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge outlines reasons for granting interim injunction over anti-social behaviour in park – Local Government Lawyer

Posted July 22nd, 2020 in injunctions, local government, news, nuisance, parks, public spaces protection orders by sally

‘A High Court judge has given his reasons for granting, despite his misgivings, the London Borough of Hackney an interim injunction against anti-social behaviour in a park.’

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Local Government Lawyer, 22nd July 2020

Source: www.localgovernmentlawyer.co.uk

Raves, laughing gas and drink: a nuisance in Hackney – UK Human Rights Blog

Posted July 21st, 2020 in injunctions, local government, news, nuisance by sally

‘This case involved the ancient tort of public nuisance. Such a claim is addressed to behaviour which inflicts damage, injury or inconvenience on all members of a class who come within the sphere or neighbourhood of its operation.’

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UK Human Rights Blog, 20th July 2020

Source: ukhumanrightsblog.com

Judge criticises council for failure to implement recommendations of First-tier Tribunal – Local Government Lawyer

Posted July 16th, 2020 in autism, children, community care, local government, news by sally

‘The London Borough of Barnet gave “disingenuous” and “erroneous” reasons for departing from the recommendations of the First-Tier Tribunal (FTT) in a case concerning an autistic boy’s care, a judge has ruled.’

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Local Government Lawyer, 16th July 2020

Source: www.localgovernmentlawyer.co.uk