Appeal court restores public sector pensions investment guidance – OUT-LAW.com

Posted June 15th, 2018 in local government, news, pensions, sanctions by tracey

‘The Court of Appeal has found in favour of the government in a legal challenge to its guidance preventing the local government pension scheme (LGPS) from pursuing boycotts as part of its investment strategy’

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OUT-LAW.com, 15th June 2018

Source: www.out-law.com

Boycotts – Local Government Law

Posted June 14th, 2018 in appeals, local government, news, pensions by tracey

‘In R (Palestine Solidarity Campaign Ltd) v SoS for CLG (2018) EWCA Civ 1284 the Court of Appeal allowed the SoS’s appeal against a declaration at (2017) EWHC 1502 (Admin) that part of his statutory Guidance relating to the Investment Strategy of local authorities administering local government pension schemes was unlawful.’

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Local Government Law, 7th June 2018

Source: local-government-law.11kbw.com

Late review decisions and homeless appeals – Nearly Legal

Posted June 14th, 2018 in appeals, costs, homelessness, housing, local government, news by tracey

‘Muloko v Newham LBC, County Court at Central London 6 April 2018. This is from a note of the judgment in June 2018 Legal Action – Housing: Recent Developments. I usually wait a month or two on reporting cases from Legal Action, but I report it now as it has some considerable importance, at least in London, for decisions on what to do about late s.202 reviews.’

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Nearly Legal, 13th June 2018

Source: nearlylegal.co.uk

Trafficked woman harassed when housed by council fails in damages claim – Local Government Lawyer

Posted June 14th, 2018 in damages, harassment, housing, local government, news by tracey

‘A judge has dismissed a claim brought by a woman trafficked into prostitution that a council was responsible for harassment that occurred when she was housed.’

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Local Government Lawyer, 14th June 2018

Source: www.localgovernmentlawyer.co.uk

Council to consider judicial review challenge over train timetable changes – Local Government Lawyer

Posted June 13th, 2018 in judicial review, local government, news, railways by sally

‘St Albans City and District Council is to look at the possibility of a judicial review challenge over the introduction of a new timetable for the Thameslink train line.’

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Local Government Lawyer, 12th June 2018

Source: www.localgovernmentlawyer.co.uk

Jerome Jones v Birmingham City Council – Arden Chambers

‘The Court of Appeal has held that proceedings for a gang injunction under Part 4, Policing and Crime Act 2009 (the “2009 Act”) and an anti-social behaviour injunction under Part 1, Anti-social Behaviour, Crime and Policing Act 2014 (the “2014 Act”) do not involve the determination of a criminal charge and therefore do not engage Articles 6(2) or 6(3) of the European Convention on Human Rights (“ECHR”). Nor does the requirement of a fair trial under Article 6(1) require the criminal standard of proof to be applied.’

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Arden Chambers, 23rd May 2018

Source: www.ardenchambers.com

Damages for badly performed homeless duties? – Nearly Legal

Posted June 11th, 2018 in damages, homelessness, local government, news, statutory duty by sally

‘Brief notes on a couple of cases, both, in different ways, approaching the issue of whether a homeless applicant can claim for damages arising from the bad performance of the local authority’s statutory duties.’

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Nearly Legal, 11th June 2018

Source: nearlylegal.co.uk

Government wins appeal over LGPS and guidance on boycotts and divestment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by the government over a ruling that the Communities Secretary acted unlawfully when he issued statutory guidance on the investment strategy for the local government pension scheme (LGPS) that sought to prevent boycotts, divestment and sanctions against foreign nations and UK defence industries.’

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Local Government Lawyer, 8th June 2018

Source: www.localgovernmentlawyer.co.uk

Council rapped for delays while homeless family left in crowded conditions – Local Government Lawyer

Posted June 11th, 2018 in homelessness, housing, local government, news by sally

‘The Local Government & Social Care Ombudsman (LGO) has criticised a London borough after an investigation found that a mother and her five children were accommodated in a damp and mouldy single bedroom.’

