Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer

Posted May 26th, 2022 in families, housing, human rights, judicial review, local government, news by sally

‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

R (Sheakh) v Lambeth London Borough Council – Equality Law Blog

‘The Court of Appeal dismissed an appeal, based on the PSED, from the order of Kerr LJ refusing the claimant’s application for statutory and judicial review of experimental traffic orders (ETOs) creating Low Traffic Neighbourhoods which had been made by the respondent.’

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Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

Independent Review of Children’s Social Care urges shift from crisis intervention, calls for ‘expert child protection practitioner’ role, regional care cooperatives and increased support for kinship carers – Local Government Lawyer

Posted May 25th, 2022 in children, families, local government, news, social services by sally

‘The current system of children’s social care is increasingly skewed to crisis intervention and a radical reset is now “unavoidable”, the final report of the Independent Review of Children’s Social Care has said.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

Make legal advice available at GP surgeries and libraries, says think tank – Legal Futures

Posted May 23rd, 2022 in civil justice, doctors, legal advice, libraries, local government, news by sally

‘Making legal advice available at GP surgeries, council offices, libraries and other convenient locations can help more people get more “timely” access to civil justice, according to a think tank report published today.’

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Legal Futures, 23rd May 2022

Source: www.legalfutures.co.uk

Overhaul of children’s social care in England urgent and unavoidable, review finds – The Guardianship

‘An urgent multibillion-pound overhaul of children’s social care in England is needed to transform the life chances of thousands of vulnerable young people and reform a system that is spiralling out of control, a government-commissioned review has concluded.’

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The Guardian, 23rd May 2022

Source: www.theguardian.com

Judge rejects legal challenge to grant of planning permission in dispute over whether committee could impose condition requiring 12 ecological corridor – Local Government Lawyer

‘A High Court judge has dismissed a judicial review challenge of BCP Council’s decision to grant full planning permission for a substantial mixed use development in Bournemouth.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

Landlord loses court battle with local authority over costs agreement reached by his counsel – Local Government Lawyer

‘A cost agreement cannot be undone simply because one party claimed to have stopped instructing the barrister concerned.’

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Local Government Lawyer, 19th May 2022

Source: www.localgovernmentlawyer.co.uk

And no extensions – Nearly Legal

‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’

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Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

Landlord ordered to pay £230k over flats that were below minimum size standards and not in compliance with planning permission – Local Government Lawyer

‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’

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Local Government Lawyer, 17th May 2022

Source: www.localgovernmentlawyer.co.uk

Woman convicted of murdering baby she wanted to adopt – The Guardian

‘A former care worker who used physical force and lost her temper with a baby boy she was in the process of adopting has been found guilty of murder.’

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The Guardian, 17th May 2022

Source: www.theguardian.com

Levelling Up and Regeneration Bill – how is the planning system changing? – Local Government Lawyer

Posted May 17th, 2022 in bills, local government, news, planning by tracey

‘Bob Pritchard picks out key elements of the explanatory notes to the Levelling Up and Regeneration Bill to see what changes are in store for the planning system.’

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Local Government Lawyer, 16th May 2022

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees building materials company hit with £400k fine for health and safety offence – Local Government Lawyer

Posted May 17th, 2022 in construction industry, fines, health & safety, local government, news by tracey

‘A prosecution brought by Thanet District Council has seen a building materials company fined £400,000 over an incident that left one employee with life-changing injuries and a second suffering from deep cuts and lacerations.’

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Local Government Lawyer, 16th May 2022

Source: www.localgovernmentlawyer.co.uk

Government to make it easier to levy penalties on companies responsible for leaving potholes – Local Government Lawyer

Posted May 16th, 2022 in local government, news, penalties, roads by tracey

‘Local authorities will be able to scrutinise poorly performing road work companies more often as part of a new performance-based inspections regime aimed at preventing poor quality road works. The new Government policy will see the worst performing utility companies face financial penalties if they fail to meet “strict” standards.’

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Local Government Lawyer, 16th May 2022

Source: www.localgovernmentlawyer.co.uk

Herefordshire Council social services separated twins despite expert warnings – BBC News

‘Twins were wrongly split up for adoption after social workers altered an expert report warning of the harm of separation.’

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BBC News, 16th May 2022

Source: www.bbc.co.uk

EV charging infrastructure – construction, projects, planning and tax issues – Practical Law: Construction Blog

‘In the third and final blog in our series looking at common queries on the roll out of EV infrastructure (see our previous blogs on progress and challenges and landlord and tenant issues) we focus on construction, planning and tax aspects.’

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Practical Law: Construction Blog, 11th May 2022

Source: constructionblog.practicallaw.com

New Acts – legislation.gov.uk

2022 c. 28 – Marriage and Civil Partnership (Minimum Age) Act 2022

2022 c. 27 – Approved Premises (Substance Testing) Act 2022

2022 c. 26 – Glue Traps (Offences) Act 2022

2022 c. 22 – Animal Welfare (Sentience) Act 2022

2022 c. 20 – Professional Qualifications Act 2022

2022 c. 17 – Local Government (Disqualification) Act 2022

2022 c. 36 – Nationality and Borders Act 2022

2022 c. 34 – British Sign Language Act 2022

2022 c. 32 – Police, Crime, Sentencing and Courts Act 2022

2022 c. 29 – Taxis and Private Hire Vehicles (Disabled Persons) Act 2022

2022 c. 24 – Cultural Objects (Protection from Seizure) Act 2022

Source: www.legislation.gov.uk

Council facing judicial review challenge over approval of plans to double size of poultry farm – Local Government Lawyer

‘A judicial review application has been made against Powys County Council over its decision to grant planning permission for the expansion of a poultry farm that is in the catchment area of a Special Area of Conservation.’

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Local Government Lawyer, 10th May 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman investigation sees council agree to repay five years of care fee top-ups after it failed to offer affordable alternative placement first – Local Government Lawyer

‘Stockport Metropolitan Borough Council has agreed to reimburse “a significant amount of money” to a woman after it did not offer her mother an affordable care home placement, before asking her to pay a top-up towards her mother’s fees.’

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Local Government Lawyer, 6th May 2022

Source: www.localgovernmentlawyer.co.uk

Off into the Somerset – Local Government Lawyer

‘The President of the Family Division has issued new guidance on remedying breaches of the Adoption Agency Regulations 2005. Jess Purchase sets out the key points.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer

‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’

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Local Government Lawyer, 5th May 2022

Source: www.localgovernmentlawyer.co.uk