Ombudsman raps council over cuts to support given to man with special needs – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has criticised the London Borough of Bromley after it significantly reduced the support package provided to a man with special needs.’

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Local Government Lawyer, 30th May 2018

Source: www.localgovernmentlawyer.co.uk

Claimant fails in damages claim against council for housing breaches – Local Government Lawyer

Posted May 31st, 2018 in damages, housing, human rights, local government, news by sally

‘A woman left in unsuitable housing is not entitled to damages from the London Borough of Enfield, the High Court has said.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Prosecution over unauthorised vehicle repair business leads to £120k+ confiscation orders – Local Government Lawyer

Posted May 31st, 2018 in confiscation, costs, enforcement, fines, local government, news, planning by sally

‘Two companies that allowed an unauthorised vehicle repair business to be run without planning permission have been ordered to pay more than £120,000 under confiscation orders obtained by Wokingham Borough Council.’

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Local Government Lawyer, 30th May 2018

Source: www.localgovernmentlawyer.co.uk

London borough secures its largest ever confiscation order for planning breaches – Local Government Lawyer

Posted May 30th, 2018 in confiscation, costs, fines, local government, news, planning, proceeds of crime by sally

‘Islington Council has secured a confiscation order of £304,458 under the Proceeds of Crime Act against a property company which converted a single dwelling into five flats without planning permission.’

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Local Government Lawyer, 29th May 2018

Source: www.localgovernmentlawyer.co.uk

Cambridge City Council secures injunction on punt operators using its riverside land – Local Government Lawyer

Posted May 30th, 2018 in canals, injunctions, licensing, local government, news by sally

‘Cambridge City Council has secured an interim High Court injunction to ban unauthorised punt businesses from using council owned land along the middle river to access the River Cam.’

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Local Government Lawyer, 29th May 2018

Source: www.localgovernmentlawyer.co.uk

Ambit of Code of Conduct – Local Government Law

Posted May 24th, 2018 in bullying, harassment, judicial review, local government, news, ultra vires by sally

‘The main issue in R (Harvey) v Ledbury Town Council (2018) EWHC 1151 (Admin) was an issue as to jurisdiction, namely a dispute between the parties as to whether it was open to the Council to proceed against a member outside its Code of Conduct under the Localism Act 2011 (“the 2011 Act”). Cockerill J held that the Council by doing so acted ultra vires. It was contrary to the intention of Parliament as expressed in the 2011 Act to run a process in tandem with or as an alternative to the Code of Conduct process envisaged by the 2011 Act.’

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Local Government Law, 23rd May 2018

Source: local-government-law.11kbw.com

Council “did not have vires to lease part of common to pre-school nursery” – Local Government Lawyer

Posted May 24th, 2018 in commons, education, leases, local government, news, ultra vires by sally

‘The London Borough of Wandsworth did not have the vires to lease premises situated on a common to a private pre-school operator, the Court of Appeal has ruled.’

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Local Government Lawyer, 23rd May 2018

Source: www.localgovernmentlawyer.co.uk

Birmingham man fails to overturn gang injunction – BBC News

Posted May 24th, 2018 in gangs, human rights, injunctions, local government, news by sally

‘Gang injunctions that can ban individuals from towns and cities do not breach European human rights laws, a court has ruled. Appeal court judges made the ruling after a challenge by a 21-year-old who was made the subject of a Birmingham City Council banning order.’

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BBC News, 23rd May 2018

Source: www.bbc.co.uk

Village Green – Local Government Law

Posted May 17th, 2018 in commons, land registration, local government, news by sally

‘In Cotham School v Bristol City Council (2018) EWHC 1022 (Admin) the Council is the owner of the freehold interest in Stoke Lodge Playing Fields. It is also the Commons Registration Authority empowered to register land as a town or village green pursuant to Section 15 Commons Act 2006. In 2011 application was made to register the land as a town or village green. The applicant was acting on behalf of an unincorporated association known as “Save Stoke Lodge Parkland”. Objections to the application were received. In the face of conflicting views about whether the land should be registered the registration authority decided that it would appoint an Inspector to make a recommendation about whether the land should be registered. In May 2013 the Inspector issued a Report in which he recommended that the land should be registered as a green. However, that recommendation was not implemented. In the years immediately following the publication of the Report there were a number of cases proceeding through the Courts which were relevant to the issues raised in this case. Ultimately a decision was taken that before a decision was made as to whether the land should be registered the Inspector should conduct a non-statutory Public Inquiry at which oral evidence would be given. In June and July 2016 the Inspector conducted such an Inquiry. In October 2016 the Inspector produced a comprehensive written Report. In it, he recommended that the land should not be registered as a green. He expressed the view that one aspect of the statutory test for registration had not been satisfied. The Inspector’s Report was considered at the Public Rights of Way and Greens Committee of the Council in December 2016. In the event the Committee resolved (on the Chair’s casting vote) to reject the Inspector’s recommendation and to grant the application for registration.’

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Local Government Law, 16th May 2018

Source: local-government-law.11kbw.com

Chief Planner warns local planning authorities on GDPR and data protection – Local Government Lawyer

Posted May 16th, 2018 in data protection, local government, news, planning by sally

‘The Chief Planner has written to local planning authorities (LPAs) to remind them of the importance of complying with their data protection responsibilities when they exercise their planning functions.’

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Local Government Lawyer, 15th May 2018

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear case on community benefit fund as material consideration – Local Government Lawyer

Posted May 16th, 2018 in local government, news, planning, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a local planning authority was entitled to take into account as a material consideration the offer of a community benefit fund donation, it has been reported.’

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Local Government Lawyer, 14th May 2018

Source: www.localgovernmentlawyer.co.uk

Councils demand streamlined court process for fly-tipping offences – Local Government Lawyer

Posted May 15th, 2018 in costs, enforcement, local government, news, penalties, waste by sally

‘Councils have called on the Government to “urgently streamline” the courts and prosecution process for fly-tipping offences.’

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Local Government Lawyer, 14th May 2018

Source: www.localgovernmentlawyer.co.uk

Court of Appeal: No duty of care on council to control roadside vegetation – Litigation Futures

Posted May 14th, 2018 in duty of care, local government, news, roads, trees by sally

‘The Court of Appeal has rejected an attempt by a cyclist to impose a duty of care on central or local government to prevent roadside vegetation from impairing visibility for road users, saying there would “potentially serious and costly consequences” in doing so “for very little practical gain”.’

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Litigation Futures, 9th May 2018

Source: www.litigationfutures.com

Incremental changes to alcohol licensing guidance take effect – OUT-LAW.com

Posted May 11th, 2018 in licensed premises, licensing, local government, news by sally

‘Updated guidance setting out how licensing authorities in England and Wales should carry out their duties under the 2003 Licensing Act is now in force, following publication by the Home Office.’

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OUT-LAW.com, 10th May 2018

Source: www.out-law.com

Family Division judge refuses council permission to withdraw care proceedings – Local Government Lawyer

Posted May 11th, 2018 in care orders, children, local government, news, terrorism by sally

‘A Family Division judge has refused an application by the London Borough of Tower Hamlets to have care proceedings for child C either dismissed or withdrawn.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Judge slams council for failing in duty of candour to the court – Litigation Futures

‘The High Court has slammed a London council for failing in its duty of candour and told lawyers that they have a responsibility to ensure that all those involved in local authorities are comply with their duty.’

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Litigation Futures, 10th May 2018

Source: www.litigationfutures.com

Council defeats Court of Appeal challenge over road accident and vegetation – Local Government Lawyer

Posted May 10th, 2018 in appeals, duty of care, local government, news, road safety, roads by sally

‘Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Welsh council wins appeal over whether SEN allowance was payable to teachers – Local Government Lawyer

‘A Welsh council has won an appeal over whether former teachers were entitled to be paid SEN (Special Educational Needs) allowance under their contracts. The Employment Tribunal had held that the conditions for entitlement were satisfied in each case, and accordingly, that Swansea City Council’s failure to pay SEN allowance was a breach of contract.’

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Local Government Lawyer, 2nd May 2018

Source: www.localgovernmentlawyer.co.uk

Council defeats Court of Appeal challenge to eviction process – Local Government Lawyer

Posted May 1st, 2018 in appeals, landlord & tenant, local government, news, repossession by sally

‘Ashfield District Council was entitled to evict a tenant even though the circumstances differed from those in a court order, the Court of Appeal has ruled.’

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Local Government Lawyer, 30th April 2018

Source: www.localgovernmentlawyer.co.uk

Council wins High Court battle over viability and amount of affordable housing – Local Government Lawyer

Posted May 1st, 2018 in construction industry, housing, local government, news, planning by sally

‘A Planning Court judge has ruled in favour of the London Borough of Islington in a long-running dispute over a major development which it has said will provide insufficient affordable homes.’

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Local Government Lawyer, 30th April 2018

Source: www.localgovernmentlawyer.co.uk