Judge allows inter-country adoption to proceed despite failure to comply with pre-adoption requirements – Local Government Lawyer

Posted November 15th, 2019 in adoption, children, delay, families, immigration, jurisdiction, local government, news, visas by sally

‘An application for an inter-country adoption should not fail because of inconsequential errors made by the intending adopter, a High Court Family Division judge has ruled.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal orders “unprecedented” second retrial in care proceedings following death of 10-year-old girl – Local Government Lawyer

‘The Court of Appeal has ordered a second retrial in care proceedings relating to five siblings following the death of a ten-year-old girl in 2016, describing the judgment from the first retrial as“wrong and procedurally unjust”.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Council failed to consider impact of proposed retail development on local post office, High Court finds – Local Government Lawyer

Posted November 14th, 2019 in judicial review, local government, news, planning, postal service by sally

‘Dacorum Borough Council should have considered the impact of a small retail development on the viability of a local Post Office when it granted planning permission, the High Court has ruled.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

Council vows to defend legal challenge over grant of permission for mixed-use scheme including football stadium – Local Government Lawyer

Posted November 13th, 2019 in local government, news, planning, sport by sally

‘Luton Borough Council has said it will “vigorously defend” a legal challenge brought by a property investment company over the local authority’s decision to grant planning permission for a mixed-use gateway scheme that would help delivery of a new 23,000-seater stadium for Luton Town Football Club.’

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Local Government Lawyer, 12th November 2019

Source: www.localgovernmentlawyer.co.uk

Homelessness: High Court Challenge Against ‘Begging Fines’ Granted – Rights Info

‘Human rights campaigners have launched a landmark legal bid to determine whether homeless people are being “criminalised” by fines against begging and leaving bedding in doorways.’

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Rights Info, 8th November 2019

Source: rightsinfo.org

Supreme Court to hear dispute over Local Government Pension Scheme and ethical disinvestment – Local Government Lawyer

Posted November 11th, 2019 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘The Supreme Court will next week consider whether parts of the Communities Secretary’s guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorised purpose.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Assorted – Licensing and prior offences, RROs and Section 8 Notices – Nearly Legal

‘This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act 1974 in deciding whether an applicant for a Housing Act 2004 licence was a ‘fit and proper person’.’

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Nearly Legal, 10th November 2019

Source: nearlylegal.co.uk

Trustees of Sikh Temple charity fail in High Court challenge to traffic management order – Local Government Lawyer

Posted November 11th, 2019 in charities, consultations, equality, local government, news, road traffic, Sikhism by sally

‘A High Court judge has rejected a legal challenge brought over the Royal Borough of Kensington & Chelsea’s decision to make a traffic management order imposing additional parking restrictions in an area with a Sikh Temple.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Behind the curtain – Local Government Lawyer

Posted November 8th, 2019 in consultations, elections, government departments, local government, news by sally

‘As the general election kicks off, James Goudie QC highlights a 2017 High Court ruling on the status of “purdah” and the business that can and cannot be conducted while it applies.’

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Local Government Lawyer, 8th November 2019

Source: www.localgovernmentlawyer.co.uk

Discrimination in ‘one succession’ for secure tenancies – Nearly Legal

‘Simawi v London Borough of Haringey (2019) EWCA Civ 1770. We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a sole tenant on the death of a former tenant as opposed to a person who became a sole tenant upon judicial assignment of the tenancy in a divorce (pre Localism Act amendments). In short, survivorship on a joint tenancy, or succession of spouse/partner on death of sole tenant counts as a succession, while an assignment of tenancy by court order under section 24 of the Matrimonial Causes Act 1973 on divorce does not. Mr S was the child of a spouse who succeeded by survivorship.’

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Nearly Legal, 3rd November 2019

Source: nearlylegal.co.uk

Greater Manchester woman given suspended jail sentence over attempted £37k Right to Buy fraud – Local Government Lawyer

Posted November 6th, 2019 in fraud, housing, local government, news, right to buy, sentencing, suspended sentences by sally

‘A woman from Greater Manchester who made a fraudulent Right to Buy application has been given a suspended jail sentence.’

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Local Government Lawyer, 5th November 2019

Source: www.localgovernmentlawyer.co.uk

Couple fined £20,000 for planning offences over work on outbuildings and fish pond – Local Government Lawyer

Posted November 5th, 2019 in enforcement, fines, local government, news, planning by sally

‘A couple have been handed a £20,000 fine after being found guilty of offences under the Town and Country Planning Act relating to outbuildings and a fish pond.’

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Local Government Lawyer, 4th November 2019

Source: www.localgovernmentlawyer.co.uk

London borough defeats Court of Appeal challenge over succession rules – Local Government Lawyer

Posted November 4th, 2019 in housing, landlord & tenant, local government, news, succession by sally

‘The London Borough of Haringey has successfully defended a Court of Appeal challenge over the rules relating to the succession to secure council tenancies.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

Councils unable to enforce against unlicensed taxi/PHV drivers because of outdated laws, LGA warns – Local Government Lawyer

Posted November 4th, 2019 in licensing, local government, news, taxis by sally

‘Outdated legislation and new technology have meant that councils are unable to take enforcement action against the rising number of unlicensed drivers operating in their area, the Local Government Association has warned.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

High court to hear crowdfunded challenge to ‘begging fines’ – The Guardian

‘A landmark high court case will determine whether fines for begging, loitering and leaving bedding in doorways unfairly targets homeless people, after a fundraising campaign for legal costs reached its target.’

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The Guardian, 4th November 2019

Source: www.theguardian.com

Social care support and persons subject to immigration control – Local Government Lawyer

‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

Family Division judge hands down ruling in care proceedings involving 49 parties – Local Government Lawyer

‘A Family Division judge has handed down his judgment in what is said to have been one of the largest public law children’s cases ever litigated.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Ombudsman raps council for taking 21 months to reassess care needs of vulnerable woman – Local Government Lawyer

Posted November 1st, 2019 in carers, delay, disabled persons, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman (LGO) has criticised a council for taking 21 months to carry out a reassessment of a vulnerable woman’s care needs.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Judge criticises council for breaching duty of disclosure when making streamlined application for authorisation of deprivation of liberty – Local Government Lawyer

‘A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty.’

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Local Government Lawyer, 30th October 2019

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal orders fresh hearing in dispute over refusal by council to disclose advice of independent person – Local Government Lawyer

Posted October 31st, 2019 in complaints, disclosure, freedom of information, local government, news, planning by sally

‘A local resident who complained about the conduct of a councillor at Stratford-on-Avon District Council over a planning matter has secured a fresh hearing over the council’s refusal to disclose advice given by an independent person.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk