local government – Page 94 – Current Awareness

More on “vulnerability” – Nearly Legal

Posted October 30th, 2019 in appeals, expert witnesses, homelessness, housing, interpretation, local government, mental health, news by sally

‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’

Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

MoJ data suggests 95% of SEN tribunal cases lost, withdrawn or conceded by local authorities, claims charity – Local Government Lawyer

Posted October 30th, 2019 in autism, charities, children, education, learning difficulties, local government, news, school children, statistics by sally

‘Some 95% of decisions at special educational needs tribunals in 2017/18 were either won by parents, or saw local authorities withdraw or concede, it has been claimed.’

Local Government Lawyer, 29th October 2019

Source: www.localgovernmentlawyer.co.uk

Ocean Outdoor v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 – Monckton Chambers

Posted October 30th, 2019 in appeals, contracts, damages, local government, news, public procurement, sale of land by sally

‘In a major judgment handed down by the Court of Appeal last week, Coulson LJ has given important guidance on the scope of the Concessions Contract Regulations 2016 (“the CCRs”), the extent of the land transaction exemption, and the requirements for claimants to show ‘sufficiently serious breach’ in procurement claims more generally. This was the first case to consider the CCRs in such a level of detail, and – in a ruling likely to be welcomed by public authorities – the meaning of ‘concession contract’ for the purposes of the Regulations is construed relatively narrowly, with the land transaction exemption given a conversely generous interpretation. The judge’s comments on the hurdles which a claimant must surmount to be awarded Francovich damages for breaches of procurement law also have a notably pro-defendant slant.’

Monckton Chambers, 16th October 2019

Source: www.monckton.com

Developer fails in bid to rely on planning permission granted in 1967 – Local Government Lawyer

Posted October 17th, 2019 in housing, local government, news, planning by sally

‘A developer cannot rely on a 52-year-old planning permission now physically incapable of completion, a High Court judge has ruled.’

Local Government Lawyer, 16th October 2019

Source: www.localgovernmentlawyer.co.uk

Dishonourable discharge – Nearly Legal

Posted October 15th, 2019 in asylum, homelessness, housing, immigration, judicial review, landlord & tenant, local government, news, refugees, repossession, statutory duty, trafficking in human beings by sally

‘SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin). This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained it had done so twice, and both purported discharges were challenged, by way of WF’s decision that Ms SH had made a fresh application, rather than it having a continuing duty. There is also a brief excursus into the relation of s.193 and s.189B duties.’

Nearly Legal, 13th October 2019

Source: nearlylegal.co.uk

The limits of the inherent jurisdiction (1) – Local Government Lawyer

Posted October 11th, 2019 in autism, community service, disabled persons, human rights, jurisdiction, local government, news, public order by sally

‘Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the Court of Protection team at 39 Essex Chambers examine a case concerning a young adult and the use of the inherent jurisdiction to authorise deprivations of liberty where there is no statutory framework in place.’

Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal orders council to pay cost of attendance of young woman at weekly placement – Local Government Lawyer

Posted October 11th, 2019 in appeals, budgets, disabled persons, duty of care, employment, local government, news, statutory duty by sally

‘The Court of Appeal has ruled that North East Lincolnshire Council should have paid the cost of a disabled young woman attending a weekly placement, overturning an earlier High Court decision.’

Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Cafcass backs renewed focus on pre-proceedings work in public law children cases – but rejects direct role – Local Government Lawyer

Posted October 9th, 2019 in case management, children, families, family courts, local government, news, pre-action conduct by sally

‘Cafcass has said it supports a renewed focus on pre-proceedings work and managing risk in public law children cases, with more emphasis on gaining and recording the wishes and feelings of children at that stage.’

