Catherine Ellis Considers the Recent CA Case of G&H (Leave to Revoke Placement Order) [2023] EWCA Civ 768- Pump Court Chambers

‘This was an appeal by a grandmother against a refusal of her application under s24(2)(2) Adoption and Children Act 2002 (“the 2002 Act”) for leave to apply to revoke placement orders in respect of her grandchildren. The application for leave was made six weeks after the care and placement orders had been made.’

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Pump Court Chambers, 27th July 2023

Source: www.pumpcourtchambers.com

What Is Being Done To Find Unaccompanied Missing Children? – Each Other

Posted August 24th, 2023 in asylum, children, government departments, housing, local government, news by sally

‘In total, more than 400 unaccompanied children have gone missing under while under the care of the Home Office. The government has faced growing concerns from both peers and charities regarding the safety of these children; but what is being done to find them?’

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Each Other, 24th August 2023

Source: eachother.org.uk

Court of Appeal dismisses appeal over whether hostel room was “suitable accommodation” – Local Government Lawyer

Posted August 24th, 2023 in asylum, disabled persons, homelessness, housing, local government, news by sally

‘The Court of Appeal has dismissed a woman’s appeal against a decision that a room in a hostel was “suitable” accommodation for her to continue to occupy.’

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Local Government Lawyer, 23rd August 2023

Source: www.localgovernmentlawyer.co.uk

London borough agrees to pay £5,400 after failing to resolve damp and mould issues for more than three years – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration at Newham Council over how it dealt with damp and mould, with the London borough taking more than three years to fix the issue.’

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Local Government Lawyer, 22nd August 2023

Source: www.localgovernmentlawyer.co.uk

Administrative Justice Council makes recommendations on improving local authority SEND decisions – Local Government Lawyer

‘The Administrative Justice Council (AJC) has set out recommendations to improve the quality of local authority decision-making for children and young people with special educational needs and disabilities (SEND).’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

High Court rejects challenge over SEND, transgender needs and Public Sector Equality Duty – Local Government Lawyer

‘The High Court has rejected a claim brought by a transgender young person that the defendant council failed to comply with the Public Sector Equality Duty regarding his needs as a transgender person with an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

Council fails in Upper Tribunal appeal over mentoring support during non-term time periods – Local Government Lawyer

‘The Upper Tribunal has found that a decision made by the First-tier Tribunal regarding autism mentoring support during non-term time periods did not involve an error on a point of law.’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

Vulnerable children left in home with damp and mould after complaint handling failures by city council, Ombudsman finds – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration from Stoke-on-Trent City Council for a lack of stage one complaint response on two separate occasions, which left a resident and her two vulnerable children in a home with damp and mould.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

Ofsted issues warning against placement of vulnerable children in unregistered homes – Local Government Lawyer

‘Ofsted has warned that “too often”, children subject to deprivation of liberty (DoL) orders are placed in illegal unregistered settings without external oversight.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

Suitability s202 reviews and ‘minded to’ regulations – Nearly Legal

Posted August 14th, 2023 in appeals, children, education, families, homelessness, housing, local government, news by tracey

‘Elbhiri v Royal Borough of Kensington and Chelsea. 9 December 2022. Central London County Court (Unreported – copy of judgment )
This is a s.204 appeal judgment that I have been sitting on for an inexcusably long time, ever since I was kindly sent the judgment. This is particularly inexcusable as it is a very interesting point at issue in this appeal. The brief background was that RBKC owed Ms Elbhiri the full housing duty following her homeless application. Ms E had been placed in temporary accommodation under s.193 Housing Act 1996. She then sought a review under s.202 of the suitability of the accommodation. The review upheld the suitability of the accommodation and Ms E brought a s.204 appeal.’

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Nearly legal, 13th August 2023

Source: nearlylegal.co.uk

Beware misusing personal data – Local Government Lawyer

Posted August 14th, 2023 in damages, data protection, disclosure, fraud, housing, local government, news by tracey

‘A claimant recently won a High Court damages claim against a London borough for misuse of personal data, with the council ordered to pay £6,000 in damages. Ibrahim Hasan explains why.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

The 10 commandments? The 10 principles of the duty of candour – Local Government Lawyer

Posted August 14th, 2023 in codes of practice, disclosure, judicial review, local government, news by tracey

‘Colin Ricciardiello and Jonathan Blunden analyse the latest ruling on the duty of candour in judicial review proceedings.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

The UK’s first case under the Subsidy Control Act 2022 – Local Government Lawyer

Posted August 11th, 2023 in appeals, competition, local government, news, waste by tracey

‘Jonathan Branton and Alexander Rose consider the lessons which can be learned from the Competition Appeal Tribunal’s decision in the Durham Company Limited v Durham County Council.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

Assessing someone as being clearly an adult – Local Government Lawyer

‘The Court of Appeal recently considered the approach to be taken to a claim for judicial review of a decision that SB was clearly and obviously an adult. Catherine Rowlands examines the judgment.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

High Court judge rules inspector erred in law over scope of power to require removal of operational development – Local Government Lawyer

Posted August 11th, 2023 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘The High Court has decided that a planning inspector erred in law over a dispute about an enforcement notice served by Buckinghamshire Council.’

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Local Government Lawyer, 10th August 2023

Source: www.localgovernmentlawyer.co.uk

Transport Secretary wins Supreme Court appeal over determinations on certificates of appropriate alternative development -Local Government Lawyer

‘The Supreme Court has allowed an appeal by the Secretary of State for Transport over the way in which compensation is calculated for land compulsory purchased for Birmingham’s Curzon Street HS2 station.’

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Local Government Lawyer, 10th August 2023

Source: www.localgovernmentlawyer.co.uk

Ffos-y-Fran: Campaigners go to courts to stop mine digging for coal – BBC News

‘Climate campaigners are taking legal action to try and force the closure of the UK’s largest opencast coalmine.’

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BBC News, 10th August 2023

Source: www.bbc.co.uk

Public bodies named and shamed over Freedom of Information request failings – The Independent

Posted August 11th, 2023 in delay, freedom of information, government departments, local government, news by tracey

‘Five public bodies have been named and shamed for failures to meet expected standards in responding to Freedom of Information Act (FOI) requests.’

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The Independent, 10th August 2023

Source: www.independent.co.uk

Bibby Stockholm: Ministers face legal action over barge planning permissions – BBC News

Posted August 10th, 2023 in asylum, housing, local government, news, planning, ships by tracey

‘Ministers are facing legal action from the Mayor of Portland over the Bibby Stockholm migrant accommodation barge.’

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BBC News, 10th August 2023

Source: www.bbc.co.uk

Council to pay nearly £13k after delayed disability adaptations forced resident to install his own – Local Government Lawyer

Posted August 10th, 2023 in compensation, delay, disabled persons, local government, news, ombudsmen by tracey

‘Waverley Borough Council has been told to pay nearly £13,000 after a Housing Ombudsman investigation found the council’s “unreasonable delays” in providing disability adaptations forced a resident to install his own.’

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Local Government Lawyer, 10th August 2023

Source: www.localgovernmentlawyer.co.uk