Category: statutory duty

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.’

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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.’

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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.’

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OUT-LAW.com, 27th October 2023

Source: www.pinsentmasons.com

Government faces legal challenge over ‘unlawful segregation’ of asylum seekers – The Guardian

Posted October 26th, 2023 in asylum, housing, ministers' powers and duties, news, statutory duty by sally

‘The Home Office has been accused of unlawfully segregating asylum seekers from the local population based on their nationality by “falsely imprisoning” them on a remote Essex airbase.’

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The Guardian, 25th October 2023

Source: www.theguardian.com

Distance, affordability, suitability – Nearly Legal

Posted August 29th, 2023 in benefits, equality, homelessness, housing, local government, news, statutory duty by sally

‘This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest’s s.193 duty to Ms Webb-Harden. Ms Webb-Harden is a single mother with three children, who had lived in London all her life. She had become homeless from the termination of a private sector tenancy.’

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Nearly Legal, 28th August 2023

Source: nearlylegal.co.uk

Home Office breached statutory duty to ensure provision of adequate accommodation for pregnant asylum seeker and children – Garden Court Chambers

Posted August 2nd, 2023 in asylum, chambers articles, children, families, government departments, housing, immigration, news, pregnancy, refugees, statutory duty by sally

‘The Claimant was a destitute asylum-seeker who was heavily pregnant and the mother of three young children.’

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Garden Court Chambers, 31st July 2023

Source: www.gardencourtchambers.co.uk

Suitability appeal – don’t ignore evidence of need – Nearly Legal

Posted July 31st, 2023 in appeals, autism, children, disabled persons, equality, families, homelessness, housing, local government, news, statutory duty by tracey

‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’

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Nearly Legal, 28th July 2023

Source: nearlylegal.co.uk

Ruling confirms Building Safety Act’s impact on retrospective defect claims – OUT-LAW.com

Posted July 17th, 2023 in appeals, building law, construction industry, limitations, news, statutory duty, time limits by tracey

‘A new ruling has highlighted how claims concerning building defects that would otherwise be time-barred can still be raised under the 2022 Building Safety Act, an expert has said.’

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OUT-LAW.com, 14th July 2023

Source: www.pinsentmasons.com

Think of other ways to meet the duty – Nearly Legal

Posted June 8th, 2023 in children, disabled persons, housing, judicial review, local government, news, statutory duty by tracey

‘Our grateful thanks to Eleri Griffiths and Martin Hodgson of One Pump Court for the following note of a judicial review of LB Harrow’s failure to provide suitable accommodation under section 193 Housing Act 1996, following on from Elkundi (our note) and while we await the Supreme Court decision in Imam v LB Croydon on mandatory orders in such cases.’

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Nearly Legal, 4th June 2023

Source: nearlylegal.co.uk

Housing case law update – April 2023 – Local Government Lawyer

Posted May 19th, 2023 in homelessness, housing, local government, London, mental health, news, repossession, statutory duty by tracey

‘Emily Howe, Kelly Lloyd and Laura Waby round up the latest housing law judgments of interest to housing associations and local authorities.’

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Local Government Lawyer, 17th May 2023

Source: www.localgovernmentlawyer.co.uk

Suitability duties and reasonable preferences that weren’t unreasonable – Nearly Legal

Posted May 10th, 2023 in disabled persons, homelessness, housing, judicial review, local government, news, statutory duty by sally

‘A judicial review on three grounds:

i) Breach of section 193(2) Housing Act 1996 duty to secure suitable accommodation;

ii) The Westminster’s allocation policy was unlawful in that it denied the applicant medical need priority reasonable preference, restricting him to homeless reasonable preference; and

iii) Breach of the duty under section 166A(9)(a)(ii) Housing Act 1996 to provide the applicant sufficient information to permit the applicant to determine whether housing accommodation appropriate to his needs is likely to be available to him and, if so, how long it is likely to be before such accommodation becomes available for allocation to him.’

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Nearly Legal, 8th May 2023

Source: nearlylegal.co.uk

Suitability review – excluding information, and ending existing accommodation – Nearly Legal

Posted May 2nd, 2023 in housing, landlord & tenant, local government, news, statutory duty by tracey

‘Querino v Cambridge City Council. County Court at Cambridge, 29 March 2023. Continuing the trend (of which I wholeheartedly approve) of people sending me notes of judgments, the following is a note of a s.204 appeal of a suitability review decision from Toby Vanhegan of 4-5 Gray’s Inn and Manjinder Atwal of Duncan Lewis, for which we are very grateful. The issues were i) whether a “minded to” letter should have been sent, ii) whether the council should have been satisfied that the applicant could end his licence in time to take up the offer of Part VI accommodation, and iii) the review officer had wrongly excluded the applicant’s supporting material from CAFCASS.’

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Nearly Legal, 1st May 2023

Source: nearlylegal.co.uk

‘Failure to prevent’ fraud offence to apply in UK to large organisations – OUT-LAW.com

Posted April 14th, 2023 in bills, chambers articles, company law, crime prevention, fraud, news, statutory duty by tracey

‘A new criminal offence of failing to prevent fraud is to be added to UK law and applied to large businesses and other large organisations.’

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OUT-LAW.com, 12th April 2023

Source: www.pinsentmasons.com

London boroughs issue report on going beyond statutory and regulatory housing responsibilities, admitting there is “more they must do” – Local Government Lawyer

Posted April 13th, 2023 in housing, local government, London, news, reports, standards, statutory duty by sally

‘The London Housing Directors’ Group, with support from London Councils, has issued a report setting out best practice principles on how boroughs can go beyond their statutory and regulatory responsibilities to deliver the “highest possible housing standards”.’

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Local Government Lawyer, 12th April 2023

Source: www.localgovernmentlawyer.co.uk

Afghan refugees lose High Court challenge over Home Office offer of bridging accommodation in Manchester – Local Government Lawyer

Posted March 29th, 2023 in Afghanistan, asylum, government departments, immigration, judicial review, news, refugees, statutory duty by sally

‘Afghan refugees who were resettled in London have lost a High Court bid to try to prevent them being sent to Manchester by the Home Office.’

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Local Government Lawyer, 27th March 2023

Source: www.localgovernmentlawyer.co.uk

Highways: only a touch of frost – Local Government Lawyer

Posted March 20th, 2023 in local government, news, road safety, roads, statutory duty, statutory interpretation by tracey

‘In his fourth and final article in a short series which focuses on case law which may assist in the defence of claims against Highways Authorities under s.41 of the Highways Act 1980, and inspired at least in part by the wintery weather sweeping across the country, Jack Harding focuses on snow and ice on the highway.’

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Local Government Lawyer, 17th March 2023

Source: www.localgovernmentlawyer.co.uk

Speech by the Chief Coroner: Death in Custody Symposium – Courts and Tribunals Judiciary

Posted March 17th, 2023 in coroners, death in custody, prisons, speeches, statutory duty by tracey

‘Speech by the Chief Coroner: Death in Custody Symposium.’

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Courts and Tribunals Judiciary, 14th March 2023

Source: www.judiciary.gov.uk

New Judgment: R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog

Posted March 9th, 2023 in licensing, ministers' powers and duties, news, statutory duty, statutory interpretation, Supreme Court, telecommunications, ultra vires by sally

‘This appeal raised an issue of statutory construction. It arises in the context of a type of equipment known as commercial multi-user GSM (Global Systems for Mobile Communications) gateway apparatus (“COMUGs”). GSM gateways are telecommunications equipment containing one or more SIM cards, as used in mobile phones. They enable phone calls and text messages from landlines to be routed directly on to mobile networks. When a call is routed through a GSM gateway, the only data transmitted over the network is the number and location of the SIM card in the GSM gateway. It does not transmit information such as the identity of the calling party and (in the case of a mobile phone) the user’s location, as would ordinarily be the case without a GSM gateway.’

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UKSC Blog, 8th March 2023

Source: ukscblog.com

James Robottom: The State’s Legal Duty to Hold an Independent Inquiry into the Mass Disappearance of Asylum Seeking Children in its Care – UK Constitutional Law Association

Posted February 24th, 2023 in asylum, children, government departments, immigration, inquiries, news, statutory duty by sally

‘The disappearance of hundreds of asylum seeking children out of Home Office run hotels is an issue of acute national concern. After the Observer reported on 21 January 2023 that “[d]ozens of asylum-seeking children ha[d] been kidnapped by gangs from a Brighton hotel run by the Home Office in a pattern apparently being repeated across the south coast”, Immigration Minister Robert Jenrick informed the House of Commons that 440 children had gone missing from six hotels since July 2021. Some had been found but 200 remained missing. On 18 February the Observer further reported that children taken from Home Office hotels in Sussex had been found in 18 different police areas. On 26 January over 100 charities wrote to the Prime Minister to request an end to the “unlawful and harmful” practice of placing asylum seeking children in hotels prior to their transfer to local authority care. The charities demanded an urgent independent inquiry into the scandal.’

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UK Constitutional Law Association, 23rd February 2023

Source: ukconstitutionallaw.org

Supreme Court agrees to hear housing case over failure to provide suitable accommodation, mandatory relief and budgetary constraints – Local Government Lawyer

Posted January 27th, 2023 in appeals, housing, local government, news, statutory duty, Supreme Court by sally

‘The Supreme Court has granted the London Borough of Croydon permission to appeal in a dispute over mandatory relief in cases where councils have failed to provide suitable accommodation for a person owed the main housing duty.’

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Local Government Lawyer, 26th January 2023

Source: www.localgovernmentlawyer.co.uk