Elderly man ‘held prisoner’ in care home – Daily Telegraph

‘An elderly man suffering from dementia was treated like a “prisoner” after social workers dispatched him to a nursing home against his and his family’s wishes without going through proper legal processes, a formal investigation has found.’

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Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

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Hussain v Waltham Forest London Borough Council – WLR Daily

Hussain v Waltham Forest London Borough Council [2015] EWCA Civ 14; [2015] WLR (D) 21

‘The phrase “other violence” in section 177(1) of the Housing Act 1996 covered not only physical violence (actual or threatened) but other threatening or intimidating behaviour or abuse, if of such seriousness that it might give rise to psychological harm.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

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Qualification criteria and allocations: An outlier? – NearlyLegal

Posted January 27th, 2015 in appeals, housing, local government, news, time limits by sally

‘In R(Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin), McCloskey J held the council’s allocation scheme valid in circumstances which, I must say, did not seem propitious to the council. The council’s new allocation scheme, which came in to force in September 2013, had a qualification criterion which required applicants to have a continuous residence for three years and, for those already registered, to have two and a half years. It was argued by the council that there was no “exceptional circumstances” get-out clause, because, apparently, the council “wanted clear rules that left no room for doubt about whether an individual qualified in the first place”. Now, like Ms Hillsden’s counsel (Jan Luba and Bethan Harris), I would have said that whole criterion was a real problem – indeed, our past notes on this precise issue have argued this too. So, fair play to Epping – how did they win? Will it survive an appeal?’

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NearlyLegal, 24th January 2015

Source: www.nearlylegal.co.uk

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CCTV: Too many cameras useless, warns surveillance watchdog Tony Porter – BBC News

‘Too many CCTV cameras are ineffective and useless, the government’s surveillance commissioner has warned.’

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BBC News, 26th January 2015

Source: www.bbc.co.uk

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Parents face court over term-time break after schools split on permission – The Guardian

Posted January 23rd, 2015 in education, families, fines, holidays, local government, news, school children by sally

‘A Rotherham couple have fallen foul of a government crackdown on term-time holidays after they applied for permission to take their two children on a family trip and were told that their daughter’s school had approved the request but their son’s had turned it down.’

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The Guardian, 22nd January 2015

Source: www.guardian.co.uk

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Nonagenarian unlawfully detained in care home for nearly two years – UK Human Rights Blog

‘The Court of Protection has castigated the actions of a County Council in depriving an old person of his liberty and dignity in their overreaction to reports that he might be subjected to financial exploitation. This, said the judge, amounted to punishing the victim for the acts of the perpetrators.’

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UK Human Rights Blog, 22nd January 2015

Source: www.ukhumanrightsblog.com

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Court of Appeal rejects challenge to closure of passenger transport unit – Local Government Lawyer

Posted January 21st, 2015 in appeals, community care, disabled persons, local government, news, transport by sally

‘A city council has successfully defended in the Court of Appeal its decision to close its passenger transport unit (PTU) and make alternative arrangements for users.’

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Local Government Lawyer, 20th January 2015

Source: www.localgovernmentlawyer.co.uk

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The end of the CCTV era? – BBC News

‘Twenty years ago the government backed a major expansion of the CCTV network – now funds are being cut and cameras shut off. Is the UK’s CCTV boom over, asks Rachel Argyle.’

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BBC News, 15th January 2015

Source: www.bbc.co.uk

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Councils must be more proactive to prevent FGM, says top judge – The Guardian

‘Local authorities need to be “proactive and vigilant” in taking measures to prevent girls being subjected to the “great evil” of female genital mutilation, the most senior family court judge in England and Wales has said.’

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The Guardian, 14th January 2015

Source: www.guardian.co.uk

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High Court judge rejects challenge to Essex local plan document – OUT-LAW.com

Posted January 14th, 2015 in consultations, EC law, local government, news, planning by tracey

‘A High Court judge has rejected a challenge to the adoption of a planning document which seeks to direct the location of development in a district of south Essex.’

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OUT-LAW.com, 13th January 2015

Source: www.out-law.com

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Hot, hot, hot – NearlyLegal

Posted January 12th, 2015 in appeals, benefits, housing, landlord & tenant, local government, news, tribunals by sally

‘Here is an interesting First Tier Tribunal bedroom tax appeal decision from Bexleyheath. [Decision notice]. It is a decision made after the Fife Upper Tribunal decision, but upholds the tenant’s appeal on the basis, in part, that the room is inadequately sized to be a bedroom, as well as being just too damn hot.’

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NearlyLegal, 11th January 2015

Source: www.nearlylegal.co.uk

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Supreme Court to hear landmark licensing fees battle next week – Local Government Lawyer

Posted January 9th, 2015 in licensing, local government, news, sex establishments, Supreme Court by sally

‘The Supreme Court will next week hear a case with major implications for local authorities and other regulators’ ability to charge fees for licences.’

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Local Government Lawyer, 9th January 2015

Source: www.localgovernmentlawyer.co.uk

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Pupils’ lawyers challenge lower threshold for school exclusions – The Guardian

‘Many more children could be expelled from school under new guidance which comes into force this week, according to lawyers who represent pupils at appeal panels.’

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The Guardian, 6th January 2015

Source: www.guardian.co.uk

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1, 2, 3, 4, 5, 6, 7, 10 – NearlyLegal

‘This was a judicial review of LB Enfield’s plans for borough wide additional HMO licensing and selective licensing of all PRS properties. It did not go well for Enfield, who appear to have not quite grasped the consultation requirements.’

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NearlyLegal, 3rd January 2014

Source: www.nearlylegal.co.uk

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High Court judge quashes decision by council to shut village school – Local Government Lawyer

Posted January 5th, 2015 in consultations, education, judicial review, local government, news, Wales by sally

‘A High Court judge has quashed a Welsh council’s decision to close a village school and merge it with a nearby primary school.’

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Local Government Lawyer, 5th January 2015

Source: www.localgovernmentlawyer.co.uk

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Regina (Larkfleet Homes Ltd) v Rutland County Council – WLR Daily

Posted December 18th, 2014 in law reports, local government, planning by sally

Regina (Larkfleet Homes Ltd) v Rutland County Council [2014] EWHC 4095 (Admin); [2014] WLR (D) 534

‘Section 17(7)(za) of the Planning and Compulsory Purchase Act 2004 and regulation 5 of the Town and Country Planning (Local Planning) (England) Regulations 2012 did not prevent the allocation of precise sites for particular development in a neighbourhood development plan.’

WLR Daily, 8th December 2014

Source: www.iclr.co.uk

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National Crime Agency begins Rotherham abuse inquiry – BBC News

‘The National Crime Agency (NCA) has begun an investigation into child sexual exploitation in Rotherham.’

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BBC News, 18th December 2014

Source: www.bbc.co.uk

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Learning difficulties assessments – High Ct judgment – Education Law Blog

‘The introduction of EHC plans for some 16-25 year olds was one of the most important changes to SEN in the Children and Families Act 2014. Under the previous regime, a special educational needs statement could not provide for a young person to attend further education or higher education. Even if the child remained in a school setting post-16, the statement would lapse (if the local authority had not already ceased to maintain it) when the young person turned 19, although the local authority could choose to maintain it until the end of that academic year. Young people with learning difficulties and/or disabilities who were moving into further education, training or higher education received instead a learning difficulties assessment. This assessment would result in a written report of their educational and training needs and the provision required to meet them (“the LDA”). Any challenge to an LDA was by way of judicial review (as, in contrast to the position for challenges to the contents of SEN statements, there was no statutory right of appeal to the tribunal). That is all changing, with the introduction of EHC plans, which can continue until the young person reaches the age of 25, which can include further education provision (but still not higher education) and which can be appealed to the tribunal. Whilst EHC plans were introduced on 1 September 2014, there is a fairly lengthy transition period and so LDAs will be with us for a little longer yet.’

Full story

Education Law Blog, 16th December 2014

Source: www.education11kbw.com

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Conscious Re-coupling and Succession – Nearly Legal

‘In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from a critically important period of separation between December 2010 and January 2012.

Ms T applied to succeed to the secure tenancy but the council decided that because she had not resided at the property for the 12 months immediately preceding Mr D’s death, she did not qualify to succeed. Ms T brought judicial review proceedings against that decision.’

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Nearly Legal, 14th December 2014

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

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High Court judge quashes selective licensing scheme over consultation failings – Local Government Lawyer

Posted December 15th, 2014 in appeals, consultations, housing, landlord & tenant, licensing, local government, news by tracey

‘The High Court has quashed a selective licensing scheme that Enfield Council was seeking to apply to the entire borough.’

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Local Government Lawyer, 12th December 2014

Source: www.localgovernmentlawyer.co.uk

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