local government – Page 83 – Current Awareness

A2P1 and Access to Education during Covid-19 – Monckton Chambers

Posted May 19th, 2020 in coronavirus, disability discrimination, education, human rights, local government, news, school children by sally

‘As the home-time bell rang on 20 March 2020, schools and other educational providers across the country closed their doors in response to the Covid-19 pandemic. The only pupils currently permitted to attend school are vulnerable children and the children of key workers. All children, however, continue to enjoy the right to education under Article 2 of the First Protocol (A2P1) of the European Convention on Human Rights (ECHR).’

Monckton Chambers, 18th May 2020

Source: www.monckton.com

Changes to the EHCP regime during Covid-19: a quick guide for parents and representatives – Monckton Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, disabled persons, education, equality, learning difficulties, local government, news, school children by sally

‘On 1 May 2020, the entitlements of children with SEND (and their parents) in relation to the Education, Health and Care (EHC) Plan process changed. The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the “New Regulations”) came into force. They will expire on 25 September 2020 unless extended. The New Regulations amend four existing sets of Regulations including the Special Educational Needs and Disability Regulations 2014 (the “SEND Regulations”).’

Monckton Chambers, 12th May 2020

Source: www.monckton.com

Mayor of London loses statutory challenge over permission for substantial development at top private school – Local Government Lawyer

Posted May 15th, 2020 in appeals, local government, London, news, planning by sally

‘The Mayor of London has failed in a challenge by statutory review to a decision of the Secretary of State for Housing, Communities and Local Government to allow an appeal by Harrow School against refusal of planning permission for a substantial development.’

Local Government Lawyer, 14th May 2020

Source: www.localgovernmentlawyer.co.uk

Government to ease requirements on publicity and consultation in latest measures to help planning system operate during COVID-19 – Local Government Lawyer

Posted May 15th, 2020 in consultations, coronavirus, easements, housing, local government, news, planning by sally

‘The Ministry of Housing, Communities and Local Government has announced further, temporary measures to make it easier to operate the planning system during the coronavirus outbreak.’

Local Government Lawyer, 13th May 2020

Source: www.localgovernmentlawyer.co.uk

London borough defends legal challenge to level of support provided to family with child in need and older sibling – Local Government Lawyer

Posted May 15th, 2020 in benefits, children, families, food, local government, news by sally

‘The London Borough of Bexley was entitled to decide not to pay to feed the older brother of a child in need who lived in the same home.’

Local Government Lawyer, 13th May 2020

Source: www.localgovernmentlawyer.co.uk

Teachers can legally refuse to return over health risk, says union – The Guardian

Posted May 15th, 2020 in coronavirus, education, employment, government departments, health, health & safety, local government, news, school children, teachers, trade unions by sally

‘Teachers can legally refuse to return when schools reopen unless they get the same protections against coronavirus as other frontline staff, one of the UK’s leading teaching unions has warned.’

The Guardian, 14th May 2020

Source: www.theguardian.com

Developer fails in claim that 135-home residential scheme was appropriate alternative development for compulsorily purchased site – Local Government Lawyer

Posted May 14th, 2020 in compulsory purchase, local government, news, planning by sally

‘A judge has rejected a developer’s claim that 135 homes would have been appropriate alternative development for a site compulsorily purchased for a bypass.’

Local Government Lawyer, 14th May 2020

Source: www.localgovernmentlawyer.co.uk

Interim injunctions against persons unknown – Law Society’s Gazette

Posted May 14th, 2020 in anonymity, injunctions, local government, news, travellers by sally

‘As George Harrison once sang: ‘All things must pass.’ So while protesters, trespassers and others may now be quietly isolated (keyboard activism apart), normal life will eventually resume – and with it will come the need to restrain any unlawful or other anti-social behaviour.’

Law Society's Gazette, 11th May 2020

Source: www.lawgazette.co.uk

Charity sends letter before action over regulations relaxing social care protections – Local Government Lawyer

Posted May 13th, 2020 in adoption, care orders, charities, children, consultations, coronavirus, families, local government, news, social services by sally

‘Children’s rights charity Article 39 has threatened the Department for Education with legal action if it does not withdraw regulations aimed at assisting the children’s care sector during the COVID-19 crisis.’

Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects challenge over lawfulness of PD51Z staying possession proceedings: report – Local Government Lawyer

Posted May 13th, 2020 in appeals, civil procedure rules, coronavirus, emergency powers, housing, local government, news, practice directions, repossession by sally

‘The Court of Appeal has upheld the lawfulness of Practice Direction 51Z, the Housing Law Practitioners Association (HLPA) has reported.’

Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

Separation REALLY is the last resort – Garden Court Chambers

Posted May 12th, 2020 in care orders, children, disabled persons, domestic violence, drug abuse, local government, news by sally

‘In this case, the local authority successfully applied for an interim care order as a result of the mother’s longstanding drug addiction (which had led to the need for one leg to be amputated and the use of a wheelchair), her chaotic lifestyle, and domestic abuse concerns. The child was placed with her mother in a residential unit.’

Garden Court Chambers, 27th April 2020

Source: www.gardencourtchambers.co.uk

FINDINGS OF FACT………’Failure to protect’. – Becket Chambers

Posted May 7th, 2020 in care orders, chambers articles, child abuse, evidence, local government, news by sally

‘It is always good to return to basics and remind ourselves of the fundamental principle that ‘findings of fact’ must be based on evidence, and this can include inferences that can properly be drawn from the evidence’. A reminder that it is not on suspicion or simply speculation. (RE A (Fact Finding: Disputed Findings) [2011] EWCA Civ 12 [2011] 1 FLR 1817.’

Becket Chambers, 5th May 2020

Source: becket-chambers.co.uk

Court upholds ban on anti-abortion poster targeting Stella Creasy – The Guardian

Posted May 7th, 2020 in abortion, freedom of expression, human rights, local government, news by sally

‘An anti-abortion campaigner who is banned from displaying a poster featuring an image of a dead foetus alongside a picture of the Labour MP Stella Creasy has failed to overturn a council order against him.’

The Guardian, 6th May 2020

Source: www.theguardian.com

How Should Reviewing Officers Approach the Question of Intentionality? – St Ives Chambers

Posted May 7th, 2020 in domestic violence, harassment, homelessness, housing, local government, news by sally

‘This article focusses on the approach that reviewing officers should take when deciding whether someone has made themselves intentionally homeless following the Court of Appeal’s decision in LB v London Borough of Tower Hamlets [2020] EWCA Civ 439.’

St Ives Chambers, 29th April 2020

Source: www.stiveschambers.co.uk

Suitability in the time of Coronavirus – Doughty Street Chambers

Posted May 5th, 2020 in coronavirus, homelessness, housing, local government, news by sally

‘The conditions in which many statutorily homeless people live are frequently sub-optimal. Everyone has an anecdotal story of a family of five provided with temporary accommodation in a studio flat above a nightclub which is accessed via a dark alleyway, which the local authority insist is suitable. A frequent source of controversy is the use of hostels to discharge duties, where potentially highly vulnerable people are required to live with and share facilities with those who they do not know.’

Doughty Street Chambers, 1st May 2020

Source: insights.doughtystreet.co.uk

Re A (Children) (Remote Hearing: Care and Placement Orders)[2020] EWCA Civ 583 – Broadway House Chambers

Posted May 4th, 2020 in appeals, care orders, children, coronavirus, courts, families, fostering, live link evidence, local government, news, remote hearings by sally

‘This is the first appeal in a case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 crisis.’

Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

Children’s Commissioner for England calls for revocation of “unnecessary” regulations relaxing children’s social care protections – Local Government Lawyer

Posted May 4th, 2020 in adoption, care orders, children, coronavirus, emergency powers, families, local government, news, social services by sally

‘The Children’s Commissioner for England, Anne Longfield, has sharply criticised the government’s relaxation of regulations relating to children’s social care, saying she does not believe that they are necessary except in one limited case.’

Local Government Lawyer, 1st May 2020

Source: www.localgovernmentlawyer.co.uk

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020, and a little bit of history. – Transparency Project

Posted May 4th, 2020 in adoption, care orders, children, coronavirus, emergency powers, families, fostering, local government, news, social services, statutory interpretation by sally

‘The regulations make changes to the duties that local authorities have with regards to safeguarding children. These are temporary changes and the regulations give a date in September 2020 for them to lapse. This date can be extended, reviewed or simply removed. They were simply made by virtue of the Coronavirus Act 2020. Parliament did not need to approve them first.’

Transparency Project, 3rd May 2020

Source: www.transparencyproject.org.uk

High Court judge sends copy of ruling to ministers to express concern over “nationwide problem” of lack of capacity for secure care – Local Government Lawyer

Posted May 4th, 2020 in care orders, children, families, family courts, government departments, judges, local government, news by sally

‘A High Court judge has sent ministers a copy of a ruling in which he expressed concern at a “nationwide problem” of the very limited capacity in the children’s social care system for young people with complex needs who need secure care.’

Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

Judge orders fresh hearing of appeal over school places decision after successful challenge by renting residents – Local Government Lawyer

Posted May 1st, 2020 in appeals, children, education, housing, jurisdiction, local government, news, school admissions, school children by sally

‘A panel that hears appeals against decisions on school places in Richmond-upon-Thames must reconsider a decision in relation to a family resident in rented property, the High Court has ruled.’

Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

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