“After care services” – when is a local authority required to provide after care services – s.3 mental health act 1983 – Zenith PI

Posted November 15th, 2017 in community care, detention, local government, mental health, news by tracey

‘Tinsley v Manchester City Council & others [2017] EWCA CIV 1704. The question in the appeal: Is a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983 (“the 1983 Act”) and has then been released from detention but still requires “after-care services” entitled to require his local authority to provide such services at any time before he had exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor.’

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Zenith PI, 13th November 2017

Source: zenithpi.wordpress.com

Judge allows naming of council involved in special guardianship case – Local Government Lawyer

Posted November 10th, 2017 in anonymity, guardianship, local government, news by tracey

‘A judge has allowed Gloucestershire County Council to be identified in a child guardianship case.’

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Local Government Lawyer, 9th November 2017

Source: www.localgovernmentlawyer.co.uk

Aspects of burial law from Brady’s funeral judgment – Law & Religion UK

‘On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch) concerning the arrangements for the disposal of the body of Ian Stewart-Brady, formerly Ian Brady (the “deceased”), one of the infamous Moors murderers. We posted some initial comments based upon the Court’s judgment and the Summary which it produced “to assist in understanding the Court’s decision”.’

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Law & Religion UK, 8th November 2017

Source: www.lawandreligionuk.com

Employee wins partial victory on harassment in pot plant case – Local Government Lawyer

‘A Westminster City Council employee has won a partial victory at an employment tribunal in a case that arose over a disputed pot plant.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk

Court refuses to quash decision to issue summons for alleged housing offences – Local Government Lawyer

Posted November 8th, 2017 in Administrative Court, documents, judicial review, local government, mistake, news by tracey

‘A minor error on a summons issued by a borough council in relation to alleged Housing Act offences did not invalidate it, the Adinistrative Court has ruled.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk

Council loses appeal over after-care services and personal injury damages – Local Government Lawyer

Posted November 3rd, 2017 in appeals, community care, local government, mental health, news by tracey

‘Manchester City Council has lost an appeal over whether a person who has been compulsorily detained in a hospital for mental disorder under the Mental Health Act 1983 and has then been released from detention but still requires “after-care services” is entitled to require his local authority to provide such services at any time before he has exhausted the sums received in damages from his personal injury claim.’

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Local Government Lawyer, 3rd November 2017

Source: localgovernmentlawyer.co.uk

Tower Hamlets rejects concerns over Muslim foster family – BBC News

Posted November 2nd, 2017 in fostering, local government, news, reports by tracey

‘The council responsible for the care of a five-year-old girl who was placed with Muslim foster family has rejected concerns about her treatment.’

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BBC News, 1st November 2017

Source: www.bbc.co.uk

How long has this been going on? – settled accommodation – Nearly Legal

‘The issue in this second appeal was what amounts to ‘settled accommodation’, sufficient to break the chain of causation of intentional homelessness.’

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Nearly Legal, 29th October 2017

Source: nearlylegal.co.uk

High Court hears judicial review challenge over £2bn development vehicle – Local Government Lawyer

‘The High Court has this week begun hearing a judicial review challenge to the London Borough of Haringey’s decision to establish the Haringey Development Vehicle (HDV), which is said to be the largest local authority development vehicle of its kind.’

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Local Government Lawyer, 26th October 2017

Source: www.localgovernmentlawyer.co.uk

Rogue landlords enjoy an easy ride as councils fail to prosecute – The Guardian

‘Councils across Britain have been accused of letting rogue landlords off the hook, after new figures revealed that most have failed to secure a single prosecution.’

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The Guardian, 28th October 2017

Source: www.theguardian.com

Public Law Podcast Seminar on Radicalisation Part 1: Civil Law and Closed Hearing – UK Human Rights Blog

The first episode from the Public Law Seminar given by members of 1 Crown Office Row is now available for podcast download here or from iTunes under Law Pod UK. Look for Episode 13: Tackling radicalisation through the civil courts.

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UK Human Rights Blog, 26th October 2017

Source: ukhumanrightsblog.com

Local authority wins tribunal case over student accommodation and council tax – Local Government Lawyer

‘The Valuation Tribunal has dismissed an appeal by a student accommodation provider over the application of council tax exemptions to student flats.’

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Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk

Tribunal refuses to force council to disclose legal advice over costs of employment case involving mayor – Local Government Lawyer

Posted October 25th, 2017 in costs, disclosure, indemnities, local government, news, privilege, tribunals by michael

‘A member of the public has failed in a bid to force Liverpool City Council to disclose the legal advice behind its decision to pay the costs incurred by elected mayor Joe Anderson in an unfair dismissal case.’

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Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk

On the spot litter fines to double to £150 as drivers face penalties for rubbish thrown from their cars – Daily Telegraph

Posted October 25th, 2017 in environmental protection, fines, litter, local government, news by michael

‘From April next year, the maximum fixed penalty councils can hand out to people dropping litter or throwing rubbish from cars will rise from £80 to £150.’

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Daily Telegraph, 24th October 2017

Source: www.telegraph.co.uk

Council wins appeal over residential care payments and revenue streams – Local Government Lawyer

Posted October 24th, 2017 in appeals, care homes, elderly, fees, local government, news by sally

‘The Court of Appeal has allowed a council’s appeal over whether it could lawfully take into account three revenue streams – private fees, top up payments and NHS payments – when making an evaluative judgement of what it would expect to pay for residential care for the elderly.’

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Local Government Lawyer, 23rd October 2017

Source: www.localgovernmentlawyer.co.uk

Supreme Court: local authority ‘vicariously liable’ for abuse of child in foster care – OUT-LAW.com

‘A local authority has been held vicariously liable for the abuse of a woman by two sets of foster parents she was placed with as a child, despite not being negligent in its selection or supervision of the foster parents.’

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OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Lucy Eastwood – “A law on the move: Are Local Authorities vicariously liable for abuse committed by foster parents against children in their care?” – UK Human Rights Blog

‘The law of vicarious liability is on the move” proclaimed Lord Phillips in the last judgment he delivered as President of the Supreme Court: Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, (“the Christian Brothers case”). In a judgment recently handed down by the Supreme Court in the case of Armes (Appellant) v Nottinghamshire County Council (Respondent) [2017] UKSC 60, His Lordship has been proved correct.’

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UK Human Rights Blog, 23rd October 2017

Source: ukhumanrightsblog.com

The future approach: Using a preventative injunction to protect green spaces? – Hardwicke Chambers

Posted October 20th, 2017 in environmental protection, injunctions, local government, news, waste by sally

‘There are few sights more unpleasant when walking in our green and pleasant land than that of human waste i.e. faeces selfishly deposited on the ground without any thought for those that wish to enjoy the beauty of our green spaces. Added to the problem of personal waste, is domestic waste1 and industrial scale fly-tipping from contractors, the general public at large and travellers involved in a commercial waste business (for example, who dump waste such as asbestos, rubble, soil, and other hazardous materials) and you have a major waste issue up and down the country. Indeed, due to the fact that most authorities now charge for the disposal of domestic and business waste, fly tipping is a major problem as people do not want to pay for it to be disposed of properly.2 This is a particular problem for local authorities in the country whose primary responsibility is to ensure the safety of its green spaces for its residents and visitors.’

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Hardwicke Chambers, 16th October 2017

Source: www.hardwicke.co.uk

Panayiotou v Waltham Forest LBC; Smith v Haringey LBC – Arden Chambers

Posted October 20th, 2017 in disabled persons, homelessness, housing, local government, mental health, news by sally

‘The Court of Appeal has held that whether a person has a priority need for accommodation by reason of vulnerability requires consideration of whether he is “significantly” more vulnerable in a way that is relevant to his ability to deal with the consequences of homelessness; the question is qualitative, not quantitative.’

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Arden Chambers, 19th October 2017

Source: www.ardenchambers.com

Foster care abuse victims urged to speak out after ruling – BBC News

Posted October 20th, 2017 in child abuse, fostering, local government, news, vicarious liability, victims by sally

‘A woman who won a “landmark” legal battle against a council after being abused by foster parents as a child has urged more victims to speak out.’

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BBC News, 19th October 2017

Source: www.bbc.co.uk