Ombudsman reminds councils of duty to provide alternative education – Local Government Lawyer

Posted December 12th, 2018 in local government, news, ombudsmen, school exclusions by sally

‘The Local Government and Social Care Ombudsman has issued a reminder to council school attendance teams that their duty to provide alternative education may arise for reasons other than exclusion and illness.’

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Local Government Lawyer, 12th December 2018

Source: www.localgovernmentlawyer.co.uk

London boroughs win out-of-borough housing claim at CoA – Local Government Lawyer

Posted December 12th, 2018 in homelessness, housing, local government, news by sally

‘Two London boroughs have won in the Court of Appeal over challenges to their policies on out-of-borough accommodation placements for homeless people.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Faraday Development Ltd v West Berkshire Council: Court of Appeal gives important guidance on development agreements and options, and declares contract ineffective – 11 KBW

Posted December 11th, 2018 in appeals, competition, drafting, local government, news, public procurement by sally

‘The Court of Appeal has given judgment in Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 . The main judgment was given by Lindblom LJ. The claimant’s appeal against the first instance judgment of Holgate J was allowed, and the Court made the first declaration of ineffectiveness seen in an English public procurement case since the remedy was introduced in 2009 (there has previously been one such declaration in Scotland).’

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11 KBW, 15th November 2018

Source: www.11kbw.com

High Court rejects challenge by motorcyclists over ban on use of three ‘green lanes’ – Local Government Lawyer

Posted December 11th, 2018 in local government, motorcycles, news, roads by sally

‘Hampshire County Council has successfully defended a legal challenge brought by trail riders over its decision to prohibit the use of three linked ‘green lanes’ by motor vehicles and motor cyles.’

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Local Government Lawyer, 10th December 2018

Source: www.localgovernmentlawyer.co.uk

New Judgment: London Borough of Southwark & Anor v Transport for London [2018] UKSC 63 – UKSC Blog

Posted December 11th, 2018 in appeals, local government, London, news, roads, Supreme Court by sally

‘This appeal considered whether the effect of a Transfer Order, which transferred to Transport for London certain roads in London, was only to transfer the surface of the highway and sufficient sub-soil (normally called the two top spits) as is necessary for the maintenance of the surface, or whether it was to transfer to TfL the entire interest held by the council in the land on which the highway ran.’

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UKSC Blog, 5th December 2018

Source: ukscblog.com

Court applies state aid rules in lease dispute – 11 KBW

Posted December 11th, 2018 in appeals, leases, local government, news, sport, state aids by sally

‘James Goudie QC explains how the Court of Appeal reached its conclusion, in a dispute over a lease extension, that the extension granted to the owners of a football club by a local authority was not state aid.’

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11 KBW, 13th November 2018

Source: www.11kbw.com

Parish fails in High Court challenge to permissions for 229 homes – Local Government Lawyer

Posted December 11th, 2018 in housing, local government, news, notification, planning by sally

‘East Bergholt Parish Council has failed in a High Court challenge to decisions by Babergh District Council to grant planning permissions for 229 new homes in the Suffolk village.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

City to contest cases where asylum seeker assessed as adult threatens legal action – Local Government Lawyer

Posted December 11th, 2018 in asylum, budgets, children, immigration, judicial review, local government, news by sally

‘Liverpool City Council is to contest the next cases in which apparently adult asylum seekers claim to be children, in the face of a potential £1.5m cost for looking after them.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Family Court judge raps council for “woeful” care of two young women – Local Government Lawyer

‘A Family Court judge has condemned a council’s care for two young women as “woeful” and said he was “appalled” by failures of social workers and managers.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Families threaten county with legal action over cuts to services for disabled children – Local Government Lawyer

Posted December 10th, 2018 in budgets, children, disabled persons, education, local government, news by sally

‘Lawyers acting for families with disabled children have threatened Somerset County Council with a legal challenge over proposed cuts to services that would save £2m over the next two years.’

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Local Government Lawyer, 10th December 2018

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees property owner fined £18k over Japanese knotweed – Local Government Lawyer

Posted December 10th, 2018 in fines, local government, news, nuisance, prosecutions, trees by sally

‘A Bristol property owner has been fined £18,000 for allowing the spread of Japanese knotweed, after what is thought to be one of the first prosecutions nationally using the Anti-Social Behaviour, Crime and Policing Act 2014 to tackle the issue.’

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Local Government Lawyer, 7th December 2018

Source: www.localgovernmentlawyer.co.uk

Exposing rogue landlords: ‘The deck feels stacked against tenants’ – The Guardian

‘Simon Goodley explains how the Guardian uncovered the secret world of convicted landlords who continue to operate – and exploit – with impunity.’

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The Guardian, 8th December 2018

Source: www.theguardian.com

Councils lose Supreme Court battle with TfL over vesting of highway – Local Government Lawyer

Posted December 6th, 2018 in local government, London, news, roads, Supreme Court, transport by sally

‘Southwark Council and the City of London Corporation have lost a Supreme Court case with Transport for London over the vesting of highways.’

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Local Government Lawyer, 5th December 2018

Source: www.localgovernmentlawyer.co.uk

Resident crowd funds legal challenge to voter identification pilots – Local Government Lawyer

‘An Essex resident has set up a crowdfunding page to raise money for a legal challenge to the next round of voter identification pilots.’

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Local Government Lawyer, 4th December 2018

Source: www.localgovernmentlawyer.co.uk

High Court: inspector entitled to approve revision to planning condition – OUT-LAW.com

Posted December 5th, 2018 in energy, local government, news, planning, statutory interpretation by sally

‘A planning inspector did not exceed her authority when she granted permission to a wind turbine developer to build larger turbines than those provided for in the original planning permission, the High Court has ruled.’

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OUT-LAW.com, 4th December 2018

Source: www.out-law.com

Muslim takes local council to High Court because their burial rules ‘breach his human rights’ – Daily Telegraph

‘A Muslim man has taken his local council to the High Court after complaining that their burial rules are infringing on his human rights.’

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Daily Telegraph, 4th December 2018

Source: www.telegraph.co.uk

Owner of Grade II listed house loses appeal over removal of limestone piers – Local Government Lawyer

‘Being on the register of listed buildings is enough to give a structure protection and its validity cannot be challenged in disputes over enforcement, the Court of Appeal has ruled.’

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Local Government Lawyer, 29th November 2018

Source: www.localgovernmentlawyer.co.uk

Former council leader renews bid for judicial review of finding on sexual harassment – Local Government Lawyer

‘A former leader of Devon County Council has been refused permission to judicially review its decision to sanction him for sexual harassment.’

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Local Government Lawyer, 29th November 2018

Source: www.localgovernmentlawyer.co.uk

Councils warned against using new waste crime powers to raise revenue – Local Government Lawyer

Posted November 30th, 2018 in fines, local government, news, waste by sally

‘The government has this week issued guidance for councils on using new powers to fine householders up to £400 for failing to ensure they gave their waste to a licensed carrier.’

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Local Government Lawyer, 29th November 2018

Source: www.localgovernmentlawyer.co.uk

Rogue landlords: 90% of local authorities fail to issue fines – The Guardian

Posted November 29th, 2018 in enforcement, fines, housing, landlord & tenant, local government, news, statistics by tracey

‘Almost 90% of local authorities failed to use new powers to fine rogue landlords last year, in the latest finding to suggest tenants are being failed by a lax enforcement regime.’

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The Guardian, 29th November 2018

Source: www.theguardian.com