Return of mutuals in the public sector? – New Law Journal

Posted August 10th, 2018 in local government, news by sally

‘Peter C. Young & Martin Fone discuss how risk mutuals can provide a cost-effective option for local authorities.’

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New Law Journal, 9th August 2018

Source: www.newlawjournal.co.uk

Government to trial citizens juries and mass online polls in local decision-making – Local Government Lawyer

Posted August 10th, 2018 in consultations, local government, news by sally

‘The government is to trial ways for people to take a more direct role in decisions that affect their local area, with proposals for “Citizens’ Juries” or mass participation in decision-making on community issues via an online poll or app.’

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Local Government Lawyer, 9th August 2018

Source: www.localgovernmentlawyer.co.uk

Service not included – Nearly Legal

Posted August 10th, 2018 in fees, housing, licensing, local government, news by sally

‘The issue was the level of fees charged by LB Richmond on Thames for an HMO licence. LB Richmond maintained that the fee level could be set at a level designed to cover not only the costs of processing his application but also to contribute towards the costs of LB Richmond running its HMO licensing scheme more generally, including enforcement. Mr G, the landlord, maintained that the fee could only be set at a level covering the costs of processing the application.’

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Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

Equality Act and ‘reasonable to remain’ – Nearly Legal

Posted August 10th, 2018 in disabled persons, equality, homelessness, housing, local government, news by sally

‘Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate care which for the time being is provided by her former partner.” She had the tenancy of a housing association property – a two bedroomed bungalow in sheltered accommodation, which was adapted for her needs.’

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Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

Council and police ordered to pay £52k to claimant over housing of sex offender – Local Government Lawyer

Posted August 9th, 2018 in children, housing, local government, news, police, sexual offences by tracey

‘Leicester City Council and the Chief Constable of Leicestershire have been ordered by the High Court to pay in all £52,000 to a claimant JW after a level 3 sex offender was housed near to the children’s home in which he lived.’

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Local Government Lawyer, 8th August 2018

Source: www.localgovernmentlawyer.co.uk

Kamara v Southwark LBC; Leach v St Albans City & District Council; Piper v South Bucks DC – Arden Chambers

Posted August 7th, 2018 in homelessness, housing, local government, news by sally

‘The Court of Appeal has held that reg.8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999/71, does not require a local housing authority to specify in a “minded-to” letter that an applicant may make representations to the reviewer orally at a face-to-face meeting.’

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Arden Chambers, 12th July 2018

Source: www.ardenchambers.com

High Court dismisses legal challenge to local government reorganisation in Dorset – Local Government Lawyer

Posted August 7th, 2018 in boundaries, judicial review, local government, news by sally

‘A High Court judge has rejected a legal challenge brought by Christchurch Borough Council over local government reorganisation in Dorset.’

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Local Government Lawyer, 7th August 2018

Source: www.localgovernmentlawyer.co.uk

High Court judge quashes decision by council to cut SEND budget by £5m – Local Government Lawyer

Posted August 7th, 2018 in budgets, local government, news, special educational needs by sally

‘A High Court judge has quashed Bristol City Council’s decision to reduce spending on special educational needs and disabilities (SEND) by £5m.’

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Local Government Lawyer, 6th August 2018

Source: www.localgovernmentlawyer.co.uk

Allocations and Equality Act – Nearly Legal

Posted August 6th, 2018 in equality, housing, local government, news, race discrimination, refugees by sally

‘R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin)

This was another challenge to LB Hillingdon’s policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 (our note here) which found that Hillingdon’s policy unjustifiably discriminated against Travellers. But with a very different outcome.’

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Nearly Legal, 5th August 2018

Source: nearlylegal.co.uk

Council wins challenge to decision that right of way was ‘byway open to all traffic’ – Local Government Lawyer

Posted August 6th, 2018 in local government, news, rights of way by sally

‘Slough Borough Council has won a High Court challenge to an inspector’s decision that a right of way should be open as a ‘byway open to all traffic’ (BOAT).’

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Local Government Lawyer, 6th August 2018

Source: www.localgovernmentlawyer.co.uk

County council right not to treat man as asylum seeker: High Court – Local Government Lawyer

Posted August 3rd, 2018 in asylum, children, human rights, local government, news by tracey

‘Kent County Council was right not to treat a man as an asylum seeker when he had made fresh representations on his case but the government had yet to decide on these, the High Court has found.’

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Local Government Lawyer, 3rd August 2018

Source: www.localgovernmentlawyer.co.uk

Council defeats High Court challenge over development at historic railway yard – Local Government Lawyer

Posted August 2nd, 2018 in historic buildings, housing, local government, news, planning, railways by tracey

‘Historic England has failed in a challenge to Milton Keynes Council over its decision to allow a development on part of a historic railway yard.’

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Local Government Lawyer, 1st August 2018

Source: www.localgovernmentlawyer.co.uk

Council defeats challenge to prioritisation of residents with 10 years in borough – Local Government Lawyer

Posted July 30th, 2018 in housing, local government, news, race discrimination, refugees by sally

‘A London borough has successfully defended a High Court challenge to the prioritisation under its housing allocation scheme of those people who have been resident in the borough for 10 years.’

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Local Government Lawyer, 27th July 2018

Source: www.localgovernmentlawyer.co.uk

When help with wood pellet fuel means no right to buy – Nearly Legal

Posted July 26th, 2018 in housing, local government, news, right to buy, tribunals by sally

‘Paragraph 11 of Schedule 5 to Housing Act 1985 provides that a property is exempt from the Right to Buy where:

11.—

(1) The right to buy does not arise if the dwelling-house—

(a) is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by elderly persons, and

(b) was let to the tenant or a predecessor in title of his for occupation by a person who was aged 60 or more (whether the tenant or predecessor or another person).’

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Nearly Legal, 25th July 2018

Source: nearlylegal.co.uk

Local government complaints to Ombudsman rose 3.5% in 2017-18 – Local Government Lawyer

Posted July 26th, 2018 in complaints, local government, news, social services, statistics by sally

‘The Local Government and Social Care Ombudsman (LGO) received 17,452 complaints and enquiries about local government in 2017-18, compared with 16,863 in the previous year, its annual review of local government complaints – published today – has revealed.’

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Local Government Lawyer, 25th July 2018

Source: www.localgovernmentlawyer.co.uk

Council wins rare appeal to Upper Tribunal over Right to Buy exemption – Local Government Lawyer

Posted July 19th, 2018 in appeals, elderly, housing, local government, news, tribunals by tracey

‘Milton Keynes Council was won a rare appeal under the right to buy legislation in a dispute over whether the property in question was particularly suitable for occupation by elderly persons.’

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Local Government Lawyer, 19th July 2018

Source: www.localgovernmentlawyer.co.uk

Council “had lawful basis” for accommodating children under s.20 CA: Supreme Court – Local Government Lawyer

Posted July 19th, 2018 in appeals, care orders, children, local government, news, Supreme Court by tracey

‘A London borough had a lawful basis for continuing to accommodate children under s.20 of the Children Act 1989, the Supreme Court has unanimously ruled.’

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Local Government Lawyer, 18th July 2018

Source: www.localgovernmentlawyer.co.uk

Judge rules residence qualification in allocation policy of council to be unlawful – Local Government Lawyer

Posted July 17th, 2018 in housing, illegality, local government, news by tracey

‘A residence qualification set by Hillingdon Council stating that only households with at least 10 years’ continuous residence in-borough could qualify to join the three-welfare-based bands of its housing register was unlawful, a High Court judge has ruled.’

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Local Government Lawyer, 16th July 2018

Source: www.localgovernmentlawyer.co.uk

What’s another decade? – Nearly Legal

Posted July 16th, 2018 in housing, judicial review, local government, news by tracey

‘TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791. This was a judicial review of Hillingdon’s allocation scheme and in particular, the thresholds for eligibility for inclusion on the housing list set by Hillingdon.’

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Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Prosecution of Uber driver dismissed amid claims app was plying for hire – Local Government Lawyer

Posted July 13th, 2018 in internet, licensing, local government, news, taxis by tracey

‘The Chief Magistrate, Dame Emma Arbuthnot, has dismissed a prosecution of a driver using the Uber App, based on an allegation that the App was a form of plying for hire. Philip Kolvin QC of Cornerstone Barristers, who appeared for the defendant, Mudassar Ali, said the judicial decision was the first on the topic.’

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Local Government Lawyer, 11th July 2018

Source: www.localgovernmentlawyer.co.uk