The power to withdraw under scrutiny in the Court of Appeal – Local Government Lawyer

‘In a judgment handed down on 10 May 2023, the Court of Appeal held that the Local Government and Social Care Ombudsman did not have a power to withdraw a report issued on completion of his investigation. Amy Tschobotko and Jason Tandy consider below the implications of the judgment for public bodies when discharging their functions, including when carrying out reviews and responding to legal challenges.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

Stephen Tierney and Alison L. Young: The House of Lords Constitution Committee Reports on the Illegal Migration Bill – UK Constitutional Law Association

‘The Constitution Committee has released its report on the Illegal Migration Bill 2022-23. The Committee raises a number of concerns, including its potential impact on the rule of law, human rights, devolution, delegated powers, and parliamentary scrutiny. We await the report of the Joint Committee on Human Rights which will most likely comment in more detail on the implications of the Bill for the United Kingdom’s international obligations.’

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UK Constitutional Law Association, 23rd May 2023

Source: ukconstitutionallaw.org

Judge rejects challenge over council’s alcohol detox policy – Local Government Lawyer

‘A High Court judge has rejected a man’s legal challenge to Surrey County Council’s alcohol detox policy after he was refused residential treatment by social services due to his lack of prior engagement with early stage treatment plans for his alcoholism.’

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Local Government Lawyer, 10th May 2023

Source: www.localgovernmentlawyer.co.uk

Suitability duties and reasonable preferences that weren’t unreasonable – Nearly Legal

‘A judicial review on three grounds:

i) Breach of section 193(2) Housing Act 1996 duty to secure suitable accommodation;

ii) The Westminster’s allocation policy was unlawful in that it denied the applicant medical need priority reasonable preference, restricting him to homeless reasonable preference; and

iii) Breach of the duty under section 166A(9)(a)(ii) Housing Act 1996 to provide the applicant sufficient information to permit the applicant to determine whether housing accommodation appropriate to his needs is likely to be available to him and, if so, how long it is likely to be before such accommodation becomes available for allocation to him.’

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Nearly Legal, 8th May 2023

Source: nearlylegal.co.uk

High Court Considers Cart JR Ouster Clause – EIN Blog

‘Oceana, R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) [2023] EWHC 791 (Admin) is a High Court judgment on a preliminary issue as to jurisdiction in a claim for judicial review; essentially a ‘Cart JR’ following the partial ouster of the High Court’s ‘Cart’ jurisdiction by the coming into force of section 2 of the Judicial Review and Courts Act 2022 on 14 July 2022.’

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EIN Blog, 9th May 2023

Source: www.ein.org.uk

High Court dismisses legal challenge over government failure to implement Care Act system for appeals against care and support decisions – Local Government Lawyer

Posted April 28th, 2023 in appeals, duty of care, judicial review, local government, news, social services by tracey

‘A High Court judge has rejected a judicial review challenge to the Secretary of State for Health and Social Care’s decision not to make regulations for appeals against local authority decisions under Part 1 of the Care Act 2014.’

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Local Government Lawyer, 27th April 2023

Source: www.localgovernmentlawyer.co.uk

Prisoner is suicide risk after more than two years in solitary, high court hears – The Guardian

‘A prisoner’s detention in solitary confinement in England for more than two years has been “wholly unnecessary” and has made him suicidal, the high court has heard.’

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The Guardian, 25th April 2023

Source: www.theguardian.com

Court of Appeal quashes council direction requiring travellers to leave site – Local Government Lawyer

Posted April 21st, 2023 in appeals, judicial review, local government, news, notification, travellers by tracey

‘Thanet District Council failed to give notice to a Pavee Traveller and her family that it had withdrawn consent for them to stay on land at Ramsgate Port in Kent, before issuing a direction demanding they leave, the Court of Appeal has ruled.’

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Local Government Lawyer, 21st April 2023

Source: www.localgovernmentlawyer.co.uk

Former Grenfell resident fails in wide-ranging challenge to rehousing decisions – Local Government Lawyer

Posted April 18th, 2023 in fire, housing, judicial review, local government, news by sally

‘A former Grenfell resident has failed in a judicial review challenge against rehousing decisions made by the Royal Borough of Kensington and Chelsea in the years following the 2017 fire.’

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Local Government Lawyer, 17th April 2023

Source: www.localgovernmentlawyer.co.uk

The “We’ve extended the conservation area” gambit – Local Government Lawyer

Posted April 17th, 2023 in judicial review, local government, news, planning by tracey

‘A High Court judge recently found that a borough council fell into a number of legal errors when extending a conservation area to include a former department store that developers were seeking to demolish. Simon Ricketts examines the case.’

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Local Government Lawyer, 14th April 2023

Source: www.localgovernmentlawyer.co.uk

Dominic Raab faces legal action after refusing inquiry into abuse of thousands of boys in detention centres – The Independent

‘Dominic Raab faces legal action over his refusal to trigger a public inquiry into the abuse of thousands of boys held in youth detention centres from the 1960s to 1980s’

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The Independent, 16th April 2023

Source: www.independent.co.uk

ULEZ expansion: Judicial review to be held over plans – BBC News

Posted April 13th, 2023 in judicial review, London, news, pollution, road traffic by sally

‘A judicial review is to be held into Sadiq Khan’s plans to expand the Ultra Low Emission Zone (ULEZ) across London.’

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BBC News, 12th April 2023

Source: www.bbc.co.uk

Cumbrian coal mine legal challenge refused – The Independent

Posted April 13th, 2023 in climate change, judicial review, news, planning by sally

‘Climate campaigners have been refused a legal challenge against the Government over its decision to grant planning permission to a new coal mine in Cumbria.’

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The Independent, 12th April 2023

Source: www.independent.co.uk

Chef wrongly branded sex offender wins long fight to stay in UK – The Guardian

‘A chef from Bangladesh who was wrongly recorded as a sex offender by the Home Office has won the right to remain in the UK after fighting since 2010.’

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The Guardian, 12th April 2023

Source: www.theguardian.com

Afghan children and their families abandoned in remote hotels following High Court ruling – Garden Court Chambers

‘Afghan families remain trapped in remote hotels following today’s High Court ruling that the Home Secretary did not act unlawfully by moving them from a London hotel to hotels in a city in the north of England. The move significantly disrupted the children’s education and adults’ employment. Following the judgment, the families remain in temporary accommodation and at risk of further moves, as the Home Office has failed to secure the settled accommodation it promised. The families have been stuck in hotels for over one and a half years since being evacuated from Afghanistan in August 2021.’

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Garden Court Chambers, 24th March 2023

Source: www.gardencourtchambers.co.uk

Anonymisation of a young adult applicant for judicial review about section 20 – Transparency Project

‘There are two matters of interest in this unusual judgment by Mr Justice Mostyn in respect of a claim for judicial review brought by a teenager against a local authority, originally published on The National Archives as TT v Essex County Council [2023] EWHC 721 (Fam) but replaced as [2023] EWHC 826 (Admin).’

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Transparency Project, 10th April 2023

Source: transparencyproject.org.uk

Suella Braverman facing legal action over broken Windrush pledges – The Independent

‘Suella Braverman is facing legal action on the eve of the Windrush scandal anniversary for refusing to implement all the recommendations from an independent review into the government’s wrongdoing.’

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The Independent, 6th April 2023

Source: www.independent.co.uk

Judge grants permission to bring claim over alleged failure to treat as former relevant child – Local Government Lawyer

Posted April 4th, 2023 in care orders, children, housing, judicial review, local government, news by sally

‘A High Court judge has granted permission for a judicial review challenge over the London Borough of Lambeth’s alleged failure to treat a vulnerable 17 year old as a “looked after” child, by providing accommodation under the Housing Act, rather than pursuant to the provisions of the Children Act.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Afghan refugees lose High Court challenge over Home Office offer of bridging accommodation in Manchester – Local Government Lawyer

‘Afghan refugees who were resettled in London have lost a High Court bid to try to prevent them being sent to Manchester by the Home Office.’

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Local Government Lawyer, 27th March 2023

Source: www.localgovernmentlawyer.co.uk

Time to respond to ‘minded to’ letters, and getting affordability right – Nearly Legal

Posted March 27th, 2023 in appeals, homelessness, housing, judicial review, local government, news by tracey

‘Our grateful thanks to Alice Irving of Doughty Street Chambers for this note of a section 204 appeal decision, which is interesting in the approach to representations in response to ‘minded to’ letters, to affordability assessments and on the timing and role of skeleton arguments in s.204 appeals.

Tapper v Royal Borough of Kingston upon Thames (unreported, 4 January 2022, County Court at Central London, HHJ Parfitt)’

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Nearly Legal, 26th March 2023

Source: nearlylegal.co.uk