Category: local government

Judge orders fresh hearing in dispute over disclosure of advice to council on tactics in negotiations with supermarket giant – Local Government Lawyer

Posted April 21st, 2020 in appeals, disclosure, freedom of information, local government, news, planning, tribunals by sally

‘An Upper Tribunal judge has set aside a decision by a First-tier Tribunal (FTT) that upheld – after a freedom of information request – the withholding of an agent’s advice to a local authority on the tactics it should apply in negotiations with Tesco over a proposed development.’

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Local Government Lawyer, 20th April 2020

Source: www.localgovernmentlawyer.co.uk

Planning obligations and the Community Infrastructure Levy – covenants, contributions and levies in a time of lockdown – Radcliffe Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, housing, local government, news, planning by sally

‘This article focuses on two of the many important issues – one under section 106 of the Town and Country Planning Act 1990 and the other under the Community Infrastructure Levy (“CIL”) regime – which are likely to arise in the residential development sector during the current lockdown and economic downturn. The first issue is early stage viability review mechanisms, which are designed to capture a share of any increased profitability, to be used for additional on-site affordable housing provision where implementation is delayed. The second issue is CIL liability notices under The Community Infrastructure Levy Regulations 2010, SI 2010/948.’

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Radcliffe Chambers, 8th Aprill 2020

Source: radcliffechambers.com

Vulnerability and the PSED: No arid debates. No straitjackets. No disciplinary stick – Local Government Lawyer

Posted April 20th, 2020 in appeals, disabled persons, equality, homelessness, housing, local government, news by sally

‘The Court of Appeal has upheld the decisions of two councils where reviewing officers had considered the Public Sector Equality Duty without making clear findings as to whether the applicant in each case was disabled, and concluded that those applicants were not vulnerable. Michael Paget, Zoë Whittington, Catherine Rowlands and Rowan Clapp report.’

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Local Government Lawyer, 17th April 2020

Source: www.localgovernmentlawyer.co.uk

The Coronavirus Act 2020 and Adult Social Care – 4-5 Gray’s Inn Square

Posted April 17th, 2020 in chambers articles, coronavirus, duty of care, easements, local government, news, social services, statutory interpretation by sally

‘This note is intended to assist local authorities when considering their Care Act 2014 duties following the Coronavirus Act 2020 (“The Act”) coming into force on 3 March 2020[1]. The Secretary of state issued Guidance on 01 April 2020. The Act contains provision for “easements” of Care Act 2014 duties during the emergency.’

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4-5 Gray's Inn Square, 7th April 2020

Source: www.4-5.co.uk

Court of Appeal’s judgment in the case of James v Hertsmere Borough Council: What does it mean for jurisdiction of County Court? – Garden Court Chambers

Posted April 17th, 2020 in appeals, chambers articles, contracting out, county courts, homelessness, housing, local government, news by sally

‘Today [2 April] the Court of Appeal handed down judgment in James v Hertsmere Borough Council [2020] EWCA Civ 489. The judgment answered a question that has been troubling homelessness lawyers for several years now: does the County Court have jurisdiction, when hearing homelessness appeals, to consider challenges to councils’ ‘contracting-out’ processes?’

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Garden Court Chambers, 2nd April 2020

Source: www.gardencourtchambers.co.uk

Coronavirus Restrictions: local authority enforcement powers – narrower than you might think – Francis Taylor Building

Posted April 17th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, local government, news, police, statutory interpretation by sally

‘Those venturing to their local park over the weekend probably witnessed an increased presence of police constables, out to enforce the new restrictions on movement and public gatherings. Those restrictions, as well as rules forcing the closure of certain businesses and premises, were introduced on 26 March 2020 by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’

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Francis Taylor Building, 9th April 2020

Source: www.ftbchambers.co.uk

Local authorities and health bodies handed new permitted development right to deal with COVID-19 emergency – Local Government Lawyer

Posted April 17th, 2020 in coronavirus, emergency powers, enforcement, health, local government, news by sally

‘The Secretary of State for Housing, Communities and Local Government has introduced a new permitted development right for local authorities and certain health service bodies in England to carry out development with a view to tackling the coronavirus emergency.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Covid-19: contact with children in care – 5SAH

Posted April 17th, 2020 in care homes, care orders, chambers articles, coronavirus, families, family courts, local government, news, parental rights by sally

‘We are plotting a course through unchartered waters. Never before has the family justice system had to deal with such a wide-reaching challenge as the COVID-19 epidemic. The issue of contact with children in care presents one of the most turbulent seas to cross. This article explores the legal principles that will give family practitioners their bearings and guide the court’s approach through the coming weeks and months.’

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5SAH, 6th April 2020

Source: www.5sah.co.uk

Council wins appeal in case where relevant policies of development plan pointed “in different directions” – Local Government Lawyer

Posted April 16th, 2020 in appeals, interpretation, local government, news, planning by sally

‘Cornwall Council has won an appeal over whether its grant of planning permission for new holiday lodges was lawful in a case where relevant policies of the development plan pointed “in different directions”.’

