Councils face rise in claims after Supreme Court rules on foster abuse liability – Local Government Lawyer

Posted October 19th, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by tracey

‘Local authorities face a significant increase in claims after a majority of the Supreme Court ruled that councils can be held vicariously liable for wrongful actions of foster parents to a child in foster care.’

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Local Government Lawyer, 18th October 2017

Source: localgovernmentlawyer.co.uk

Foster care abuse victim in ‘landmark’ win against council – BBC News

‘A woman who was abused as a child by her foster parents has won a Supreme Court battle against the local authority responsible for her care.’

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BBC News, 18th October 2017

Source: www.bbc.co.uk

Ealing abortion clinic protest ban approved – BBC News

Posted October 11th, 2017 in abortion, demonstrations, local government, London, news by tracey

‘An “unprecedented” ban on protesters outside abortion clinics could be introduced in a London borough. Councillors in Ealing overwhelmingly backed a proposal to stop anti-abortion groups protesting outside a Marie Stopes clinic in the borough.’

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BBC News, 11th October 2017

Source: www.bbc.co.uk

Council fined £150k over failures on hand arm vibration syndrome – Local Government Lawyer

Posted October 10th, 2017 in costs, fines, health & safety, local government, news by sally

‘A Welsh council has been fined £150,000 after a 57-year old employee in its StreetScene department was diagnosed with Hand Arm Vibration Syndrome (HAVS).’

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Local Government Lawyer, 9th October 2017

Source: www.localgovernmentlawyer.co.uk

SRA guidance to stop many council legal trading activities “dead in their tracks” – Local Government Lawyer

‘The Solicitors Regulation Authority last month published long-awaited guidance on a key section of the Legal Services Act 2007 that it is claimed will stop many local authorities’ legal services trading activities “dead in their tracks”.’

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Local Government Lawyer, 6th October 2017

Source: www.localgovernmentlawyer.co.uk

Cost of welfare litigation in Court of Protection “may have chilling effect”: report – Local Government Lawyer

Posted October 6th, 2017 in costs, Court of Protection, local government, news by tracey

‘The cost to public authorities of welfare litigation in the Court of Protection “may have a chilling effect on their willingness to refer disputes to court where appropriate”, researchers have said.’

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Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

Vulnerability, medical evidence & Now Medical – Nearly Legal

Posted October 5th, 2017 in expert witnesses, homelessness, local government, mental health, news by tracey

‘Thomas v Lambeth LBC, County Court at Central London, 16 March 2017. This is a s.204 appeal in the County Court of a vulnerability decision by Lambeth. Of particular interest is that the judgment concerns and indeed turns on Now Medical reports on the homeless applicant and the use made of them by LB Lambeth on s.184 decision and on s.202 review.’

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Nearly Legal, 3rd October 2017

Source: nearlylegal.co.uk

LGO criticises failure of council to assess vulnerable young children at risk of harm – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has accused a council of not doing enough to safeguard a family who made multiple appeals for help to protect their younger children from threats of violence made by their teenage son.’

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Local Government Lawyer, 4th October 2017

Source: localgovernmentlawyer.co.uk

Supreme Court to consider legal standard on adequacy of reasons in planning – Local Government Lawyer

Posted October 2nd, 2017 in judicial review, local government, news, planning, reasons, standards, Supreme Court by sally

‘The Supreme Court will next month consider the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission.’

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Local Government Lawyer, 29th September 2017

Source: www.localgovernmentlawyer.co.uk

The felling of protest? – UK Police Law Blog

‘In Sheffield City Council v Fairhall [2017] EWHC 2121 (QB), the Court has been asked to consider the extent to which the decision in DPP v Jones [1999] UKHL 5; [1999] 2 AC 240 can be relied upon as a right to conduct peaceful but disruptive protest on the highway.’

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UK Police Law Blog, 30th September 2017

Source: ukpolicelawblog.com

Claimant who sued council over bogus highway accident guilty of contempt – Local Government Lawyer

‘A man who sued Doncaster Metropolitan Borough Council for £10,000, claiming he was injured after tripping in a hole in the payment, has been found guilty of contempt of court and jailed for four months.’

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Local Government Lawyer, 29th September 2017

Source: www.localgovernmentlawyer.co.uk

Oliver Butler: The Data Protection Bill and Public Authority Powers to Process Personal Data: Resurrecting Clause 152 of the Coroners and Justice Bill 2009? – UK Constitutional Law Association

Posted September 28th, 2017 in bills, data protection, EC law, local government, news, public interest by sally

‘The Data Protection Bill currently before Parliament substantially resurrects the controversial clause 152 of the Coroners and Justice Bill 2009. Careful scrutiny of this provision is needed and it must not be lost in the legislative morass as the UK grapples with data protection reform.’

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UK Constitutional Law Association, 28th September 2017

Source: ukconstitutionallaw.org

Javier Garcia Oliva: Why the Constitutional Treatment of Religion in Great Britain Matters in Religious Disputes – UK Constitutional Law Association

‘Two high profile cases concerning the approach of public authorities towards religion and identity, where the care and future of looked after children were concerned, have featured this summer.’

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UK Constitutional Law Association, 26th September 2017

Source: ukconstitutionallaw.org

Judge rules council and CCG not required to fund visits of mother – Local Government Lawyer

Posted September 22nd, 2017 in expenses, local government, mental health, news, statutory duty by sally

‘Central Bedfordshire Council and North Norfolk Clinical Commissioning Group need not meet the travelling expenses of a woman who makes a lengthy weekly trip to see her son in a mental hospital.’

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Local Government Lawyer, 21st September 2017

Source: www.localgovernmentlawyer.co.uk

Birmingham refuse collectors win high court case against city council – The Guardian

Posted September 22nd, 2017 in industrial action, injunctions, local government, news, redundancy, waste by sally

‘Birmingham’s long-running bin strike has been suspended following a high court injunction preventing the city council from making refuse workers redundant.’

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The Guardian, 20th September 2017

Source: www.theguardian.com

High Court rejects legal challenge to urban extension – Local Government Lawyer

Posted September 22nd, 2017 in EC law, judicial review, local government, news, planning, pollution by sally

‘Two campaigners have failed to win permission from the High Court for judicial review of a planned urban extension to Canterbury on air quality grounds.’

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Local Government Lawyer, 21st September 2017

Source: www.localgovernmentlawyer.co.uk

Ministers to tighten disqualification criteria for councillors and mayors – Local Government Lawyer

Posted September 21st, 2017 in consultations, criminal records, disqualification, local government, news by sally

‘Individuals who are given an anti-social behaviour injunction or a criminal behaviour order or who are added to the sex offenders’ register will no longer be able to be a councillor or elected mayor, under reforms put out to consultation this week.’

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Local Government Lawyer, 20th September 2017

Source: www.localgovernmentlawyer.co.uk

Ofsted reports on the inspection of services for children living with domestic abuse – Family Law

‘Ofsted, the Care Quality Commission, HM Inspectorate of Constabulary, and HM Inspectorate of Probation have published a report examining the multi-agency response to children living with domestic abuse, along with inspections of local area services.’

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Family Law, 20th September 2017

Source: www.familylaw.co.uk

Judge blasts lack of therapy for mother faced with losing second child – Local Government Lawyer

Posted September 19th, 2017 in adoption, care orders, local government, mental health, news, social services by tracey

‘A Family Court judge has questioned the spending of money on the issuing of legal proceedings and on psychological evidence when this expenditure is incurred before attempts have been made at therapeutic support, in a case where a vulnerable mother was faced with the loss of a second child to adoption.’

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Local Government Lawyer, 18th September 2017

Source: localgovernmentlawyer.co.uk

Council wins test appeal case against lettings agency ‘administration fees’ – Local Government Lawyer

Posted September 19th, 2017 in appeals, fees, landlord & tenant, local government, news, tribunals by tracey

‘Camden Council has successfully appealed to the Upper Tribunal against a leading estate agency, Foxtons, using the term “administration fees” in their lettings agency work.’

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Local Government Lawyer, 18th September 2017

Source: localgovernmentlawyer.co.uk