local government – Page 91 – Current Awareness

The role of CAFCASS in relation to non-subject children: A Case Study of A County Council v Children and Family Court Advisory and Support Service (Cafcass) [2019] EWHC 2369 (Fam) – Parklane Plowden

Posted January 16th, 2020 in child abuse, children, family courts, guardianship, local government, news, statutory interpretation by sally

‘In a recent decision of the High Court, Mr Justice Keehan considered the extent to which, if at all, the Court has the power to appoint CAFCASS to undertake work with and advise non-subject, non-party children.’

Parklane Plowden, 13th January 2020

Source: www.parklaneplowden.co.uk

Council rapped over treatment of pregnant woman who was made homeless – Local Government Lawyer

Posted January 8th, 2020 in duty of care, homelessness, housing, local government, news, ombudsmen, pregnancy by sally

‘The London Borough of Tower Hamlets has agreed to consider service resources and “the changes it needs to make to work in line with the law” after a Local Government and Social Ombudsman investigation into how a pregnant woman, who approached the council for help when she was made homeless, was left in an unfurnished flat, miles from her support network.’

Local Government Lawyer, January 2020

Source: www.localgovernmentlawyer.co.uk

Tougher sentences needed to deter fly-tipping, says Local Government Association – Local Government Lawyer

Posted January 7th, 2020 in local government, news, sentencing, waste by sally

‘Councils have called for the introduction of tougher sentences for fly-tipping, after the latest figures showed it costs them £58m a year to clear up.’

Local Government Lawyer, 6th January 2019

Source: www.localgovernmentlawyer.co.uk

London borough fails in Planning Court challenge to ministerial approval for works on HS2 ecological mitigation site – Local Government Lawyer

Posted January 6th, 2020 in appeals, environmental protection, judicial review, local government, news, planning, railways, transport by sally

‘The London Borough of Hillingdon has lost a judicial review challenge over a decision by government ministers to allow High Speed Two’s appeal over the council’s refusal to grant approval for proposed works for the creation of an ecological mitigation area.’

Local Government Lawyer, 3rd January 2020

Source: www.localgovernmentlawyer.co.uk

Council refused permission to challenge Ombudsman findings on payment of special guardians – Local Government Lawyer

Posted December 19th, 2019 in budgets, children, families, fostering, guardianship, local government, news, ombudsmen by sally

‘A High Court judge has refused to grant Rochdale Council permission to challenge the findings of a Local Government and Social Care Ombudsman on the way it pays special guardians.’

Local Government Lawyer, 19th December 2019

Source: www.localgovernmentlawyer.co.uk

High Court quashes decision by council to refuse to accept second homelessness application over failure to consider new medical evidence – Local Government Lawyer

Posted December 17th, 2019 in evidence, expert witnesses, homelessness, housing, judicial review, local government, mental health, news by sally

‘A Deputy High Court judge has quashed a decision by a borough council to refuse a claimant’s second homelessness application, after it failed to take into account new medical evidence.’

Local Government Lawyer, 16th December 2019

Source: www.localgovernmentlawyer.co.uk

Council acted unlawfully when assessing whether applicant was ‘former relevant child’ – Local Government Lawyer

Posted December 16th, 2019 in benefits, children, local government, news, statutory interpretation by sally

‘The High Court has ruled that the London Borough of Ealing acted unlawfully in its assessment of whether applicant AB was a “former relevant child” within the meaning of section 23C of the Children Act 1989.’

Local Government Lawyer, 13th December 2019

Source: www.localgovernmentlawyer.co.uk

Relief for councils as NHS trusts lose High Court bid to claim £1.5bn charities reduction on business rates – Local Govenment Lawyer

Posted December 16th, 2019 in charities, hospitals, local government, news, rates by sally

‘A group of 17 NHS foundation trusts have failed to persuade a High Court judge that they are charities and so eligible for substantial reductions on the non-domestic rates payable on the properties they occupy.’

Local Govenment Lawyer, 12th December 2019

Source: www.localgovernmentlawyer.co.uk

‘ “Village green” ’ land at risk after ruling by supreme court – The Guardian

Posted December 16th, 2019 in appeals, commons, local government, news, planning, Supreme Court by sally

‘Decision on Moorside Fields in Lancaster makes it harder to stop public space being developed.’

