Suitability, disability discrimination and dogs – temporary accommodation – Nearly Legal

‘AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin). This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster’s policy of sourcing temporary accommodation, which was claimed to indirectly discriminate against disabled people.’

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Nearly Legal, 17th March 2024

Source: nearlylegal.co.uk

Condition precedents in light of Lancashire Schools v Lendlease – Local Government Lawyer

‘Condition precedents are common in various commercial agreements. Ewan Anthony and David Owens discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Vulnerable adults and non-recognition of marriage – Local Government Lawyer

‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects distinction between ‘aggressive’ and ‘passive’ begging when it comes to obtaining anti-social behaviour injunctions – Local Government Lawyer

Posted March 18th, 2024 in anti-social behaviour, appeals, ASBOs, injunctions, local government, news by tracey

‘Legislation on anti-social behaviour does not distinguish between aggressive and passive begging in determining whether an offence has been committed, the Court of Appeal has ruled.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge makes care order for teenage boy despite local authority seeking to withdraw its application – Local Government Lawyer

Posted March 15th, 2024 in adoption, care orders, children, families, local government, mental health, news by sally

‘A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Kaylea Titford had no care plan in place when she died, review finds – The Guardian

‘A 16-year-old girl with “significant and chronic disabilities” who died in squalor at her family home in rural mid-Wales did not have a care plan in place, a child practice review into her death has found.’

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The Guardian, 14th March 2024

Source: www.theguardian.com

Court of Protection declares lawfulness of care plan setting out arrangements for termination of woman’s pregnancy – Local Government Lawyer

‘A judge sitting in the Court of Protection has declared that a care plan setting out the arrangements for the termination of a woman’s pregnancy was lawful.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Mayor-PCC merger legal bid: How did we get here? – BBC News

‘An application for a legal review into a plan to merge the roles of West Midlands mayor and police and crime commissioner (PCC) is due to be heard in court.’

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BBC News, 12th March 2024

Source: www.bbc.co.uk

Spotlight on Construction Law – Local Government Lawyer

Posted March 11th, 2024 in building law, construction industry, local government, news by tracey

‘It has been a busy year in the construction industry, write David Owens, Rachel Murray-Smith and Helen Arthur, with some standout legislative changes, including in relation to the Building Safety Act 2022, and the Government issuing a significant paper in respect of behaviours relating to PFI contracts.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Making out of borough offers – Local Government Lawyer

Posted March 11th, 2024 in housing, local government, news by tracey

‘Jeremy Ogilvie-Harris and Hannah Taylor look at how conscientious and lawful out of borough offers of accommodation under Part 7 of the Housing Act 1996 can be made.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Implementation – deviation from plans – Local Government Lawyer

Posted March 11th, 2024 in appeals, change of use, housing, judicial review, local government, news, planning by tracey

‘Roderick Morton analyses a recent case which examined, amongst other things, whether a permission can be considered implemented if there is deviation from the approved plans.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Councils warn of impact of proposed Building Safety Levy on s106 contributions – Local Government Lawyer

Posted March 8th, 2024 in building law, housing, local government, news, repairs by sally

‘The Government’s proposed Building Safety Levy could damage the delivery through section 106 agreements of affordable housing and infrastructure, and leave homeowners and councils footing the bill for building defects.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Councils call for “realistic and achievable timetable” and allocation of new burdens funding for implementation of Awaab’s Law – Local Government Lawyer

‘The Local Government Association has called on the Government to work with the social housing sector to set a “realistic and achievable timescale” for implementation of Awaab’s Law.’

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Local Government Lawyer, 6th March 2024

Source: www.localgovernmentlawyer.co.uk

New protocol issued on disclosure of information between family and criminal agencies and jurisdictions – Local Government Lawyer

Posted March 6th, 2024 in disclosure, families, family courts, local government, news, police by sally

‘A new Protocol on the disclosure of information between family and criminal agencies and jurisdictions has been launched by the judiciary.’

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Local Government Lawyer, 5th March 2024

Source: www.localgovernmentlawyer.co.uk

Blackhorse Investments (Borough) Limited v The London Borough of Southwark [2024] UKUT 33 (LC) – Tanfield Chambers

‘In October 2021 the leaseholder applied to the Upper Tribunal under section 84(1) / s.84(12) of the Law of Property Act 1925 to modify or discharge covenants in a lease of a pub, of which The London Borough of Southwark (Southwark) was the landlord. Despite substantial prior communications by e-mail, the application was served by hand only at Southwark’s principal offices. It did not come to the attention of the correct department (or anyone). In the result, Southwark did not file a notice of objection, the Tribunal dealt with the matter on the papers and a final order was made without a hearing in the form sought by the leaseholder.’

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Tanfield Chambers, 13th February 2024

Source: www.tanfieldchambers.co.uk

Judge rejects challenge to council declining to conduct EHC assessment – Local Government Lawyer

Posted March 5th, 2024 in local government, news, special educational needs, young persons by tracey

‘The High Court has rejected a challenge against a council’s decision not to undertake an education, health and care (EHC) needs assessment, after the local authority had expressed the view that the claimant was aged approximately 10 years older than his claimed age of 17.’

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Local Government Lawyer, 4th March 2024

Source: www.localgovernmentlawyer.co.uk

Affordability and suitability – getting the numbers right – Nearly Legal

Posted March 4th, 2024 in appeals, families, housing, local government, news by tracey

‘Ake v Lewisham Borough Council (2024) K40CL060 (Central London County Court 4 February 2024). This was a statutory appeal pursuant to section 204 of the Housing Act 1996 (‘the 1996 Act’), against a review decision made by Lewisham Borough Council on 27 February 2023. The issue on appeal was whether the review decision took an unlawful and/or unreasonable approach to the assessment of the affordability of accommodation it had secured for Ms Ake in Bow.’

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Nearly Legal, 3rd March 2024

Source: nearlylegal.co.uk

Police force reprimanded after incorrectly merging records of people with same name and date of birth – Local Government Lawyer

Posted March 4th, 2024 in data protection, local government, news, ombudsmen, police, victims by tracey

‘The Information Commissioner’s Office (ICO) has issued a reprimand to West Midlands Police (WMP) after the force “repeatedly” mixed up two people’s personal information.’

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Local Government Lawyer, 1st March 2024

Source: www.localgovernmentlawyer.co.uk

The Levelling-up and Regeneration Act 2023 – Local Government Lawyer

‘Jo Pickering, Aidan Dickinson, James Mallery-Nelson, Victoria Okafor and Christopher Watkins explore some of the main legislative changes brought in by the Levelling-up and Regeneration Act 2023 which are set to impact the local government and property sector(s).’

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Local Government Lawyer, 29th March 2024

Source: www.localgovernmentlawyer.co.uk

Launch of the Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol – Courts & Tribunals Judiciary

‘The Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol comes into effect on 1 March 2024. It replaces the 2013 Protocol and Good Practice Model: disclosure of information in cases of alleged child abuse and care directions hearings.’

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Courts & Tribunals Judiciary, 1st March 2024

Source: www.judiciary.uk