Category: local government

Private sector accommodation in discharge of duty – meeting the tests at the right time – Nearly Legal

Posted October 23rd, 2023 in appeals, health & safety, homelessness, housing, landlord & tenant, local government, news by tracey

‘Ayinla v London Borough of Newham. Central London County Court. 29 September 2023. The key issue was whether LB Newham had met the requirements of satisfying itself that a private sector tenancy offered in discharge of duty was suitable, with regard to the judgment in Hajjaj v City of Westminster (2021) EWCA Civ 1688 (our note) and the conditions in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012.’

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Nearly Legal, 22nd October 2023

Source: nearlylegal.co.uk

Procurements and losses suffered by group companies – Local Government Lawyer

Posted October 23rd, 2023 in citizenship, government departments, immigration, local government, news, public procurement, visas by tracey

‘A High Court judge earlier this month lifted an automatic suspension that was preventing the Home Office from entering into contracts worth more than £750m for visa and citizenship application services. Ed Williams and Nico Tilche look at the lessons to be learned.’

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

The Key Reforms of the Social Housing (Regulation) Act 2023 – Transparency, Influence and Accountability Standard – Local Government Lawyer

Posted October 23rd, 2023 in housing, landlord & tenant, local government, news by tracey

‘In this digest, Louise Leaver and Sarah Greenhalgh look at the impact of the Transparency, Influence and Accountability Standard.’

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Local Government Lawyer, 23rd October 2023

Source: www.localgovernmentlawyer.co.uk

Government consults on safe and legal routes for refugees – Home Office

Posted October 23rd, 2023 in asylum, consultations, government departments, immigration, local government, news, refugees by tracey

‘Local authorities will be consulted on plans to determine an annual cap on the number of refugees resettled in the UK each year, based on the UK’s capacity to accommodate and support people coming to the UK via safe and legal routes, as the government continues work to deliver its plan to stop the boats.’

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Home Office, 20th October 2023

Source: www.gov.uk

Court of Protection case law update – Local Government Lawyer

Posted October 20th, 2023 in autism, Court of Protection, hospitals, local government, medical treatment, news by tracey

‘Lauren Gardner and Eleanor Suthern round up the latest rulings of interest to Court of Protection practitioners.’

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

Is refusal of food indicative of lack of capacity? – Local Government Lawyer

Posted October 20th, 2023 in Court of Protection, food, hospitals, imprisonment, local government, mental health, murder, news, prisons, suicide by tracey

‘Ella Pudney discusses a recent Court of Protection case on the determination of capacity for the refusal of food in prison.’

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

London borough successfully prosecutes building owner over delays in removing dangerous cladding – Local Government Lawyer

Posted October 20th, 2023 in building law, delay, fire, health & safety, housing, landlord & tenant, local government, London, news by tracey

‘Newham is understood to have become the first local authority in Britain to successfully prosecute a building owner for failing to remove flammable cladding.’

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Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

When Icarus didn’t fly (again) – a tale of disclosure disaster – Drystone Chambers

Posted October 19th, 2023 in chambers articles, conspiracy, disclosure, fraud, local government, news by sally

‘One local authority learned last week of the dangers inherent in disclosure failures. Five members of Drystone Chambers successfully defended, four as leading juniors.’

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Drystone Chambers, 12th September 2023

Source: www.drystone.com

Suspended quashing orders and rolling judicial review as a means of monitoring compliance – Doughty Street Chambers

Posted October 19th, 2023 in asylum, chambers articles, children, housing, judicial review, local government, news by sally

‘The recent judgment of Chamberlain J in R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 2199 (Admin) (‘the ECPAT UK relief judgment’) provides a helpful example of the use of the new power under section 29A(1)(a) Senior Courts Act 1981 to suspend quashing orders, and the circumstances under which “rolling” judicial review may be appropriate to monitor compliance with a court order.’

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Doughty Street Chambers, 4th September 2023

Source: insights.doughtystreet.co.uk

Campaigners fail in High Court challenge to fracking permission – Local Government Lawyer

Posted October 19th, 2023 in areas of outstanding natural beauty, fracking, local government, news, planning by sally

“The High Court has rejected all six grounds argued by a local campaign group in a dispute over fracking in West Sussex.”

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Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

‘Two Ps’ – navigating two sets of best interests – Mental Capacity Law and Policy

Posted October 18th, 2023 in Court of Protection, local government, married persons, news by sally

‘In HH v Hywel Dda University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed analysis of how the Court of Protection should proceed in a “two P” situation: i.e a situation where two individuals both appear to lack the capacity to make the relevant decisions, and where those decisions are interconnected. In HH’s case, the individuals concerned were husband, AH, and wife, HH. For reasons that are very relevant to the husband and wife, but not relevant for the wider point, both were the subject of separate s.21A MCA 2005 proceedings. The question was whether they could (or should) be either consolidated or heard together by the same judge, a question which regularly arises, but which has not been the subject of a reported case.’

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Mental Capacity Law and Policy, 17th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Homelessness and evidence – Nearly Legal

Posted October 16th, 2023 in disabled persons, equality, evidence, homelessness, housing, judicial review, local government, news by tracey

‘Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin). A judicial review of what was alleged to be Westminster’s failure to meet its s.188(1) duty to secure suitable accommodation and breach of Public Sector Equality Duty.’

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Nearly Legal, 15th October 2023

Source: nearlylegal.co.uk

Family President issues revised practice guidance on approach of court to unregistered placements – Local Government Lawyer

Posted October 13th, 2023 in children, codes of practice, families, family courts, local government, news, placement orders by tracey

‘The President of the Family Division, Sir Andrew McFarlane, has published updated guidance on the Court’s approach to unregistered placements for children and young people.’

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Local Government Lawyer, 12th October 2023

Source: www.localgovernmentlawyer.co.uk

Implementation of Jade’s law – Local Government Lawyer

Posted October 13th, 2023 in bills, children, domestic violence, families, family courts, homicide, local government, murder, news, parental responsibility by tracey

‘Amrita Hurst, Hannah Taylor and Jake Barras look at the questions raised by Justice Secretary Alex Chalk’s plan to implement “Jade’s law”.’

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Local Government Lawyer, 13th October 2023

Source: www.localgovernmentlawyer.co.uk

Discharge of care orders – Local Government Lawyer

Posted October 13th, 2023 in care orders, children, families, local government, news by tracey

‘Dr Jo Staines, Dr Jessica Roy and Dr Beth Stone of the University of Bristol set out the issues that arise when applications are made by parents for the discharge of care orders in England and Wales.’

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Local Government Lawyer, 13th October 2023

Source: www.localgovernmentlawyer.co.uk

Rent increase and creation of a new tenancy – Nearly Legal

Posted October 11th, 2023 in bereavement, families, housing, landlord & tenant, local government, news, rent, repossession by tracey

‘Tower Hamlets Community Housing v The personal representative of Joseph Desir & Ors. County Court at Clerkenwell & Shoreditch. 19 April 2023. The late Mr & Mrs Desir had an assured tenancy from Tower Hamlets Community Housing. They both died in March 2020. Their daughter, Ms S Desir, applied to succeed on the basis of having lived there and having been her parents’ carer for the last 10 years. THCH made several demands for further evidence, and served notice to quit on the property and on the Public Trustee. THCH then brought the present possession proceedings, despite not having made a decision on succession.’

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Nearly Legal, 8th October 2023

Source: nearlylegal.co.uk

Judge rejects bid by boating groups for judicial review challenge over plans for increased mooring fees – Local Government Lawyer

Posted October 11th, 2023 in consultations, judicial review, local government, news, water by tracey

‘A High Court judge has rejected an application for judicial review over plans by Mayor Marvin Rees’ Cabinet at Bristol City Council to increase mooring fees in Bristol Harbour.’

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Local Government Lawyer, 10th October 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal by council in case where fact-finding process in care proceedings “went wrong” – Local Government Lawyer

Posted October 11th, 2023 in appeals, care orders, child cruelty, child neglect, children, evidence, families, local government, news by tracey

‘The Court of Appeal has allowed an appeal by a local authority and remitted for rehearing a case concerning findings of fact in care proceedings.’

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Local Government Lawyer, 10th October 2023

Source: www.localgovernmentlawyer.co.uk

Caring for unaccompanied children – Law Society’s Gazette

Posted October 10th, 2023 in asylum, children, immigration, local government, news by sally

‘In a sorry adjunct to the debate on the government’s asylum and immigration policies, the recent High Court case of R(ECPAT) v Kent County Council & others [2023] EWHC 1953 (Admin) has provided a concerning insight into the government’s approach to the reception of children into the UK who have no adult to accompany or care for them.’

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Law Society's Gazette, 6th October 2023

Source: www.lawgazette.co.uk

Government to progress stayed ordinary residence disputes after Supreme Court judgment – Local Government Lawyer

Posted October 9th, 2023 in appeals, government departments, local government, mental health, news, Supreme Court by sally

‘The Department of Health and Social Care (DHSC) has set out its position on the determination of ordinary residence disputes in light of the outcome of a recent landmark Supreme Court ruling.’

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Local Government Lawyer, 6th October 2023

Source: www.localgovernmentlawyer.co.uk