Katy Sprague not warned of threat to kill hours before her murder – BBC News
‘A woman was not told her neighbour had threatened to kill her just hours before he murdered her, a review has found.’
BBC News, 19th January 2022
Source: www.bbc.co.uk
Category: statutory duty
Venues must have anti-terror measures under government plans – BBC News
‘Venues would have a legal duty to put in place security measures to protect the public from terror attacks under government plans. It comes in the wake of the 2017 Manchester Arena bombing, when 22 people were killed as they left an Ariana Grande concert. Home Secretary Priti Patel will set out the proposals on Monday, following an 18-week consultation.’
BBC News, 9th January 2022
Source: www.bbc.co.uk
Hillsborough Law would ‘level scales of justice’, says mayor – BBC News
‘A Hillsborough Law is needed to ensure fairer treatment for bereaved families, Liverpool City Region’s mayor has said.
Steve Rotheram and Greater Manchester Mayor Andy Burnham said the government needs to “level the scales of justice”.
They are calling for measures recommended in a 2017 report, based on the experiences of Hillsborough families, to be enshrined in law.’
BBC News, 7th January 2022
Source: www.bbc.co.uk
Guidance from Divisional Court on Article 2 inquests – UK Human Rights Blog
‘In R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin), the Divisional Court provided detailed guidance on the circumstances in which an enhanced investigation under Article 2 ECHR may be required at an inquest.’
UK Human Rights Blog, 4th January 2022
Source: ukhumanrightsblog.com
The investigative duty and ‘historic’ allegations – when is the duty engaged? – UK Police Law Blog
‘In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidence revives the investigative obligation (the ‘Brecknell Issue’); and how courts assess the independence of investigations (the ‘Independence Issue’).’
UK Police Law Blog, 20th December 2021
Source: ukpolicelawblog.com
High Court dismisses judicial review over approach by council to deciding if suitable home education is taking place – Local Government Lawyer
‘The High Court has dismissed a legal challenge to the way in which Portsmouth City Council discharges its duties under the Education Act 1996 in respect of home-educated children.’
Local Government Lawyer, 19th November 2021
Source: www.localgovernmentlawyer.co.uk
Reasonable evidence of in reasonable condition – private sector discharge – Nearly Legal
‘Where a local authority proposes to discharge the homeless duty by an offer of private sector accommodation, what does it have to do to satisfy itself that the property is suitable, with regard to the conditions set out in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012 (that the property is in reasonable and legal condition and the landlord is a fit and proper person)? That was the question in these two joined appeals.’
Nearly Legal, 16th November 2021
Source: nearlylegal.co.uk
Violence against women and girls should be treated with same priority as terrorism, says watchdog – The Independent
‘“Radical” change is needed to stop an epidemic of violence against women and girls in Britain, a watchdog has found.
An inspection sparked by the killing of Sarah Everard, who was kidnapped, raped and murdered by a serving police officer, said police must prioritise protecting women as highly as counter-terrorism.’
The Independent, 17th September 2021
Source: www.independent.co.uk
Sexual abuse in School – Adopting a zero-tolerance approach – 3 Hare Court
‘In April this year, thousands of anonymous reports were shared by students on Everyone’s Invited, a website which encourages young survivors of sexual abuse to share their stories. After these reports were received, Everyone’s Invited decided to name the schools implicated in these accounts. Of the 2,962 schools identified, 2,556 are secondary schools and 406 primary schools and 119 universities. To date, in excess of 51,000 testimonies have been shared on the site.’
3 Hare Court, 1st September 2021
Source: www.3harecourt.com
Looked after children and secure accommodation after 9 September – Local Government lawyer
‘David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?’
Local Government Lawyer, 3rd September 2021
Source: www.localgovernmentlawyer.co.uk
Regulating content on user-to user and search service providers – UK Human Rights Blog
‘The dust has settled since the government released its draft Online Safety Bill. Now is therefore a good time to evaluate its aims, methods, and potential impacts, which we will do so in this two-part post. The first post will have a look at the overall architecture of the bill, discussing what it is trying to do and how it is trying to do it. The second post will survey responses to the bill from academics and civil society campaigners, discussing whether the bill does too much or not enough.’
UK Human Rights Blog, 2nd August 2021
Source: ukhumanrightsblog.com
Council did not have reasonable system in place to respond to police requests for accommodation for detained juveniles: Court of Appeal – Local Government Lawyer
‘The London Borough of Waltham Forest was in breach of its duty to have a reasonable system in place to respond to requests by the police for secure accommodation for juveniles at risk of being detained in police cells overnight, the Court of Appeal has ruled.’
Local Government Lawyer, 2nd August 2021
Source: www.localgovernmentlawyer.co.uk
Grenfell bereaved and survivors bring multimillion pound case to high court – The Guardian
‘More than 800 bereaved and survivors from Grenfell Tower and 102 firefighters are seeking up to tens of millions of pounds in compensation from organisations involved in the disastrous refurbishment in a case that reaches the high court on Wednesday.’
The Guardian, 6th July 2021
Source: www.theguardian.com
No preference is a reasonable preference – R (Mallon Montero) v London Borough of Lewisham – Local Government Lawyer
‘A High Court judge has upheld the disqualification of housing applicants owed the reasonable preference duty on the basis of lack of local residence. Matt Hutchings QC analyses the ruling.’
Local Government Lawyer, 18th June 2021
Source: www.localgovernmentlawyer.co.uk
High Court rejects ‘failure to remove’ abuse claim – UK Human Rights Blog
‘In a significant adverse judgment for child abuse claimants, DFX v Coventry City Council [2021] EWHC 1382 (QB), Mrs Justice Lambert rejected a claim brought by a number of claimants who alleged that the defendant council’s social services negligently delayed in instigating care proceedings and that had they been removed from the family home earlier they would have avoided serial abuse at the hands of their parents.’
UK Human Rights Blog, 14th June 2021
Source: ukhumanrightsblog.com
Alastair Richardson: The Legality of Home Office Fees – UK Constitutional Law Association
“Project for the Registration of Children as British Citizens v Secretary of State for the Home Department (PRCBC) concerned a challenge to the lawfulness of fees charged to children applying to be registered as British citizens. The fees have a serious adverse impact on the ability of many children to apply for registration.”
UK Constitutional Law Association, 26th May 2021
Source: ukconstitutionallaw.org
High Court judge criticises failure by council to deliver EHC plan – Local Government Lawyer
‘Nottinghamshire County Council failed to adequately deliver a disabled child’s Education, Health and Care Plan (EHCP) the High Court has ruled.’
Local Government Lawyer, 27th May 2021
Source: www.localgovernmentlawyer.co.uk
Too soon for a reasonable preference – Nearly Legal
‘This was a judicial review of LB Lewisham’s allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing register and its relation to the ‘reasonable preference’ given to overcrowded households.’
Nearly Legal, 25th May 2021
Source: nearlylegal.co.uk
A Sigh of Relief: Elkundi & Ors v Birmingham City Council – Nearly legal
‘Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1024 (Admin), on the nature and enforceability of the duty under s. 193(2) Housing Act 1996.’
Nearly legal, 20th May 2021
Source: nearlylegal.co.uk
High Court judge says system of city council for accommodating homeless people is unlawful – Local Government Lawyer
‘Birmingham City Council’s system for allocating accommodation to homeless people has been declared unlawful by the High Court.’
Local Government Lawyer, 29th April 2021
Source: www.localgovernmentlawyer.co.uk
