‘The Department for Education has taken two key steps to relieve councils of duties related to children with special educational needs (SEN) during the Covid-19 crisis.’
Law Society's Gazette, 1st May 2020
Source: www.lawgazette.co.uk
‘The Supreme Court has overturned ministerial guidance to the Local Government Pension Scheme (LGPS) that was intended to put a stop to certain types of ethical disinvestment.’
Local Govdernment Lawyer, 29th April 2020
Source: www.localgovernmentlawyer.co.uk
‘This appeal concerns the breadth of the ethical investments that the authorities which administer the local government pension scheme are permitted to make. The appellants brought a claim for judicial review alleging that two passages in the guidance issued by the Secretary of State pursuant to the Local Government Pension Scheme (Management and Investment of Funds) Regulations in 2016 was unlawful. The first passage concerned states that “the Government has made clear that using pension policies to pursue boycotts, divestment and sanctions against foreign nations and UK defence industries are inappropriate, other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government”. The second passage states that authorities “[s]hould not pursue policies that are contrary to UK foreign policy or UK defence policy”.’
UKSC Blog, 30th April 2020
Source: ukscblog.com
‘The High Court has granted a campaign group permission for a judicial review challenge over Oxfordshire County Council’s guidance on transgender issues in schools.’
Local Government Lawyer, 29th April 2020
Source: www.localgovernmentlawyer.co.uk
‘Various statutory deadlines in four sets of regulations dealing with special educational needs and disabilities, principally those that relate to EHC [Education, Health and Care] needs assessment and plan processes, will be modified with effect from tomorrow (1 May).’
Local Government Lawyer, 30th April 2020
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has handed down rulings in the first two appeals relating to the welfare of children to have reached the court on the issue of remote hearings during the COVID-19 pandemic.’
Local Government Lawyer, 30th April 2020
Source: www.localgovernmentlawyer.co.uk
‘The High Court has thrown out a case against two councils brought by the director of a company already subject to a general civil restraint order and who made a “bizarre” suggestion to a judge.’
Local Government Lawyer, 30th April 2020
Source: www.localgovernmentlawyer.co.uk
‘This case is about Government “Guidance” aimed at local authorities, banning some of those “ethical” objections to investment policies but allowing other objections. “Guidance” in quotes because the net effect of the Act and secondary legislation was to make the Guidance mandatory: see [10] of Lord Wilson’s judgment. In particular, the policy ban was to apply to (a) boycotts to foreign nations and (b) UK defence industries. The sharp focus of the former was Israel. No surprises that the Quakers and the Campaign against the Arms Trade should appear in support of the challenge to the latter.’
UK Human Rights Blog, 29th April 2020
Source: ukhumanrightsblog.com
‘The government has amended several sets of regulations with a view to assisting the children’s social care sector during the coronavirus pandemic but the move has been strongly criticised by a children’s rights charity.’
Local Government Lawyer, 28th April 2020
Source: www.localgovernmentlawyer.co.uk
‘In the recent case of T&P Real Estate Limited v The Mayor and Burgesses of the London Borough of Sutton [2020] EWHC 879 (Ch) Deputy Master Bowles described the background to the claim, and the application before him, as “…for a non-planner, not wholly straightforward”. In fairness, even for a planner, the subject matter of the claim is not uncomplicated involving as it did consideration of the interpretation, and effect of, an Article 4 Direction made in relation to the exercise of permitted development rights.’
No. 5 Chambers, 24th April 2020
Source: www.no5.com
‘The recent judgment in R(Idolo) v London Borough of Bromley [2020] EWHC 860 (Admin) provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out statutory duties. Arianne Kelly discusses the case and its practical implications following the amendments that the Coronavirus Act made to the Care Act.’
Coronavirus: Guidance for Lawyers and Businesses, 27th April 2020
‘The Court of Appeal has reserved judgment in an appeal over a High Court ruling last year that voter ID schemes in 10 local authorities were lawful.’
Local Government Lawyer, 24th April 2020
Source: www.localgovernmentlawyer.co.uk
‘It is possible that there will be “huge spikes in demand across the children’s social care spectrum”, a backlog of new care applications and more children needing to come into care as a result of the coronavirus outbreak, the President of the Association of Directors of Children’s Services for 2020/21 has warned.’
Local Government Lawyer, 23rd April 2020
Source: www.localgovernmentlawyer.co.uk
‘Hampshire County Council has won an appeal over an inspector’s decision to deregister as common land an area where an airport is located.’
Local Government Lawyer, 23rd April 2020
Source: www.localgovernmentlawyer.co.uk
‘Justices in Staffordshire were right to conclude that on the proper construction of section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014, a council had no power to issue a Community Protection Notice (“CPN”) in the name of a mother concerning the conduct of her child, the Divisional Court has ruled.’
Local Government Lawyer, 22nd April 2020
Source: www.localgovernmentlawyer.co.uk
‘The onset of Covid-19 gave rise to a massive effort to provide health care services and accommodation for homeless persons. This includes not just those people who are rough sleeping, but also those otherwise at risk without a home, such as those living in hostels and B&B accommodation. A range of organisations have assisted in this process, from medical health professionals to local authorities, who have procured empty hotels and other spaces for homeless persons to self-isolate as well as acted on the government’s guidance to keep temporary accommodation open.’
Doughty Street Chambers, 17th April 2020
Source: insights.doughtystreet.co.uk
‘The social care provisions are at section 15 and Schedule 12 to the Coronavirus Act 2020 (“the Act”). They came into force in England on the 31March 2020 (on the 1st April, in Wales).’
Landmark Chambers, 16th April 2020
Source: www.landmarkchambers.co.uk
‘It is not appropriate for a 15-day hearing into whether a mother has harmed her seven-year-old daughter to be held remotely, the president of the Family Court has ruled.’
Legal Futures, 22nd April 2020
Source: www.legalfutures.co.uk
‘A second appeal on a homelessness review, where a finding of intentional homelessness had been upheld, raising an important point on whether events or factors post-dating the decision or action that led to eviction need to be considered on review.’
Nearly Legal, 19th April 2020
Source: nearlylegal.co.uk
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