Category: statutory duty

Coronacontact- what about the children in care? – Transparency Project

Posted April 14th, 2020 in care orders, children, coronavirus, families, health, local government, news, statutory duty by sally

‘Family life is significantly disrupted as a result of the ‘lockdown’, and many children in care will not have seen their parents for a number of weeks. This short article considers the legal position with regard to the duties of local authorities in England to looked-after children and contact, and the interaction between this and the Coronavirus Act 2020 and regulations.’

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Transparency Project, 11th April 2020

Source: www.transparencyproject.org.uk

UK venues could face legal duty to provide protection from terrorism – The Guardian

Posted February 24th, 2020 in consultations, government departments, health & safety, news, police, statutory duty, terrorism by sally

‘The owners and operators of businesses and public spaces such as concert halls, shopping centres and parks will be legally bound to protect such venues from terrorism under a new statutory duty proposed by the government.’

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The Guardian, 24th February 2020

Source: www.theguardian.com

Fresh legal challenge threatened over changes at hospital amid claims of “unlawful” consultation – Local Government Lawyer

Posted February 12th, 2020 in consultations, hospitals, judicial review, news, statutory duty by sally

‘A campaigner has threatened a fresh legal challenge after a consultation on proposed changes at the Friarage Hospital in Northallerton did not include the option to maintain its accident and emergency department.’

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Local Government Lawyer, 11th February 2020

Source: www.localgovernmentlawyer.co.uk

Chief Constable of Essex Police v Transport Arendonk BVBA (2020) – St Pauls Chambers

Posted February 6th, 2020 in chambers articles, duty of care, negligence, news, police, statutory duty by sally

‘A recorder had been correct not to strike out a negligence claim against a police force brought by the owner of cargo stolen from a lorry parked in a secluded lay-by at night while the driver was held at a police station on suspicion of drink driving. The possibility of a duty of care owed by the police was not precluded by statute, and there were no authorities that resolved the issue. The matter needed a full trial of the evidence.’

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St Pauls Chambers, 31st January 2020

Source: www.stpaulschambers.com

A legal duty to tackle inequality: Scotland first, Wales next, England when? – Cloisters

Posted January 28th, 2020 in equality, news, Scotland, statutory duty, Wales by sally

‘This month a public consultation is underway in Wales looking at implementing a duty on public bodies to consider the effect of policies on socio-economic inequality.’

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Cloisters, 23rd January 2020

Source: www.cloisters.com

Ombudsman reminds councils of their foster carer school transport duties – Local Government Lawyer

Posted January 20th, 2020 in children, fostering, local government, news, ombudsmen, school children, statutory duty, transport by sally

‘Councils across England are being reminded about the financial support they must provide to foster carers’ school transport expenses following an investigation by the Local Government and Social Care Ombudsman into Wolverhampton council.’

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Local Government Lawyer, 17th January 2020

Source: www.localgovernmentlawyer.co.uk

CA: Litigants do not owe duty of care to opponents – Litigation Futures

Posted December 20th, 2019 in appeals, civil procedure rules, damages, documents, duty of care, fraud, HM Revenue & Customs, negligence, news, statutory duty, taxation, VAT by tracey

‘Litigants do not owe a duty of care to their opponents, the Court of Appeal has made clear.’

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Litigation Futures, 18th December 2019

Source: www.litigationfutures.com

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 tracey

‘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.’

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Nearly Legal, 13th October 2019

Source: nearlylegal.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 tracey

‘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.’

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Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Krishan Nadesan: Asking the Impossible: Benn, Kinnock and Extending Article 50 – UK Constitutional Law Association

Posted October 2nd, 2019 in amendments, bills, brexit, constitutional law, EC law, ministers' powers and duties, news, statutory duty, statutory interpretation, time limits, treaties by sally

‘Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the law. Or he can resign. The Benn Act appears to trap the Prime Minister between these unpalatable options. Nevertheless, he may be able to escape. For the Act may ask the impossible.’