Local Government Lawyer, 9th October 2019

Source: www.localgovernmentlawyer.co.uk

Children being ‘set up to fail’ on release from custody by authorities, watchdog finds – The Independent

Posted October 8th, 2019 in budgets, children, local government, news, probate, recidivists, rehabilitation, release on licence, young offenders by sally

‘Children jailed for criminal offences are being “set up to fail” by authorities who fail to give them the support they need to stop offending, a watchdog has found. Half of the 12 to 17-year-old boys whose cases were examined by HM Inspectorates of Probation and Prisons, were being investigated by police again within three months of being released from young offender institutions.’

The Independent, 8th October 2019

Source: www.independent.co.uk

Magistrates raise concerns over county lines defence ‘loophole’ – The Guardian

Posted October 7th, 2019 in children, drug offences, drug trafficking, forced labour, gangs, local government, magistrates, news, victims, young offenders by sally

‘A legal defence for children who claim they are being exploited by county lines drug gangs needs to be monitored more closely, the Magistrates’ Association has warned.’

The Guardian, 6th October 2019

Source: www.theguardian.com

‘Unprecedented’ level of special needs complaints upheld – BBC News

Posted October 4th, 2019 in children, complaints, delay, local government, news, ombudsmen, reports, special educational needs by sally

‘Breaches of children’s legal right to have special educational needs support have reached unprecedented levels, says an official complaints body. England’s local government ombudsman said not only had there been a spike in complaints, but nine out of 10 of them were upheld in 2018-19.’

BBC News, 4th October 2019

Source: www.bbc.co.uk

Court has no power to require Cafcass to undertake work with non-subject child, judge rules – Local Government Lawyer

Posted October 2nd, 2019 in care orders, child abuse, family courts, guardianship, local government, news, third parties by sally

‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’

Local Government Lawyer, 1st Octoer 2019

Source: www.localgovernmentlawyer.co.uk

City council secures £40k fine over dangerous and unlicensed House in Multiple Occupation – Local Government Lawyer

Posted October 1st, 2019 in fines, health & safety, housing, landlord & tenant, local government, news by sally

‘City of Lincoln Council has secured the imposition of its second largest fine on a rogue landlord, after a defendant was found guilty of letting out a dangerous and unlicensed House in Multiple Occupation (HMO).’

Local Government Lawyer, 1st October 2019

Source: www.localgovernmentlawyer.co.uk

Can parents agree to a 16 year old being detained? – Transparency Project

Posted October 1st, 2019 in appeals, care orders, children, Court of Protection, detention, families, human rights, Law Commission, local government, news, parental responsibility, parental rights, Supreme Court by sally

‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’

Transparency Project, 28th September 2019

Source: www.transparencyproject.org.uk

Family courts hearing FGM cases do not have jurisdiction to injunct Home Secretary on asylum matters, rules senior judge – Local Government Lawyer

Posted October 1st, 2019 in asylum, children, duty of care, family courts, female genital mutilation, government departments, immigration, injunctions, jurisdiction, local government, news by sally

‘There is no jurisdiction for a family court to make a FGM (female genital mutilation) protection order against the Home Secretary to control the exercise of her jurisdiction with respect to matters of immigration and asylum, the President of the Family Division has concluded.’

Local Government Lawyer, 30th September 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court considers parental responsibility and deprivation of liberty – Family Law Week

Posted September 30th, 2019 in children, consent, deprivation of liberty safeguards, disabled persons, human rights, local government, mental health, news, parental responsibility, Supreme Court by michael

‘The Supreme Court, by a majority of three to two, has held, in D (A Child) [2019] UKSC 42, a case concerning a young person lacking mental capacity, that there is no scope for the operation of parental responsibility to authorise what would otherwise be a violation of a fundamental human right of a child, that is his liberty.’

Family Law Week, 26th September 2019

Source: www.familylawweek.co.uk

Children as young as 11 placed in unregulated care homes – BBC News

Posted September 20th, 2019 in care homes, child abuse, children, local government, news by sally

‘Children as young as 11 years old are illegally being placed in unregulated homes in England, the BBC has learned.’

BBC News, 19th September 2019

Source: www.bbc.co.uk

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