Wandsworth London Borough Council v Tompkins and another – WLR Daily

Wandsworth London Borough Council v Tompkins and another [2015] EWCA Civ 846; [2015] WLR (D) 357

‘Where a local housing authority provided accommodation under a tenancy pursuant to its duty under Part VII (Homelessness) of the Housing Act 1996, the requirement in paragraph 4 of Schedule 1 to the Housing Act 1985 which had to be satisfied in order for the tenancy to qualify as a secure tenancy (that the housing authority had to give notification that the tenancy “is to be regarded” as a secure tenancy), meant that the notification had to state that the tenancy was regarded as a secure tenancy at the date of grant and not at some unspecified date in the future.’

WLR Daily, 31st August 2015

Source: www.iclr.co.uk

Comments Off on Wandsworth London Borough Council v Tompkins and another – WLR Daily

Supreme Court overturns key Court of Appeal decision on ordinary residence – Local Government Lawyer

‘The Supreme Court has rejected a Court of Appeal ruling on who has financial responsibility for the care of an adult with physical and learning disabilities, instead ruling that the local authority initially responsible for meeting his needs as a child should be responsible for his care after the age of 18.’

Full story

Local Government Lawyer, 9th July 2015

Source: www.localgovernmentlawyer.co.uk

Comments Off on Supreme Court overturns key Court of Appeal decision on ordinary residence – Local Government Lawyer

Jails and universities obliged to prevent radicalisation as new act becomes law – The Guardian

‘Local authorities, prisons, NHS trusts, schools, universities and further education institutions will this week be placed under a new statutory duty to prevent extremist radicalisation taking place within their walls.’

Full story

The Guardian, 29th June 2015

Source: www.guardian.co.uk

Comments Off on Jails and universities obliged to prevent radicalisation as new act becomes law – The Guardian

Johnston v Westminster City Council – WLR Daily

Posted June 5th, 2015 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

Johnston v Westminster City Council: [2015] EWCA Civ 554; [2015] WLR (D) 238

‘For the purposes of section 175 of the Housing Act 1996, the fact that an applicant for homeless assistance in one local housing authority might be offered accommodation by another authority which might satisfy section 175(3) of the Act did not entitle the decision-maker to find that the applicant was not homeless.’

WLR Daily, 3rd June 2015

Source: www.iclr.co.uk

Comments Off on Johnston v Westminster City Council – WLR Daily

Judgment prompts review of thousands of housing cases – Law Society’s Gazette

Posted May 20th, 2015 in homelessness, housing, local government, news, statutory duty by sally

‘Local authority housing lawyers will potentially have to review thousands of applications for accommodation after the Supreme Court widened the scope of vulnerable applicants who are considered homeless.’

Full story

Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

Comments Off on Judgment prompts review of thousands of housing cases – Law Society’s Gazette

Confusion reigns over new social care laws – Law Society’s Gazette

Posted April 27th, 2015 in community care, local government, news, social services, statutory duty by sally

‘A statute modernising adult social care law that came into force this month could expose local authorities to greater litigation risks.’

Full story

Law Society’s Gazette, 27th April 2015

Source: www.lawgazette.co.uk

Comments Off on Confusion reigns over new social care laws – Law Society’s Gazette

Al-Saadoon and others v Secretary of State for Defence – WLR Daily

Al-Saadoon and others v Secretary of State for Defence [2015] EWHC 715 (Admin); [2015] WLR (D) 168

‘Individuals in certain test cases who had been shot by British forces in Iraq were within the United Kingdom’s jurisdiction, for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, because they had been shot in the course of security operations in which British forces were exercising public powers normally exercised by the Iraqi government and because shooting someone involved the exercise of physical power over that person.

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

Comments Off on Al-Saadoon and others v Secretary of State for Defence – WLR Daily

From ‘pillar to post’ – Nearly Legal

‘In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as “shameful” in the way in which they treated AM and his family. I haven’t come across Cobb J before but his judgment in AM v Tower Hamlets LBC and Havering LBC [2015] EWHC 1004 (Admin) is just about as good a judgment as I’ve read in a long time. The question was which authority should have “picked up” AM and his household, with children who were almost certainly in need under s.17, Children Act 1989.’

Full story

Nearly Legal, 17th April 2015

Source: www.nearlylegal.co.uk

Comments Off on From ‘pillar to post’ – Nearly Legal

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) [2015] UKSC 22; [2015] WLR (D) 165

‘A local housing authority, in carrying out its duties under the Housing Act 1996, was obliged to accommodate a homeless person in suitable accommodation within its district if it was reasonably practicable to do so. The authority was to determine the suitability of the proposed accommodation by reference to the needs of the individual homeless person and each member of her household and to its location. Where accommodation was offered outside the authority’s district, the placement was to be as close as possible to where the members of the household had previously lived. In reaching its decision, the authority was required to take account of the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601) and the guidance issued by the Secretary of State for Communities and Local Government. It was also required, by section 11(2) of the Children Act 2004, to have regard to the need to safeguard and to promote the welfare of the children concerned.’

WLR Daily, 2nd April 2015

Source: www.iclr.co.uk

Comments Off on Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily

In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163

‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Comments Off on In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

The Care Act 2014: Eligibility Criteria, Duties and Powers in Respect of Adults in Need of Care and Support – Doughty Street Chambers

‘This section deals with the eligibility criteria and the powers and duties in respect of adults in need of ‘care and support’. The new powers and duties in relation to those who provide adults with care are dealt with separately.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Comments Off on The Care Act 2014: Eligibility Criteria, Duties and Powers in Respect of Adults in Need of Care and Support – Doughty Street Chambers

The Care Act 2014: The Duty to Assess Need – Doughty Street Chambers

‘This paper considers the duties to undertake assessments of care needs in the Care
Act 2014 (“the Act”), including the primary duty under section 9, the duty to assess
carers under section 10; the transition assessment duties and the out of area
transfer duties under sections 58 and 37 respectively.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Comments Off on The Care Act 2014: The Duty to Assess Need – Doughty Street Chambers

Council defeats High Court challenge to consultation on adult care cuts – Local Government Lawyer

‘The High Court has rejected a legal challenge to Trafford Metropolitan Borough Council’s consultation on its proposal to cut its adult social care budget for 2015/16.’

Full story

Local Government Lawyer, 20th February 2015

Source: www.localgovernmentlawyer.co.uk

Comments Off on Council defeats High Court challenge to consultation on adult care cuts – Local Government Lawyer

First judicial review over 2014 Act duties to disabled children reaches court – Local Government Lawyer

‘A High Court judge will this week hear what is being billed as the first judicial review to consider local authorities’ duties to disabled children following reforms brought in under the new Children and Families Act.’

Full story

Local Government Lawyer, 29th January 2015

Source: www.localgovernmentlawyer.co.uk

Comments Off on First judicial review over 2014 Act duties to disabled children reaches court – Local Government Lawyer

A return of sanity: Allocation and reasonable preference – NearlyLegal

Posted November 7th, 2014 in appeals, housing, judicial review, local government, news, statutory duty by tracey

‘Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438. Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given.’

Full story

NearlyLegal, 6th November 2014

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

Comments Off on A return of sanity: Allocation and reasonable preference – NearlyLegal

High Court judge rejects challenge to withdrawal of wheelchair bus service – Local Government Lawyer

‘A city council has successfully defended a High Court challenge to its decision to withdraw a wheelchair bus service.’

Full story

Local Government Lawyer, 23rd October 2014

Source: www.localgovernmentlawyer.co.uk

Comments Off on High Court judge rejects challenge to withdrawal of wheelchair bus service – Local Government Lawyer

Consultation process not unfair after all, says Court of Appeal – UK Human Rights Blog

Posted October 13th, 2014 in appeals, consultations, news, statutory duty by sally

‘Deciding whether a given consultation process conducted prior to some administrative decision was or was not sufficiently unfair to warrant challenge is not an easy task. Three connected problems commonly arise:

(1) did the public body provide adequate information to enable properly informed consultation

(2) was the consultation at a formative stage of the decision-making process, so it was a real rather than sham process?

(3) did the consultation encompass sufficient alternatives?’

Full story

UK Human Rights Blog, 12th October 2014

Source: www.ukhumanrightsblog.com

Comments Off on Consultation process not unfair after all, says Court of Appeal – UK Human Rights Blog

Drivers may be able to reclaim millions in unfair parking fines – The Independent

‘Motorists could demand the refund of more than £100m in parking fines, after what experts described as an “explosive” tribunal ruling left local government traffic officials in “absolute panic”.’

Full story

The Independent, 21st September 2014

Source: www.independent.co.uk

Comments Off on Drivers may be able to reclaim millions in unfair parking fines – The Independent

Graham Gee: Do Lord Chancellors defend judicial independence? – UK Constitutional Law Association

Posted August 18th, 2014 in inquiries, judiciary, lord chancellor, news, parliament, pensions, statutory duty by tracey

‘As part of its inquiry into the office of Lord Chancellor, the Constitution Committee asks whether “new” (i.e. post-2003) Lord Chancellors have actually defended judicial independence in line with their customary and now statutory duty to do so. I was asked for examples earlier this summer when appearing before the Committee (with Andrew Le Sueur and Patrick O’Brien). I tried to identify some, but rather garbled my answer. Earlier in the year I also sketched some thoughts about Lord Chancellors in Public Law, but struggled to find clear-cut examples. One reason is that collective cabinet responsibility and the confidentiality of exchanges between Lord Chancellors and judges mean that outsiders will seldom have a full picture of what has occurred behind closed doors. This is unfortunate since my impression is that many lawyers assume—mistakenly, I think—that new Lord Chancellors are neither willing nor able to defend judicial independence. This post is hopefully third time lucky in correcting this assumption. By drawing on press reports, public statements and interviews that Robert Hazell, Kate Malleson, Patrick O’Brien and I conducted between 2011-2013, I want to piece together evidence that suggests that new Lord Chancellors can and do defend judicial independence.’

Full story

UK Constitutional Law Association, 18th August 2014

Source: www.ukconstitutionallaw.org/blog

Comments Off on Graham Gee: Do Lord Chancellors defend judicial independence? – UK Constitutional Law Association

Regina (Hamill) v Chelmsford Magistrates’ Court – WLR Daily

Posted August 13th, 2014 in judicial review, law reports, police, sexual offences, statutory duty by sally

Regina (Hamill) v Chelmsford Magistrates’ Court [2014] EWHC 2799 (Admin); [2014] WLR (D) 377

‘The statutory power to make a determination pursuant to section 91C of the Sexual Offences Act 2003, on an application under section 91B of that Act, could be delegated by the “chief officer of police” to a subordinate police officer of the rank of superintendent or higher.’

WLR Daily, 8th August 2014

Source: www.iclr.co.uk

Comments Off on Regina (Hamill) v Chelmsford Magistrates’ Court – WLR Daily