Mobile phones and deprivations of liberty – Local Government Lawyer

‘Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting a High Court judge recently. Whilst his analysis concerned the position of a 16 year old, his conclusions apply equally to adults, writes Alex Ruck Keene KC (Hon).’

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Local Government Lawyer, 31st January 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal judge admits concern at “tortuous” process following fact-finding hearing in care proceedings but dismisses appeal – Local Government Lawyer

Posted February 1st, 2023 in appeals, care orders, child cruelty, children, families, local government, news by sally

‘A Court of Appeal judge has dismissed a mother’s appeal in care proceedings, despite expressing a number of concerns “about the prolonged and tortuous process that followed the fact-finding hearing”.’

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Local Government Lawyer, 31st January 2023

Source: www.localgovernmentlawyer.co.uk

Judge lambasts education secretary over lack of secure places for children – The Guardian

‘The country’s most senior family judge has accused the education secretary of “complacency bordering on cynicism” in a scathing judgment that deplores the lack of secure, therapeutic placements in England and Wales for scores of children with complex needs at risk of taking their own lives.’

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The Guardian, 31st January 2023

Source: www.theguardian.com

Judge finds threshold met on facts before the Court despite all parties considering it was not – Local Government Lawyer

Posted January 27th, 2023 in care orders, children, families, fostering, local government, news by sally

‘A High Court judge has found the threshold was crossed for the making of a care order for a 14-year-old girl, despite all parties thinking it was not met.’

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Local Government Lawyer, 27th January 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court agrees to hear housing case over failure to provide suitable accommodation, mandatory relief and budgetary constraints – Local Government Lawyer

Posted January 27th, 2023 in appeals, housing, local government, news, statutory duty, Supreme Court by sally

‘The Supreme Court has granted the London Borough of Croydon permission to appeal in a dispute over mandatory relief in cases where councils have failed to provide suitable accommodation for a person owed the main housing duty.’

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Local Government Lawyer, 26th January 2023

Source: www.localgovernmentlawyer.co.uk

Vulnerable woman lay dead in Surrey flat for more than three years – The Guardian

‘A severely mentally ill woman whose dead body lay in her home unnoticed for more than three years was effectively “abandoned and left to die” by NHS and social services who missed repeated chances to save her, her family has alleged.’

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The Guardian, 26th January 2023

Source: www.theguardian.com

Paedophile given custody of girl he then abused and got pregnant – BBC News

‘A young girl who became pregnant after abuse by a convicted paedophile had been placed in his care despite authorities knowing his past, a report has revealed.’

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BBC News, 26th January 2023

Source: www.bbc.co.uk

Court of Protection judge gives suspended jail sentence to mother of P – Local Government Lawyer

‘The Court of Protection has sentenced a woman to 28 days in jail for contempt, but suspended the sentence for a year on condition she does not engage in any further contempts.’

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Local Government Lawyer, 26th January 2023

Source: www.localgovernmentlawyer.co.uk

Children law update – Local Government Lawyer

Posted January 20th, 2023 in appeals, children, families, family courts, local government, news by tracey

‘Michael Jones discusses a wide range of recent children law rulings from the Court of Appeal and the Family Division.’

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Local Government Lawyer, 20th January 2023

Source: www.localgovernmentlawyer.co.uk

The CIL appeal in Braithwaite – Local Government Lawyer

Posted January 20th, 2023 in appeals, housing, local government, news, notification, planning by tracey

‘Christopher Cant sets out the lessons to be learned from an important Court of Appeal ruling on the effect of a “revised liability notice” for Community Infrastructure Levy upon an earlier liability notice relating to a housing and office development for which planning permission had been granted.’

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Local Government Lawyer, 20th January 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal confirms s20 voluntary accommodation agreements can be used for settled long-term placements – Local Government Lawyer

Posted January 19th, 2023 in care orders, children, local government, news by tracey

‘The Court of appeal has allowed two appeals which concerned the interplay between care orders and the voluntary accommodation of children under section 20 of the Children Act 1989.’

