Jails and universities obliged to prevent radicalisation as new act becomes law – The Guardian

‘Local authorities, prisons, NHS trusts, schools, universities and further education institutions will this week be placed under a new statutory duty to prevent extremist radicalisation taking place within their walls.’

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The Guardian, 29th June 2015

Source: www.guardian.co.uk

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Tribunal rejects request for correspondence between solicitor and planning officers – Local Government Lawyer

‘The First-Tier Tribunal has ruled that a district council was entitled to refuse to disclose correspondence passing between one of its solicitors and various members of its planning department.’
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Local Government Lawyer, 30th June 2015

Source: www.localgovernmentlawyer.co.uk

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High Court judge declares part of housing allocation scheme to be unlawful – Local Government Lawyer

Posted June 26th, 2015 in homelessness, housing, local government, news by sally

‘A High Court judge has declared unlawful a London council’s policy of suspending an unintentionally homeless person’s right to bid for social housing for 12 months.’

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Local Government Lawyer, 24th June 2015

Source: www.localgovernmentlawyer.co.uk

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Court of Appeal confirms neighbourhood development plans can make site allocations – OUT-LAW.com

Posted June 26th, 2015 in appeals, consultations, judicial review, local government, news, planning by sally

‘UK legislation relating to neighbourhood planning allows for policies allocating sites for development to be included in neighbourhood development plans (NDPs), the Court of Appeal has confirmed.’

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OUT-LAW.com, 23rd June 2015

Source: www.out-law.com

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Westminster again… – Nearly Legal

Posted June 24th, 2015 in homelessness, housing, local government, news by sally

‘In R(Alemi) v Westminster CC [2015] EWHC 1765 (Admin), which has been widely reported already (eg here; and all over my twitter feed), HHJ Blair QC found that Westminster’s allocation scheme was unlawful in disbarring successful homeless applicants (other than a small group) from bidding for social housing in their first 12 months on the list. During that period, Westminster would be seeking to find a suitable private rented sector property.’

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Nearly Legal, 22nd June 2015

Source: www.nearlylegal.co.uk

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Judicial review: Judicial Control, Liability and Litigation – Local Government Law

Posted June 23rd, 2015 in judicial review, local government, news, state aids by tracey

‘The Judgment of Green J in R (British Academy of Songwriters, etc) v SoS for BIS [2015] EWHC 1723 (Admin) is very long (106 pages, 318 paragraphs) and its subject matter (creating an exception to copyright based upon personal private use) is far removed from local government. However, it is important on judicial review generally (and on State Aid).’

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Local Government Law, 22nd July 2015

Source: www.11kbw.com/blogs/local-government-law

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Go away! – Nearly Legal

‘A curious case on the effect of a s.198 Housing Act 1996 referral of a homeless applicant to another Authority.’

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Nearly Legal, 21st June 2015

Source: www.nearlylegal.co.uk

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Developer loses Court of Appeal challenge over neighbourhood plan – Local Government Lawyer

Posted June 22nd, 2015 in appeals, documents, environmental protection, local government, news, planning by tracey

‘The Court of Appeal has rejected a developer’s challenge over the inclusion of site allocation policies in a neighbourhood development plan. The appellant in Larkfleet Homes Ltd, R (on the application of) v Rutland County Council & Ors [2015] EWCA Civ 597 was a house-building company with a commercial interest in land to the west of Ayston Road in the town of Uppingham in the county of Rutland.’

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Local Government Lawyer, 18th June 2015

Source: www.localgovernmentlawyer.co.uk

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Court of Appeal comments on deprivation of liberty and being party to proceedings – Local Government Lawyer

‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for dealing with certain types of deprivation of liberty cases.’

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Local Government Lawyer, 16th June 2015

Source: www.localgovernmentlawyer.co.uk

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David Cameron orders crackdown on summer surge of FGM cases – The Guardian

‘New laws aimed at preventing young girls being taken abroad to undergo female genital mutilation are to be fast-tracked within weeks, amid fears that the number of cases could soar during the summer holidays.’

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The Guardian, 13th June 2015

Source: www.guardian.co.uk

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An inconvenient problem – Nearly Legal

Posted June 12th, 2015 in benefits, homelessness, housing, local government, news, rent by sally

‘This is not a usual blog post. I was asked to do an analysis of the proposed £23,000 pa benefit cap, its impact on housing, homelessness and the legal position, with a focus on London, for use elsewhere and for a purpose which shall remain nameless. But I feel this needs wider sharing.’

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Nearly Legal, 10th June 2015

Source: www.nearlylegal.co.uk

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Watchdog praises Care Act implementation but warns of burden on councils – Local Government Lawyer

Posted June 12th, 2015 in budgets, community care, local government, news, reports, social services by sally

‘he Department of Health’s cost estimates and chosen funding mechanisms for implementing the first phase of the Care Act 2014 have put local authorities under increased financial risk given the uncertain level of demand for adult social care, the National Audit Office has said.’

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Local Government Lawyer, 11th June 2015

Source: www.localgovernmentlawyer.co.uk

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Johnston v Westminster City Council – WLR Daily

Posted June 5th, 2015 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

Johnston v Westminster City Council: [2015] EWCA Civ 554; [2015] WLR (D) 238

‘For the purposes of section 175 of the Housing Act 1996, the fact that an applicant for homeless assistance in one local housing authority might be offered accommodation by another authority which might satisfy section 175(3) of the Act did not entitle the decision-maker to find that the applicant was not homeless.’

WLR Daily, 3rd June 2015

Source: www.iclr.co.uk

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Education and Adoption Bill published – Education Law Blog

‘The Education and Adoption Bill was presented to Parliament on 3 June 2015. The proposed legislation would make the following changes to education law in England and Wales.No date has been announced yet for the second reading.’

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Education Law Blog, 4th June 2015

Source: www.education11kbw.com

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Keep Calm and Read B-S – Family Law Week

‘Cyrus Larizadeh of 4 Paper Buildings and Senate House Chambers recently spoke at the NAGALRO Conference on Re B-S, its aftermath and some of the misconceptions arising from it.’
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Family Law Week, 2nd June 2015

Source: www.familylawweek.co.uk

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Children Public Law Update – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’

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Family Law Week, 28th May 2015

Source: www.familylawweek.co.uk

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Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) – WLR Daily

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] WLR (D) 224

‘When considering whether a homeless person had priority need for housing as a “vulnerable” person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

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R (Luton Borough Council) v Central Bedfordshire Council and others – WLR Daily

R (Luton Borough Council) v Central Bedfordshire Council and others [2015] EWCA Civ 537; [2015] WLR (D) 226

‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

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Education bill to close loopholes blocking academies expansion – The Guardian

‘The education secretary, Nicky Morgan, has vowed to “sweep away bureaucratic and legal loopholes” obstructing the takeover of as many as 1,000 struggling local authority schools in England and their rapid conversion into academies.’

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The Guardian, 3rd June 2015

Source: www.guardian.co.uk

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Devolution at the heart of UK government’s first legislative programme, expert says – OUT-LAW.com

Posted May 29th, 2015 in bills, devolution, local government, news by sally

‘The UK’s new Conservative government will “set in motion the biggest transfer of power from Westminster and Whitehall in history”, an expert has said, after it committed to regional devolution in England and more powers for Scotland, Wales and Northern Ireland.’

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OUT-LAW.com, 29th May 2015

Source: www.out-law.com

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