Kanu v Southwark London Borough Council – WLR Daily

Posted July 31st, 2014 in appeals, disabled persons, equality, homelessness, law reports, local government by michael

Kanu v Southwark London Borough Council [2014] EWCA Civ 1085;  [2014] WLR (D) 344

‘Where an applicant with a disability sought housing assistance as homeless, section 149(1) of the Equality Act 2010 did not require a housing authority to do any more than was required by the Housing Act 1996. The public sector equality duty in section 149 of the 2010 Act could not extend to requiring a housing authority to secure accommodation for a disabled person in circumstances where his disability did not render him vulnerable.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) – WLR Daily

Posted July 31st, 2014 in health, housing, law reports, local government by michael

Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) [2014] EWHC 2647 (Admin);  [2014] WLR (D)  347

‘When considering the provision of accommodation under section 3(1) of the National Health Service Act 2006 it would usually be difficult to say, absent special circumstances, that a clinical commissioning group had acted lawfully or irrationally in deciding that the accommodation needs of an individual could and should be met through other avenues involving means-tested state provision, and not out of its own NHS budget.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Council chief reprimanded over use of n-word – BBC News

Posted July 31st, 2014 in local government, news, racism by michael

‘The deputy leader of Powys Council has been “severely reprimanded” for using racially offensive language at a council meeting.’

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BBC News, 31st July 2014

Source: www.bbc.co.uk

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Local authority’s ‘benefit tourism’ rule discriminated against residents – The Guardian

‘A local authority acted illegally when it introduced strict residency criteria designed to prevent it becoming a magnet for “benefit tourists” priced out of high-cost areas of London and the south-east by welfare reforms, a judge has ruled.’

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The Guardian, 30th July 2014

Source: www.guardian.co.uk

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Alcohol abuse in pregnancy could become a crime, legal papers claim – The Guardian

‘An unprecedented court hearing to decide on the right of a child whose mother drank alcohol during pregnancy to receive compensation could pave the way to the criminalisation of pregnant women’s behaviour, according to legal papers lodged with the judge.

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The Guardian, 26th July 2014

Source: www.guardian.co.uk

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Sacked Baby P chief Sharon Shoesmith won payout of more than £600,000 – The Guardian

Posted July 24th, 2014 in compensation, local government, news, social services, unfair dismissal by sally

‘Haringey council has had to pay out more than £600,000 to its former children’s services boss Sharon Shoesmith in compensation for unfair dismissal, unpaid wages, and pension contributions, according to reports.’

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The Guardian, 23rd July 2014

Source: www.guardian.co.uk

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Developer seeks judicial review in relation to Rutland neighbourhood plan – OUT-LAW.com

Posted July 23rd, 2014 in judicial review, local government, news, planning by michael

‘Developer Larkfleet Homes has applied for judicial review in relation to the neighbourhood plan for a Rutland parish, according to a report in Planning Magazine.’

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OUT-LAW.com, 22nd July 2014

Source: www.out-law.com

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Trouble out west – NearlyLegal

Posted July 21st, 2014 in homelessness, judicial review, local government, news, planning, repossession by sally

‘In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court? Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth. The real aim of this judicial review, though, was not the possession order, but the council’s decision not to allow the O’Brien’s and their four caravans to return to the temporary transit site, which had available pitches. The O’Briens had stayed at that temporary site for the allowable period (13 weeks) and had been entitled to overstay on the ground of exceptional circumstances for a period. They then moved off and ended up at the M5 site. The O’Briens had also made a homelessness application and been offered interim bricks and mortar accommodation. The council’s officer had considered whether to allow the O’Briens back on to the transit site but decided against it for what would have been an indefinite period and which would have set a precedent for allowing extended stays in breach of planning controls. The O’Briens’ were unsuccessful on the merits although Burnett J did give permission to bring the judicial review’

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NearlyLegal, 19th July 2014

Source: www.nearlylegal.co.uk

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Local Authority Focus – July 2014 – Family Law Week

Posted July 18th, 2014 in care orders, costs, equality, fostering, judicial review, local government, news by tracey

‘Sally Gore, barrister, of Fenners Chambers considers recent case law and other developments of particular significance to local authorities.’

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Family Law week, 17th July 2014

Source: www.familylawweek.co.uk

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Property owner liable for business rates when property fell unoccupied following liquidation of tenants, rules High Court – OUT-LAW.com

Posted July 17th, 2014 in appeals, landlord & tenant, local government, news, rates by tracey

‘A property fund group face a near £600,000 business rates bill in Birmingham after the council in the area won a High Court ruling relating to liability for business rates due following liquidation of the tenants of a property in the city.’

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OUT-LAW.com, 16th July 2014

Source: www.out-law.com

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Regina (Flatley) v Hywel Dda University Local Health Board; Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers – WLR Daily

Regina (Flatley) v Hywel Dda University Local Health Board;  Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers; [2014] EWHC 2258 (Admin); [2014] WLR (D) 311

‘The function of the minister following a referral by a community health council under regulation 27(9) of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010 was to reach a final decision on a proposal put forward by a local health board. That function was directed at the outcome, there was no requirement for the minister to review the process, including any consultation, leading to the proposal, although the minister had a discretion to consider the circumstances of the process in reaching a decision on the proposal overall.’

WLR Daily, 10th July 2014

Source: www.iclr.co.uk

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Pall Mall Investments (London) Ltd v Gloucester City Council – WLR Daily

Posted July 15th, 2014 in law reports, local government, rates by tracey

Pall Mall Investments (London) Ltd v Gloucester City Council: [2014] EWHC 2247 (Admin); [2014] WLR (D) 301

‘The owner of a non-domestic hereditament which was unoccupied in consequence of its own failure to carry out necessary maintenance and repair, was not entitled to exemption from unoccupied rates pursuant to regulation 4(c) of the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008 unless occupation was prohibited by law either expressly or by necessary implication.’

WLR Daily, 8th July 2014

Source: www.iclr.co.uk

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District council loses High Court bid to stop DCLG claw back of EU funds – Local Government Lawyer

Posted July 8th, 2014 in advertising, contracts, government departments, local government, news by tracey

‘A district council has lost a judicial review challenge over the Communities Secretary’s decision to claw back almost £160,000 in payments made from the European Regional Development Fund.’

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Local Government Lawyer, 7th July 2014

Source: www.localgovernmentlawyer.co.uk

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Care Orders and Home Placements: removal and the public funding conundrum – Family Law Week

‘Michael Jones, barrister, of 15 Winckley Square Chambers considers the lessons to be learned from Re DE (A Child) when care plans provide for placements at home with the family.’

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Family Law Week, 7th July 2014

Source: www.familylawweek.co.uk

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Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

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UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

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Temporary accommodation at a peppercorn rent – NearlyLegal

Posted July 3rd, 2014 in benefits, carers, housing, immigration, local government, news, social security by sally

‘This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application.’

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NearlyLegal, 2nd July 2014

Source: www.nearlylegal.co.uk

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High Court upholds refusal of residential consent at site designated for mixed-use scheme – OUT-LAW.com

Posted July 1st, 2014 in housing, local government, news, planning by sally

‘A High Court judge has upheld Reading Council’s decision to refuse consent for a plan to build a residential development on a site designated in local planning documents for a mixed-use scheme.’

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OUT-LAW.com, 30th June 2014

Source: www.out-law.com

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The Special Educational Needs (Personal Budgets) Regulations 2014 – Education Law Blog

‘These regulations will come into force on 1 September 2014. They basically extend the current pilot scheme for personal budgets to all local authorities and apply it to the new Education Health and Care Plans regime. I posted back in 2012 about the pilot scheme and these new regulations make very few changes to the substance of that scheme.’

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Education Law Blog, 28th June 2014

Source: www.education11kbw.com

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Homeless review officer can substitute less favourable decision: Court of Appeal – Local Government Lawyer

Posted June 30th, 2014 in appeals, homelessness, housing, local government, news by sally

‘A local authority’s review officer was entitled to substitute a less favourable decision than the original decision in relation to a homeless applicant because circumstances had changed, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th June 2014

Source: www.localgovernmentlawyer.co.uk

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High Court refuses permission for judicial review of Woolwich affordable housing reduction – OUT-LAW.com

Posted June 30th, 2014 in appeals, housing, judicial review, local government, news, planning by sally

‘A High Court judge has refused Greenwich Council’s application for judicial review of a planning inspector’s decision to allow the removal of the affordable housing requirement attached to a planning permission, according to a report in Planning Magazine.’

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OUT-LAW.com, 27th June 2014

Source: www.out-law.com

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