Disability and homelessness: bringing home human rights – Cloisters

Posted December 1st, 2016 in disabled persons, homelessness, human rights, local government, news, treaties by sally

‘Sally Robertson considers the decision of R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), 27 July 2016 in this blog.’

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Cloisters, 9th November 2016

Source: www.cloisters.com

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Witness Protection: Can non-parties appeal critical findings made in a judgment which infringe their human rights? – UK Human Rights Blog

Posted November 30th, 2016 in appeals, human rights, jurisdiction, local government, news, police, social services, witnesses by tracey

‘Re: W (A child) [2016] EWCA Civ 1140. A Family Court judgment was severely critical of two witnesses and the applicant local authority. In an oral “bullet point” judgment at the end of the hearing, the Judge found that the witnesses, a social worker (“SW”) and a police officer (“PO”), had improperly conspired to prove certain allegations regardless of the truth, or professional guidelines.’

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UK Human Rights Blog, 30th November 2016

Source: www.ukhumanrightsblog.com

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Known unknowns – Considering disability in homelessness – Nearly Legal

Posted November 29th, 2016 in appeals, autism, children, disabled persons, housing, local government, news by sally

‘In Pieretti v Enfield LBC [2010] EWCA Civ 1104 (our note) the Court of Appeal held that under (the predecessor to) the Equality Act, in the course of Housing Act 1997 Part VII inquiries, a reviewing officer was required to carry out inquiries into an applicant’s disability that the Housing Act 1996 had not previously required, i.e. where the applicant had not raised the issue but the reviewing officer was on notice that there was a possibility that the applicant’s disability would be relevant. This second appeal concerned the nature and extent of those inquiries.’

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Nearly Legal, 27th November 2016

Source: www.nearlylegal.co.uk

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Local Plans – Local Government Law

Posted November 25th, 2016 in local government, news, planning by tracey

‘East Staffordshire BC v SoS for CLG [2016] EWHC 2973 (Admin) raised an issue about the scope and effect of paragraph [14] of the National Planning Policy Framework (“NPPF”) on the presumption in favour of the grant of planning approval to sustainable developments which are consistent with Local Plans.’

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Local Government Law, 23rd November 2016

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

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Old development plans – Local Government Law

Posted November 25th, 2016 in local government, news, planning by tracey

‘Should planning policies be given reduced weight on account of their age? No, says the Court of Appeal in Gladman Developments Ltd v Daventry District Council (2016) EWCA Civ 1146.’

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Local Government Law, 24th November 2016

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

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Naming your Abusers – UK Human Rights Blog

Posted November 24th, 2016 in anonymity, human rights, local government, news, privacy, sexual offences by tracey

‘Armes v Nottinghamshire County Council [2016] EWHC 2864 (QB).The right of a claimant to name the people who abused her prevailed over the rights of the perpetrators and others to private and family life.’

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UK Human Rights Blog, 23rd November 2016

Source: www.ukhumanrightsblog.com

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Council told to pay £90,000 after boy nearly drowns during swimming lesson – Local Government Lawyer

Posted November 23rd, 2016 in costs, fines, health & safety, local government, news by tracey

‘A local authority in Wales has been ordered to pay more than £90,000 in fines and damages after a four-year-old boy nearly drowned during a swimming lesson.’

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Local Government Lawyer, 22nd November 2016

Source: www.localgovernmentlawyer.co.uk

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Mother’s £270 fly-tipping fine for putting rubbish out on wrong day outside neighbours’ homes – Daily Telegraph

Posted November 23rd, 2016 in fines, local government, news, waste by tracey

‘A woman who left her household rubbish on the opposite side of the road in an attempt to avoid waiting two weeks for it to be collected has been hit with a £270 fine for fly-tipping.’

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Daily Telegraph, 22nd November 2016

Source: www.telegraph.co.uk

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Council fined £250k after workers suffered following vibration exposure – Local Government Lawyer

Posted November 22nd, 2016 in costs, fines, health & safety, local government, news, personal injuries by sally

‘A district council has been fined £250,000 after a number of its workers were found to be suffering from ill-health relating to vibration exposure.’

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Local Government Lawyer, 21st November 2016

Source: www.localgovernmentlawyer.co.uk

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Legal Aid Agency rapped over approach to damages payable to ward of court – Local Government Lawyer

Posted November 17th, 2016 in costs, damages, legal aid, local government, news, wardship, young persons by sally

‘A High Court judge has severely criticised the Legal Aid Agency (LAA)’s actions in a case concerning a ward of court to whom a local authority had agreed to pay damages for the unauthorised release of information.’

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Local Government Lawyer, 17th November 2016

Source: www.localgovernmentlawyer.co.uk

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Judge rejects £1m+ misfeasance in public office claim as statute-barred – Local Government Lawyer

Posted November 17th, 2016 in limitations, local government, misfeasance in public office, news, noise by sally

‘Tunbridge Wells Borough Council has defeated a claim for misfeasance in public office brought in the High Court by the owners of a local joinery business.’

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Local Government Lawyer, 17th November 2016

Source: www.localgovernmentlawyer.co.uk

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Local government and land disposals – Law Society’s Gazette

Posted November 17th, 2016 in local government, news, sale of land by sally

‘The Jackson Five once informed us that love was as ‘easy as 123’, but are local authority land disposals so straightforward? The basic idea seems simple enough. Local authority land holdings should not be sold at an undervalue without ministerial consent.’

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Law Society’s Gazette, 14th November 2016

Source: www.lawgazette.co.uk

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Tribunal rejects FOI request over code of conduct complaints process – Local Government Lawyer

‘It is important that a council’s code of conduct complaints process remains confidential, the First-tier Tribunal has said in rejecting an appeal over the refusal of a freedom of information request.’

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Local Government Lawyer, 16th November 2016

Source: www.localgovernmentlawyer.co.uk

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High Court rules on s.117 after-care services and personal injury damages – Local Government Lawyer

Posted November 16th, 2016 in damages, local government, news, personal injuries, social services by sally

‘It is not open to a council to refuse to make provision for a person otherwise entitled to after-care services under s.117 of the Mental Health Act 1983 on the basis that the claimant is in receipt of damages for personal injury including for the cost of such care, a High Court judge has ruled.’

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Local Government Lawyer, 14th November 2016

Source: www.localgovernmentlawyer.co.uk

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High Court rules second homes ban in St Ives will remain – BBC News

Posted November 11th, 2016 in housing, local government, news, planning, referendums by tracey

‘The High Court has ruled a Cornish seaside town will keep its ban on new-build second homes.’

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BBC News, 10th November 2016

Source: www.bbc.co.uk

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Cardiff v Lee: Permission needed to enforce a suspended possession order – Hardwicke Chambers

‘Last week, the Court of Appeal handed down judgment in the case of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034, confirming that all landlords, whether social or private, are required to seek the permission of the County Court under CPR r83.2 in order to obtain a warrant of possession for breach of a suspended possession order.’

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Hardwicke Chambers, 26th November 2016

Source: www.hardwicke.co.uk

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Developers fail in judicial review challenge over permission for recycling facility – Local Government Lawyer

Posted November 10th, 2016 in construction industry, costs, local government, news, planning, waste by sally

‘Two developers have lost their attempt to judicially review Hertfordshire County Council’s grant of planning permission for a recycling site.’

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Local Government Lawyer, 10th November 2016

Source: www.localgovernmentlawyer.co.uk

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Warning of potential rise in legal actions as adult care funding gap bites – Local Government Lawyer

Posted November 9th, 2016 in care homes, disabled persons, elderly, local government, news, social services by sally

‘The number of cases in relation to adult care could rise with local authorities struggling to cope with a funding gap, it has been claimed.’

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Local Government Lawyer, 8th November 2016

Source: www.localgovernmentlawyer.co.uk

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Public right of way did not detract from use of land as village green, High Court rules – OUT-LAW.com

Posted November 8th, 2016 in commons, land registration, local government, news, planning, rights of way by sally

‘The High Court has upheld the registration of Humpty Hill in Oxfordshire as a town or village green (TVG), despite arguments that most of the walking that took place on the land was because it was a public right of way.’

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OUT-LAW.com, 7th November 2016

Source: www.out-law.com

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New facts, ex-marriages and homeless applications – Nearly Legal

Posted November 8th, 2016 in divorce, homelessness, local government, news by sally

‘This was judicial review of Hillingdon’s refusal to accept a homeless application from Ms A.’

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Nearly Legal, 7th November 2016

Source: www.nearlylegal.co.uk

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