Category: local government

The faculty jurisdiction and trees in closed churchyards: Re All Saints, Featherstone – Law & Religion UK

Posted March 12th, 2025 in Church of England, faculties, local government, news, trees by Lily

‘In Re All Saints, Featherstone [2025] ECC Lee 1, Wakefield Metropolitan District Council sought a confirmatory faculty for felling and removing an ash tree without lawful authority. The burial ground had been closed by Order in Council under the Burial Act 1853 and the maintenance obligation transferred to Wakefield MDC pursuant to s.215 Local Government Act 1972. Under the transfer of the duty of maintenance, Wakefield MDC was obliged to conduct routine inspections of the churchyard and to undertake “such works as are necessary to eliminate or reduce the risk of harm”. However, closed burial grounds remain subject to the faculty jurisdiction.’

Full Story

Law & Religion UK, 11th March 2025

Source: lawandreligionuk.com

Family of self-employed carpenter secure asbestos cancer settlement against council – Local Government Lawyer

Posted March 12th, 2025 in asbestos, cancer, compensation, duty of care, local government, news, personal injuries by Lily

‘The family of a Kent carpenter who died from mesothelioma, a cancer caused by asbestos, have agreed a six-figure settlement in a claim against Medway Council, after arguing the local authority owed him a duty of care as the occupier of the site he was working on’

Full Story

Local Government Lawyer, 10th March 2025

Source: www.localgovernmentlawyer.co.uk

Council agrees to improve voting accessibility for blind voters after settling legal challenge – Local Government Lawyer

Posted March 11th, 2025 in disability discrimination, disabled persons, elections, equality, local government, news by tracey

‘Croydon Council has agreed to make reasonable adjustments for visually impaired people at future elections, after settling a legal challenge.’

Full Story

Local Government Lawyer, 11th March 2025

Source: www.localgovernmentlawyer.co.uk

High Court dismisses cycle lane judicial review on all grounds – Local Government Lawyer

Posted March 10th, 2025 in bicycles, judicial review, local government, news, trees by tracey

‘An application for judicial review and an interim injunction against Coventry City Council’s plans to chop down 26 trees to build a cycleway has been refused by the High Court.’

Full Story

Local Government Lawyer, 7th March 2025

Source: www.localgovernmentlawyer.co.uk

English and Welsh councils to have greater powers to seize land for affordable housing – The Guardian

Posted March 10th, 2025 in compulsory purchase, housing, local government, news by tracey

‘Councils and mayors will be granted greater powers to seize land to build affordable housing under the Labour government’s shake-up of planning rules this week. Local authorities in England and Wales will no longer need permission from central government to make compulsory purchase orders (CPOs), in a change that ministers hope will unlock vacant and derelict land.’

Full Story

The Guardian, 10th March 2025

Source: www.theguardian.com

High Court judge gives permission to bring legal challenge against Welsh council over Article 4 direction on holiday homes – Local Government Lawyer

Posted March 6th, 2025 in housing, judicial review, local government, news, planning, Wales by sally

‘A local objector to Gwynedd Council’s policy on planning for holiday homes has won the right to take the authority to judicial review after a judge said he was “just persuaded” this was the right course.’

Full Story

Local Government Lawyer, 5th March 2025

Source: www.localgovernmentlawyer.co.uk

Disclosure and Barring Service entitled to come to different conclusion than Teachers Regulation Agency, Court of Appeal rules – Local Government Lawyer

Posted March 5th, 2025 in appeals, children, disciplinary procedures, local government, news, professional conduct, school children, teachers by tracey

‘The Court of Appeal has unanimously dismissed a former teacher’s appeal against a finding by the Disclosure and Barring Service (DBS) that he had developed an “inappropriate relationship” with a pupil – and therefore would be precluded from being a teacher – despite a separate TRA disciplinary panel finding he was not guilty of professional misconduct.’

Full Story

Local Government Lawyer , 4th March 2025

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal judge allows appeal by mother in EHCP case over pagination issues, criticises First Tier Tribunal for “putting off” issues for later – Local Government Lawyer

Posted March 5th, 2025 in appeals, children, families, local government, news, tribunals by tracey

‘The Upper Tribunal has allowed a mother’s appeal concerning the Education Health and Care (EHC) Plans of her two children, after finding a “procedural irregularity” in respect of pagination issues in the court bundle.’

Full Story

Local Government Lawyer, 4th March 2025

Source: www.localgovernmentlawyer.co.uk

The interaction between housing and social care duties – Local Government lawyer

Posted March 5th, 2025 in housing, local government, news, social services by tracey

‘Members of the Cornerstone Barristers Housing Team set out key takeaways from three important decisions from the Court of Appeal clarifying the interaction between local authorities’ obligations under the Housing Act 1996 and social care legislation.’

Full Story

Local Government lawyer, 4th March 2025

Source: www.localgovernmentlawyer.co.uk

Parish council chaos as £20k libel bill issued over claim clerk ‘gave the finger’ during meeting – The Independent

Posted March 5th, 2025 in damages, defamation, local government, news by tracey

‘A parish councillor who accused the village clerk of secretly giving him “the finger” during a council meeting has been handed a £20,000 libel bill after being sued at the High Court.’

Full Story

The Independent, 4th March 2025

Source: www.independent.co.uk

Man fined for cutting down tree in his garden worth £114,000 – The Independent

Posted February 28th, 2025 in fines, local government, news, sentencing, trees by Lily

‘A man has been fined for chopping down a tree in his garden worth more than £114,000 after claiming a falling branch narrowly missed his daughter.’

Full Story

The Independent, 27th February 2025

Source: www.independent.co.uk

What is the right approach to Care Act assessments? – Local Government Lawyer

Posted February 28th, 2025 in care homes, disabled persons, duty of care, housing, local government, news by Lily

‘In a judgment giving guidance on the approach to be taken to Care Act 2014 assessments, the High Court has distinguished between “provision of care and support for which a home is needed” and “provision which a home would need so as to be equipped for the relevant person”, holding that the former can trigger a duty to accommodate under the Care Act 2014 whereas the latter cannot.’

Full Story

Local Government Lawyer, 28th February 2025

Source: www.localgovernmentlawyer.co.uk

Family President publishes guidance for judges on writing to children in family court proceedings – Local Government Lawyer

Posted February 27th, 2025 in children, codes of practice, families, family courts, judges, judiciary, local government, news by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued guidance for family judges on when, how and why to write to children in family court proceedings.’

Full Story

Local Government Lawyer, 26th February 2025

Source: www.localgovernmentlawyer.co.uk

Judicial review claims by councils rise but permissions drop, says report – Local Government Lawyer

Posted February 27th, 2025 in judicial review, law firms, local government, news, reports, statistics by sally

‘The number of judicial review claims brought by local authorities has risen steadily since 2021, but permissions have fallen, a report from law firm Burges Salmon has found.’

Full Story

Local Government Lawyer, 26th February 2025

Source: www.localgovernmentlawyer.co.uk

Family Law Newsletter – Spire Barristers

Posted February 27th, 2025 in care orders, chambers articles, children, families, family courts, local government, news by sally

‘Family Law Newsletter – January 2025; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

Full Story

Spire Barristers, 14th January 2025

Source: www.spirebarristers.co.uk

Government to bring in single construction regulator, new legal duty of candour for public bodies after accepting Grenfell inquiry report recommendations in full – Local Government Lawyer

Posted February 27th, 2025 in accidents, building law, construction industry, disclosure, fire, government departments, health & safety, inquiries, local government, news by sally

‘The Government has accepted all 58 recommendations in the Grenfell Tower Inquiry’s final report, and will introduce a new single construction regulator “to ensure those responsible for building safety are held to account”.’

Full Story

Local Government Lawyer, 26th February 2025

Source: www.localgovernmentlawyer.co.uk

Deprivation of liberty, children, care orders, and overlooked caselaw: a tangle for the Court of Appeal – Mental Capacity Law and Policy

Posted February 26th, 2025 in appeals, care orders, children, deprivation of liberty safeguards, families, family courts, local government, news by sally

‘West Sussex County Council v AB & Anor [2025] EWCA Civ 132, concerned a very challenging situation. It concerned a 17 year old woman with complex needs.’

Full Story

Mental Capacity Law and Policy, 20th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Ombudsman sets out common failings of landlords when it comes to inspections following damp and mould complaints – Local Government Lawyer

Posted February 26th, 2025 in complaints, health, housing, landlord & tenant, local government, news, ombudsmen by sally

‘The Housing Ombudsman has analysed four common failings of social landlords in a report on inspections and knowledge management within damp and mould complaints.’

Full Story

Local Government Lawyer, 25th February 2025

Source: www.localgovernmentlawyer.co.uk

Impending Procurement Act: What you need to know – Local Government Lawyer

Posted February 25th, 2025 in contracting out, local government, news, public procurement by tracey

‘The Procurement Act 2023 will come into force next week. Liz Fletcher sets out some key actions for contracting authorities and suppliers.’

Full Story

Local Government Lawyer, 21st February 2025

Source: www.localgovernmentlawyer.co.uk

Should harassment in the workplace be deemed a breach of health and safety obligations? – Local Government Lawyer

Posted February 25th, 2025 in bills, employment, harassment, health & safety, local government, news by tracey

‘David Leach and Madina Sakhi provide insight into the recent proposal to classify workplace harassment as a breach of health and safety obligations.’

Full Story

Local Government Lawyer, 24th February 2025

Source: www.localgovernmentlawyer.co.uk