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UK Constitutional Law Association, 1st October 2019

Source: ukconstitutionallaw.org

Campaigners refused permission to appeal ruling on closure of children’s centres – Local Government Lawyer

Posted August 30th, 2019 in appeals, children, consultations, judicial review, local government, news, statutory duty, statutory interpretation by sally

‘A campaign group has failed to obtain permission to appeal a High Court ruling that a decision by the Cabinet at Buckinghamshire County Council to close 19 out of its 35 children’s centres was lawful.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects claim over failure to reassess educational needs of 22-year-old disabled man – Local Government Lawyer

Posted August 9th, 2019 in appeals, disabled persons, education, learning difficulties, news, statutory duty, Wales by tracey

‘The Court of Appeal has upheld a High Court ruling that Welsh ministers and the quango Careers Wales did not act unreasonably when they decided not to reassess the educational and training needs of a young man with a learning disability.’

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Local Government Lawyer, 8th August 2019

Source: www.localgovernmentlawyer.co.uk

Motorcyclists fail in Court of Appeal action over making of road traffic regulation order – Local Government Lawyer

Posted July 23rd, 2019 in local government, motorcycles, news, road traffic, statutory duty by sally

‘The Court of Appeal has rejected an appeal by a motorcyclists’ group over a road traffic regulation order (TRO) made by Hampshire County Council.’

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Local Government Lawyer, 22nd July 2019

Source: www.localgovernmentlawyer.co.uk

When is a Highway “Maintainable at Public Expense”? – Zenith PI Blog

Posted July 5th, 2019 in footpaths, local government, news, personal injuries, road safety, roads, statutory duty, statutory interpretation by sally

‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’

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Zenith PI Blog, 28th June 2019

Source: zenithpi.wordpress.com

Abandoning a procurement: not always the end of the story – Henderson Chambers

Posted July 3rd, 2019 in local government, news, public procurement, statutory duty by sally

‘In Amey Highways Ltd v West Sussex Highways [2019] EWHC 1291 (TCC), Stuart SmithJ held that a contracting authority’s decision to abandon a procurement following a challenge brought by a disappointed tenderer does not automatically extinguish that tenderer’s claim for damages.’

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Henderson Chambers, 25th June 2019

Source: www.hendersonchambers.co.uk

Costs awarded against council after failed ‘secondary ticketing’ prosecution – Local Government Lawyer

Posted July 3rd, 2019 in consumer protection, costs, local government, news, statutory duty, time limits, weights and measures by sally

‘Costs have been awarded against North Yorkshire County Council in a case over the prosecution of ticket resellers, despite a judge saying she was reluctant to do so.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Seeking a secret inquest? A lesson in how NOT to go about asking for reporting restrictions – UK Human Rights Blog

Posted July 2nd, 2019 in anonymity, children, civil procedure rules, closed material, coroners, courts, death in custody, inquests, jurisdiction, limitations, local government, media, news, reporting restrictions, statutory duty, suicide by sally

‘When seeking any order it always helps to make the right application, to the right court, following the right procedure. Although when it does go horribly wrong it at least provides valuable learning for the rest of us.’

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UK Human Rights Blog, 1st July 2019

Source: ukhumanrightsblog.com

‘Councils Cannot Blame Funding For Special Educational Needs Failures’, High Court Told – Rights Info

Posted June 28th, 2019 in budgets, children, disabled persons, duty of care, education, equality, human rights, learning difficulties, local government, news, statistics, statutory duty by sally

‘A lack of funding gives councils “no excuse” for failing to meet their legal duty to children with special educational needs and disabilities (SEND), a court has heard.’

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Rights Info, 27th June 2019

Source: rightsinfo.org

Supreme Court gives new guidance on liability of local authorities – UK Human Rights Blog

Posted June 7th, 2019 in appeals, children, duty of care, harassment, housing, human rights, local government, news, personal injuries, statutory duty, striking out, Supreme Court by tracey

‘Poole Borough Council v GN and another [2019] UKSC 25. The Supreme Court has found that Poole Borough Council did not owe a duty of care to two children, CN and GN, who it failed to re-house, despite the fact that they were suffering abuse from their neighbours. However, the court overruled previous authority and found that in some situations a duty of care might arise.’

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UK Human Rights Blog, 7th June 2019

Source: ukhumanrightsblog.com

High Court considers causation in clinical negligence – UK Human Rights Blog

Posted May 23rd, 2019 in causation, damages, delay, doctors, negligence, news, statutory duty by tracey

‘Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41.’

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UK Human Rights Blog, 22nd May 2019

Source: ukhumanrightsblog.com