Intervening but overcrowded accommodation – Nearly Legal

Posted December 3rd, 2020 in appeals, homelessness, housing, local government, news, Supreme Court by tracey

‘Bullale v City of Westminster Council [2020] EWCA Civ 1587. An important Court of Appeal judgment on when intervening accommodation is settled so as to end the effect of a previous finding of intentional homelessness, including a careful revision of Doka v Southwark London Borough Council [2017] H.L.R. 786 (our report here) in view of the Supreme Court’s statement when refusing permission to appeal.’

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Nearly Legal, 1st December 2020

Source: nearlylegal.co.uk

When must an unsuccessful litigant accept “No” for an answer? Court of Appeal hands down latest ruling in long-running planning battle – Local Government Lawyer

Posted December 3rd, 2020 in appeals, civil procedure rules, local government, news, planning by tracey

‘A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.’

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Local Government Lawyer, 3rd December 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds adoption after rare hearing of substantive application for revocation – Local Government Lawyer

Posted December 3rd, 2020 in adoption, local government, news, placement orders by tracey

‘The Court of Appeal has turned down a rare case in which heard an application by a mother for the revocation of adoption orders for her three children.’

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Local Government Lawyer, 3rd December 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal highlights need for early legal advice where adoption placements near point of breakdown – Local Government Lawyer

Posted December 1st, 2020 in adoption, appeals, fostering, local government, news, notification by sally

‘The first reported occasion on which the courts have had to consider whether prospective adopters gave notice of their wish to return the child highlights the need for early legal advice, the Court of Appeal has said.’

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Local Government Lawyer, 30th November 2020

Source: www.localgovernmentlawyer.co.uk

Council wins appeal over award of damages to woman hit by cricket ball in park – Local Government Lawyer

‘The London Borough of Wandsworth has won an appeal over an order requiring it to pay nearly £35,000 in damages and costs to a woman seriously injured by a cricket ball in Battersea park.’

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Local Government Lawyer, 27th November 2020

Source: www.localgovernmentlawyer.co.uk

When is suitable? – Nearly Legal

Posted November 25th, 2020 in appeals, housing, local government, news, statutory duty, statutory interpretation by sally

‘When assessing the suitability of a (refused) offer of accommodation made under s.193 Housing Act 1996 duty, what is the relevant date, or dates? That was the issue for the Court of Appeal in this second appeal by Bromley from a s.204 appeal which had quashed Bromley’s decision that the accommodation offered was suitable.’

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Nearly Legal, 23rd November 2020

Source: nearlylegal.co.uk

Family Law Newsletter #41 – Spire Barristers

‘Issue #41 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

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Spire Barristers, 19th November 2020

Source: spirebarristers.co.uk

District council forced to go to High Court to deal with planning permission errors – Local Government Lawyer

Posted November 23rd, 2020 in judicial review, local government, news, notification, planning by sally

‘South Cambridgeshire District Council is to commence proceedings in the High Court after discovering two planning permission errors.’

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Local Government Lawyer, 20th November 2020

Source: www.localgovernmentlawyer.co.uk

Deprivation of liberty: Unlawful placements of children – Transparency Project

‘Can an English family court order the unlawful detention of a Welsh child?’

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Transparency Project, 22nd November 2020

Source: www.transparencyproject.org.uk

A Local Authority v GP (Capacity – care, support and education) [2020] EWCOP 56 – 3PB

‘This was the first time that the Court of Protection had been asked to identify the relevant specific decisions that GP had to be able to make in relation to the aforementioned issues within the meaning of s3(1) and 15(1)(a) of the Mental Capacity Act 2005 (“the 2005 Act”) and to consider what the relevant information in respect of each of those decisions was that GP must have been able to understand, retain, use or weigh in accordance with s3(1) of the 2005 Act.’

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3PB, November 2020

Source: www.3pb.co.uk

Will guardian schemes survive the Court of Appeal’s decision in Ludgate House? – Hardwicke Chambers

Posted November 18th, 2020 in appeals, chambers articles, guardianship, local government, news, rates by sally

‘Richard Clayton QC of Kings Chambers and Exchequer Chambers, and Faisel Sadiq discuss the upcoming appeal in Ludgate House Ltd v Ricketts (VO), in which they are instructed to represent the appellant (London Borough of Southwark), and how it is likely to play a significant role in the future of property guardian schemes.’

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Hardwicke Chambers, 4th November 2020

Source: hardwicke.co.uk

Judicial review challenge to end after Government uses emergency procedure to formalise requirement for bailiffs not to enforce warrants and writs – Local Government Lawyer

‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’

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Local Government Lawyer, 17th November 2020

Source: www.localgovernmentlawyer.co.uk

Social housing landlords in England face checks on tenants’ satisfaction – The Guardian

Posted November 17th, 2020 in complaints, health & safety, landlord & tenant, local government, news, standards by sally

‘Social landlords in England will be required to report on residents’ satisfaction in an effort to rebalance power between owners and tenants in the wake of the Grenfell Tower disaster, the housing secretary has announced.’

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The Guardian, 17th November 2020

Source: www.theguardian.com

Positive action and proportionality: Supreme Court guidance in Agudas Israel Housing Association – Cloisters

‘In R (on the application of Z and another) (AP) (Appellants) v Hackney London Borough Council and another (Respondents) UKSC 2019/0162, the Supreme Court held that it was lawful for a housing association to provide social housing only to Orthodox Jews, in its first ever ruling on positive action. In this blog, Charlotte Goodman, an equality law barrister at Cloisters, considers the importance of the judgment.’

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Cloisters, 6th November 2020

Source: www.cloisters.com

Case Law Update: Lancashire County Council v G (Unavailability of Secure Accommodation) [2020] EWHC 2828 (Fam) – Parklane Plowden Chambers

‘Mr Justice MacDonald authorised the deprivation of liberty of a vulnerable 16-year-old girl, G, under the inherent jurisdiction. The court was left with no real choice but to authorise the deprivation in circumstances where the only placement that could be located was neither secure nor regulated. Mr Justice MacDonald was troubled with the situation, and questioned whether he was simply being forced by mere circumstance to make an order irrespective of welfare considerations rather than exercising the courts’ welfare jurisdiction.’

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Parklane Plowden Chambers, 6th November 2020

Source: www.parklaneplowden.co.uk

Post-Grenfell social housing reforms in England to be unveiled – The Guardian

‘Millions of tenants could be offered greater protection from wrongdoing by landlords in long-awaited social housing reforms to be announced this week, more than three years after the Grenfell Tower disaster.’

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The Guardian, 16th November 2020

Source: www.theguardian.com

Water Sellers – Nearly Legal

‘This was RB Kingston upon Thames’ appeal of the High Court’s finding that it was a “water reseller” under the Water Resale Orders 2001 and 2006, and thus not entitled to keep the additional funds it had recovered from the water rates paid by its tenants as part of the rent, though discounts and void allowances by Thames Water. This is significant because some 69 London councils and housing associations had entered the same or similar agreements with Thames Water, and would be liable to repay sums to their tenants for the relevant periods.’

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Nearly Legal, 15th November 2020

Source: nearlylegal.co.uk

Home Office ‘failed to discuss restart of asylum evictions with local authorities’ – The Guardian

‘The Home Office did not discuss the decision to restart asylum evictions with local authorities, it has been revealed, despite concerns about the immediate impact on homelessness and heightened risks of coronavirus transmission.’

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The Guardian, 14th November 2020

Source: www.theguardian.com

Court of Appeal orders fresh welfare hearing over failure of judge to sufficiently examine risk of harm to children when making placement order – Local Government Lawyer

‘The Court of Appeal has ordered a fresh welfare hearing in a case where a Family Division judge decided that three children should be placed for adoption after he found, amongst other things, a major stumbling block to be the parents’ irrational and extreme over-reaction to the involvement of professionals in their lives and those of their children, most especially social workers.’

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Local Government Lawyer, 13th November 2020

Source: www.localgovernmentlawyer.co.uk

Court quashes decision to accommodate disabled man 130 miles away from his support network – LB Waltham Forest v Saleh remains good law – Garden Court Chambers

Posted November 12th, 2020 in disabled persons, housing, local government, news by sally

‘HHJ Saunders at Central London County Court found the decision of LB Waltham Forest unlawful on a number of grounds.’

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Garden Court Chambers, 5th November 2020

Source: www.gardencourtchambers.co.uk