New Judgment: Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 – UKSC Blog

Posted May 16th, 2019 in appeals, housing, local government, news, Supreme Court, valuation by sally

‘This appeal considered whether regard should be given, when ascertaining the rateable value of a property under the statutory hypothesis in the Local Government Finance Act 1988, Sch 6, para 2(1), to general demand for comparable properties in the market. It also considered what the relevance is, if any, to the ascertainment of rateable value under the statutory hypothesis, of the absence of an actual prospective tenant who would pay a positive price in order to occupy the property at the valuation date.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

Court of Appeal to hear case on public sector equality duty and possession orders over false representations – Local Government Lawyer

‘A case concerning the interrelationship between the public sector equality duty and the court’s discretion to make a possession order because of false representations is to go to the Court of Appeal, it has been reported.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

Judge hits out at “irresponsible” media reporting of case on capacity to consent to sex – Local Government Lawyer

Posted May 16th, 2019 in consent, Court of Protection, judges, local government, media, news by sally

‘A Court of Protection judge has strongly criticised media reporting of a case involving whether a woman had the capacity to consent to sex with her husband.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

Judge rejects claims by parish that nuns conspired to provide district council with false information to secure planning permission – Local Government Lawyer

‘A High Court judge has rejected claims made by a parish council that an international congregation of nuns conspired to provide false information to a district council in order to obtain planning permission for a former school site.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

The socio-economic duty: A powerful idea hidden in plain sight in the Equality Act – Oxford Human Rights Hub

‘Section 1 of the Equality Act 2010 asks public authorities to actively consider the way in which their policies and their most strategic decisions can increase or decrease inequalities. I am talking about the socio-economic duty. However, successive governments since 2010 have failed to commence it, to bring it to life in technical terms, which means that public authorities are not technically bound by Section 1.’

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Oxford Human Rights Hub, 15th May 2019

Source: ohrh.law.ox.ac.uk

Family President to issue guidance to courts on secure accommodation placements and statutory regime – Local Government Lawyer

‘The President of the Family Division has said he will issue practice guidance to the courts before the end of July so that more can be done to bring secure accommodation placements within the statutory regulatory scheme.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

High Court hears judicial review challenge over proposed closure of day care centre – Local Government Lawyer

‘The High Court in Leeds is this week (13-14) hearing a judicial review challenge to Rotherham Metropolitan Borough Council’s decision to close a day care centre for adults with learning disabilities.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

Council makes a mess of Portage – Law Society’s Gazette

Posted May 14th, 2019 in children, education, equality, families, judicial review, local government, news by sally

‘The biblical Esau rashly sold his birthright for ‘a mess of pottage’ (a bowl of lentil stew). But in a rather different context, Worcestershire Council could be said to have made a mess of Portage. For Portage (named after a US town in Wisconsin where the concept originally developed) is a pre-school educational support service (from birth to five-years-old) provided through regular home visits from a trained home visitor. However, on 22 August 2016 the council (through councillor Bayliss, cabinet member with responsibility for children and families) decided to close the Portage scheme from 1 October 2018. This prompted judicial review proceedings in R (RD and others) v Worcestershire County Council [2019] EWHC 449 (Admin), judgment in which was given by Nicklin J on 28 February 2019.’

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Law Society's Gazette, 13th May 2019

Source: www.lawgazette.co.uk

Councils to have statutory duty to deliver support in secure accommodation for survivors of domestic abuse – Local Government Lawyer

‘Councils are to be legally required for the first time to deliver support in secure accommodation for survivors of domestic abuse, the Government has announced.’

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Local Government Lawyer, 13th May 2019

Source: www.localgovernmentlawyer.co.uk

PM vows to end postcode lottery for domestic abuse victims

‘The prime minister has vowed to end the postcode lottery for those escaping domestic abuse.’

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The Guardian, 13th May 2019

Source: www.theguardian.com

Judge reminds councils of importance of following guidance on working with parents with learning disability – Local Government Lawyer

‘A Family Court judge has said it is “imperative” that local authorities follow guidance on working with parents with a learning disability, and expressed “serious reservations” as to whether a borough council did so in a case concerning the welfare of three children.’

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Local Government Lawyer, 8th May 2019

Source: www.localgovernmentlawyer.co.uk

Extension of Time – Local Government Law

‘Whether Kerr J was wrong when he exercised his discretion to extend time for a challenge to be brought by a claim for judicial review against a planning permission granted more than five and a half years before the claim was issued was the question at the heart of the appeal in R (Thornton Hall Hotel Ltd) v Wirral MBC (2019) EWCA Civ 737. The appeal raised two main issues: first, in view of the delay of more than five and a half years, whether the Judge erred in extending time for the claim to be brought, under CPR r.3.1(2)(a); and second, having regard to the substance of the claim, whether he was wrong not to exercise his discretion to refuse relief under Section 31(6) of the Senior Courts Act 1981. The appeal was dismissed on both issues.’

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Local Government Law, 2nd May

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

Councils fail in legal challenge over Heathrow Airport expansion – Local Government Lawyer

‘A Divisional Court has dismissed a legal challenge brought by five councils, the Mayor of London and a number of other claimants over the Secretary of State for Transport’s decision to designate the Airports National Policy Statement (“ANPS”), which sets out that the Government’s preferred location for additional airport capacity in the South East of England is a new runway at Heathrow.’

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Local Government Lawyer, 1st May 2019

Source: www.localgovernmentlawyer.co.uk

Appellant ordered to pay £5k costs after acting unreasonably in SEN appeal – Local Government Lawyer

‘A mother has been ordered to pay Hertfordshire County Council costs of £5,245 after being held to have acted unreasonably over an appeal on her daughter’s schooling, a judgment published this week on Bailii has revealed.’

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Local Government Lawyer, 1st May 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal agrees to hear case on housing allocation policy and religion – Local Government Lawyer

‘The Court of Appeal has granted permission to appeal a Divisional Court ruling that a housing association letting homes on the basis of religion was lawful.’

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Local Government Lawyer, 29th April 2019

Source: www.localgovernmentlawyer.co.uk

Ticket resellers win tribunal case over action taken by trading standards team – Local Government Lawyer

‘Four ticket resellers have won a case in the First-Tier Tribunal, which ruled that North Yorkshire County Council took action out of time.’

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Local Government Lawyer, 26th April 2019

Source: www.localgovernmentlawyer.co.uk

London borough defeats appeal over licence and secure tenancy – Local Government Lawyer

Posted April 26th, 2019 in appeals, children, homelessness, housing, landlord & tenant, local government, news by sally

‘The London Borough of Barnet has defeated an appeal over whether a woman found to be intentionally homeless but who continued to be housed under the Children Act 1989 had security of tenure.’

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Local Government Lawyer, 26th April 2019

Source: www.localgovernmentlawyer.co.uk

Allocation Policy – Local Government Law

Posted April 25th, 2019 in equality, housing, local government, news, race discrimination, refugees, travellers by tracey

‘In conjoined appeals, (2019) EWCA Civ 692, R (Gullu) v Hillingdon LBC and R (Ward) v Hillingdon LBC, the Court of Appeal considered the lawfulness of Hillingdon’s housing allocation policy. The policy prioritised people who had been resident in the local area for 10 years. That was found to discriminate indirectly against protected groups.’

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Local Government Law, 23rd April 2019

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

Council takes 10 years not to make a decision on village green status – The Guardian

Posted April 25th, 2019 in commons, compensation, delay, local government, news, planning by tracey

‘Ombudsman orders Cornwall to pay compensation over locals’ plan for land near Saltash.’

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The Guardian, 25th April 2019

Source: www.theguardian.com

Parish councils win High Court challenge over abolition after borough misinterpreted guidance – Local Government Lawyer

‘Slough Borough Council misinterpreted government guidance and so an order providing for the abolition of two parish councils in its area must be quashed, a High Court judge has ruled.’

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Local Government Lawyer, 23rd April 2019

Source: www.localgovernmentlawyer.co.uk