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Local Government Lawyer, 18th January 2023

Source: www.localgovernmentlawyer.co.uk

London borough successfully defends judicial review claim as judge considers interaction between local authority obligations under Care Act 2014 and Housing Act 1996 – Local Government Lawyer

Posted January 17th, 2023 in community care, disabled persons, housing, judicial review, local government, news by sally

‘A High Court judge has dismissed a judicial review claim over the London Borough of Ealing’s decision to withdraw its funding of the claimant’s temporary bed and breakfast accommodation. The application concerned the interaction between the local authority’s obligations under the Care Act 2014 and its obligations under the Housing Act 1996.’

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Local Government Lawyer, 16th January 2023

Source: www.localgovernmentlawyer.co.uk

Penalties for gambling breaches – Local Government Lawyer

Posted January 16th, 2023 in appeals, gambling, local government, news, penalties, tribunals by tracey

‘Philip Kolvin KC examines a recent tribunal judgment that contains some helpful analysis for gambling operators and their advisers.’

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Local Government Lawyer, 13th January 2023

Source: www.localgovernmentlawyer.co.uk

Rights of excusal from relationships and sexuality education – Local Government Lawyer

‘Clíodhna Kelleher considers a recent High Court judgment that there was no parental right to withdraw children from relationships and sexuality education.’

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Local Government Lawyer, 13th January 2023

Source: www.localgovernmentlawyer.co.uk

New Anti-Strike Laws – Understanding the rights and duties of employers and employees in industrial action – Local Government Lawyer

Posted January 16th, 2023 in employment, industrial action, local government, news by tracey

‘It seems that with each week there is news of a new sector or profession announcing a strike. Julie Bann, Christian Grierson and Beth Edwards consider fundamental employment law principles, answer FAQs and explore the practical and legal risks of strike action impacting the public sector.’

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Local Government Lawyer, 13th January 2023

Source: www.localgovernmentlawyer.co.uk

Council to pay compensation to family after ‘unprofessional’ conduct by care provider – Local Government Lawyer

‘A Local Government and Social Care Ombudsman report has revealed that a care provider commissioned by Cambridgeshire County Council failed to alert a late woman’s family of her deteriorating health and did not contact medical help.’

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Local Government Lawyer, 10th January 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal makes “unusual order” allowing appeal over refusal to make person party to care proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over a Family Court judge’s refusal of an application by an appellant non-relative, Mr B, to become a party to care proceedings.’

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Local Government Lawyer, 10th January 2023

Source: www.localgovernmentlawyer.co.uk

Newcastle council fined £280,000 after falling tree killed six-year-old – The Guardian

‘A council has been fined £280,000 for oversights that led to a six-year-old girl being crushed to death by a falling tree in her school playground.’

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The Guardian, 10th January 2023

Source: www.theguardian.com

Business Rates and Demand Notices – Where to Serve – 33 Bedford Row

Posted January 10th, 2023 in chambers articles, local government, news, notification, rates by sally

‘Where a local authority (the “Billing Authority”) has reasonable grounds for believing that a person (individual or company) is liable for national non-domestic rates (“business rates”) in respect to a premises (a “hereditament”), the Billing Authority is likely to serve a demand notice upon that person (the “alleged ratepayer”; or “demandee”) in respect to a liability period. The service of the demand notice being the first stage in seeking payment from the ratepayer.’

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33 Bedford Row, 19th December 2022

Source: www.33bedfordrow.co.uk

Children face multiple safeguarding risks at out-of-school settings in England – The Guardian

‘A government report has identified multiple safeguarding risks at “out-of-school settings” (OOSS), which include sports clubs, tuition centres and uniformed youth groups attended by millions of children across England every week, prompting calls for better oversight of the sector.’

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The Guardian, 9th January 2023

Source: www.theguardian.com