Category: local government

The Coronavirus Act and the Care Act: The Key Points – Coronavirus: Guidance for Lawyers and Businesses

Posted March 26th, 2020 in bills, coronavirus, duty of care, local government, mental health, news, social services by sally

‘The former Coronavirus Bill is now the Coronavirus Act 2020. The bill was not significantly amended in relation to the proposed changes to the Care Act – however, per s.87(2) of the Coronavirus Act, the changes relating to the Care Act will not come into force until further regulations are made to that effect. Arianna Kelly outlines the key points.’

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Coronavirus: Guidance for Lawyers and Businesses, 26th March 2020

Source: lawinthetimeofcorona.wordpress.com

Judge gives guidance on application to Court of Appeal for interim relief – Local Government Lawyer

Posted March 26th, 2020 in appeals, civil procedure rules, homelessness, housing, local government, news by sally

‘Lord Justice Hickinbottom has given guidance on making applications to the Court of Appeal for interim relief, in a housing case he declined to conclude because it had become academic.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

What The Coronavirus Bill Could Mean For Mental Health – Each Other

Posted March 26th, 2020 in bills, coronavirus, duty of care, emergency powers, human rights, local government, mental health, news, social services by sally

‘The UK government’s Emergency Coronavirus Bill paves the way for widespread changes to legislation that could potentially have an alarming impact on our human rights, especially in the area of mental health.’

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Each Other, 24th March 2020

Source: eachother.org.uk

Landowner loses Upper Tribunal appeal over certificate of appropriate alternative development for site acquired for link road – Local Government Lawyer

Posted March 25th, 2020 in appeals, local government, news, planning, roads, tribunals by sally

‘The owner of a field that was compulsorily acquired to provide land for the construction of a link road has lost his appeal over the certificate of appropriate alternative development he was given.’

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Local Government Lawyer, 23rd March 2020

Source: www.localgovernmentlawyer.co.uk

Defendant jailed for five years after defrauding council of nearly £32k through Grenfell subletting claim – Local Government Lawyer

Posted March 25th, 2020 in accidents, fire, fraud, housing, imprisonment, local government, news, prisons, sentencing by sally

‘A man who claimed to be a Grenfell Tower resident who was in hospital recovering from surgery when he was actually in prison at the time, has been convicted of fraud and jailed.’

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Local Government Lawyer, 23rd March 2020

Source: www.localgovernmentlawyer.co.uk

London borough launches challenge to grant of planning permission by Secretary of State for 1,500-home scheme – Local Government Lawyer

Posted March 25th, 2020 in appeals, government departments, housing, local government, London, news, planning by sally

‘The London Borough of Tower Hamlets last week launched a legal challenge to the Secretary of State for Housing, Communities and Local Government’s decision to grant planning permission for the Westferry Printworks site.’

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Local Government Lawyer, 23rd March 2020

Source: www.localgovernmentlawyer.co.uk

Emergency coronavirus legislation passed by MPs without opposition – The Guardian

Posted March 25th, 2020 in bills, coronavirus, emergency powers, government departments, health, local government, mental health, news, parliament, social services by sally

‘Emergency legislation giving sweeping powers to ban gatherings and forcibly quarantine suspected coronavirus patients was passed by MPs on Monday night, despite continued worries about civil liberties and the potential effect on vulnerable people.’

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The Guardian, 23rd March 2020

Source: www.theguardian.com

Kensington Forum Judicial Review Succeeds: High Court Quashes Permission for Tallest Building in Kensington after Mayor Forced to Admit the Decision was Taken for an Improper Purpose – Francis Taylor Building

Posted March 24th, 2020 in appeals, judicial review, local government, London, news, planning by sally

‘On 21 June 2019, the Mayor of London granted planning permission for a significant and controversial development, on land at the Kensington Forum Hotel, 97-109 Cromwell Road, London, SW7 4DN. The scheme, designed by Simpson Haugh, included a 30 storey tower, which would have been the tallest in Kensington, and provided a 749 bed hotel and 402 residential units in South Kensington. However, following a judicial review brought by the Royal Borough of Kensington and Chelsea, the High Court has quashed the planning permission, after the Mayor of London conceded that the decision to grant the permission was motivated by an improper purpose; namely frustrating the Secretary of State for Housing Communities and Local Government.’

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Francis Taylor Building, 16th March 2020

Source: www.ftbchambers.co.uk

A new code of audit practice – Law Society’s Gazette

Posted March 24th, 2020 in auditors, codes of practice, local government, news by sally

‘‘Whan that Aprill, with his shoures soote/ The droghte of March hath perced to the roote’. So, in 1387, opened the prologue to Canterbury Tales. But if April inspired Chaucer’s characters to begin their famous pilgrimage, local authority lawyers and auditors will soon also find a new spring in their steps. For on 1 April 2020 there will be a new Code of Audit Practice.’

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Law Society's Gazette, 23rd March 2020

Source: www.lawgazette.co.uk

Issuing an EHC Plan—the meaning of ‘necessary’ (Nottinghamshire County Council v SF and another) – 3PB

Posted March 23rd, 2020 in appeals, chambers articles, disabled persons, education, interpretation, learning difficulties, local government, news, school children by sally

‘The Court of Appeal held that the First-Tier Tribunal (FTT) had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for HD in accordance with an EHC Plan. This was despite his school having identified his needs, made provision to meet those needs and HD making progress at school. The court considered and affirmed the approach to making a determination under CFA 2014, s 37, determining what is ‘necessary’ requires an evaluative judgment based on the facts of each case.’

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3PB, 9th March 2020

Source: www.3pb.co.uk

Court of Appeal finds for council in dispute over false statement and social housing – Local Government Lawyer

Posted March 20th, 2020 in appeals, deceit, housing, landlord & tenant, local government, news by sally

‘A false statement given in support of an application for social housing can invalidate a tenancy even if it was not directly determinative of the decision to grant it, the Court of Appeal has ruled.’

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Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

Council defends challenge over provision of secure accommodation for children at risk of being detained by police – Local Government Lawyer

Posted March 19th, 2020 in children, detention, local government, news by sally

‘Judges have dismissed a legal challenge over an alleged systemic failure by a London council to provide adequate secure accommodation for children at risk of being detained in police cells in circumstances where normal local authority accommodation would be unsuitable to meet the risks they pose to the general public.’

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Local Government Lawyer, 17th March 2020

Source: www.localgovernmentlawyer.co.uk

Martha Timbo v The Mayor and Burgess of the London Borough of Lambeth [2019] EWHC 1396 (Ch) – Tanfield Chambers

Posted March 18th, 2020 in chambers articles, delay, forfeiture, landlord & tenant, leases, local government, news, repossession, service charges, time limits by sally

‘In a claim for relief from forfeiture the High Court refused to order relief where there was no good reason for delay beyond 6 months from re-entry, whether this resulted in a windfall for the landlord was irrelevant to the question of promptness.’

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Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

Councils and Electoral Commission welcome government decision to put May 2020 elections back by one year – Local Government Lawyer

Posted March 16th, 2020 in delay, elections, health & safety, local government, news, ombudsmen by sally

‘The government has decided to postpone the 7 May 2020 local and mayoral elections in England for one year.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Amendment of LA Plan, post final orders – what can parents do? – Local Government Lawyer

Posted March 13th, 2020 in appeals, care orders, children, families, fostering, human rights, local government, news by sally

‘Natalie Cross looks at what needs to happen where parents seek to challenge a change to a care plan where the earlier plan (i.e. remaining at home) has already been approved by the court when the final order was made.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Valid or not valid? – Local Government Lawyer

Posted March 13th, 2020 in appeals, housing, landlord & tenant, local government, news, notification, repossession by sally

‘Does an obvious mistake in a Notice of Seeking Possession invalidate it…or not? Steven Eccles reports on the lessons for housing associations and local authorities from an important recent ruling.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear case over whether 18th century lead urns were ‘buildings’ for purposes of listed building consent – Local Government Lawyer

Posted March 10th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘The Supreme Court will this week hear a dispute over whether a pair of 18th century lead urns resting on limestone piers were “buildings” on an application for listed building consent.’

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Local Government Lawyer, 9th March 2020

Source: www.localgovernmentlawyer.co.uk

Welsh council wins Court of Appeal battle over scope of duty to secure improvement – Local Government Lawyer

Posted March 9th, 2020 in appeals, consultations, local government, news, Wales by sally

‘A requirement on councils to consult on service improvements is not so wide as to mean consultations must be held on every decision, the Court Of Appeal has ruled.’

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Local Government Lawyer, 5th March 2020

Source: www.localgovernmentlawyer.co.uk

High Court to rule on access to full adoption file – Law Society’s Gazette

Posted March 9th, 2020 in adoption, children, disclosure, documents, families, local government, media, news, reporting restrictions by sally

‘The High Court has been asked to make an unprecedented order to allow a journalist to see all court papers in a flawed adoption case. The application comes as the family justice system faces heightened pressure to be more transparent.’

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Law Society's Gazette, 9th March 2020

Source: www.lawgazette.co.uk

The role of judicial review applications in the CIL regime – Local Government Lawyer

Posted March 6th, 2020 in appeals, dispute resolution, judicial review, local government, news, planning by sally

‘A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant.’

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Local Government Lawyer , 6th March 2020

Source: www.localgovernmentlawyer.co.uk