Council wins Court of Protection appeal over ruling on capacity of 20-year-old man – Local Government Lawyer

Posted April 18th, 2024 in Court of Protection, learning difficulties, local government, news by sally

‘The Court of Protection has allowed an unnamed local authority’s appeal against a court decision that a 20-year-old man, ZZ, has capacity to make decisions about residence, engage in sexual relations and marriage.’

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Local Government Lawyer, 18th April 2024

Source: www.localgovernmentlawyer.co.uk

Lee Marsons: Developing an Ombuds Human Rights Practice – Essex Constitutional and Administrative Justice Initiative

Posted April 17th, 2024 in complaints, human rights, local government, maladministration, news, ombudsmen by sally

‘The core function of public services ombuds is to investigate complaints from individuals about “maladministration” by public bodies which has caused injustice. But ombuds have developed several other important functions designed to improve people’s experiences of public services. For example, as seen in the Council of Europe’s 2019 Venice Principles, ombuds are developing a role ensuring that public bodies do not neglect human rights.’

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Essex Constitutional and Administrative Justice Initiative, 15th April 2024

Source: essexcaji.org

Supreme Court hears appeals over reporting restriction orders in withdrawal of treatment cases – Local Government Lawyer

‘The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders (RROs) protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Judges allow appeal over flawed reasoning in fact-finding judgment – Local Government Lawyer

‘The Court of Appeal have allowed a challenge by the parents of a young girl to a finding made in care proceedings that, when she was a small baby, she suffered an abusive head injury inflicted by one or other of the parents.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Council managing its premises is not providing a service for Equality Act 2010 purposes – Nearly Legal

‘FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin). This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs.’

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Nearly Legal, 14th April 2024

Source: nearlylegal.co.uk

Council chief executive sent unlawful email to union members, tribunal concludes – Local Government Lawyer

‘An email sent by Wiltshire Council’s chief executive to union members ahead of a vote on industrial action was unlawful as it sought to deter members from voting in favour of a strike, an Employment Tribunal has found.’

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Local Government Lawyer, 10th April 2024

Source: www.localgovernmentlawyer.co.uk

Schools in England and Wales using ‘gender toolkit’ risk being sued by parents – The Guardian

‘Leading barrister warns that the kit – used to support gender-questioning children – is likely to be in breach of equality laws and could violate pupils’ rights.’

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The Guardian, 13th April 2024

Source: www.theguardian.com

Judge urges police to “carefully consider” position and role of Family Court when determining bail conditions – Local Government Lawyer

Posted April 12th, 2024 in bail, children, families, family courts, fostering, judges, local government, news, police by sally

‘The High Court has ruled that a family court judge was in a “much better position” to determine whether unsupervised contact with a child could be appropriately managed, than were the Police.’

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Local Government Lawyer, 11th April 2024

Source: www.localgovernmentlawyer.co.uk

Council possession claim rejected after it dismissed long-term homosexual partner of tenant as friend in succession case – Local Government Lawyer

Posted April 12th, 2024 in cohabitation, costs, homosexuality, housing, local government, news, repossession by sally

‘Islington Council has been ordered to pay costs after the dismissal of possession proceedings it brought against a tenant that the council did not consider was in a homosexual relationship with the former tenant, who had passed away.’

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Local Government Lawyer, 11th April 2024

Source: www.localgovernmentlawyer.co.uk

Disabled claimant loses judicial review challenge over alleged inaction by council in addressing noise and smells – Local Government Lawyer

Posted April 11th, 2024 in judicial review, local government, news, noise by sally

‘A woman with a heightened sensitivity or hypersensitivity to noise and to smell has lost a judicial review in the High Court after Mr Justice Murray decided there was nothing more the Royal Borough of Kensington & Chelsea (RBKC) could reasonably have done to relieve the situation.’

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Local Government Lawyer, 10th April 2024

Source: www.localgovernmentlawyer.co.uk

Hull funeral home inquiry: Legal move to close Legacy stalls – BBC News

Posted April 10th, 2024 in burials and cremation, insolvency, local government, news by sally

‘A formal move to dissolve the funeral firm at the centre of a police inquiry could not proceed in court.’

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BBC News, 9th April 2024

Source: www.bbc.co.uk

Special Development Order puts end to council enforcement action against asylum seeker airbase – Local Government Lawyer

Posted April 9th, 2024 in asylum, enforcement notices, housing, local government, news, planning by tracey

‘West Lindsey District Council has withdrawn its enforcement notice at RAF Scampton in light of a Special Development Order (SDO) that has put an end to planning enforcement action relating to the site.’

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Local Government Lawyer, 8th April 2024

Source: www.localgovernmentlawyer.co.uk

High Court finds Westminster housing policy indirectly discriminatory towards women needing to move to escape violence – Local Government Lawyer

‘A claimant has won a judicial review challenge in the High Court over Westminster City Council’s decision to refuse to agree to her request for a “reciprocal transfer” into accommodation in its area.’

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Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

City council wins appeal over offer of accommodation with one bedroom to father of four – Local Government Lawyer

Posted April 9th, 2024 in appeals, families, family courts, housing, local government, news by tracey

‘The Court of Appeal has allowed an appeal by Cambridge City Council over whether it was justified in offering the claimant/respondent accommodation with one bedroom despite him wanting a home large enough for his children to stay overnight when visiting.’

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Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

Making final determinations in the Court of Protection – Local Government Lawyer

‘Clare Middleton analyses a Court of Protection judgment concerning an important decision taken at a procedural hearing.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Extended appeals in SEN cases – Local Government Lawyer

‘Leon Glenister analyses a recent judicial review on “extended” appeals in special educational needs.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Settling cases and interested parties in judicial review – Local Government Lawyer

Posted April 8th, 2024 in civil procedure rules, judicial review, local government, news by tracey

‘A recent decision of Fordham J highlights some useful practice points about settling judicial review cases, writes Charlotte Tosti.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal sets aside order that was not open to Family Court judge as matter of law – Local Government Lawyer

‘The Court of Appeal has set aside a care order made in respect of a nine-month-old baby, after concluding the judge made an order which was “not open to her in law”.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

High Court allows parental order application despite existence of US adoption order – Local Government Lawyer

‘The President of the Family Division has determined the issue of whether or not the commissioning parents of a child born through a surrogacy arrangement in the USA, who had already adopted their child in that country, were nevertheless entitled to have a parental order granted in their favour in England and Wales.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Taxi driver who showed female passenger explicit link loses licensing appeal – Local Government Lawyer

‘A taxi driver who admitted showing a female passenger a weblink to an explicit website has lost an appeal to drive an East Cambridgeshire District Council licensed taxi or private hire vehicle.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk