statutory duty – Current Awareness

Council to pay family more than £5k after placing them in B&B accommodation for six months – Local Government Lawyer

Posted August 27th, 2024 in families, homelessness, housing, local government, news, ombudsmen, statutory duty by tracey

‘The Local Government and Social Care Ombudsman (LGSCO) has found that Birmingham City Council failed to provide suitable accommodation to a family placed in bed and breakfast (B&B) accommodation for more than 26 weeks, 20 weeks over the maximum time such accommodation can be used for homeless applicants with dependent children.’

Local Government Lawyer, 22nd August 2024

Source: www.localgovernmentlawyer.co.uk

Fire chiefs call for legal duty to respond to extreme weather in England – The Guardian

Posted August 23rd, 2024 in emergency services, fire, news, standards, statutory duty by tracey

‘NFCC says statutory safety standards would raise emergency response to flooding and wildfires in line with rest of UK.’

The Guardian, 23rd August 2024

Source: www.theguardian.com

Suitable accommodation under section 190 Housing Act 1996 – Nearly Legal

Posted August 12th, 2024 in homelessness, housing, judicial review, local government, news, statutory duty by tracey

‘ZRR, R (On the Application Of) v London Borough of Bexley (2024) EWHC 2073 (Admin). This was a judicial review of Bexley’s contention that temporary accommodation offered to ZRR under s.190 Housing Act 1996 was suitable and its duty was discharged when ZRR refused that accommodation.’

Nearly Legal, 11th August 2024

Source: nearlylegal.co.uk

Obstruction of the highway – Local Government Lawyer

Posted August 2nd, 2024 in licensing, local government, news, roads, statutory duty by michael

‘Highway authorities have a statutory duty to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority (Section 130 of the Highways Act 1980) and part of this statutory duty is to try to prevent obstruction of highways.’

Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

Academy school fails in High Court challenge over Ofsted rating – Local Government Lawyer

Posted July 24th, 2024 in education, government departments, news, reports, standards, statutory duty by sally

‘The High Court has rejected a legal challenge brought by a school over an inspection report issued by Ofsted following two separate inspections.’

Local Government Lawyer, 23rd July 2024

Source: www.localgovernmentlawyer.co.uk

Section 188(1) accommodation, suitability and mandatory orders – Nearly Legal

Posted July 8th, 2024 in Administrative Court, children, families, housing, local government, news, statutory duty by tracey

‘R (AO) v LB of Haringey (Central London Administrative Court, 9 May 2024). Interim relief was granted in favour of a mother and two primary school aged children who were being accommodated by the Defendant local authority under section 188(1) Housing Act 1996 in unsuitable bed and breakfast accommodation. The Court considered arguments that a mandatory order should not be made because of resource constraints and applied the Supreme Court decision of R (Imam) v Croydon London Borough Council (2023) UKSC 45, [2023] 3 WLR 1178 (“Imam”).’

Nearly Legal, 7th July 2024

Source: nearlylegal.co.uk

Robert Colvin and Elizabeth Forster: Rolling Judicial Reviews: A New Era of Court Monitoring in Complex Cases? – UK Constitutional Law Association

Posted July 1st, 2024 in asylum, children, judicial review, local government, news, statutory duty by tracey

‘On 5 June 2024, the Administrative Court gave its final word on relief in the (relatively) long running ECPAT UK judicial review (see R (ECPAT UK) v Kent County Council [2024] EWHC 1353 (Admin)). The case centred on Kent County Council’s (“KCC”) failure to meet its statutory duty to look after unaccompanied asylum-seeking children (“UAS children”) arriving at its coast and the Home Secretary’s systematic, routine and (ultimately) unlawful use of hotels to accommodate them outside of the care system. While the Court’s findings of illegality on the part of both defendants were uncontroversial – indeed KCC conceded it was acting (owing to a purported lack of resource) illegally (see R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 1953 (Admin), para 161) – it was the Court’s willingness to extend its usual role and monitor the defendants’ compliance with its ruling which makes this case unique.’

UK Constitutional Law Association, 1st July 2024

Source: ukconstitutionallaw.org

Homelessness and human rights – Law Society’s Gazette

Posted May 15th, 2024 in education, families, homelessness, housing, human rights, Islam, local government, news, school children, statutory duty by sally

‘What is the correct approach to determining the suitability of accommodation when the applicant’s circumstances engage rights under the European Convention on Human Rights (ECHR)? This is an issue of general public importance affecting local authorities discharging homelessness duties under Part VII of the Housing Act 1996. Who says? Andrews LJ, when she directed that an appeal from Mr Rabah Ghaoui should proceed to a hearing.’

Law Society's Gazette, 14th May 2024

Source: www.lawgazette.co.uk

Decisions, decisions (and not automatic ones) – Ending the main housing duty – Nearly Legal

Posted May 13th, 2024 in homelessness, housing, judicial review, landlord & tenant, local government, news, repossession, statutory duty by tracey

‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’

Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

The statutory nuisance regime – Local Government Lawyer

Posted May 8th, 2024 in appeals, environmental protection, local government, news, nuisance, statutory duty by tracey

‘Piers Riley-Smith analyses a Court of Appeal case concerning whether there was a legal power to vary an Abatement Notice issued under s.80 of the Environmental Protection Act 1990.’

Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Joe Tomlinson, Angela Paul, and Jed Meers: Are Statutory Duties to Protect the ‘Vulnerable’ a Good Idea? – UK Constitutional Law Association

Posted April 17th, 2024 in benefits, constitutional law, government departments, news, statutory duty by sally

‘The Work and Pensions Committee is conducting an inquiry on a highly important matter: how vulnerable welfare claimants are safeguarded by the Department of Work and Pensions (DWP), and whether changes ought to be made. In the course of this work, it has raised this important question: should the DWP be placed under a statutory duty for safeguarding vulnerable claimants?’

UK Constitutional Law Association, 16th April 2024

Source: ukconstitutionallaw.org

Duties to report child abuse in England – House of Commons Library

Posted February 29th, 2024 in child abuse, news, notification, statutory duty by sally

‘A briefing on reporting child abuse in England, including Government plans to introduce a mandatory reporting duty.’

House of Commons Library, 28th February 2024

Source: commonslibrary.parliament.uk

Consultation on Martyn’s law published but questions remain – OUT-LAW.com

Posted February 15th, 2024 in bills, consultations, health & safety, legislative drafting, news, statutory duty, terrorism by sally

‘The UK government’s consultation on proposed changes to the requirements for standard tier premises under draft anti-terrorism legislation confirms a commitment to proportionality. However, questions remain, including on what businesses must do to protect against acts of terrorism, an expert has said.’

OUT-LAW.com, 14th February 2024

Source: www.pinsentmasons.com

Section 117 after-care statutory guidance – a missed opportunity? – Local Government Lawyer

Posted February 6th, 2024 in detention, local government, mental health, news, statutory duty by tracey

‘Lee Parkhill reviews new Government guidance on the joint duty under s.117 of the Mental Health Act 1983.’

Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon – Oxford Human Rights Hub

Posted January 24th, 2024 in appeals, homelessness, housing, human rights, local government, news, statutory duty, Supreme Court by sally

‘In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the Court arguably made the right to be provided with housing (in the form of suitable accommodation) a justiciable right for certain categories of homeless persons.’

Oxford Human Rights Hub, 23rd January 2024

Source: ohrh.law.ox.ac.uk

High Court finds council in breach of duties to disabled child – Local Government Lawyer

Posted December 8th, 2023 in children, disabled persons, families, local government, news, statutory duty by michael

‘In TS, R (on the application of) v The London Borough of Hackney [2023] EWHC 3063 (Admin), Jonathan Glasson KC, sitting as a Deputy Judge of the High Court, quashed the council’s assessment and care planning decision, concluding that the decision making in relation to the care package was “flawed”.’

Local Government Lawyer, 7th December 2023

Source: www.localgovernmentlawyer.co.uk

Saying you are broke isn’t enough to avoid a duty – suitable accommodation and resources – Nearly Legal

Posted December 4th, 2023 in appeals, budgets, housing, landlord & tenant, local government, news, statutory duty by tracey

‘Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45. This is the long awaited Supreme Court decision in Imam v Croydon on what conditions a court should have regard to in deciding whether to make a mandatory order that the local authority comply with its section 193(2) Housing Act 1996 duty to provide suitable accommodation. At first instance, Croydon have avoided a mandatory order, despite Ms Imam having been in what was acknowledged to be unsuitable accommodation for what was then 5 years, in part on the basis of a fairly general assertion that LB Croydon had no suitable houses and no money (our note here). This was reversed by the Court of Appeal (our note here), which held that a pleading of lack of resources would have to be demonstrated in detail, with evidence of steps taken, before a court would accept this as a reason not to make a mandatory order.’

Nearly Legal, 3rd December 2023

Source: nearlylegal.co.uk

Homelessness – Local Government Law

Posted November 29th, 2023 in appeals, homelessness, housing, local government, news, statutory duty, Supreme Court by sally

‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’

Local Government Law, 29th November 2023

Source: local-government-law.11kbw.com

Arbitration Bill aims to retain pre-eminence of England and Wales – Legal Futures

Posted November 23rd, 2023 in arbitration, bills, disclosure, news, statutory duty by sally

‘The Ministry of Justice (MoJ) yesterday published the Arbitration Bill, including a new statutory duty on arbitrators to disclose anything which might give rise to “justifiable doubts” about their impartiality.’

Legal Futures, 23rd November 2023

Source: www.legalfutures.co.uk

Online Safety Act becomes UK law with more detail on duties imminent – OUT-LAW.com

Posted October 30th, 2023 in children, internet, news, statutory duty by tracey

‘Content platforms in the UK can expect to receive more details on the steps they might need to take to address the risk of illegal online harms on 9 November, a regulator has confirmed after the Online Safety Act passed into UK law.’

OUT-LAW.com, 27th October 2023

Source: www.pinsentmasons.com

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