The planning definition of ‘Gypsies and Travellers’ – Local Government Lawyer

‘Aileen McColgan KC examines a Court of Appeal ruling that the Government’s planning definition of “gypsies and travellers” was unlawfully discriminatory.’

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Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

Rape response overhaul delivers progress – Ministry of Justice

‘Victims are seeing significant improvements in the criminal justice system’s response to rape, a new report has revealed today.’

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Ministry of Justice, 15th December 2022

Source: www.gov.uk

Braverman acting unlawfully over asylum seeker support, high court finds – The Guardian

Posted December 19th, 2022 in asylum, benefits, government departments, immigration, news, refugees by tracey

‘The home secretary is acting unlawfully in failing to ensure the rate of support for more than 50,000 asylum seekers is adequate by not implementing an increase of almost £5 a week recommended by officials, the high court has found.’

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The Guardian, 17th December 2022

Source: www.theguardian.com

Single-use plastic items to be banned in England — reports – The Guardian

‘Single-use plastic items including cutlery, plates and polystyrene cups are reportedly to be banned in England by the UK government after a consultation.’

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The Guardian, 13th December 2022

Source: www.theguardian.com

Trafficking victim wins landmark victory in Salvation Army data case – The Guardian

‘A victim of county lines trafficking has won a landmark victory in the high court securing new protections against the Salvation Army handing over confidential information to the Home Office.’

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The Guardian, 12th December 2022

Source: www.theguardian.com

UK ministers face legal challenge over North Sea oil and gas licences – The Guardian

‘The UK government is facing a fresh challenge in the courts over plans to award up to 130 new licences for North Sea oil and gas exploration, in the latest attempt to stop ministers’ proposed expansion of the country’s fossil fuel production.’

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The Guardian, 12th December 2022

Source: www.theguardian.com

Street harassment: Wolf whistling to be banned in crackdown – BBC News

‘Sexual harassment on the street will be made a crime with jail sentences of up to two years, the government has said.’

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BBC News, 9th December 2022

Source: www.bbc.co.uk

Elizabeth A. O’Loughlin, Gabriel Tan and Cassandra Somers-Joce: The Duty of Candour in Judicial Review: The Case of the Lost Policy – UK Constitutional Law Association

Posted December 7th, 2022 in constitutional law, disclosure, government departments, judicial review, news by sally

‘Earlier this year, in a Divisional Court judgment that garnered much attention from public lawyers, the Home Office conceded that its secret and blanket policy of seizing and downloading data from the mobile phones of all those arriving by small boats was unlawful: R (HM, MA and KH) v Secretary of State for the Home Department [2022] EWHC 695 (Admin). Having initially denied the existence of the blanket policy as “based on anecdote and surmise” in pre-action correspondence, a position from which the government did not resile following the commencement of judicial review proceedings, the defendant belatedly accepted in advance of the hearing that such a policy did indeed operate between April and November 2020 (para 32). The defendant ultimately accepted that their position prior to this point was “inadvertently inconsistent with the duty of candour” and offered an “unreserved apology” (para 32).’

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UK Constitutional Law Association, 7th December 2022

Source: ukconstitutionallaw.org

BSB mulls SLAPPs guidance as Zahawi’s solicitors are referred to SRA – Legal Futures

‘The Bar Standards Board (BSB) is considering following the Solicitors Regulation Authority (SRA) in issuing guidance on strategic lawsuits against public participation (SLAPPs).’

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Legal Futures, 5th December 2022

Source: www.legalfutures.co.uk

Online safety bill returns to parliament after five-month delay – The Guardian

Posted December 5th, 2022 in bills, delay, government departments, internet, news, political parties by sally

‘The online safety bill, the government’s flagship internet regulation, returns to parliament on Monday, after a five-month delay prompted by Conservative party factional warfare threatened to kill it off.’

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The Guardian, 5th December 2022

Source: www.theguardian.com

Forty potential ministerial code breaches never investigated, report reveals – The Guardian

Posted December 2nd, 2022 in codes of practice, disciplinary procedures, government departments, news by tracey

‘Forty potential breaches of the ministerial code have never been referred for investigation by the ethics adviser, data shows.’

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The Guardian, 2nd December 2022

Source: www.theguardian.com

Research Briefing: Mobile (park) homes – House of Commons Library

Posted December 2nd, 2022 in government departments, housing, news, parliament by tracey

‘This paper provides an overview of the rights of residents who live year-round on mobile (park) home sites and proposals to improve protections for residents in England.’

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House of Commons Library , 1st December 2022

Source: commonslibrary.parliament.uk

Current ‘unreasonable delays’ in the Home Office decision making process – EIN Blog

Posted December 1st, 2022 in delay, government departments, immigration, news, visas by sally

‘Immigration practitioners today will be worryingly frustrated, alongside their clients, with the ever-increasing delays for average visa processing times made in-country or out-country by the Home Office.’

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EIN Blog, 30th November 2022

Source: www.ein.org.uk

Colin Murray: A New Period of “Indirect” Direct Rule – The Northern Ireland (Executive Formation etc) Bill – UK Constitutional Law Association

‘Only a few short months on from the passing of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 and legislation is once again before Westminster to amend the Northern Ireland Act 1998 – as everyone knew that it would be. One of the key innovations in the 2022 Act, belatedly giving effect to a proposal in the New Decade, New Approach Agreement of January 2020, was that during its 24-week post-election period Northern Ireland Executive ministers would continue to hold office and take decisions within their remit. This period prevented what Lord Bingham referred to in Robinson as a “persisting vacuum in the conduct of devolved government” (para 15). Its extended duration under the 2022 legislation was intended to provide a sufficient window after an election for a new power sharing administration to be formed, but to keep a count-down to new elections in place to focus Northern Ireland’s major parties towards that end. This arrangement, however, has proven no more effective as an impetus than the terms that it replaced.’

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UK Constitutional Law Association, 29th November 2022

Source: ukconstitutionallaw.org

New Legal Duty to Require Local Bodies to Consider How Decision-Making Impacts Members of Armed Forces Community – Local Government Lawyer

Posted November 30th, 2022 in armed forces, government departments, local government, news, statutory duty by sally

‘Councils, NHS trusts and other local bodies will be required to consider how their decision-making impacts upon members of the Armed Forces community, under a new duty introduced last week (22 November).’

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Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

Preventing Sexual Violence in Conflict Initiative strategy – Government publications

‘This strategy sets out the UK government’s approach to preventing and responding to conflict-related sexual violence.’

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Government publications, 28th November 2022

Source: www.gov.uk

Cabinet minister rejects national misogyny and racism inquiry – BBC News

‘A national inquiry into institutional misogyny and racism in the workplace has been rejected by the government. The inquiry was called for by the authors of a damning report into London Fire Brigade’s workplace culture.’

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BBC News, 27th November 2022

Source: www.bbc.co.uk

Child asylum seekers detained as adults after UK Home Office ‘alters birth dates’ – The Guardian

‘The Home Office is routinely changing the dates of birth of unaccompanied child asylum seekers to classify them as adults, according to experts who say the practice is now happening on a “horrifying scale”.’

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The Guardian, 27th November 2022

Source: www.theguardian.com

Watchdog apologises for saying MPs’ Christmas party costs are claimable – The Guardian

Posted November 25th, 2022 in expenses, government departments, news, ombudsmen, political parties by tracey

‘The MPs’ expenses watchdog has apologised for telling parliamentarians they could claim back some costs for Christmas parties.’

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The Guardian, 24th November 2022

Source: www.theguardian.com

New Judgment: Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31 – UKSC Blog

‘The Scottish Government drafted a Scottish Independence Referendum Bill which makes provision for a referendum on the question, “Should Scotland be an independent country?”. Under the Scotland Act 1998 (“the Scotland Act”), the power of the Scottish Parliament to make legislation (or its “legislative competence”) is limited. A provision of a Bill will be outside the legislative competence of the Scottish Parliament and therefore not law if it relates to the matters which have been reserved to the United Kingdom Parliament in Westminster (sections 29(1) and (2)(b)). These reserved matters include “the Union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” (Schedule 5, paragraphs 1(b) and (c)).’

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UKSC Blog, 23rd November 2022

Source: ukscblog.com