Call to sue councils that are ‘failing the vulnerable’ – Law Society’s Gazette

“The case of a mentally ill man who attempted suicide after being discharged from hospital to a park bench has prompted mental health solicitors to call on lawyers to sue local authorities that fail to provide adequate healthcare for some of society’s most vulnerable members.”

Full story

Law Society’s Gazette, 17th March 2011

Source: www.lawgazette.co.uk

School asbestos compensation puts councils under pressure – The Guardian

Posted March 10th, 2011 in asbestos, compensation, local government, news, school children by sally

“The government faces pressure to assess the risk of asbestos in schools following a landmark legal victory for the family of a woman who died after ‘low-level’ exposure as a secondary school pupil.”

Full story

The Guardian, 9th March 2011

Source: www.guardian.co.uk

Khyra Ishaq’s father sues council over starvation death – BBC News

Posted March 7th, 2011 in child neglect, local government, negligence, news, social services by sally

“The father of a girl who was starved to death after ‘missed opportunities’ by children’s services to save her is suing Birmingham City Council.”

Full story

BBC News, 4th March 2011

Source: www.bbc.co.uk

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) – WLR Daily

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) [2011] EWCA Civ 196; [2011] WLR (D) 69

“A child’s status as a ‘looked after child’ for the purposes of the Children Act 1989 did not come to an end when the local authority, by virtue of a statement of special educational needs under the Education Act 1996, arranged for him to be accommodated at a residential school.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is remoced.

New code to govern CCTV cameras – The Independent

“Police forces and councils who want to set up CCTV systems will have to be open and clear about what they will be used for and why under Home Office plans.”

Full story

The Independent, 1st March 2011

Source: www.independent.co.uk

How a secret court was made to open up – The Independent

“The Act of Parliament that created the Court of Protection was pushed through in a hurry, amid an outcry from dozens of MPs, as the government tried to get its outstanding business completed in time for the 2005 general election.”

Full story

The Independent, 1st March 2011

Source: www.independent.co.uk

How Protection of Freedoms Bill will work – BBC News

“MPs are to debate the government’s Protection of Freedoms bill later, which ministers claim will protect millions of people in England and Wales ‘from unwarranted state intrusion in their private lives’.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby – WLR Daily

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8; [2011] WLR (D) 64

“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Campaigners launch legal challenge to library closures – The Guardian

Posted February 24th, 2011 in judicial review, libraries, local government, news by sally

“Libraries are set to be a legal testing-ground for David Cameron’s vision of the ‘big society’, with lawyers arguing that the prime minister’s ‘vague notions’ are not enough to fulfil councils’ legal obligations to their library services.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Library cuts in Somerset and Gloucestershire challenged – BBC News

Posted February 23rd, 2011 in budgets, judicial review, libraries, local government, news by sally

“A High Court challenge is being launched over public library closures.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

Shooting councillor Stephen Govier prompts law review – BBC News

Posted February 23rd, 2011 in criminal records, disqualification, firearms, local government, news by sally

“The government is considering a change in the law after the BBC revealed a south London councillor had a gun crime conviction but could not be sacked.”

Full story

BBC News, 22nd February 2011

Source: www.bbc.co.uk

Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted February 18th, 2011 in community care, detention, law reports, local government, mental health by sally
“A  mental patient who was compulsorily detained under the Mental Health Act 1983 was not thereby to be treated as ‘resident’ in the local authority within whose area he was detained. On a proper construction of section 117(3) of the 1983 Act the patient’s ‘residence’ was distinct from his place of detention. Section 117 of the 1983 Act was the appropriate section, rather than section 21 of the National Assistance Act 1948, to determine which authority should have the responsibility of paying for the patient’s after-care accommodation.”
WLR Daily, 16th February 2011

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Councils defeat government over school buildings – BBC News

Posted February 11th, 2011 in education, judicial review, local government, news by sally

“The government has been defeated in the High Court over the way it scrapped part of England’s school building programme.”

Full story

BBC News, 11th February 2011

Source; www.bbc.co.uk

Court rejects fluoride challenge – The Independent

Posted February 11th, 2011 in health, judicial review, local government, news, water by sally

“A local health authority’s plans for the fluoridation of a city’s tap water was not unlawful, the High Court ruled today.”

Full story

The Independent, 11th February 2011

Source: www.independent.co.uk

Risk Management Partners Ltd v Brent London Borough Council and another – WLR Daily

Posted February 11th, 2011 in insurance, law reports, local government, tenders by sally

Risk Management Partners Ltd v Brent London Borough Council and another [2011] UKSC 7; [ 2011] WLR (D) 42

“A group of local authorities who awarded insurance contracts to a mutual insurance company they had set up for that purpose, without putting the contracts out to competitive tender, had not been acting contrary to the Public Contracts Regulations 2006.”

WLR Daily, 10th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ICO issues third fine for loss of unencrypted laptops – OUT-LAW.com

Posted February 11th, 2011 in data protection, encryption, fines, local government, news by sally

“Two local authorities have been fined a total of £150,000 by data protection watchdog the Information Commissioner after the theft of two laptops which, contrary to the councils’ policies, were not encrypted.”

Full story

OUT-LAW.com, 10th February 2011

Source: www.out-law.com

People get power to take CCTV abusers to court – Daily Telegraph

“Any member of the public will be able to refer a local authority for judicial review if they can argue their cameras were set up or are being used inappropriately.”

Full story

Daily Telegraph, 10th February 2011

Source: www.telegraph.co.uk

Residents lose ‘fight the flights’ court battle – The Independent

Posted January 20th, 2011 in airports, environmental protection, judicial review, local government, news, noise by sally

“Local residents have lost their High Court battle to block an ‘extremely large’ increase in the number of flights proposed for London City Airport.”

Full story

The Independent, 20th January 2011

Source: www.independent.co.uk

Eric Pickles curbs councils’ empty home seizure powers – BBC News

Posted January 7th, 2011 in empty dwelling management orders, housing, local government, news by sally

“Councils will have to wait two years before seizing empty homes under plans by Communities Secretary Eric Pickles.”

Full story

BBC News, 7th January 2011

Source: www.bbc.co.uk

The Public Sector Equality Duty – Speech by Mr. Justice Sales

Posted December 15th, 2010 in employment, equality, local government, speeches by sally

“Mr. Justice Sales gave a lecture for ELBA and ALBA on 13th December 2010.”

Full speech

Judiciary of England and Wales, 13th December 2010

Source: www.judiciary.gov.uk