Specificity in the context of “education otherwise than at school” – Local Government Lawyer

Posted September 30th, 2022 in appeals, children, disabled persons, education, local government, news, tribunals by michael

‘Holly Littlewood analyses a recent case concerning specificity in the context of “education otherwise than at school” (EOTAS), and an unlawful delegation of responsibility for determining special educational provision in an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 30th Septembr 2022

Source: www.localgovernmentlawyer.co.uk

The school fines lottery for parents with absent children – BBC News

Posted September 30th, 2022 in children, education, fines, local government, news, school children by michael

‘Parents in England whose children miss school face harsher penalties depending on where they live, a BBC Panorama investigation has found.’

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BBC News, 30th September 2022

Source: www.bbc.co.uk

Borough council prosecution secures £200k fine after metal object found in Krispy Kreme doughnut – Local Government Lawyer

Posted September 27th, 2022 in fines, food hygiene, health & safety, local government, news, prosecutions by sally

‘Melton Borough Council has prosecuted Krispy Kreme UK for three offences of food hygiene and safety after a sharp piece of metal was found in a doughnut.’

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Local Government Lawyer, 26th September 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal to hear child’s ‘failure to remove’ claim under the Human Rights Act – Local Government Lawyer

‘The Court of Appeal has agreed to hear an appeal of a claim that Worcestershire County Council and Birmingham City Council both failed to remove a boy (AB) from the care of his mother.’

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Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

Breach during procurement “not sufficiently serious to justify an award of Francovich damages”, High Court judge rules – Local Government Lawyer

Posted September 23rd, 2022 in damages, hospitals, local government, news, public procurement by sally

‘An error in the award of an NHS orthodontic contract was not serious enough to entitle the loser to Francovich damages, the High Court has found.’

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Local Government Lawyer, 22nd September 2022

Source: www.localgovernmentlawyer.co.uk

Domestic abuse survivors at risk from councils’ failure to rehouse them – The Guardian

‘People fleeing domestic abuse are being put in danger by local authorities who fail to provide housing for months on end, despite a law which should prioritise them, a new study shows.’

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The Guardian, 23rd September 2022

Source: www.theguardian.com

Council secures possession in case concerning effect of time spent in residential care by person with no mental capacity and whether it should deprive family member of right to succeed – Local Government Lawyer

‘A woman must leave her home of 57 years because her mother – the legal tenant of Dudley Metropolitan Borough Council – died in a care home rather than in the house, the High Court has ruled.’

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Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

High Court backs move of 89-year-old man with Alzheimer’s from care home in UK to Jamaica – Local Government Lawyer

Posted September 21st, 2022 in care homes, Court of Protection, elderly, Jamaica, local government, mental health, news by sally

‘It is in the best interests of an 89-year-old man (XX) currently in a care home in the UK to travel to Jamaica for his last years, despite him lacking the mental capacity to make the decision himself, a High Court judge has ruled.’

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Local Government Lawyer, 20th September 2022

Source: www.localgovernmentlawyer.co.uk

Judge rules Tribunal erred by putting responsibility for part of EHCP on individual who was not lawful delegate or proxy for local authority – Local Government Lawyer

Posted September 20th, 2022 in local government, news, special educational needs, tribunals by tracey

‘The First-Tier Tribunal erred in law by giving responsibility for compiling an “all your need to know about” document concerning a child to a doctor who was not a lawful delegate or proxy for the council, the Upper Tribunal Administrative Appeals Chamber has said.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Avoiding the pitfalls of WhatsApp – Local Government Lawyer

‘Matthew Alderton examines past disciplinary cases, regulatory action and recent judicial review challenges that show the various dangers that public bodies could face by allowing staff to communicate via WhatsApp and other social media.social media.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Failure to remove claims now harder to strike out – Local Government Lawyer

‘Claimants in two unconnected cases recently won their appeals over the striking out of their claims in negligence brought against the local authorities arising out of the exercise of their statutory functions under the Children Act 1989. Sarah Erwin-Jones and Louse Fisher consider the implications of this decision.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Council succeeds in part over whether landlords were “fit and proper” – Local Government Lawyer

Posted September 15th, 2022 in fraud, housing, landlord & tenant, licensing, local government, news by tracey

‘A London borough has won on two limited points out of four grounds on which it appealed in a case over whether landlords were “fit and proper”.’

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Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

Tenant successfully defends unlawful subletting case brought by London borough: report – Local Government Lawyer

Posted September 14th, 2022 in housing, landlord & tenant, local government, news by tracey

‘The London Borough of Lambeth has lost a case in which it thought a woman was illegally sub-letting a one-bed studio council flat.’

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Local Government Lawyer, 13th September 2022

Source: www.localgovernmentlawyer.co.uk

Local authority duties towards unaccompanied asylum seeking children – Local Government Lawyer

Posted September 12th, 2022 in asylum, children, immigration, local government, news, statutory duty by tracey

‘Bronwen Jones and Samina Iqbal of Goldsmith Chambers provide comprehensive and up to date legal information covering the duties of local authorities towards asylum-seeking children.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Liability of schools for abuse by work experience student – Local Government Lawyer

‘Paul Donnelly and Samuel Dawber discuss the implications of a recent High Court case where it was found that a relationship between a school and a work experience student was insufficient to give rise to vicarious liability.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

The Data Protection and Digital Information Bill: A new UK GDPR? – Local Government Lawyer

Posted September 9th, 2022 in bills, brexit, data protection, EC law, government departments, local government, news by tracey

‘In July the Government published the Data Protection and Digital Information Bill, the next step in its much publicised plans to reform the UK Data Protection regime following Brexit. Ibrahim Hasan sets out the key changes.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Dismissal for a political affiliation – Local Government Lawyer

‘Liz Stevens looks at a recent unfair dismissal case, based on the grounds of political affiliation.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Should billboard advertising be banned? – BBC News

Posted September 8th, 2022 in advertising, environmental protection, health, local government, news by sally

‘Campaigner Charlotte Gage says that the outdoor adverts you see on billboards and bus stops should all be removed.”

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BBC News, 8th September 2022

Source: www.bbc.co.uk

Needs, not wishes – Housing Needs Assessments and Personal Housing Plans – Nearly Legal

Posted September 5th, 2022 in asylum, homelessness, housing, immigration, judicial review, local government, news, refugees by tracey

‘ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin). This was a judicial review of what was claimed to be Havering’s failure to provide a lawful housing needs assessment and personal housing plan for Mr ZK, under section 189A Housing Act 1996.’

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Nearly Legal, 4th September 2022

Source: nearlylegal.co.uk

Regulator of Social Housing finds council in breach of Home Standard over failure to conduct health and safety assessments in thousands of homes – Local Government Lawyer

Posted September 5th, 2022 in health & safety, housing, local government, news by tracey

‘The Royal Borough of Greenwich has breached the Home Standard and, as a consequence, there was potential for serious detriment to tenants, the Regulator of Social Housing (RSH) has concluded.’

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Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk