Covid and cancelled school trips – Local Government Lawyer

Posted July 19th, 2023 in compensation, coronavirus, holidays, local government, news, school children by tracey

‘Sarah Prager KC analyses the latest instalment in the great Covid refund saga.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds deficient reasoning from Family Court judge when making findings of fact – Local Government Lawyer

‘The Court of Appeal has set aside a family court judgment, after finding an “absence of recorded analysis” in the oral judgment that was delivered in only an hour.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Ombudsman raps landlord over Equality Act failures, issuing of invalid section 21 notice – Local Government Lawyer

‘The Housing Ombudsman has sharply criticised a landlord for repeatedly failing to have sufficient regard for its obligations under the Equality Act 2010, and told it to review how it issues section 21 notices.’

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Local Government Lawyer, 12th July 2023

Source: www.localgovernmentlawyer.co.uk

Airbase asylum plans: High Court gives permission to councils’ challenge – BBC News

‘A legal bid to challenge the Home Office’s decision to use former airbases to house asylum seekers has been approved by the High Court.’

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BBC News, 14th July 2023

Source: www.bbc.co.uk

City fined £200k after grass cutting and arboriculture staff develop hand arm vibration syndrome and carpal tunnel syndrome – Local Government Lawyer

Posted July 13th, 2023 in fines, health & safety, local government, news, parks, trees by sally

‘Plymouth City Council has been fined £200,000 after its failures led to employees developing hand arm vibration syndrome (HAVS) and carpal tunnel syndrome (CTS).’

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Local Government Lawyer, 12th July 2023

Source: www.localgovernmentlawyer.co.uk

Hospital discharge and subsequent placement should be considered as separate matters when determining capacity: CoP – Local Government Lawyer

‘The Court of Protection has allowed an appeal against a decision that a woman lacked capacity to consent to discharge from hospital and to be placed in specified accommodation, saying that the discharge and placement offer should have been treated as separate matters.’

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Local Government Lawyer, 11th July 2023

Source: www.localgovernmentlawyer.co.uk

Case Note on the Supreme Court case of R (Maguire) v The Coroner for Blackpool & Fylde [2023] UKSC 20 – 2 Hare Court

‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’

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2 Hare Court, 30th June 2023

Source: www.2harecourt.com

NHS trust brings judicial review against three councils in bid to secure £1.8m in developer contributions – Local Government Lawyer

Posted July 10th, 2023 in budgets, hospitals, housing, judicial review, local government, news, planning by sally

‘The High Court is set to hear a challenge from Worcestershire Acute Hospitals NHS Trust over a decision by three local councils to refuse its request for developer contributions towards healthcare service provision before approving a 2,200-dwelling development.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Operating CCTV lawfully – Local Government Lawyer

‘A county court judge has ruled that Islington Council’s operated its CCTV system lawfully. Sam Fowles explains why.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Housing case law update: June 2023 – Local Government Lawyer

‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

High Court begins hearing judicial review against Home Office and London borough over support for child trafficking victims – Local Government Lawyer

‘The High Court is this week (4-5 July) hearing a judicial review challenge brought by a child trafficking victim who contends he was not given any specialist support for his trafficking-related needs from the Home Office and his local authority for several years.’

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Local Government Lawyer, 5th July 2023

Source: www.localgovernmentlawyer.co.uk

Council defeats High Court challenge over sale of large plot of land next to football stadium – Local Government Lawyer

Posted July 6th, 2023 in judicial review, local government, news, sale of land by sally

‘West Northamptonshire Council has successfully defended a judicial review challenge brought by an unsuccessful bidder over the local authority’s decision to sell land adjacent to Sixfields Stadium, the home of Northampton Town Football Club.’

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Local Government Lawyer, 5th July 2023

Source: www.localgovernmentlawyer.co.uk

A Date to Remember – Withdrawing Election Petitions – 4-5 Gray’s Inn Square

Posted July 5th, 2023 in chambers articles, elections, local government, news by sally

‘The prospect of an election being challenged by an election petition is something that will no doubt form the stuff of nightmares for many of the readers of this magazine. However, it may happen and the recent case of Afzal v Khan & Ors [2023] EWHC 376 (KB)1 has given the High Court the opportunity to set out the law on some of the powers an Election Court has in deciding an Election Petition, in particular as to what it should do when the Petitioner decides they no longer wish to pursue it.’

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4-5 Gray's Inn Square, 1st June 2023

Source: www.4-5.co.uk

Landlord claimed to be “lost at sea” ordered to pay £44k over housing offence – Local Government Lawyer

‘A South Gloucestershire landlord has been ordered to pay more than £44,000 after a court found him guilty of a serious housing offence and for contravening a Local Government Act.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

Information Commissioner issues enforcement notice against London borough over handling of FOI requests – Local Government Lawyer

‘The Information Commissioner’s Office (ICO) has issued an enforcement notice to Croydon Council for its poor handling of requests made under the Freedom of Information Act (FOIA) 2000.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

Children’s Commissioner for England calls for “radical rehaul” of SEND system as demand for Education, Health and Care Plans reaches new highs – Local Government Lawyer

‘The Children’s Commissioner, Dame Rachel de Souza, has called for a “radical rehaul of the SEND system” and “swift implementation of the SEND Improvement Plan” after recent data from the Department for Education showed that nearly 1.2 million children in England have special educational needs support without an Education, Health and Care plan (EHCP), up 4.7% in 2022.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

ULEZ expansion: Low emission zone challenge to start at High Court – BBC News

Posted July 4th, 2023 in local government, London, news, pollution, road traffic, tolls by sally

‘A judicial review into Sadiq Khan’s plans to expand London’s Ultra-Low Emission Zone (ULEZ) is due to get under way at the High Court.’

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BBC News, 4th July 2023

Source: www.bbc.co.uk

Appeals against Housing Act 2004 decisions as a “rehearing” – Local Government Lawyer

Posted July 3rd, 2023 in appeals, fraud, housing, landlord & tenant, licensing, local government, news, reasons by tracey

‘In a recent case the Court of Appeal has held that when a First-tier Tribunal (Property Chamber) (“the FTT”) hears an appeal against a decision under the Housing Act 2004 as a “rehearing”, the FTT must consider whether the authority’s decision was wrong by reference to facts that existed at the time of its decision, and must also give sufficient deference to the authority’s original decision. Simon Kiely and Francesca Gallagher analyse the ruling.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Selective licensing offences and the level of civil penalties – Local Government Lawyer

Posted July 3rd, 2023 in fines, housing, landlord & tenant, licensing, local government, news by tracey

‘Simon Kiely and Francesca Gallagher examine useful Upper Tribunal guidance on the approach the First-Tier Tribunal should adopt when considering the level of civil penalties on appeal.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Rhiannon Ogden-Jones: Legal Uncertainty and the Levelling-Up and Regeneration Bill 2023 – UK Constitutional Law Association

Posted July 3rd, 2023 in bills, constitutional law, local government, news, planning by tracey

‘The Levelling-Up and Regeneration Bill (“LURB”), currently before the House of Lords, aims to facilitate the government’s levelling-up agenda, which was set out in the ‘Levelling-Up the United Kingdom’ White Paper in 2022. At 222 clauses and 18 schedules, full consideration of the Bill (as amended in Committee, 24th May 2023) would require more than a blog post, but its legislative aims can be somewhat succinctly expressed. The Bill proposes a scheme of local government and planning reforms, each aimed at promoting regional growth and “levelling-up”. Part I sets out the scope of levelling-up, detailing the obligations of the government in determining a levelling-up agenda. Part II then proposes a series of reforms to local democracy, devolving governance powers further to county councils, and giving them greater control to determine regional projects. The theme of project infrastructure continues, with Parts III-V and VIII-IX of the Bill reforming planning law and establishing different support mechanisms for development, including an infrastructure levy and providing for development corporations. Alongside the planning provisions, Parts VI-VII reform Environmental Impact Assessments and Nutrient Pollution Standards, establishing a new framework for these environmental tests.’

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UK Constitutional Law Association, 28th June 2023

Source: ukconstitutionallaw.org