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

Plymouth trees: Call for independent inquiry into felling – BBC News

‘Plymouth City Council is facing calls for an independent inquiry into the decisions behind the night-time felling of 110 trees in the city centre.’

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BBC News, 16th March 2023

Source: www.bbc.co.uk

Asylum seekers win permission to challenge UK’s Rwanda policy – The Guardian

‘A court of appeal judge has ruled that a group of asylum seekers can bring a legal challenge against the Home Office for what they claim has been a failure to consider the dangers and risks of deporting them to Rwanda.’

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The Guardian, 14th March 2023

Source: www.theguardian.com

Council judicial review application over asylum seeker hotels refused – Local Government Lawyer

‘The High Court has refused a judicial review application from Torbay Council that argued the placement of asylum seekers in local hotels would have a significant impact on Children’s Services.’

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Local Government Lawyer, 9th March 2023

Source: www.localgovernmentlawyer.co.uk

High Court ruling expected to widen scope of legal aid for parents – Law Society’s Gazette

‘The High Court’s decision in a challenge brought by a domestic abuse complainant against the Ministry of Justice will widen the scope of legal aid for parents who share caring arrangements, a public law campaign group has said.’

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Law Society's Gazette, 9th March 2023

Source: www.lawgazette.co.uk

UK mother unlawfully denied legal aid in case against abusive ex, court rules – The Guardian

‘A decision to deny a single mother legal aid to enforce a child custody agreement against her abusive ex-partner was unlawful, the high court has ruled.’

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The Guardian, 9th March 2023

Source: www.theguardian.com

Domestic abuse survivor takes UK justice ministry to court over legal aid – The Guardian

‘A single mother and domestic abuse survivor is taking the Ministry of Justice to court this week after being refused legal aid because she was deemed to have no dependents, even though she had applied for the funding to enforce a child custody arrangement.’

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The Guardian, 6th March 2023

Source: www.theguardian.com

Judicial review applications in 2022 down more than a quarter on pre-Covid baseline of 2019: Ministry of Justice – Local Government Lawyer

Posted March 7th, 2023 in coronavirus, judicial review, Ministry of Justice, news, statistics by sally

‘There were 2,400 judicial review applications received in 2022, up 5% on 2021 (2,300) but down 28% on 2019 (from 3,400) as a pre-Covid19 baseline, the Ministry of Justice has revealed.’

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Local Government Lawyer, 3rd March 2023

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (On the application of Day) v Shropshire Council [2023] UKSC 8 – UKSC Blog

‘Land which is subject to a statutory trust in favour of the public is held by a local authority for the purpose of the public’s enjoyment. In order for local authorities to dispose of this type of land they must comply with statutory consultation requirements. The issue raised by this appeal is what happens to the public’s rights to use this type of land when the local authority disposes of the land but fails to comply with the statutory requirements.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Plans for gas drilling in Surrey Hills to face judicial review – The Guardian

Posted March 3rd, 2023 in energy, government departments, inquiries, judicial review, miners, news, planning by sally

‘Plans to drill for gas in the Surrey Hills will be put under judicial review and could be stopped, after local campaigners took the government to the high court.’

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The Guardian, 2nd March 2023

Source: www.theguardian.com