Public access to local authority information: transparency with teeth – Panopticon

Posted November 21st, 2014 in documents, freedom of information, local government, news, planning by tracey

‘The Freedom of Information Act and Environmental Information Regulations are the dominant statutory regimes for public transparency, but they are of course not the only ones. A good example is the regime under the Local Government Act 1972 (as amended), particularly sections 100A-K. Those provisions govern public access to local authority meetings, as well as the public availability of minutes, reports, background documents and so on for such meetings, subject to provisions for exempt information (Schedule 12A). A recent judgment of the Admin Court (Cranston J) in a planning matter, Joicey v Northumberland County Council [2014] EWHC 3657 (Admin) illustrates the importance of compliance with that regime for public access to information.’

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Panopticon, 20th November 2014

Source: www.panopticonblog.com

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Birmingham ‘exploitation’ order: Two more men banned – BBC News

Posted November 21st, 2014 in burden of proof, child abuse, injunctions, local government, news, sexual grooming by tracey

‘Two more men have been banned from contact with young girls in an “innovative” High Court case to prevent child sexual exploitation.’

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BBC News, 20th November 2014

Source: www.bbc.co.uk

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High Court judge dismisses challenge to Ealing shopping centre planning permission – OUT-LAW.com

Posted November 20th, 2014 in appeals, local government, news, planning, substitution by tracey

‘A High Court judge has dismissed a challenge to Ealing Council’s approval of plans to redevelop the Oaks Shopping Centre in west London, after disagreeing with claims that the substitution of a councillor on the Council’s planning committee was unlawful.’

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OUT-LAW.com, 19th November 2014

Source: www.out-law.com

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Family pressure group “had no business” in applying for habeas corpus on behalf of mother – UK Human Rights Blog

‘An application for habeas corpus by a pressure group was completely “hopeless” and “entirely misconceived”. The appellant’s challenge to the decision of the judge below was equally devoid of merit. Third party applications are only appropriate where the prisoner is incommunicado or where the impediment preventing the prisoner from acting is ignorance or disability. It was entirely inappropriate in these circumstances, where the prisoner had been represented by counsel throughout the proceedings which resulted in her imprisonment, or where her detention had already ended before the application for habeas corpus was made.’

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UK Human Rights Blog, 18th November 2014

Source: www.ukhumanrightsblog.com

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Regina (Stirling) v Haringey London Borough Council – WLR Daily

Posted November 18th, 2014 in appeals, consultations, council tax, law reports, local government, Supreme Court by sally

Regina (Stirling) v Haringey London Borough Council [2014] UKSC 56; [2014] WLR (D) 486

‘A public consultation under paragraph 3(1)(c) of Schedule 1A to the Local Government Finance Act 1992, as inserted, about a proposed council tax reduction scheme was unlawful if it did not involve inviting and considering views about possible alternatives to the scheme favoured by the local authority.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

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Sims (Appellant) v Dacorum Borough Council (Respondent) – Supreme Court

Sims (Appellant) v Dacorum Borough Council (Respondent) [2014] UKSC 63 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) – Supreme Court

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) [2014] UKSC 62 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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When a system of inspection simply isn’t enough – Zenith PI Blog

Posted November 18th, 2014 in appeals, housing, local government, news, personal injuries by sally

‘The circumstances of the claim are as follows. The Claimant had been visiting her parents who had lived for some years in sheltered housing owned by the Defendant. The Claimant’s parents’ accommodation had a back entrance, which was approached by way of a tarmac path, beside which were an area of patchy grass. There was a difference in level between the path and the earth of approximately two and a half inches. At trial the Judge found that the edge of the path was clear and did not need to be marked. He accepted that the Claimant had stepped half on and half off the path which has caused her ankle to cockle and for her to fall.’

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Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

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My Achy, Breaky Tenancy: Supreme Court rules it human rights-compatible for one tenant’s unilateral Notice to Quit to end a joint tenancy – Zenith Chambers

‘Something that can take some housing practitioners by surprise is a Notice to Quit served, not by a landlord on a tenant, but by a tenant on a landlord (sometimes referred to by housing officers as a “notice to terminate”).’

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Zenith Chambers, 13th November 2014

Source: www.zenithchambers.co.uk

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Errors, damn errors, and statistics: Ajilore v Hackney LBC – NearlyLegal

Posted November 18th, 2014 in appeals, homelessness, housing, local government, mental health, news, statistics, suicide by sally

‘With the Supreme Court set to look at priority need this December, Ajilore v Hackney [2014] EWCA Civ 1273 may prove to be a brief footnote in the evolution of the bloated Pereira test. But, at least for the next four weeks, it tells us something about the construction of the “ordinary homeless person” against which, post Johnson v Solihull [2013] EWCA Civ 752, applicants for homeless assistance are assessed.’

