Grenfell Tower fire: tenants’ rights and the gaps in the law – Legal Voice

‘The Grenfell Action Group and residents raised repeated concerns about the apparent neglect of health and safety legislation. Whilst there are several potential causes of action, the reality for tenants is that they would have struggled to bring a claim for a number of reasons.’

Full Story

Legal Voice, 23rd June 2017

Source: www.legalvoice.org.uk

Minister acted unlawfully in issuing boycotts ban for LGPS investment, judge rules – Local Government Lawyer

‘The Communities Secretary acted for an unauthorised purpose and therefore unlawfully when he issued statutory guidance on the investment strategy for the local government pension scheme (LGPS) that sought to prevent boycotts, divestment and sanctions against foreign nations and UK defence industries.’

Full Story

Local Government Lawyer, 23rd June 2017

Source: www.localgovernmentlawyer.co.uk

No bans on local authority disinvestment decisions – UK Human Rights Blog

‘Many people like to have a say over the investment policies of their pension funds. They may not want investment in fossil fuels, companies with questionable working practices, arms manufacturers, Israel or indeed any company which supports Israel’s occupation of the West Bank and Gaza Strip – to choose but a few of people’s current choices. And pension funds, left to their own devices, may wish to adopt one or more of these choices to reflect their pensioners’ views.’

Full Story

UK Human Rights Blog, 25th June 2017

Source: ukhumanrightsblog.com

Legal aid cuts have left residents no way to challenge sub-standard housing – The Guardian

‘The Grenfell Tower action group had no access to legal aid. Residents at risk in their homes want straightforward, enforceable legal remedies to keep them safe.’

Full Story

The Guardian, 26th June 2017

Source: www.theguardian.com

Continuing Duty under s.17 Children Act 1989 – Community Care Blog

Posted June 23rd, 2017 in children, housing, judicial review, local government, London, news, statutory duty by tracey

“The Administrative court has confirmed that the duty on local authorities under s.17 of the Children Act 1989 is an ongoing one and held that Lewisham London Borough Council had acted irrationally in concluding in a follow-up assessment that a mother had the means to provide her children with accommodation and that the children were not in need within the meaning of s.17.”

Full Story

Community Care Blog, 22nd June 2017

Source: communitycare11kbw.com

Government acted unlawfully by restricting ‘ethical’ boycotts of Israel, High Court rules – The Independent

‘The Government acted unlawfully by seeking to restrict “ethical” boycotts of Israel, the High Court has ruled. After accepting a judicial review, the judge said Sajid Javid, the Secretary of State for Communities and Local Government, acted unlawfully in issuing guidance to restrict local councils from pursuing boycott, divestment and sanctions (BDS) against Israel through their pension schemes.’

Full Story

The Independent, 22nd June 2017

Source: www.independent.co.uk

Council agrees £13m payout to family of boy injured at swimming pool – Local Government Lawyer

Posted June 22nd, 2017 in compensation, local government, negligence, news, personal injuries by tracey

‘Northampton Borough Council is to pay £13m to the family of a boy who was left with brain injuries after nearly drowning in a council swimming pool in 2002.’

Full Story

Local Government Lawyer, 21st June 2017

Source: localgovernmentlawyer.co.uk

Refugee campaigners launch legal challenge over Home Office ‘failure’ to implement Dubs scheme – The Independent

‘Campaigners have launched a High Court challenge against the Government over the number of unaccompanied child refugees accepted into the UK under the Dubs scheme.’

Full Story

The Independent, 20th June 2017

Source: www.independent.co.uk

Council appeals £150k fine imposed over publication of sensitive data – Local Government Lawyer

‘Basildon Council has confirmed it is to appeal the imposition by the Information Commissioner of a £150,000 monetary penalty for publishing sensitive personal information about a family in planning application documents that were made publicly available online.’

Full Story

Local Government Lawyer, 20th June 2017

Source: www.localgovernmentlawyer.co.uk

LGA issues guidance on introducing Public Space Protection Orders – Local Government Lawyer

Posted June 20th, 2017 in ASBOs, local government, news by sally

‘The Local Government Association has issued guidance on the issues local areas should consider where they are contemplating introducing a Public Space Protection Order (PSPO).’

Full Story

Local Government Lawyer, 19th June 2017

Source: www.localgovernmentlawyer.co.uk

Landlords ordered to pay £3k in costs after unreasonable behaviour in appeal – Local Government Lawyer

Posted June 20th, 2017 in appeals, costs, landlord & tenant, local government, news, tribunals by sally

‘The London Borough of Islington has secured a £3,000-plus costs order in its favour after a judge found that landlords had “behaved unreasonably in bringing an appeal which they never intended to pursue properly and never did pursue properly”.’

Full Story

Local Government Lawyer, 19th June 2017

Source: www.localgovernmentlawyer.co.uk

Legitimate expectation as a ground for judicial review – OUT-LAW.com

Posted June 19th, 2017 in civil justice, equality, judicial review, local government, news by sally

‘A number of recent judicial decisions – particularly a recent ruling by the UK’s top judges in the United Policyholders case – have gone some way towards clarifying what counts as a breach of ‘legitimate expectation’ by a public body.’

Full Story

OUT-LAW.com, 16th June 2017

Source: www.out-law.com

Greggs and government department withdraw appeals in ‘Primary Authority’ case – Local Government Lawyer

Posted June 19th, 2017 in appeals, local government, news, partnerships by sally

‘Bakery group Greggs and the Department for Business, Energy and Industrial Strategy have withdrawn their appeals over a High Court ruling that incorrect advice had been given under the ‘Primary Authority’ scheme.’

Full Story

Local Government Lawyer, 16th June 2017

Source: www.localgovernmentlawyer.co.uk

The Children and Social Work Act 2017 – Community Care Blog

Posted June 16th, 2017 in children, local government, news, social services by tracey

‘After significant controversy and substantial amendments, the Children and Social Work Act 2017 received royal assent on 27 April. While the majority of the legislation is not yet in force, the changes contained in the Act will have important implications for the regulation of social work in England, safeguarding of children, and investigations into the death of children. In addition, the Act clarifies and amends the obligations of local authorities as corporate parents.’

Full Story

Community Care Blog, 14th June 2017

Source: communitycare11kbw.com

Councils win 3-year extension to district-wide ban on unauthorised encampments – Local Government Lawyer

Posted June 16th, 2017 in gipsies, injunctions, local government, news by tracey

‘Harlow Borough Council and Essex County Council have secured a three-year extension to an injunction which bans Travellers from setting up unauthorised encampments across Harlow.’

Full Story

Local Government Lawyer, 15th June 2017

Source: localgovernmentlawyer.co.uk

Data protection fine shows security risks from using open source software cannot be ignored, says expert – OUT-LAW.com

Posted June 15th, 2017 in computer programs, data protection, fines, local government, news by sally

‘A six-figure fine issued to a local authority in England for a breach of UK data protection laws should serve as a reminder to all organisations of their need to manage the security risks inherent in using ‘open source’ software, an expert has said.’

Full Story

OUT-LAW.com, 15th June 2017

Source: www.out-law.com

Ombudsman criticises council for “systemic fault” in care home charging policy – Local Government Lawyer

Posted June 15th, 2017 in care homes, complaints, local government, news, social services by sally

‘The Local Government and Social Care Ombudsman has criticised a council for a “systemic fault” in its charging policy for care homes that could have affected a number of people in its area.’

Full Story

Local Government Lawyer, 14th June 2017

Source: www.localgovernmentlawyer.co.uk

Council hit with £100k fine after cyber attack during IT outsourcing – Local Government Lawyer

‘A city council has been hit with a £100,000 monetary penalty after leaving employees’ personal information vulnerable to a cyber attacker who exploited a flaw in the authority’s website.’

Full Story

Local Government Lawyer, 12th June 2017

Source: www.localgovernmentlawyer.co.uk

Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC) – Tanfield Chambers

‘The Upper Tribunal reversed decisions from the First Tier Tribunal in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.’

Full Story

Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

Oliver v Sheffield City Council [2017] EWCA Civ. 225 – Tanfield Chambers

‘A local authority was required to give credit to leaseholders for funds received from third-parties when recovering a contribution to the cost of major works.’

Full Story

Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk