Repeat homelessness applications and local connection – Garden Court Chambers

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

Full Story

Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

Full Story

Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Supreme Court to hear appeal next week over timing of judicial review challenges to neighbourhood development orders – Local Government Lawyer

‘The Supreme Court will next week consider whether section 61N of the Town and Country Planning Act 1990, which deals with legal challenges to neighbourhood development orders, should be interpreted to mean that the appellant’s application for judicial review was made out of time.’

Full Story

Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Judge rules council breached ECHR rights of orthodox Jewish 15-year-old boy – but not his brother – over proposal for respite placement accommodation – Local Government Lawyer

‘A High Court judge has handed down a ruling in a disagreement over whether two boys should be given respite placement accommodation in a residential home in the Greater Manchester area or in an exclusively orthodox Jewish residential home in London.’

Full Story

Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

‘Failure to remove’ claims – the decision in HXA v Surrey County Council – Local Government Lawyer

‘Paul Stagg analyses an important decision this month on “failure to remove” claims and also summarises the other case law to date, before looking at pending cases and the likely way forward to the higher courts.’

Full Story

Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

High Court rejects application by mother to prevent local authority from imposing vaccinations on child in foster care – Local Government Lawyer

‘A High Court judge has rejected a mother’s application, supported by the father, to prevent a local authority from imposing a programme of vaccinations on a child in foster care without their consent.’

Full Story

Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

Rogue landlord told to pay back £739,000 over illegal London housing – The Guardian

‘A rogue landlord who operated illegal rooming houses in London has been told to pay back £739,000 in illicit earnings or face jail, in one of the biggest confiscation orders of its kind, the council that investigated the case has said.’

Full Story

The Guardian, 28th February 2021

Source: www.theguardian.com

Stuck Between a Virus and a Human Rights Breach… – Garden Court Chambers

Posted February 25th, 2021 in carers, coronavirus, fostering, human rights, local government, news by sally

‘These are strange times and the risks posed by the pandemic are constantly changing and increasing. The impact of this on individuals is significant and concerns about personal safety are high. Balancing those concerns with schooling, home schooling and contact means this will become even more difficult.’

Full Story

Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Court of Appeal upholds rejection of CAAD appeal but rules Upper Tribunal did not have power to make costs order – Local Government Lawyer

Posted February 25th, 2021 in compulsory purchase, costs, local government, news, planning, tribunals by sally

‘The Upper Tribunal did not have the power to make a costs order in a dispute over a certificate of appropriate alternative development (CAAD), the Court of Appeal has found.’

Full Story

Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

Landlord loses appeal over rent repayment order for HMO occupied by tenants housed at direction of council – Local Government Lawyer

‘Sefton Metropolitan Borough Council has secured more than £13,000 in a rent repayment order after the failure of an appeal against it.’

Full Story

Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

High Court strikes out bid by councils to rescind loans from Barclays following ‘LIBOR’ rigging affair – Local Government Lawyer

Posted February 24th, 2021 in banking, damages, fraud, loans, local government, misrepresentation, news, striking out by sally

‘A High Court judge has struck out claims brought by seven councils and the Greater Manchester Combined Authority for rescission of certain loans with Barclays which they said were affected by the LIBOR rigging affair of 2012.’

Full Story

Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

Council to pay more than £7,000 to Year 10 pupil left without a school for more than a year – Local Government Lawyer

‘Leicestershire County Council has agreed to apologise and pay a teenager £7,200 after an investigation from the Local Government and Social Care Ombudsman (LGSCO) found it left her without an academy school place for nearly 14 months.’

Full Story

Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

Fly-tipping: Licensing system failing to stop dumping, Panorama finds – BBC News

Posted February 22nd, 2021 in enforcement, government departments, licensing, local government, news, waste by tracey

‘A BBC Panorama investigation has revealed how the government’s licensing system for waste carriers fails to stop fly-tipping. All businesses that transport and dispose of waste in England have to be licensed with the Environment Agency.
But there are few checks on who gets a licence and BBC Panorama found licensed firms can still be involved in the dumping of rubbish.’

Full Story

BBC News, 22nd February 2021

Source: www.bbc.co.uk

Council misapplied its Allocation Scheme by treating a “preference” given to families with children as an automatic decision in their favour – Garden Court Chambers

Posted February 19th, 2021 in chambers articles, children, families, housing, judicial review, local government, news by sally

‘The Claimant lived with her three adult children, one of whom (Zakiya) had cerebral palsy and learning difficulties. Due to her disabilities, Zakiya needed to live in a property with various adaptations, including a level-access shower, access to stairs with bilateral handrails, and (preferably) a downstairs toilet.’

Full Story

Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

Full Story

Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

Deprivation of liberty, family members and what s4B does (and doesn’t) say – Local Government Lawyer

‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’

Full Story

Local Government Lawyer, 19th February 2021

Source: www.localgovernmentlawyer.co.uk

Breach of PSED in bringing possession proceedings cured by subsequent compliance – Garden Court Chambers

Posted February 18th, 2021 in disabled persons, equality, housing, local government, mental health, news, repossession by sally

‘Ms Taylor was the secure tenant of Slough Borough Council. She had been diagnosed with bipolar disorder in late 2011.’

Full Story

Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Repeat homelessness applications and local connection – Garden Court Chambers

Posted February 18th, 2021 in homelessness, housing, local government, news, statutory duty by sally

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

Full Story

Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

Posted February 18th, 2021 in autism, children, local government, mental health, news, social services by sally

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

Full Story

Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

Full Story

5SAH, 16th February 2021

Source: www.5sah.co.uk