What a difference a PSED makes… – Nearly Legal

‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’

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Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

What’s in an appeal? – Nearly Legal

Posted April 8th, 2020 in appeals, homelessness, housing, jurisdiction, local government, news by sally

‘What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way.’

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Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

Institute of Licensing issues protocol for licence applications and hearings under Licensing Act 2003 during COVID-19 pandemic – Local Government Lawyer

Posted April 7th, 2020 in coronavirus, licensed premises, licensing, local government, news by sally

‘The Institute of Licensing has published a Protocol designed to assist licensing authorities in complying with their obligations and duties under the Licensing Act 2003 during this emergency period.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Council launches judicial review over government decision not to renew city-wide landlord licensing scheme – Local Government

‘Liverpool City Council has launched a judicial review challenge of the government’s decision not to renew its landlord licensing scheme.’

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Local Government Lawyer, 6th April 2020

Source: www.localgovernmentlawyer.co.uk

Couple who opposed council vaccinating their child lose appeal – The Guardian

‘A couple who tried to prevent the local authority from vaccinating their child, who is in care, have failed to overturn the decision by requiring courts to become routinely involved in such disputes.’

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The Guardian, 2nd April 2020

Source: www.theguardian.com

High Court judge quashes refusal by council of disabled facilities grant – Local Government Lawyer

‘Councils cannot treat disabled facilities grant (DFG) applications from council tenants differently to those from others, the High Court has ruled.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Council wins appeal over tribunal ruling requiring it to issue caravan site licence- Local Government Lawyer

Posted April 3rd, 2020 in appeals, interpretation, local government, news, planning, tribunals by sally

‘The First-tier Tribunal (FTT) acted irrationally and put a council in an impossible position when it ordered it to issue a caravan site licence, the Upper Tribunal (Lands Chamber) has decided.’

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Local Government Lawyer, 2nd April 2020

Source: www.localgovernmentlawyer.co.uk

NICE amends Covid-19 critical care guideline after judicial review threat – Local Government Lawyer

‘The National Institute for Health and Care Excellence (‘NICE’) has changed the COVID-19 guideline for clinical care after being threatened with a judicial review challenge.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Government issues guidance on how local authorities can use Care Act ‘easements’ – Local Government Lawyer

‘The Department of Health & Social Care has published guidance setting out local authorities can use the new ‘easements’ under the Coronavirus Act 2020 that mean they no longer need to meet certain duties under the Care Act.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Directors disqualified after abandoning care homes, diverting council funds – Local Government Lawyer

‘The directors of two care homes in the Midlands have been disqualified after they diverted council funds before abandoning elderly residents and staff, the Insolvency Services has revealed.’

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Local Government Lawyer, 31st March 2020

Source: www.localgovernmentlawyer.co.uk

Council to appeal High Court ruling that stroke unit reconfiguration was lawful – Law Society Gazette

Posted April 1st, 2020 in appeals, equality, health, hospitals, local government, news by sally

‘Medway Council has lodged an appeal against a High Court decision which found that a joint committee of clinical commissioning groups had acted lawfully when dealing with health inequalities when they decided the locations of three hyper acute stroke units (HASUs) in Kent.’

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Local Government Lawyer, 31st March 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus Act Amendments to the Care Act Now in Force and Guidance on Adult Social Care Duties Published – Coronavirus: Guidance for Business and Lawyers

Posted April 1st, 2020 in chambers articles, coronavirus, local government, news, social services by sally

‘Arianna Kelly looks at the newly-published guidance on social care during the Emergency Period.’

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Coronavirus: Guidance for Business and Lawyers, 31st March 2020

Source: lawinthetimeofcorona.wordpress.com

Secretary of State defeats challenge to refusal of permission for building described by inspector as “quite brilliant” – Local Government Lawyer

Posted March 31st, 2020 in appeals, government departments, local government, news, planning by sally

‘The High Court has rejected an appeal by a developer over a building described by a planning inspector as “a brilliant response to its context”.’

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Local Government Lawyer, 27th March 2020

Source: www.localgovernmentlawyer.co.uk

Head of legal nets fresh employment hearing after tribunal member found to be asleep – Local Government Lawyer

‘A council head of legal secured a fresh Employment Tribunal hearing because a member of the original tribunal was asleep for part of the proceedings, it has emerged.’

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Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules for council in case on eviction for rent arrears against backdrop of domestic violence – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Company wins High Court battle over business rates and subletting – Local Government Lawyer

Posted March 30th, 2020 in appeals, local government, news, rates by sally

‘A company was not liable for business rates on a building it does not wholly occupy, the High Court has found.’

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Local Government Lawyer, 27th March 2020

Source: www.localgovernmentlawyer.co.uk

Ombudsman suspends complaints enquiries of councils and care providers – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has suspended all casework activity that demands information from, or action by, local authorities and care providers, in light of the current coronavirus outbreak.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal cuts £572k civil penalties in housing case by 70% – Local Government Lawyer

Posted March 27th, 2020 in appeals, housing, local government, news, notification, penalties, tribunals by sally

‘The Upper Tribunal has allowed in part an appeal over civil penalties of £236,000 imposed on each of two defendants for housing offences, reducing the total amount to be paid to £174,000.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge highlights clash between diplomatic immunity and child protection – Local Government Lawyer

‘A Family Court case has highlighted a “virtually insoluble dilemma” between diplomatic immunity and child protection, leading Mr Justice Mostyn to call for an amendment to the 1961 Vienna Convention on Diplomatic Relations.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rules on burden of proof when statutory defence to HMO offence is pleaded – Local Government Lawyer

‘The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk