Local government: cuts to library provision – Law Society’s Gazette
‘When local authorities plan to reduce, restructure or rationalise library services, litigation often results.’
Law Society’s Gazette, 16th January 2017
Source: www.lawgazette.co.uk
Category: local government
To me – To you – Nearly Legal
‘A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant. The central issue was whether, in the circumstances, Ealing could refuse a referral under the local connection provisions by RBK&C. However, the finding on ‘same facts’ second homeless applications has much broader application and should be taken note of by everyone.’
Nearly Legal, 15th January 2017
Source: www.nearlylegal.co.uk
City council wrongly decided child was not in need, High Court judge rules – Local Government Lawyer
‘Birmingham City Council acted wrongly when it decided that a child was not in need of accommodation in its area because his mother had recently left the London Borough of Bromley.’
Local Government Lawyer, 13th January 2017
Source: www.localgovernmentlawyer.co.uk
Expect more neighbourhood plan challenges in 2017, says expert, as parish council plan fails examination – OUT-LAW.com
‘An increasing number of neighbourhood plans will fail the independent examination stage in 2017, while those that do proceed to referendum could face additional legal challenges, an expert has predicted.’
OUT-LAW.com, 5th January 2017
Source: www.out-law.com
City heads to Supreme Court over council tax position where tenant moves out – Local Government Lawyer
‘Leeds City Council is to seek permission from the Supreme Court to appeal a key ruling over whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended.’
Local Government Lawyer, 5th January 2017
source: www.localgovernmentlawyer.co.uk
Police and council pay damages to children kept in care too long – BBC News
‘Two children who were kept in care for too long have been awarded damages from a police force and council.’
BBC News, 21st December 2016
Source: www.bbc.co.uk
Children ‘left at risk by government reform delay’ – BBC News
‘Children are being left “at risk of harm” because of the government’s failure to develop “credible” plans to improve child protection, MPs warn.’
BBC News, 16th December 2016
Source: www.bbc.co.uk
Child sex abuse ‘on an industrial scale’ at London care home revealed as alleged victims take inquiry into their own hands – The Independent
‘Lambeth Council faces paying out millions of pounds in compensation to children allegedly put at risk.’
The Independent, 15th December 2016
Source: www.independent.co.uk
Parish council wins High Court planning battle over village needs – Local Government Lawyer
‘East Bergholt Parish Council has won a case against Babergh District Council that it said would affect two more planning applications in the district and potentially other rural areas.’
Local Government Lawyer, 14th December 2016
Source: www.localgovernmentlawyer.co.uk
Four councils formally launch legal action over Heathrow expansion – Local Government Lawyer
‘Four local authorities have formally served legal papers accusing the Government of unlawfully supporting the expansion of Heathrow.’
Local Government Lawyer, 12th December 2016
Source: www.localgovernmentlawyer.co.uk
Applications for term-time absences rise after High Court ruling: research – Local Government Lawyer
‘Nearly one in three school leaders (31%) have reported an increase in the number of applications for term-time absences since a landmark High Court ruling in May this year, a survey by law firm Browne Jacobson has found.’
Local Government Lawyer, 9th December 2016
Source: www.localgovernmentlawyer.co.uk
Judge quashes permission in basement and permitted development rights case – Local Government Lawyer
‘A judge has quashed the London Borough of Camden’s grant of planning permission for a basement extension, deciding that the planning committee misdirected itself over the volume of associated engineering works.’
Local Government Lawyer, 6th December 2016
Source: www.localgovernmentlawyer.co.uk
Housing benefit – Local Government Law
‘Housing benefit is “a means tested benefit provided under section 130 of the Social Security Contributions and Benefits Act 1992 and subordinate regulations”. Its “purpose is to help claimants with their rental costs”. There is “a prescribed mechanism for determining in each case the appropriate maximum housing benefit”.’
Local Government Law, 5th December 2016
Casey report on integration calls for new oath for holders of public office – Local Government Lawyer
‘Standards of leadership and integrity in public office must be increased as part of efforts to improve social integration in Great Britain and bind communities together, Dame Louise Casey has said in a report.’
Local Government Lawyer, 5th December 2016
Source: www.localgovernmentlawyer.co.uk
Disability and homelessness: bringing home human rights – Cloisters
‘Sally Robertson considers the decision of R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), 27 July 2016 in this blog.’
Cloisters, 9th November 2016
Source: www.cloisters.com
Witness Protection: Can non-parties appeal critical findings made in a judgment which infringe their human rights? – UK Human Rights Blog
‘Re: W (A child) [2016] EWCA Civ 1140. A Family Court judgment was severely critical of two witnesses and the applicant local authority. In an oral “bullet point” judgment at the end of the hearing, the Judge found that the witnesses, a social worker (“SW”) and a police officer (“PO”), had improperly conspired to prove certain allegations regardless of the truth, or professional guidelines.’
UK Human Rights Blog, 30th November 2016
Source: www.ukhumanrightsblog.com
Known unknowns – Considering disability in homelessness – Nearly Legal
‘In Pieretti v Enfield LBC [2010] EWCA Civ 1104 (our note) the Court of Appeal held that under (the predecessor to) the Equality Act, in the course of Housing Act 1997 Part VII inquiries, a reviewing officer was required to carry out inquiries into an applicant’s disability that the Housing Act 1996 had not previously required, i.e. where the applicant had not raised the issue but the reviewing officer was on notice that there was a possibility that the applicant’s disability would be relevant. This second appeal concerned the nature and extent of those inquiries.’
Nearly Legal, 27th November 2016
Source: www.nearlylegal.co.uk
Local Plans – Local Government Law
‘East Staffordshire BC v SoS for CLG [2016] EWHC 2973 (Admin) raised an issue about the scope and effect of paragraph [14] of the National Planning Policy Framework (“NPPF”) on the presumption in favour of the grant of planning approval to sustainable developments which are consistent with Local Plans.’
Local Government Law, 23rd November 2016
Old development plans – Local Government Law
‘Should planning policies be given reduced weight on account of their age? No, says the Court of Appeal in Gladman Developments Ltd v Daventry District Council (2016) EWCA Civ 1146.’
Local Government Law, 24th November 2016
Naming your Abusers – UK Human Rights Blog
‘Armes v Nottinghamshire County Council [2016] EWHC 2864 (QB).The right of a claimant to name the people who abused her prevailed over the rights of the perpetrators and others to private and family life.’
UK Human Rights Blog, 23rd November 2016
Source: www.ukhumanrightsblog.com