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Local Government Lawyer, 8th June 2018

Source: www.localgovernmentlawyer.co.uk

High Court quashes planning permission for care home expansion: report – Local Government Lawyer

Posted June 8th, 2018 in care homes, local government, news, planning by sally

‘The High Court has quashed planning permission for a care home expansion granted by Bath and North East Somerset Council despite officers’ objections, it has been reported.’

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Local Government Lawyer, 7th June 2018

Source: www.localgovernmentlawyer.co.uk

Councils mull legal action over government direction to cut newspaper editions – Local Government Lawyer

‘Two London boroughs are considering whether to launch a judicial review challenge to directions by the government requiring them to only publish four issues of their newspapers a year, it has emerged.’

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Local Government Lawyer, 4th June 2018

Source: www.localgovernmentlawyer.co.uk

Judges uphold listing of field as asset of community value despite trespassing – Local Government Lawyer

‘An open space can be designated as an asset of community value even if its present use is one arising from trespass, the Court Of Appeal has said.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Council criticised after care home banned daughter from visiting mother – Local Government Lawyer

Posted June 1st, 2018 in care homes, complaints, local government, news, ombudsmen by sally

‘A Liverpool care home should not have banned a daughter from visiting her mother without warning, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Ombudsman raps council over cuts to support given to man with special needs – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has criticised the London Borough of Bromley after it significantly reduced the support package provided to a man with special needs.’

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Local Government Lawyer, 30th May 2018

Source: www.localgovernmentlawyer.co.uk

Claimant fails in damages claim against council for housing breaches – Local Government Lawyer

Posted May 31st, 2018 in damages, housing, human rights, local government, news by sally

‘A woman left in unsuitable housing is not entitled to damages from the London Borough of Enfield, the High Court has said.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Prosecution over unauthorised vehicle repair business leads to £120k+ confiscation orders – Local Government Lawyer

Posted May 31st, 2018 in confiscation, costs, enforcement, fines, local government, news, planning by sally

‘Two companies that allowed an unauthorised vehicle repair business to be run without planning permission have been ordered to pay more than £120,000 under confiscation orders obtained by Wokingham Borough Council.’

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Local Government Lawyer, 30th May 2018

Source: www.localgovernmentlawyer.co.uk

London borough secures its largest ever confiscation order for planning breaches – Local Government Lawyer

Posted May 30th, 2018 in confiscation, costs, fines, local government, news, planning, proceeds of crime by sally

‘Islington Council has secured a confiscation order of £304,458 under the Proceeds of Crime Act against a property company which converted a single dwelling into five flats without planning permission.’

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Local Government Lawyer, 29th May 2018

Source: www.localgovernmentlawyer.co.uk

Cambridge City Council secures injunction on punt operators using its riverside land – Local Government Lawyer

Posted May 30th, 2018 in canals, injunctions, licensing, local government, news by sally

‘Cambridge City Council has secured an interim High Court injunction to ban unauthorised punt businesses from using council owned land along the middle river to access the River Cam.’

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Local Government Lawyer, 29th May 2018

Source: www.localgovernmentlawyer.co.uk

Ambit of Code of Conduct – Local Government Law

Posted May 24th, 2018 in bullying, harassment, judicial review, local government, news, ultra vires by tracey

‘The main issue in R (Harvey) v Ledbury Town Council (2018) EWHC 1151 (Admin) was an issue as to jurisdiction, namely a dispute between the parties as to whether it was open to the Council to proceed against a member outside its Code of Conduct under the Localism Act 2011 (“the 2011 Act”). Cockerill J held that the Council by doing so acted ultra vires. It was contrary to the intention of Parliament as expressed in the 2011 Act to run a process in tandem with or as an alternative to the Code of Conduct process envisaged by the 2011 Act.’

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Local Government Law, 23rd May 2018

Source: local-government-law.11kbw.com

Council “did not have vires to lease part of common to pre-school nursery” – Local Government Lawyer

Posted May 24th, 2018 in commons, education, leases, local government, news, ultra vires by tracey

‘The London Borough of Wandsworth did not have the vires to lease premises situated on a common to a private pre-school operator, the Court of Appeal has ruled.’

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Local Government Lawyer, 23rd May 2018

Source: www.localgovernmentlawyer.co.uk