Supreme Court refuses to hear claim that council should have conducted Habitat Regulations Assessment before green-lighting farm expansion – Local Government Lawyer

‘The Supreme Court has refused to hear a case that alleged Herefordshire Council failed to carry out the proper habitat regulations assessments before giving planning permission for farm buildings bordering the River Wye catchment area.’

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Local Government Lawyer, 2nd June 2023

Source: www.localgovernmentlawyer.co.uk

Ombudsman criticises council for “significant failings” under Equality Act that exacerbated poor mental health of resident – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration for Tandridge District Council after the local authority “did not abide by its duties under the Equality Act or its own safeguarding policy”, leading to the exacerbation of a resident’s poor mental health.’

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Local Government Lawyer, 1st June 2023

Source: www.localgovernmentlawyer.co.uk

Judicial review proceedings issued against NHS trust over lack of consultation on mental health services redesign – Local Government Lawyer

‘The Greater Manchester Mental Health NHS Foundation Trust is facing a judicial review challenge from a claimant who alleges the trust failed to involve or consult service users on plans to redesign its community mental health services.’

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Local Government Lawyer, 1st June 2023

Source: www.localgovernmentlawyer.co.uk

Judicial review challenge settled in “sleeping councillor” planning case – Local Government Lawyer

Posted May 31st, 2023 in judicial review, local government, news, planning, professional conduct by sally

‘Welwyn Hatfield Borough Council has settled a judicial review challenge over a decision which saw the council’s planning committee rescind a planning refusal because the applicant claimed a councillor appeared to be asleep during the meeting.’

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Local Government Lawyer, 30th May 2023

Source: www.localgovernmentlawyer.co.uk

High Court gives green light to further grounds for challenge in ULEZ expansion judicial review – Local Government Lawyer

‘The High Court has allowed further grounds in the judicial review claim lodged by a coalition of London councils in opposition to the proposed expansion of the Ultra Low Emission Zone (ULEZ).’

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Local Government Lawyer, 30th May 2023

Source: www.localgovernmentlawyer.co.uk

BSB to lobby councils over disabled access to listed chambers buildings – Legal Futures

‘The Bar Standards Board (BSB) has written to chief planning officers in central London to express concern at the difficulties chambers face in adapting historic buildings for disabled access.’

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Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

Humanism and religious instruction in schools: the landmark case of Bowen – Law & Religion UK

‘The High Court decision in R (on the Application of Bowen) v Kent County Council [2023] EWHC 1261 (Admin) makes it clear that local authorities cannot exclude humanist representatives from their Standing Advisory Councils for Religious Education (SACREs). Although many SACREs already include humanists and this interpretation has been articulated in soft law, the judgment of Constable J is unambiguous on that point and presents a significant step forward. However, the judgment also highlights how the protection of non-religious beliefs continues to be controversial and lacking in clarity. This post will explore this welcome decision while highlighting the unresolved matters concerning freedom of non-religious beliefs.’

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Law & Religion UK, 30th May 2023

Source: lawandreligionuk.com

Children public law case update: May 2023 – Local Government Lawyer

‘Jennifer Frost rounds up the latest public law children cases of interest to practitioners.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

Key issues in land disposal – Local Government Lawyer

Posted May 26th, 2023 in appeals, local government, news, planning, Supreme Court by tracey

‘When local authorities dispose of land, there are several important legal issues for them to consider. A recent case considered by the Supreme Court showed the importance of considering one such issue – the duties associated with disposing of land consisting of open space, write Paul Hilsdon and Matthew Holtam.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

The power to withdraw under scrutiny in the Court of Appeal – Local Government Lawyer

‘In a judgment handed down on 10 May 2023, the Court of Appeal held that the Local Government and Social Care Ombudsman did not have a power to withdraw a report issued on completion of his investigation. Amy Tschobotko and Jason Tandy consider below the implications of the judgment for public bodies when discharging their functions, including when carrying out reviews and responding to legal challenges.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

Opinion: Judith Ratcliffe – Journal of the Law Society Scotland

Posted May 26th, 2023 in documents, government departments, internet, local government, news, Scotland by tracey

‘In this age of drives to digital, we need, written into law, a right for every citizen in the United Kingdom to access Government and local authority services offline (on paper and over the counter)’

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Journal of the Law Society Scotland , 15th May 2023

Source: www.lawscot.org.uk

Michael Gove launches independent investigation into Teesworks freeport – The Independent

Posted May 25th, 2023 in auditors, construction industry, corruption, local government, news by tracey

‘The Government will open an investigation into accusations of wrongdoing at the UK’s largest freeport.’

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The Independent, 24th May 2023

Source: www.independent.co.uk

Court of Appeal finds Ombudsman decision to withdraw report was unlawful, but dismisses appeal by developer – Local Government Lawyer

Posted May 22nd, 2023 in appeals, fees, local government, news, ombudsmen, planning by tracey

‘The Court of Appeal has dismissed a developer’s appeal concerning whether the Local Government and Social Care Ombudsman had the power to withdraw a final report into Tewkesbury Borough Council’s refusal to waive a planning fee, re-open its investigation and then issue a second final report in favour of the council.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal overturns judgment on use of appeal planning officers – Local Government Lawyer

Posted May 22nd, 2023 in appeals, local government, London, news, planning by tracey

‘The Court of Appeal has allowed an appeal over a High Court ruling that found the Planning Inspectorate’s model of employing appeal planning officers in aiding determination of certain planning appeals was unlawful.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Received wisdom – Local Government Lawyer

Posted May 19th, 2023 in interpretation, leases, local government, London, news by tracey

‘Matt Hutchings KC, Ranjit Bhose KC and Shomik Datta report on a dispute between two public bodies about the interpretation of a commercial lease, implied terms and estoppel by convention worth over £200m.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Squaring the circle – Local Government Lawyer

Posted May 19th, 2023 in care homes, children, detention, local government, news, social services by tracey

‘What steps can a local authority take to ensure a lawful deprivation of liberty in an unregistered children’s home in England for children under 16? Hannah Taylor and Ruth Atkinson-Wilks explain.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Housing case law update – April 2023 – Local Government Lawyer

‘Emily Howe, Kelly Lloyd and Laura Waby round up the latest housing law judgments of interest to housing associations and local authorities.’

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Local Government Lawyer, 17th May 2023

Source: www.localgovernmentlawyer.co.uk

Tighter damp and mould regulations set to impact registered providers – Local Government Lawyer

‘Six months after the conclusion of the inquest into the tragic death of Awaab Ishak, Matthew Bown and Amy Cowap outline the various measures set to be implemented to ensure tighter regulation of registered providers of social housing, with a specific focus on damp and mould issues.’

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Local Government Lawyer, 17th May 2023

Source: www.localgovernmentlawyer.co.uk

Section 106 obligation to transfer land to council no longer enforceable – Local Government lawyer

Posted May 19th, 2023 in covenants, enforcement, housing, local government, news by tracey

‘A High Court judge has ruled that a s.106 obligation to transfer land to a council for a nominal sum of £1 where affordable housing had not been delivered by a specified date was no longer enforceable. Barristers at Francis Taylor Building explain why.’

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Local Government lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Bristol van dwellers to challenge council injunction – BBC News

Posted May 19th, 2023 in complaints, housing, injunctions, local government, news by tracey

‘People living in vans on a residential road are to challenge legal action taken by a council to move them on. Bristol City Council was granted an injunction order on Greenbank View, in Easton, after complaints from local residents.’

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BBC News, 18th May 2023

Source: www.bbc.co.uk