‘The Court of Appeal handed down a very significant judgment, dismissing an appeal by Bromley Council against the High Court’s decision to refuse the Council’s application for an injunction against “persons unknown” stopping on public land in the Borough.’
Garden Court Chambers, 21st January 2020
Source: www.gardencourtchambers.co.uk
‘The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.’
Tanfield Chambers, 21st January 2020
Source: www.tanfieldchambers.co.uk
‘Parents of children sexually exploited by criminal gangs can be blamed for not preventing abuse, report finds.’
The Guardian, 29th January 2020
Source: www.theguardian.com
‘Planning analysis: In Haden v Shropshire Council, the High Court rejected a legal challenge to a local planning authority’s (LPA’s) decision to grant planning permission for development of a sand and gravel quarry in the green belt. Nina Pindham, a barrister at No5 Barristers’ Chambers and counsel for the defendant, considers the case and its implications.’
No. 5 Chambers, 23rd January 2020
Source: www.no5.com
‘Steven Woolf examines the decision in London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12.’
Hardwicke Chambers, 22nd January 2020
Source: hardwicke.co.uk
‘The Court of Appeal, in The Mayor and Burgesses of the London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12, has delivered a unanimous judgment reaffirming the rights of the Romany (“Gypsy”) and Traveller community to live in accordance with their traditional, nomadic way of life.’
UK Human Rights Blog, 27th January 2020
Source: ukhumanrightsblog.com
‘A council’s assessment of an Afghan national’s age, based on his physical appearance and demeanour, was unlawful because the abbreviated assessment undertaken failed to adequately acknowledge the potential margin for error and give him the corresponding benefit of the doubt, a High Court judge has found.’
Local Government Lawyer, 24th January 2020
Source: www.localgovernmentlawyer.co.uk
‘Over the last few years, there has been a real growth in “all borough” injunctions against anticipated trespass by gypsies and travellers. As far as the Court of Appeal could tell, there seem to be 38 presently in force. For obvious reasons, once one authority obtains such an injunction, the pressure builds on other authorities to do likewise. Moreover, because the injunctions are usually sought against “persons unknown” there are rarely, if ever, any represented defendants.’
Nearly Legal, 26th January 2020
Source: nearlylegal.co.uk
‘The second phase of the Grenfell Tower fire inquiry is to begin later, days after one of its panellists resigned.’
BBC News, 27th January 2020
Source: www.bbc.co.uk
‘Chris MacDonald, Children’s Guardian at CAFCASS, considers the issues arising when a young person is placed in semi-independent accommodation.’
Family Law Week, 24th January 2020
Source: www.familylawweek.co.uk
‘The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.’
Local Government Lawyer, 21st January 2020
Source: www.localgovernmentlawyer.co.uk
‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’
Doughty Street Chambers, 20th January 2020
Source: insights.doughtystreet.co.uk
‘Local authorities who attempt to ban Travellers and Gypsies from vast swathes of public land risk breaching their “enshrined freedom” to roam the country, a court has ruled.’
Each Other, 21st January 2020
Source: eachother.org.uk
A recent podcast on BBC sounds by ‘File on 4’ focused on separated siblings in the care system.
One of the stories is from a woman who explains that she was split from her sister and wasn’t allowed to see her despite her living just five minutes away. She recalls that between their respective foster families’ homes there was a park where she would see her younger sister playing with her foster sister. Breaking down into tears, she explains that she felt hurt, angry, annoyed, sad and “thought it was really, really cruel”.
5 SAH, 20th January 2020
Source: www.5sah.co.uk
‘The London Borough of Tower Hamlets has recovered a council home and £105,000 after a former resident was sentenced earlier this month in relation to two charges of housing fraud.’
Local Government Lawyer, 20th January 2020
Source: www.localgovernmentlawyer.co.uk
‘Councils across England are being reminded about the financial support they must provide to foster carers’ school transport expenses following an investigation by the Local Government and Social Care Ombudsman into Wolverhampton council.’
Local Government Lawyer, 17th January 2020
Source: www.localgovernmentlawyer.co.uk
‘It is still relatively uncontroversial to suggest that, as a matter of public law, public authorities must comply with legislation. But what should public authorities do where such compliance would actually result in a breach of a right under the European Convention on Human Rights? In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Supreme Court held that it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a convention right. This is necessary under the Human Rights Act 1998. Public authorities will be looking to the horizon to see what impact this decision may have more widely.’
Law Society's Gazette, January 2020
Source: www.lawgazette.co.uk
‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Mark Davies consider the Wellbeing of Future Generations Bill, the Dutch Supreme Court’s ruling in the Urgenda litigation and the role of local authorities in climate change and nuisance law.’
Six Pump Court, 15th January 2020
Source: www.6pumpcourt.co.uk
‘At least 5,000 children seeking special educational needs support (Send) are to have their cases reviewed after a London council landed a stinging rebuke from the local government ombudsman. Concerns about “systemic failures” in Richmond’s Send department prompted the watchdog to take the highly unusual step of ordering the full-scale audit.’
BBC News, 17th January 2020
Source: www.bbc.co.uk
‘Two and a half years on from fatal Kensington blaze, more than 21,000 households still living in flats wrapped in flammable cladding that allowed fire to rapidly spread’
The Independent, 16th January 2020
Source: www.independent.co.uk
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