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Local Government Lawyer, 15th April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus (COVID-19)—Changes to the Care Act 2014 – 39 Essex Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, local government, mental health, news by sally

‘Siân Davies, barrister at 39 Essex Chambers, discusses the Care Act easements, provided for under the Coronavirus Act 2020. She examines the guidance for local authorities on when it is appropriate to use the Care Act easements, emphasises the information that should be given to those being assessed and debates what changes to safeguarding policies may occur during the relaxation period. She also analyses the relationship between the Care Act easements guidance and the Hospital Discharge Service Requirements.’

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39 Essex Chambers, 7th April 2020

Source: www.39essex.com

Interim Separation During Proceedings – Becket Chambers

Posted April 15th, 2020 in appeals, care orders, chambers articles, children, deceit, domestic violence, families, local government, news by sally

‘We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for a variety of different reasons.’

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Becket Chambers, 9th April 2020

Source: becket-chambers.co.uk

Councils face legal action over access to education during lockdown – Local Government Lawyer

Posted April 15th, 2020 in children, computer programs, education, equality, local government, news, school children by sally

‘The Good Law Project is to take legal action against councils over access to education by children from low income families during the lockdown.’

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Local Government Lawyer, 9th April 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners win judicial review challenge over major scheme but judge declines to grant relief – Local Government Lawyer

Posted April 14th, 2020 in judicial review, local government, news, planning by sally

‘A campaign group opposed to a large development in Dorset has partially won its case at judicial review but been granted no relief.’

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Local Government Lawyer, 9th April 2020

Source: www.localgovernmentlawyer.co.uk

Not a disciplinary stick – PSED and homeless reviews – Nearly Legal

Posted April 14th, 2020 in appeals, disabled persons, equality, homelessness, housing, local government, news by sally

‘We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community Housing v Durdana. Now, in these joined appeals, the Court of Appeal turns its attention to PSED in homeless decisions and reviews.’

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Nearly Legal, 12th April 2020

Source: nearlylegal.co.uk

Articles 3 and 8 in the Time of Coronavirus: A New Case With Implications for Local Authorities Using the Care Act ‘Easements’ – Coronavirus: Guidance for Lawyers and Businesses

Posted April 14th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, human rights, local government, mental health, news by sally

‘The Care Act ‘easements’ were brought into force on 31 March 2020. Per the statutory guidance, local authorities may take a decision to apply the new and much higher threshold for receiving care. That threshold states that a person is not entitled to receive care and support from a local authority as a matter of right unless it is necessary to prevent a breach of the person’s human rights – most likely to be Articles 2, 3 or 8 of the European Convention. Arianne Kelly looks at the first case on the subject.’

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Coronavirus: Guidance for Lawyers and Businesses, 14th April 2020

Source: lawinthetimeofcorona.wordpress.com

Coronacontact- what about the children in care? – Transparency Project

Posted April 14th, 2020 in care orders, children, coronavirus, families, health, local government, news, statutory duty by sally

‘Family life is significantly disrupted as a result of the ‘lockdown’, and many children in care will not have seen their parents for a number of weeks. This short article considers the legal position with regard to the duties of local authorities in England to looked-after children and contact, and the interaction between this and the Coronavirus Act 2020 and regulations.’

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Transparency Project, 11th April 2020

Source: www.transparencyproject.org.uk

Disabled man stuck in bedroom on eighth-floor flat for 20 months loses judicial review challenge – Local Government Lawyer

Posted April 9th, 2020 in compensation, disability discrimination, disabled persons, housing, human rights, judicial review, landlord & tenant, local government, news by sally

‘A man in his early sixties with a complex medical history and disabilities who spent almost 20 months without being able to leave his bedroom in an eighth-floor council flat has failed in a judicial review claim against a council for compensation and declaratory relief.’

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Local Government Lawyer, 8th April 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds ruling on vaccination of children in care of local authorities – Local Government Lawyer

Posted April 9th, 2020 in appeals, children, health, local government, medical treatment, news, parental rights, vaccination by sally

‘The Court of Appeal has refused an appeal by parents over whether a local authority can make arrangements for the vaccination of children in its care, in the face of parental opposition, under its statutory powers or whether it is required to seek declaratory relief from the High Court to authorise their actions.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects appeal over changes made by county council to SEN transport policy affecting 16-18 year olds – Local Government Lawyer

Posted April 8th, 2020 in age discrimination, appeals, education, equality, learning difficulties, local government, news, school children, transport by sally

‘The Court of Appeal has dismissed an appeal over a council’s decision to amend its Special Educational Needs Home to School/College Transport Policy for the 2019/20 academic year.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Divisional Court rejects Tesco judicial review challenge over criminal offences and food offered for sale after ‘use by’ date – Local Government Lawyer

Posted April 8th, 2020 in food, food hygiene, health & safety, judicial review, labelling, local government, news, sale of goods by sally

‘Supermarket giant Tesco has lost a judicial review challenge over whether it was a criminal offence for a shop to offer food for sale, or otherwise place it on the market, after its labelled “use by” date.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk