Data protection fine shows security risks from using open source software cannot be ignored, says expert – OUT-LAW.com

Posted June 15th, 2017 in computer programs, data protection, fines, local government, news by sally

‘A six-figure fine issued to a local authority in England for a breach of UK data protection laws should serve as a reminder to all organisations of their need to manage the security risks inherent in using ‘open source’ software, an expert has said.’

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OUT-LAW.com, 15th June 2017

Source: www.out-law.com

Ombudsman criticises council for “systemic fault” in care home charging policy – Local Government Lawyer

Posted June 15th, 2017 in care homes, complaints, local government, news, social services by sally

‘The Local Government and Social Care Ombudsman has criticised a council for a “systemic fault” in its charging policy for care homes that could have affected a number of people in its area.’

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Local Government Lawyer, 14th June 2017

Source: www.localgovernmentlawyer.co.uk

Council hit with £100k fine after cyber attack during IT outsourcing – Local Government Lawyer

‘A city council has been hit with a £100,000 monetary penalty after leaving employees’ personal information vulnerable to a cyber attacker who exploited a flaw in the authority’s website.’

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Local Government Lawyer, 12th June 2017

Source: www.localgovernmentlawyer.co.uk

Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC) – Tanfield Chambers

‘The Upper Tribunal reversed decisions from the First Tier Tribunal in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

Oliver v Sheffield City Council [2017] EWCA Civ. 225 – Tanfield Chambers

‘A local authority was required to give credit to leaseholders for funds received from third-parties when recovering a contribution to the cost of major works.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

An unsatisfactory situation – Tanfield Chambers

‘Since the Supreme Court turned the law of dispensation from the consultation requirements upside down in Daejan Investments Ltd v Benson [2013] UKSC 14; [2013] 2 EGLR 45, the Upper Tribunal has been troubled with very few cases involving the requirements to consult leaseholders on major works. However, the decision in Lessees of Foundling Court and O’Donnell Court v Camden London Borough Council and others [2016] UKUT 366 (LC); [2016] EGLR 59 has rewritten preconceptions as to who needs to be consulted and caused landlords some new headaches.’

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Tanfield Chambers, 12th June 2017

Source: www.tanfieldchambers.co.uk

R (C) v Islington LBC – Arden Chambers

‘The Administrative Court has held that priority within a housing allocation scheme providing that existing social housing tenants are to be preferred over other applicants, such as the homeless and women fleeing domestic violence, for certain local lettings of eg new and refurbished accommodation was justified and accordingly had not been unlawfully discriminatory for the purposes of art.14 and ss.19, 29 Equality Act 2010; the introduction of the local lettings policies had complied with s.149 Equality Act 2010 and s.11 Children Act 2004; but the operation of a system of direct offers, used particularly to allocate accommodation to homeless applicants, had not been sufficiently set out in the scheme and was accordingly unlawful.’

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Arden Chambers, 31st May 2017

Source: www.ardenchambers.com

Recovering costs – helpful hints (private law) – Local Government Lawyer

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

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Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

Judge agrees natural father should not be given notice of care proceedings – Local Government Lawyer

‘A natural father need not be given a copy of a notice of care proceedings where this would create a risk for the mother, HHJ Bellamy has ruled in the Family Court.’

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Local Government Lawyer, 6th June 2017

Source: www.localgovernmentlawyer.co.uk

Making it up as you go – Nearly Legal

‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’

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Nearly Legal, 6th June 2017

Source: nearlylegal.co.uk

Judge dismisses prosecution of taxi company over cross-border bookings – Local Government Lawyer

‘A taxi firm did not break the law when an automated booking system allocated a customer enquiry in one local authority area to a cab owned by the same firm but licensed by a neighbouring council.’

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Local Government Lawyer, 6th June 2017

Source: www.localgovernmentlawyer.co.uk

Council fined £150k for publishing sensitive data in online planning documents – Local Government Lawyer

‘Basildon Borough Council has been fined £150,000 by the Information Commissioner’s Office (ICO) for publishing sensitive personal information about a family in planning application documents that were made publicly available online.’

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Local Government Lawyer, 31st May 2017

Source: www.localgovernmentlawyer.co.uk

Council ordered to pay £45k in fines and costs after apprentice injured – Local Government Lawyer

‘A city council has been ordered to pay £45,000 in fines and costs after an apprentice suffered serious hand injuries.’

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Local Government Lawyer, 30th May 2017

Source: www.localgovernmentlawyer.co.uk

Resident pursues judicial review over development partner choice – Local Government Lawyer

Posted May 24th, 2017 in judicial review, local government, London, news, planning by sally

‘A local resident is to launch a legal challenge to the London Borough of Haringey’s decision to press ahead with a development vehicle for one of the country’s largest regeneration schemes.’

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Local Government Lawyer, 22nd May 2017

Source: www.localgovernmentlawyer.co.uk

Agent claiming to be unaware property was HMO, loses appeal over £20k fine – Local Government Lawyer

‘A lettings agent that claimed that it was unaware a property was a house in multiple occupation (HMO) has lost its appeal over a £20,000 fine.’

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Local Government Lawyer, 22nd May 2017

Source: www.localgovernmentlawyer.co.uk

Regrette rien – Nearly Legal

Posted May 22nd, 2017 in homelessness, housing, judicial review, local government, London, news by tracey

‘R (oao Sambotin) v London Borough of Brent (2017) EWHC 1190 (Admin). Once a local authority has made a homeless decision under section 184 Housing Act 1996, can it change its mind? That was the issue in this judicial review.’

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Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

‘A council’s bid to obtain a confiscation order over planning enforcement breaches has been halted after a ruling that the indication of pleas of guilty on the two defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error.’

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Local Government Lawyer, 19th May 2017

Source: www.localgovernmentlawyer.co.uk

Ex-mayor of Tower Hamlets challenges election court ruling – The Guardian

Posted May 18th, 2017 in corruption, disqualification, elections, local government, London, news by tracey

‘The former mayor of Tower Hamlets Lutfur Rahman has launched a legal challenge to a court ruling that bans him from standing for election.’

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The Guardian, 17th May 2017

Source: www.guardian.co.uk

Opposition group crowd funds judicial review of sale of farms by council – Local Government Lawyer

Posted May 17th, 2017 in judicial review, local government, news, sale of land by sally

‘An opposition group on Herefordshire Council is seeking to crowd fund a judicial review challenge over the local authority’s decision to sell off its farm estate.’

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Local Government Lawyer, 16th May 2017

Source: www.localgovernmentlawyer.co.uk

Tribunal refuses call to order disclosure of counsel’s opinion obtained by county – Local Government Lawyer

Posted May 16th, 2017 in disclosure, local government, news, solicitors, tribunals by sally

‘A First-Tier Tribunal has refused a call from a retired solicitor to order a county council to disclose counsel’s opinion.’

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Local Government Lawyer, 15th May 2017

Source: www.localgovernmentlawyer.co.uk