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NearlyLegal, 16th November 2014

Source: www.nearlylegal.co.uk

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Council seeks to protect vulnerable children with ‘novel’ legal action – The Guardian

Posted November 18th, 2014 in children, injunctions, local government, news, social services by sally

‘Social services bosses in Birmingham say they are taking innovative legal action in an effort to protect vulnerable children who may be victims of sexual exploitation.’

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The Guardian, 17th November 2014

Source: www.guardian.co.uk

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Love Thy Neighbour – An update on Neighbourhood plans – No. 5 Chambers

Posted November 17th, 2014 in environmental protection, housing, local government, news, planning by sally

‘Chris Young & James Corbet Burcher recently gave a talk titled ‘Love Thy Neighbour: An update on Neighbourhood plans’ at the No5 Chambers Annual Planning Review in London.’

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No. 5 Chambers, 16th October 2014

Source: www.no5.com

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R (Jakimaviciute) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted November 13th, 2014 in appeals, homelessness, housing, law reports, local government by tracey

R (Jakimaviciute) v Hammersmith and Fulham London Borough Council: [2014] EWCA Civ 1438; [2014] WLR (D) 478

‘The power of a local housing authority under section 160ZA(7) of the Housing Act 1996 to set the qualification criteria for registration on a housing allocation scheme under that Act was subject to the authority’s duty under section 166A(3) of the 1996 Act to secure that reasonable preference was given to specified classes of people, including those who were owed a housing duty under section 193(2) of that Act.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

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Landlord ordered to pay £280k after breaching enforcement notices on flats – Local Government Lawyer

‘A landlord who built an outbuilding and converted it into six small flats without planning permission has been ordered to pay more than £280,000.’

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Local Government Lawyer, 11th November 2014

Source: www.localgovernmentlawyer.co.uk

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Court of Appeal holds as unlawful part of allocation scheme adopted by council – Local Government Lawyer

Posted November 12th, 2014 in appeals, homelessness, local government, news by tracey

‘Part of an allocation scheme adopted by a London council was unlawful, the Court of Appeal has ruled. In Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 the claimant challenged the legality of Hammersmith & Fulham’s scheme, which was adopted with effect from April 2013.’

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Local Government Lawyer, 11th November 2014

Source: www.localgovernment lawyer.co.uk

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Wind turbines, noise and public information – UK Human Rights Blog

Posted November 10th, 2014 in consultations, delay, judicial review, local government, news, noise, planning by sally

‘An interesting decision about a Council not supplying some key information about a wind turbine project to the public until very late in the day. Can an objector apply to set the grant of permission aside? Answer: yes, unless the Council can show that it would have inevitably have come to the same conclusion, even if the information had been made public earlier.’

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UK Human Rights Blog, 7th November 2014

Source: www.ukhumanrightsblog.com

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A return of sanity: Allocation and reasonable preference – NearlyLegal

Posted November 7th, 2014 in appeals, housing, judicial review, local government, news, statutory duty by tracey

‘Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438. Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given.’

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NearlyLegal, 6th November 2014

Source: www.nearlylegal.co.uk/blog/

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R (on the application of Moseley (in substitution of Stirling) (AP) v London Borough of Haringey – Supreme Court

R (on the application of Moseley (in substitution of Stirling) (AP) (Appellant) v London Borough of Haringey (Respondent) [2014] UKSC 56 (YouTube)

Supreme Court, 29th October 2014

Source: www.youtube.com/user/UKSupremeCourt

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Southwark to bring judicial review over plans for ‘super-sewer’ for London – Local Government Lawyer

Posted November 3rd, 2014 in consultations, judicial review, local government, London, news, planning, sewerage by sally

‘Southwark Council has applied to the High Court to bring judicial review proceedings over ministers’ approval of plans for the so-called ‘super-sewer’ in London.’

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Local Government Lawyer, 3rd November 2014

Source: www.localgovernmentlawyer.co.uk

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Judge attacks legal aid cuts as couple fight to keep their son – The Independent

‘One of Britain’s most senior judges has launched a withering attack on cuts to legal aid after a couple with learning disabilities was not provided with a lawyer to fight the forced adoption of their two-year-old son.’

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The Independent, 31st October 2014

Source: www.independent.co.uk

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