Public law children case update: contact, nationality and stays – Local Government Lawyer

‘Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.’

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Local Government Lawyer, 18th September 2020

Source: www.localgovernmentlawyer.co.uk

High Court allows appeal by claimant after council bids to withdraw admissions of liability in failure to remove case – Local Government Lawyer

‘An unnamed South Wales local authority has been stopped by the High Court from withdrawing three admissions of lability made in a lengthy dispute over the care while a child of J, who is now aged 20 and seeks damages.’

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Local Government Lawyer, 17th September 2020

Source: www.localgovernmentlawyer.co.uk

Homelessness application: Interim relief, suitability and housing benefit – Local Government Lawyer

Posted September 11th, 2020 in benefits, homelessness, housing, judicial review, local government, news by tracey

‘Clare Cullen considers a recent High Court decision to adjourn a case considering the suitability of interim accommodation where further information was required.’

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Local Government Lawyer, 11th September 2020

Source: www.localgovernmentlawyer.co.uk

The NPPF and “out-of-date” – Local Government Lawyer

Posted September 11th, 2020 in appeals, housing, interpretation, local government, news, planning by tracey

‘The Court of Appeal has handed down a judgment on the meaning of “out-of-date” in paragraph 11(d) in the National Planning Policy Framework. Matthew Fraser sets out the key points.’

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Local Government Lawyer, 11th September 2020

Source: www.localgovernmentlawyer.co.uk

How warnings about Heni and Jan’s killer were missed – BBC News

‘The bodies of Henriett Szucs and Mihrican Mustafa were discovered in the east London flat of Zahid Younis in April 2019. The BBC has investigated how the authorities cared for the women and dealt with their killer Younis – a convicted sex offender who has been sentenced to life in prison with a minimum term of 38 years.’

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BBC News, 3rd September 2020

Source: www.bbc.co.uk

Ban on evictions and notice periods extended in Government u-turn – St Ives Chambers

‘The stay imposed on possession proceedings was due to expire on Sunday 23 August 2020. However, in an 11th hour u-turn, Robert Jenrick announced on Friday afternoon that the ban on evictions would be extended for a further 4 weeks (taking the total ban to 6 months) in England and Wales. In a further, unforeseen twist, it was announced that a new 6 month notice period would be in place until at least 31 March 2021 (this applies to England only) in all matters save for “serious cases”, examples of which are anti-social behaviour and domestic abuse.’

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St Ives Chambers, 21st August 2020

Source: www.stiveschambers.co.uk

Council to pay £1,700+ after London man housed in Birmingham forced to give up job – Local Government Lawyer

Posted August 28th, 2020 in compensation, employment, housing, local government, news, ombudsmen by sally

‘Merton Council has agreed to pay more than £1,700 in compensation to a man who had to give up one of his jobs because the authority gave him accommodation in Birmingham – leaving him with a three-hour commute.’

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Local Government Lawyer, 27th August 2020

Source: www.localgovernmentlawyer.co.uk

Re D-S (Contact with Children in Care: Covid-19) – Family Law Week

‘This was a successful appeal against a decision of HHJ Lea to refuse a mother’s application for direct contact to her children (who were being cared for by the Local Authority) as the lockdown restrictions eased. Appeal allowed.’

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Family Law Week, 13th August 2020

Source: www.familylawweek.co.uk

A Conflict at the Heart of the Planning White Paper (And Some Skateboarding References)- Guildhall Chambers

‘Whilst much could be (and most of it has already been) written about the Government’s recent white paper on planning, two things struck me in particular.

First, how generous of Whitehall to offer such fertile ground to article-writing lawyers and other commentators searching for occupation during Covid-enforced idleness. There is only so much nourishment available via Zoom, and anyway, in terms of professional development, thanks to my planning bar colleagues and their prodigious supply of webinars (manifestly exceeding the need, whether assessed on a 5 year supply, standardised, or any other basis of your choice) all of us now know literally everything about the current policy and legislative regime that there is to know. Or at least, most of us do. Others have employed the unexpected gift of time more imaginatively: my two young sons and I, for example, are on the verge of perfecting the Frontside 180, which I reckon isn’t at all bad for three pre-lockdown non-skateboarders.’

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Guildhall Chambers, 25th August 2020

Source: www.guildhallchambers.co.uk

Littering unpunished by many councils in England and Wales – The Guardian

Posted August 28th, 2020 in fines, litter, local government, news, statistics by sally

‘Most councils issue less than one fine a week to litterers, according to data obtained via freedom of information rules, with one in six issuing no fines at all across a year.’

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The Guardian, 27th August 2020

Source: www.theguardian.com

Parents win fresh hearing in dispute over school named in EHC plan – Local Government Lawyer

‘The Upper Tribunal Administrative Appeals Chamber has ordered that a reconstituted panel of the First Tier Tribunal (FTT) should hear a dispute between the London Borough of Croydon and the parents of Child G over which school he should attend.’

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Local Government Lawyer, 26th August 2020

Source: www.localgovernmentlawyer.co.uk

Family Court judge allows autistic mother to type evidence in witness box during care proceedings – Local Government Lawyer

‘A Family Court judge has hailed the success of allowing an autistic mother’s oral evidence in care proceedings to be given by presenting her with written questions whilst in the witness box and for the answers to be typed in real time.’

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Local Government Lawyer, 25th August 2020

Source: www.localgovernmentlawyer.co.uk

Mother and grandparents win appeal over interim care orders – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother and the maternal grandparents against interim care orders made in respect of three children, saying the transcript of the hearing before the recorder “demonstrates once again the difficulties facing courts required to conduct hearings remotely because of the restrictions imposed as a result of the pandemic”.’

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Local Government Lawyer, 24th August 2020

Source: www.localgovernmentlawyer.co.uk

Taxi drivers group eyes legal challenge over ‘Streetspace’ policy of London mayor and TfL – Local Government Lawyer

Posted August 26th, 2020 in bicycles, coronavirus, local government, London, news, road safety, roads, taxis by sally

‘The Licensed Taxi Drivers’ Association (LDTA) plans a legal challenge to London mayor Sadiq Khan and Transport for London (TfL) over their Streetspace policy.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Suitability, affordability and benefit claims – Nearly Legal

‘A interim judicial review decision from May, but judgment just out. The issue was the suitability of temporary accommodation under section 188 Housing Act 1996 (judicial review necessary, as no s.202 review option on s.188 accommodation).’

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Nearly Legal, 23rd August 2020

Source: nearlylegal.co.uk

Eviction ban extended by four weeks – Local Government Lawyer

‘The ban on tenant evictions, which was set to expire on Monday 23rd August, has been extended for a further four weeks until 20th September.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Councils warn of “cliff edge” with 500,000 people at risk of eviction once stay on proceedings is lifted – Local Government Lawyer

Posted August 21st, 2020 in coronavirus, debts, housing, landlord & tenant, local government, news, rent, repossession by sally

‘Councils have warned that hundreds of thousands of people could be at risk of eviction when the stay on possession proceedings introduced during the COVID-19 pandemic comes to an end on 23 August.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Claimants vow to appeal after High Court dismisses challenge over “downgrading” during pandemic of rights of children with SEN – Local Government Lawyer

‘A High Court judge has dismissed a legal challenge to the Education Secretary’s decisions to reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and disabilities in England during the pandemic.’

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Local Government Lawyer, 19th August 2020

Source: www.localgovernmentlawyer.co.uk

Council warns of potential breach of statutory duty in relation to unaccompanied asylum-seeking children – Local Government Lawyer

‘The Leader of Kent County Council has warned that the local authority “cannot safely meet our statutory duty” when it comes to its capacity to care for new arrivals of unaccompanied asylum-seeking children (UASC).’

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Local Government Lawyer, 18th August 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge remits Leeds site allocations plan to inspectors for reconsideration – Local Government Lawyer

Posted August 17th, 2020 in government departments, housing, local government, news, planning by sally

‘The High Court has remitted Leeds City Council’s site allocations plan to the Secretary of State For Housing, Communities and Local Government for reconsideration by planning inspectors, despite both the minister and the council opposing this course of action.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk