Out of borough accommodation and the homelessness relief duty – raising issues on review – Nearly Legal

Posted February 26th, 2024 in appeals, homelessness, housing, local government, news by tracey

‘Moge v London Borough of Ealing (2023) EWCA Civ 464. A second appeal to the Court of Appeal from a s.204 appeal. Ms Moge was owed the section 189B Housing Act 1996 relief duty as homeless by LB Ealing. Ealing made an offer of a 24 month private tenancy in Hounslow, a neighbouring borough, in discharge of that duty. Ms M did not accept that offer within 7 days. Ealing then decided that she had refused the offer, that its relief duty was ended and, further, it did not owe the full housing duty under section 193.’

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Nearly Legal, 25th February 2024

Source: nearlylegal.co.uk

UK housebuilders investigated over possible information-sharing – The Guardian

Posted February 26th, 2024 in competition, housing, local government, news, ombudsmen, planning by tracey

‘The UK competition watchdog has opened an investigation into eight housebuilders after evidence they may be sharing commercially sensitive information.’

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The Guardian, 26th February 2024

Source: www.theguardian.com

Exchange of Land – Local Government Lawyer

Posted February 23rd, 2024 in commons, judicial review, local government, news, planning by michael

‘Edward Cousins discusses the enactment of the Commons Act 2006, the introduction of comprehensive systems for the exchange of common land, and recent caselaw.’

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Local Government Lawyer, 23rd February 2024

Source: www.localgovernmentlawyer.co.uk

Court of Protection case law update: February 2024 – Local Government Lawyer

Posted February 23rd, 2024 in Court of Protection, local government, news by michael

‘Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.’

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Local Government Lawyer, 22nd February 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear appeal by Welsh council next week in Japanese knotweed case – Local Government Lawyer

Posted February 21st, 2024 in appeals, damages, housing, local government, news, nuisance, Supreme Court, Wales by sally

‘The Supreme Court will next week hear a council’s appeal of a Court of Appeal judgment which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

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Local Government Lawyer, 20th February 2024

Source: www.localgovernmentlawyer.co.uk

When does a caravan remain a “caravan”? – Local Government Lawyer

Posted February 19th, 2024 in enforcement notices, local government, news, planning by tracey

‘An inspector recently upheld an enforcement notice for a Lake District caravan. Stephanie Bruce-Smith explains why.’

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Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

Use of intermediaries in the Family Court – Local Government Lawyer

‘Louise Thomson analyses a judgment containing valuable guidance on the use of intermediaries in the Family Court.’

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Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

Remediation Orders: What you need to know – Local Government Lawyer

Posted February 19th, 2024 in building law, housing, landlord & tenant, local government, news, repairs by tracey

‘Joe Walker and Helen Arthur explain what a remediation order is and look at two recent cases to see how the First-Tier Tribunal has interpreted the framework for these.’

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Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

ASB and disqualification from the housing register – Nearly Legal

‘Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin). A judicial review of Eastbourne’s allocation policy and of Eastbourne’s decision to exclude Ms Willott from joining the housing register on grounds of “serious anti social behaviour.”’

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Nearly Legal, 18th February 2024

Source: nearlylegal.co.uk

Police and Crime Commissioner applies for judicial review over “hostile takeover” transfer of powers to Mayor – Local Government Lawyer

Posted February 16th, 2024 in government departments, judicial review, local government, news, police by sally

‘The West Midlands Police and Crime Commissioner (PCC), Simon Foster, has launched a judicial review challenge against the Home Secretary over the decision to transfer the PCC’s powers to the West Midlands Mayor.’

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Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Good Law Project issues letter before action against Secretary of State over “arbitrary” new Voter ID rules – Local Government Lawyer

‘Campaign organisation Good Law Project has sent a letter before action to the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, regarding his response to a report by the Electoral Commission on the impact of the voter ID requirements.’

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Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Man who mixed own sperm with dad’s will not have to take paternity test – The Guardian

Posted February 16th, 2024 in birth, children, DNA, families, local government, news, paternity by sally

‘A man who mixed his sperm with his father’s to help get his partner pregnant will not be forced to take a paternity test, the high court has ruled.’

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The Guardian, 15th February 2024

Source: www.theguardian.com

High Court rejects judicial review over adequacy of accommodation, policy on permitting animals – Local Government Lawyer

Posted February 15th, 2024 in animals, homelessness, housing, judicial review, local government, news by sally

‘A vulnerable man and woman who needed to be housed with their dog have lost a case in the High Court, with a deputy judge telling them judicial review had been an inappropriate route for much of the case.’

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Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Triangulation and flexibility: taking capacity seriously in changing circumstances – Mental Capacity Law and Policy

‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’

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Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Victims of Modern Slavery Overlooked Due To Lack of Training, Report Finds – Each Other

Posted February 14th, 2024 in children, employment, forced labour, government departments, local government, news by sally

‘A new report by The Rights Lab and ECPAT, a leading children’s rights organisation, has highlighted the ways in which the UK government and local authorities could become more effective at handling child protection in relation to modern slavery.’

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Each Other, 14th February 2024

Source: eachother.org.uk

Case Comment – Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 14th, 2024 in appeals, injunctions, local government, news, Supreme Court, travellers by sally

‘In this post, Emma Pinkerton, a Partner in the Real Estate Disputes team at CMS, comments on the Supreme Court’s decision in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47, which was handed down on 29 November 2023.’

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UKSC Blog, 12th February 2024

Source: ukscblog.com

City council facing second judicial review challenge over tree felling – Local Government Lawyer

Posted February 13th, 2024 in consultations, judicial review, local government, news, planning, trees by tracey

‘A fresh judicial review threat has been made over Plymouth City Council’s controversial redevelopment plans, which saw the local authority fell more than a hundred trees on a city street.’

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Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

Council told to pay £15k after failings led to child missing education for two years – Local Government Lawyer

Posted February 13th, 2024 in compensation, families, local government, news, ombudsmen, special educational needs by tracey

‘The Local Government and Social Care Ombudsman has called on North Northamptonshire Council to pay nearly £15,000 after the local authority’s failings led to a child missing out on education for two years.’

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Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

Intentional homelessness from a half way house – Nearly Legal

Posted February 12th, 2024 in appeals, drug abuse, homelessness, housing, local government, news by tracey

‘Kyle v Coventry City Council (2023) EWCA Civ 1360. Mr K was homeless and addicted to class A drugs. During the relevant period for this second appeal, he was on a methadone treatment prescription. He had applied to Coventry as homeless. He had been given s.188 Housing Act 1996 accommodation in hostel supported accommodation (a “halfway house”).’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

A lack of candour over a lack of discretion – Nearly Legal

Posted February 12th, 2024 in homelessness, housing, judicial review, local government, news, pre-action conduct by tracey

‘Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin). A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the date of her homeless application. Lambeth denied that it had any discretion to do so under its allocation policy.’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk