Category: local government

The power to make a Public Path Diversion Order – No. 5 Chambers

Posted June 1st, 2020 in chambers articles, footpaths, local government, news by sally

‘The recent decision of the High Court (Lieven J.) in The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2020] EWHC 1085 (Admin) “the OSS case”) considered the relevant considerations to be taken into account by a council when determining whether to exercise the power to make a Public Path Diversion Order (PPO) pursuant to section 119 of the Highways Act 1980 (as amended). The decision raises points for councils, vendors, purchasers and owners of adjacent land.’

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No. 5 Chambers, 19th May 2020

Source: www.no5.com

R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16 – Wilberforce Chambers

Posted May 29th, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘In 2016, the Government issued guidance to local authorities administering the local government pension scheme (“LGPS”) which had the effect of restricting divestments from UK defence companies and foreign countries. In response, the Palestine Solidarity Campaign, a company dedicated to campaigning in support of the rights of the Palestinian people, sought judicial review of this guidance. In R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16, the Supreme Court ruled by a bare majority in favour of the PSC.’

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Wilberforce Chambers, 28th May 2020

Source: www.wilberforce.co.uk

London borough wins High Court battle with tenant on banding and overcrowding – Local Government Lawyer

Posted May 28th, 2020 in families, housing, judicial review, local government, news by sally

‘The London Borough of Southwark was entitled to conclude a family was not in the highest category of overcrowding because it had voluntarily moved into accommodation that would become statutorily overcrowded as its children grew older.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

Housing lawyers group hits out at plans for resumed possession hearings in London – Local Government Lawyer

Posted May 28th, 2020 in consultations, coronavirus, courts, housing, landlord & tenant, local government, news, repossession by sally

‘The Housing Law Practitioners Association (HLPA) has condemned proposals for resumed possession hearings in London courts as “unconscionable” and “naïve”.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal says coronavirus stay also covers appeals against possession orders – Local Government Lawyer

Posted May 28th, 2020 in appeals, coronavirus, housing, local government, news, practice directions, repossession by sally

‘The suspension of possession proceedings due to the COVID-19 outbreak applies to appeals as well as new cases, the Court of Appeal has ruled.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

When 52 is also 51 because 55. – Nearly Legal

Posted May 28th, 2020 in appeals, civil procedure rules, housing, local government, news, practice directions, repossession by sally

‘An appeal to the Court of Appeal on the issue of whether appeals of possession orders (or indeed appeals from Part 55 possession proceedings generally) are caught by the Practice Direction 51Z stay of part 55 possession claims.’

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Nearly Legal, 27th May 2020

Source: nearlylegal.co.uk

Children in care and vaccinations: who decides? – UK Human Rights Blog

Posted May 28th, 2020 in care orders, children, families, fostering, local government, medical treatment, news, parental rights, vaccination by sally

‘In the current circumstances, this case has important resonances and maybe even implications for future vaccinations. It was an appeal by the parents of a ten year old child against a decision that the local authority, had lawful authority to have the child vaccinated (pursuant to Section 33(3) of the Children Act 1989.’

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UK Human Rights Blog, 28th May 2020

Source: ukhumanrightsblog.com

Can urns be buildings? Supreme Court rules in landmark listing dispute – Law Society’s Gazette

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘A landowner who sold two 18th century lead urns he had inherited with his home without realising that they were subject to a listing order has had his appeal against an enforcement notice backed by the Supreme Court. Today’s ruling in Dill v Secretary of State for Housing and Local Government could help clarify the definition of “building” on the statutory list.’

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Law Society's Gazette, 20th May 2020

Source: www.lawgazette.co.uk

New Judgment: Dill v Secretary of State for Housing, Communities and Local Government & Anor [2020 UKSC 20] – UKSC Blog

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘This appeal concerns the correct treatment of a pair of early 18th century lead urns resting on limestone pedestals. It raised important questions about the correct interpretation and application of the Planning (Listed Buildings and Conservation Areas) Act 1990, namely, whether the items were “buildings” for the purposes of the Act. The Courts below concluded that the items were “buildings” and the applicant appealed to the Supreme Court.’

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UKSC Blog, 27th May 2020

Source: ukscblog.com

Gassa & Anor, R (on the application of) v Richmond Independent Appeals Service & Anor [2020] EWHC 957 (Admin) (22 April 2020) – 3PB

Posted May 27th, 2020 in domicile, judicial review, local government, news, school admissions, school children by sally

‘This case concerned an application for judicial review of a decision by the London Borough of Richmond upon Thames (“the Council”) not to treat the Claimants’ rented address in East Sheen as their permanent home for the purposes of a school admissions application for their son. This was because the Claimants also owned a property in Barnes.’

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3PB, 6th May 2020

Source: www.3pb.co.uk

Woman who makes involuntary sounds fails in judicial review challenge over noise abatement notice – Local Government Lawyer

Posted May 26th, 2020 in disability discrimination, disabled persons, environmental protection, equality, judicial review, local government, news, noise, notification, proportionality by sally

‘A 67-year-old retired primary school teacher who has a neurological disorder that causes her to make involuntary sounds and noises has failed in a judicial review challenge over a noise abatement notice.’

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Local Government Lawyer, 26th May 2020

Source: www.localgovernmentlawyer.co.uk

Cash machines in supermarkets not separate hereditaments for rating purposes: Supreme Court – Local Government Lawyer

Posted May 26th, 2020 in appeals, local government, news, rates, Supreme Court, valuation by sally

‘The Supreme Court has upheld a Court of Appeal ruling that ATM machines are not rateably occupied separately from the host stores.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners in legal threat over “failure to collect data on deaths of those with learning disabilities and autism during COVID-19” – Local Government Lawyer

Posted May 26th, 2020 in autism, coronavirus, disability discrimination, disabled persons, learning difficulties, local government, news, statistics by sally

‘Disability campaigners have sent a letter before action to five public bodies over what they say has been a failure to mandate the collection and publication of data on the deaths of people with learning disabilities and autism during the coronavirus pandemic.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Supreme Court hands down key ruling on listed buildings – Local Government Lawyer

Posted May 22nd, 2020 in appeals, building law, interpretation, local government, news, planning, Supreme Court by sally

‘Planning inspectors should reconsider whether two lead urns that were placed on top of limestone piers at a historic house were “buildings” or not, the Supreme Court has ruled.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Judge names council after deciding knowledge of its social services failures in care case outweighed risk of jigsaw identification of children – Local Government Lawyer

Posted May 22nd, 2020 in anonymity, appeals, child abuse, children, families, local government, media, news, public interest, sexual offences, social services by sally

‘A judge has severely criticised the London Borough of Haringey’s child social services department, after deciding to name the council following an appeal by the Press Association over an earlier anonymity order.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Children getting older as ‘unnatural increase’ for overcrowding – Nearly Legal

Posted May 22nd, 2020 in children, families, housing, judicial review, local government, news by sally

‘This was a judicial review of Southwark’s allocation decision on the priority to be given to a family in accommodation which had become statutorily overcrowded.’

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Nearly Legal, 21st May 2020

Source: nearlylegal.co.uk

Police watchdog to announce decision on Johnson-Arcuri inquiry – The Guardian

Posted May 21st, 2020 in conflict of interest, local government, London, news, police, public procurement by sally

‘Boris Johnson will find out on Thursday if he faces a criminal investigation into his relationship with an American businesswoman while he was mayor of London.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

Supreme Court rejects appeal bid by Welsh Ministers over s.73 permissions ruling – Local Government Lawyer

Posted May 20th, 2020 in appeals, local government, news, planning, Supreme Court, Wales by sally

‘The Supreme Court has refused the Welsh Ministers’ application for permission to appeal a ruling that s.73 permissions cannot alter the description of development, it has been reported.’

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Local Government Lawyer, 19th May 2020

Source: www.localgovernmentlawyer.co.uk

Up to 1,500 English primary schools to defy 1 June reopening plan – The Guardian

Posted May 20th, 2020 in children, coronavirus, government departments, health, health & safety, local government, news, school children, teachers, trade unions by sally

‘Up to 1,500 primary schools in England are expected to remain closed on 1 June after a rebellion by at least 18 councils forced the government to say it had no plans to sanction them.’

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The Guardian, 19th May 2020

Source: www.theguardian.com

A Welcome Restriction on the Jurisdiction to Issue Community Protection Notices? by Emma Downing – Broadway House Chambers

Posted May 19th, 2020 in children, community protection notices, jurisdiction, local government, news by sally

‘Within the Youth Court the principles of parental engagement, involvement and where necessary responsibility are all well-established.’

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Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk