Is Time Running Out For Section 20 of The Children Act? – Family Law Week

Posted April 17th, 2014 in birth, care orders, children, local government, news, social services, time limits by tracey

‘Julie Stather, barrister of 42 Bedford Row, examines the recent use of section 20 and considers its future in the light of the impending 26 week limit for care proceedings.’

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Family Law Week, 16th April 2014

Source: www.familylawweek.co.uk

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Spoiling the Broth – NearlyLegal

‘Blake and others v LB Waltham Forest [2014] EWHC 1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.’

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NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

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Local Authority Focus – Families with No Recourse to Public Funding and Part III of the Children Act – Family Law Week

Posted April 9th, 2014 in children, families, human rights, immigration, local government, news by sally

‘Sally Gore, barrister of Fourteen, considers a pressing concern of local authorities and immigrant families: the duties owed under Part III of the Children Act 1989 to individuals who have no recourse to public funding.’

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Family Law Week, 9th April 2014

Source: www.familylawweek.co.uk

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Article 8 – A chink in the landlord’s armour? A look at Southend on Sea BC v Armour – Hardwicke Chambers

Posted April 8th, 2014 in appeals, ASBOs, housing, local government, news, repossession by sally

‘Mr Armour lived with his 14 year old daughter in a flat owned by Southend under an introductory tenancy. Mr Armour was accused of anti-social behaviour, including verbally abusing neighbours and contractors, and turning on the electricity when contractors were working causing one to suffer an electric shock.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

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Haining v Warrington Borough Council – WLR Daily

Haining v Warrington Borough Council [2014] EWCA Civ 398; [2014] WLR (D) 152

‘When assessing whether the school the parents preferred to be named in their child’s statement of special educational needs would incur “unreasonable public expenditure” within section 9 of the Education Act 1996, a local authority was to have regard to all public expenditure by a public body, not only the expenditure incurred by that authority in discharging its education functions.’

WLR Daily, 2nd April 2014

Source: www.iclr.co.uk

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Not adding up – NearlyLegal

Posted April 8th, 2014 in appeals, homelessness, housing, local government, news, rent by sally

‘As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more important. Both intentional homeless decisions and suitability decisions can rest on affordability.’

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NearlyLegal, 7th April 2014

Source: www.nearlylegal.co.uk

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Termination of licence to operate soup kitchen was unlawful: High Court – Local Government Lawyer

Posted April 8th, 2014 in charities, food, licensing, local government, news by sally

‘A High Court judge has ruled that a local authority’s decision to terminate a charity’s licence to operate a ‘soup kitchen’ at one of the council’s car parks was unlawful.’

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Local Government Lawyer, 8th April 2014

Source: www.localgovernmentlawyer.co.uk

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Newham Council refunds up to £347,000 in illegal parking fines – BBC News

Posted April 8th, 2014 in fines, local government, news, parking, repayment by sally

‘An east London council is refunding up to £347,000 to drivers after parking tickets were illegally issued by a dozen cameras.’

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BBC News, 8th April 2014

Source: www.bbc.co.uk

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Closure of Hartley’s Day Centre in Shrewsbury ‘unlawful’ – BBC News

‘A council’s decision to close a day centre without proper consultation was unlawful, judges have ruled.’

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BBC News, 4th April 2014

Source: www.bbc.co.uk

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High Court reduces Ombudsman-awarded compensation due to local authority “financial pressures” – OUT-LAW.com

‘A recent High Court decision risks “emasculating” the Local Government Ombudsman (LGO), an expert has said, after the judge allowed the authority to pay only one fifth of the compensation awarded against it.’

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OUT-LAW.com, 1st April 2014

Source: www.out-law.com

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Court of Appeal upholds quashing of Arsenal tower permission – OUT-LAW.com

Posted April 2nd, 2014 in appeals, housing, local government, news, planning by sally

‘A High Court decision to quash planning permission for a 25-storey student tower near Arsenal’s football stadium in north London’s Upper Holloway has been upheld in the Court of Appeal.’

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OUT-LAW.com, 1st April 2014

Source: www.out-law.com

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TW v Enfield London Borough Council – WLR Daily

TW v Enfield London Borough Council [2014] EWCA Civ 362; [2014] WLR (D) 145

‘When an approved social worker was considering whether it was “reasonably practicable” to consult the “nearest relative” before making an application to admit a patient, pursuant to sections 3(1) and 13(1) of the Mental Health Act 1983, section 11(4) of the Act imposed on that social worker an obligation to strike a balance between the patient’s right under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms not to be detained unless it was done by a procedure that was in accordance with the law and the patient’s right to a private life under article 8.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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Jimmy Savile: Schools and children’s homes face investigation – BBC News

Posted March 27th, 2014 in care homes, education, health, local government, news by tracey

‘Claims Jimmy Savile abused children at 21 children’s homes and schools in England must be investigated by local authorities, the government has said.’

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BBC News, 27th March 2014

Source: www.bbc.co.uk

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High Court asks government to appear at South Bank village green hearing – OUT-LAW.com

Posted March 27th, 2014 in local government, news, planning by tracey

‘A High Court judge has adjourned a judicial review hearing of Lambeth Council’s decision that an application to register land at the Southbank Centre’s skateboard undercroft as a village green was not valid to ask the UK government to appear at the hearing.’

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OUT-LAW.com, 25th March 2014

Source: www.out-law.com

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Planning Practice Guidance: An Overview – No. 5 Chambers

Posted March 26th, 2014 in environmental protection, housing, local government, news, planning by sally

‘On 6 March Nick Boles announced the launch of the new Planning Practice Guidance (‘PPG’). The guidance has been in draft ‘Beta’ format since 28 August 2013. It follows a review of planning policy guidance undertaken by Lord Taylor of Goss Moor which began in October 2012. This note is intended to provide a brief overview of the guidance and some of its key features.’

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No. 5 Chambers, 10th March 2014

Source: www.no5.com

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Care Proceedings: The European Dimension – Family Law Week

‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’

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Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

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Supreme Court set to hear latest in series of village green cases – Local Government Lawyer

Posted March 26th, 2014 in appeals, commons, housing, local government, news, Supreme Court by sally

‘The latest in a series of village green cases to reach the Supreme Court will be heard next week by a five-judge panel led by Lord Neuberger.’

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Local Government Lawyer, 25th March 2014

Source: www.localgovernmentlawyer.co.uk

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P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) – Supreme Court

P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 (YouTube)

Supreme Court, 19th March 2014

Source: www.youtube.com/user/UKSupremeCourt

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Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) – WLR Daily

Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) [2014] UKSC 19; [2014] WLR (D) 140

‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

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Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily

Posted March 20th, 2014 in appeals, law reports, local government, planning by tracey

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council: [2014] EWCA Civ 228;  [2014] WLR (D)  134

‘The power given to a local planning authority by section 61G(5) of the Town and Country Planning Act 1990, as inserted) to determine whether a specified area was “an appropriate area” to be designated as a neighbourhood area necessarily conferred on the authority a broad discretion. The purpose of such designation was to define the area within which a neighbourhood forum (outside the area of a parish council) was authorised to exercise certain planning powers: the making of a neighbourhood plan and/or a neighbourhood development order, so that determining appropriateness might require regard to be had to a wide range of planning considerations.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

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