Dialysis and different realities – the Court of Protection has to decide – Local Government Lawyer

‘In a recent ruling a senior judge has helpfully reminded us of the fact that a person with cognitive impairments may be operating within a very different reality to everyone else does not mean that it is a reality which can simply be ignored, writes Alex Ruck Keene KC (Hon).’

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Local Government Lawyer, 8th September 2023

Source: www.localgovernmentlawyer.co.uk

Denton and applications to set aside default judgments – Local Government Lawyer

‘The Court of Appeal has settled the uncertainty around whether the ruling in Denton applies to applications to set aside a default judgment, writes Alastair Cantor.’

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Local Government Lawyer, 8th September 2023

Source: www.localgovernmentlawyer.co.uk

Judge refuses to make deprivation of liberty order where local authority feared termination of placement if none made – Local Government Lawyer

‘A judge has refused a local authority’s application for authorisation of arrangements which have resulted in a teenage girl being deprived of her liberty whilst residing at a children’s home.’

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Local Government Lawyer, 6th September 2023

Source: www.localgovernmentlawyer.co.uk

High Court judge lifts suspension of order quashing deal between Kent and Home Office over unaccompanied asylum seeking children – Local Government Lawyer

‘A High Court judge has decided not to extend the suspension of an order quashing a deal brokered between the Home Secretary and Kent County Council that capped the number of unaccompanied asylum-seeking children (UAS children) the council had to accommodate.’

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Local Government Lawyer, 6th September 2023

Source: www.localgovernmentlawyer.co.uk

Applications for Anti-Social Behaviour Injunctions and Gang-Related Violence Injunctions – Local Government Lawyer

‘Richard Dewsbery reports on an important recent change to the Civil Procedure Rules that affects the N16A application form.’

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Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

Is an appropriate adult always appropriate? – Local Government Lawyer

Posted September 4th, 2023 in appeals, children, local government, news by tracey

‘Sally Gore analyses a Court of Appeal ruling that considered the fairness of an age assessment when an appropriate adult was not used for the short-form assessment/interview.’

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Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees Pret a Manger hit with £800k fine after employee trapped in walk-in freezer – Local Government Lawyer

Posted September 1st, 2023 in employment, fines, health & safety, local government, news by sally

‘A Westminster City Council investigation has led to coffee and sandwich giant Pret a Manger being fined £800,000 after a member of staff was left trapped and fearing for her life in a walk-in freezer for 2.5 hours.’

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Local Government Lawyer, 31st August 2023

Source: www.localgovernmentlawyer.co.uk

Borough secures High Court injunction against several defendants over site where caravans are parked – Local Government Lawyer

Posted September 1st, 2023 in injunctions, local government, news, planning, travellers by sally

‘The High Court has granted Waverley Borough Council an injunction against most defendants in a case concerning caravans parked on a site without planning permission.’

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Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

Leeds: Child asylum seekers wrongly classed as adults – report – BBC News

Posted August 31st, 2023 in asylum, children, government departments, hotels, housing, local government, news, reports by tracey

‘Thirty child asylum seekers were wrongly categorised as adults by the Home Office, according to a council report.’

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BBC News, 31st August 2023

Source: www.bbc.co.uk

Competition watchdog to investigate land banks, planning system and private rental sector – Local Government Lawyer

Posted August 30th, 2023 in competition, housing, inquiries, landlord & tenant, local government, news, planning by sally

‘The Competition and Markets Authority (CMA) has published an update on its housebuilding and private rental market inquiry, formally launched in February.’

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Local Government Lawyer, 29th August 2023

Source: www.localgovernmentlawyer.co.uk

Landowner who felled more than a hundred trees told to replant them – Local Government Lawyer

Posted August 30th, 2023 in environmental protection, local government, London, news, planning, trees by sally

‘The London Borough of Bromley has said it is considering all legal measures after ordering a landowner to replace 131 trees that were felled without permission.’

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Local Government Lawyer, 29th August 2023

Source: www.localgovernmentlawyer.co.uk

Mental health and security of occupation – Nearly Legal

Posted August 29th, 2023 in housing, judicial review, local government, mental health, news by sally

‘This was a judicial review of Haringey’s refusal to award Mr Islam Band A priority on its housing register, rather than Band B.’

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Nearly Legal, 28th August 2023

Source: nearlylegal.co.uk

Distance, affordability, suitability – Nearly Legal

Posted August 29th, 2023 in benefits, equality, homelessness, housing, local government, news, statutory duty by sally

‘This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest’s s.193 duty to Ms Webb-Harden. Ms Webb-Harden is a single mother with three children, who had lived in London all her life. She had become homeless from the termination of a private sector tenancy.’

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Nearly Legal, 28th August 2023

Source: nearlylegal.co.uk

Court of Appeal finds council had “due regard” to s149 Equality Act when offering accommodation in Walsall to single mother who had lived in London all her life – Local Government Lawyer

Posted August 25th, 2023 in appeals, children, equality, families, homelessness, housing, local government, London, news by sally

‘The Court of Appeal has dismissed a single mother’s appeal against a decision of a reviewing officer of the London Borough of Waltham Forest, finding that the accommodation offered to her was “reasonable and suitable”.’

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Local Government Lawyer, 24th August 2023

Source: www.localgovernmentlawyer.co.uk

Catherine Ellis Considers the Recent CA Case of G&H (Leave to Revoke Placement Order) [2023] EWCA Civ 768- Pump Court Chambers

‘This was an appeal by a grandmother against a refusal of her application under s24(2)(2) Adoption and Children Act 2002 (“the 2002 Act”) for leave to apply to revoke placement orders in respect of her grandchildren. The application for leave was made six weeks after the care and placement orders had been made.’

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Pump Court Chambers, 27th July 2023

Source: www.pumpcourtchambers.com

What Is Being Done To Find Unaccompanied Missing Children? – Each Other

Posted August 24th, 2023 in asylum, children, government departments, housing, local government, news by sally

‘In total, more than 400 unaccompanied children have gone missing under while under the care of the Home Office. The government has faced growing concerns from both peers and charities regarding the safety of these children; but what is being done to find them?’

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Each Other, 24th August 2023

Source: eachother.org.uk

Court of Appeal dismisses appeal over whether hostel room was “suitable accommodation” – Local Government Lawyer

Posted August 24th, 2023 in asylum, disabled persons, homelessness, housing, local government, news by sally

‘The Court of Appeal has dismissed a woman’s appeal against a decision that a room in a hostel was “suitable” accommodation for her to continue to occupy.’

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Local Government Lawyer, 23rd August 2023

Source: www.localgovernmentlawyer.co.uk

London borough agrees to pay £5,400 after failing to resolve damp and mould issues for more than three years – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration at Newham Council over how it dealt with damp and mould, with the London borough taking more than three years to fix the issue.’

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Local Government Lawyer, 22nd August 2023

Source: www.localgovernmentlawyer.co.uk

Administrative Justice Council makes recommendations on improving local authority SEND decisions – Local Government Lawyer

‘The Administrative Justice Council (AJC) has set out recommendations to improve the quality of local authority decision-making for children and young people with special educational needs and disabilities (SEND).’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

High Court rejects challenge over SEND, transgender needs and Public Sector Equality Duty – Local Government Lawyer

‘The High Court has rejected a claim brought by a transgender young person that the defendant council failed to comply with the Public Sector Equality Duty regarding his needs as a transgender person with an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk