Burying of Victorian bridge in Cumbria must be reversed, says council – The Guardian

Posted June 17th, 2022 in complaints, local government, news, planning, railways, repairs, roads by tracey

‘The government’s road agency will be forced to remove hundreds of tonnes of concrete it used to bury a Victorian bridge arch despite offering a £450,000 sweetener to allow the controversial scheme to stay. Eden district council’s planning committee resisted the offer by unanimously deciding to refuse National Highways (NH) retrospective planning permission for a crude infilling project at Great Musgrave, Cumbria, that was widely condemned as “cultural vandalism”.’

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The Guardian, 16th June 2022

Source: www.theguardian.com

Court of Appeal to consider appeal from council over whether cost of holidays and recreation for people with care needs can fall to be met under Care Act 2014 – Local Government Lawyer

Posted June 15th, 2022 in appeals, benefits, disabled persons, holidays, local government, news by sally

‘The Court of Appeal will this week (16 June) will this week consider the role of local authorities, under the Care Act 2014, in respect of facilitating holidays and recreation for people with care needs.’

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Local Government Lawyer, 14th June 2022

Source: www.localgovernmentlawyer.co.uk

Landlord jailed for 12 months over illegal eviction of tenant – Local Government Lawyer

Posted June 14th, 2022 in harassment, landlord & tenant, local government, news, sentencing by sally

‘A Peterborough landlord has been sentenced to 12 months imprisonment for the illegal eviction and harassment of a private tenant, following a prosecution brought by Peterborough City Council.’

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Local Government Lawyer, June 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’

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Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk

Councils secure continuation of injunction over fuel terminal protests until May 2023 – Local Government Lawyer

Posted June 7th, 2022 in demonstrations, injunctions, local government, news, roads by sally

‘Essex County Council and Thurrock Council have secured an extension to May 2023 of an injunction which prevents protestors from blocking roads and vehicles at key fuel terminals and filling stations in the area.’

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Local Government Lawyer, 6th June 2022

Source: www.localgovernmentlawyer.co.uk

A deliberate act needs options to choose between. – Nearly Legal

Posted June 6th, 2022 in families, housing, interpretation, local government, news by tracey

‘Milton Laines Roman (R OAO) v London Borough of Southwark (2022) EWHC 1232 (Admin). This was a judicial review of LB Southwark’s refusal to place the claimant in Band 1 of its Allocation Scheme, on the basis that the claimant’s current overcrowding in a private tenancy was a ‘deliberate act’. It is something of a sequel to Flores in 2020 (our note here), raising further issues with LB Southwark’s policy on overcrowding priority and ‘deliberate acts’.’

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Nearly Legal, 5th June 2022

Source: nearlylegal.co.uk

Defending legal challenges to school exclusions – Local Government Lawyer

‘The High Court recently dismissed a judicial review challenge to a school exclusion decision. Alex Line looks at the lessons to be learned from the ruling.’

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Local Government Lawyer, 31st May 2022

Source: www.localgovernmentlawyer.co.uk

Housing case law update – May 2022 – Local Government Lawyer

‘Steven Wood, Kelly Lloyd and Sumi Begum analyse the latest housing law judgments of interest to housing associations and local authorities.’

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Local Government Lawyer, 6th June 2022

Source: www.localgovernmentlawyer.co.uk

Hands off our park: Shrewsbury takes its council to the supreme court – The Guardian

Posted June 6th, 2022 in appeals, housing, local government, news, parks, planning, Supreme Court by tracey

‘Row over Greenfields recreation ground could be a test case on selling English public land for housing.’

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The Guardian, 5th June 2022

Source: www.theguardian.com

City council prosecutes landlord for unlawfully evicting family of five – Local Government Lawyer

Posted May 27th, 2022 in harassment, housing, landlord & tenant, local government, news, repossession by sally

‘Chelmsford City Council has prosecuted a landlord who unlawfully evicted a family of five from their home in Chelmsford, Essex, it has been reported.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer

Posted May 26th, 2022 in families, housing, human rights, judicial review, local government, news by sally

‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

R (Sheakh) v Lambeth London Borough Council – Equality Law Blog

‘The Court of Appeal dismissed an appeal, based on the PSED, from the order of Kerr LJ refusing the claimant’s application for statutory and judicial review of experimental traffic orders (ETOs) creating Low Traffic Neighbourhoods which had been made by the respondent.’

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Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

Independent Review of Children’s Social Care urges shift from crisis intervention, calls for ‘expert child protection practitioner’ role, regional care cooperatives and increased support for kinship carers – Local Government Lawyer

Posted May 25th, 2022 in children, families, local government, news, social services by sally

‘The current system of children’s social care is increasingly skewed to crisis intervention and a radical reset is now “unavoidable”, the final report of the Independent Review of Children’s Social Care has said.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

Make legal advice available at GP surgeries and libraries, says think tank – Legal Futures

Posted May 23rd, 2022 in civil justice, doctors, legal advice, libraries, local government, news by sally

‘Making legal advice available at GP surgeries, council offices, libraries and other convenient locations can help more people get more “timely” access to civil justice, according to a think tank report published today.’

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Legal Futures, 23rd May 2022

Source: www.legalfutures.co.uk

Overhaul of children’s social care in England urgent and unavoidable, review finds – The Guardianship

‘An urgent multibillion-pound overhaul of children’s social care in England is needed to transform the life chances of thousands of vulnerable young people and reform a system that is spiralling out of control, a government-commissioned review has concluded.’

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The Guardian, 23rd May 2022

Source: www.theguardian.com

Judge rejects legal challenge to grant of planning permission in dispute over whether committee could impose condition requiring 12 ecological corridor – Local Government Lawyer

‘A High Court judge has dismissed a judicial review challenge of BCP Council’s decision to grant full planning permission for a substantial mixed use development in Bournemouth.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

Landlord loses court battle with local authority over costs agreement reached by his counsel – Local Government Lawyer

‘A cost agreement cannot be undone simply because one party claimed to have stopped instructing the barrister concerned.’

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Local Government Lawyer, 19th May 2022

Source: www.localgovernmentlawyer.co.uk

And no extensions – Nearly Legal

‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’

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Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

Landlord ordered to pay £230k over flats that were below minimum size standards and not in compliance with planning permission – Local Government Lawyer

‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’

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Local Government Lawyer, 17th May 2022

Source: www.localgovernmentlawyer.co.uk

Woman convicted of murdering baby she wanted to adopt – The Guardian

‘A former care worker who used physical force and lost her temper with a baby boy she was in the process of adopting has been found guilty of murder.’

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The Guardian, 17th May 2022

Source: www.theguardian.com