The Guardian, 14th December 2019

Source: www.theguardian.com

Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration – Local Government Lawyer

Posted December 12th, 2019 in commons, education, health, land registration, local government, news, Supreme Court by sally

‘The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.’

Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

Guidelines for judges to divert newborns from care proceedings – Law Society’s Gazette

Posted December 12th, 2019 in birth, care orders, judiciary, local government, news, pregnancy, reports by sally

‘Newborns could be diverted from care proceedings if more time is given to pre-birth assessments where there are safeguarding concerns, according to a review published today.’

Law Society's Gazette, 11th December 2019

Source: www.lawgazette.co.uk

Court of Appeal dismisses appeal by council over bid to include cost of supervising driver conduct in fees for taxi and PHV vehicle licences – Local Government Lawyer

Posted December 11th, 2019 in appeals, fees, judicial review, licensing, local government, news, professional conduct, taxis by sally

‘The Court of Appeal has dismissed a council’s appeal over whether it acted unlawfully when it resolved to fix the fees for vehicle licences for taxis and private hire vehicles at an amount which included recovery of all or part of the cost of supervising the conduct of drivers licensed to drive such vehicles.’

Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

Council fined £500k after first prosecution by CQC over failure to provide safe care – Local Government Lawyer

Posted December 11th, 2019 in care homes, causing death of children or vulnerable adults, fines, health & safety, local government, news, ombudsmen, quality assurance, standards by sally

‘Derbyshire County Council has been fined £500,000 following the first prosecution that the Care Quality Commission has brought against a local authority since the watchdog was given powers to prosecute health and social care providers for failing to provide safe care and treatment in 2015.’

Local Government Lawyer, 10th December 2019

Source: www.localgovernmentlawyer.co.uk

Couple ‘told they couldn’t adopt a white child because of their Indian heritage’ win £120,000 in landmark discrimination case – Daily Telegraph

Posted December 9th, 2019 in adoption, children, damages, equality, families, local government, news, race discrimination by sally

‘A British couple have won nearly £120,000 in damages following a landmark discrimination case after they were told they could not adopt a “white child” because of their Indian heritage.’

Daily Telegraph, 6th December 2019

Source: www.telegraph.co.uk

Dispute over empty properties and £10m+ in business rates to go to Supreme Court – Local Government Lawyer

Posted December 9th, 2019 in appeals, interpretation, leases, local government, news, rates, Supreme Court by sally

‘The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.’

Local Government Lawyer, 6th December 2019

Source: www.localgovernmentlawyer.co.uk

Council fined £1.4m after child suffers life-changing head injury in “easily preventable” incident – Local Government Lawyer

Posted December 6th, 2019 in fines, health & safety, local government, news, personal injuries, roads by sally

‘Hampshire County Council has been fined £1.4m after a six-year-old girl playing on an unsecured street bollard suffered a life-changing head injury.’

Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

Trafficked woman loses judicial review challenge amid age assessment confusion – Local Government Lawyer

Posted December 6th, 2019 in judicial review, local government, news, trafficking in human beings by sally

‘A trafficked Vietnamese woman has lost a judicial review against two councils over her age assessment, though the judge involved criticised both authorities for failing to resolve the matter earlier.’

Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules as academic proceedings on discretionary housing payments and contributions – Local Government Lawyer

Posted December 5th, 2019 in appeals, benefits, housing, judicial review, local government, news by sally

‘The Court of Appeal had dismissed as academic a case brought against the London Borough of Islington over its discretionary housing payments (DHP) policy and a requirement for a claimant to make a contribution to a shortfall in rent.’

Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Councils Appeal High Court Ruling On Traveller Ban – Rights Info

Posted December 5th, 2019 in appeals, equality, human rights, injunctions, local government, news, race discrimination, travellers by sally

‘The Court of Appeal has heard a landmark case which could have wide-ranging implications on whether local authorities can use injunctions to place a blanket ban on Travellers camping on public land.’

Rights Info, 4th December 2019

Source: rightsinfo.org

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