Serious incidents more common in for-profit children’s homes in England – The Guardian

‘Serious incidents involving the police and whistleblowing complaints are more common in private children’s homes run to make a profit than in homes run by charities and councils, data suggests.’

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The Guardian, 28th June 2022

Source: www.theguardian.com

Everyone in – Lambeth lacking a policy – Nearly Legal

‘While in some ways this is a decision on an historic context (hopefully), there is a lot in this judgment on local authority approaches to housing in a public health emergency to consider.’

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Nearly Legal, 26th June 2022

Source: nearlylegal.co.uk

Land Value Capture Via CPO – Local Government Lawyer

Posted June 27th, 2022 in bills, compensation, compulsory purchase, consultations, local government, news by tracey

‘Simon Ricketts examines the Government’s proposed reforms in relation to compensation following compulsory purchase.’

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Local Government Lawyer, 24th June 2022

Source: www.localgovernmentlawyer.co.uk

Adjudicator reaches decision in “procedurally unjust manner” so not enforced – Practical Law: Construction Blog

‘Sometimes it feels that, as an adjudicator, you are damned if you do and are also damned if you don’t. In this case – Liverpool CC v Vital Infrastructure Asset Management (Viam) Ltd (In Administration) – it was both what the adjudicator did do and what he didn’t do that led the judge to issue a declaration that his decision was unenforceable. But how did the judge, HHJ Stephen Davies, arrive at this point?’

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Practical Law: Construction Blog, 21st June 2022

Source: constructionblog.practicallaw.com

Judge rejects legal challenge to decision-making for distributor road serving 7,500-home scheme – Local Government Lawyer

Posted June 23rd, 2022 in consultations, judicial review, local government, news, planning, roads by sally

‘A judicial review challenging Wiltshire Council’s decision-making in relation to a major new distributor road serving a large-scale development project, the Future Chippenham programme, has been dismissed by a High Court judge.’

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Local Government Lawyer, 21st June 2022

Source: www.localgovernmentlawyer.co.uk

High Court quashes planning permission over flawed report from planning officer – Local Government Lawyer

Posted June 22nd, 2022 in housing, judicial review, local government, news, planning by sally

The High Court has quashed Bristol City Council’s grant of planning permission for a 62-home development on a former zoo car park, following a judicial review claim that argued the local authority based its decision on a flawed planning officer’s report.

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Local Government Lawyer, 21st June 2022

Source: www.localgovernmentlawyer.co.uk

‘Serious failings’ left children exposed to abuse in Oldham, finds damning review – The Guardian

Posted June 21st, 2022 in child abuse, local government, news, police, rape, reports, taxis by sally

‘Vulnerable children were left exposed to sexual exploitation in Oldham because of “serious failings” by the police and council, a damning independent review has found.’

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The Guardian, June 2022

Source: www.theguardian.com

High Court judge quashes determination of coroner not to hold Article 2 investigation – Local Government Lawyer

Posted June 21st, 2022 in children, coroners, inquests, local government, mental health, news by sally

‘A High Court judge has quashed a coroner’s ruling that the inquest into the death of a 16-year-old girl will not investigate in what circumstances she came by her death.’

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Local Government Lawyer, 20th June 2022

Source: www.localgovernmentlawyer.co.uk

Divisional Court rejects bid by major retailer to have knife sale case thrown out as abuse of process – Local Government Lawyer

‘Retailer Argos has failed in a bid to have proceedings brought against it by London Borough of Barking & Dagenham stayed as an abuse of the process of the court.’

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Local Government Lawyer, 16th June 2022

Source: www.localgovernmentlawyer.co.uk

Burying of Victorian bridge in Cumbria must be reversed, says council – The Guardian

Posted June 17th, 2022 in complaints, local government, news, planning, railways, repairs, roads by tracey

‘The government’s road agency will be forced to remove hundreds of tonnes of concrete it used to bury a Victorian bridge arch despite offering a £450,000 sweetener to allow the controversial scheme to stay. Eden district council’s planning committee resisted the offer by unanimously deciding to refuse National Highways (NH) retrospective planning permission for a crude infilling project at Great Musgrave, Cumbria, that was widely condemned as “cultural vandalism”.’

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The Guardian, 16th June 2022

Source: www.theguardian.com

Court of Appeal to consider appeal from council over whether cost of holidays and recreation for people with care needs can fall to be met under Care Act 2014 – Local Government Lawyer

Posted June 15th, 2022 in appeals, benefits, disabled persons, holidays, local government, news by sally

‘The Court of Appeal will this week (16 June) will this week consider the role of local authorities, under the Care Act 2014, in respect of facilitating holidays and recreation for people with care needs.’

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Local Government Lawyer, 14th June 2022

Source: www.localgovernmentlawyer.co.uk

Landlord jailed for 12 months over illegal eviction of tenant – Local Government Lawyer

Posted June 14th, 2022 in harassment, landlord & tenant, local government, news, sentencing by sally

‘A Peterborough landlord has been sentenced to 12 months imprisonment for the illegal eviction and harassment of a private tenant, following a prosecution brought by Peterborough City Council.’

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Local Government Lawyer, June 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’

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Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk

Councils secure continuation of injunction over fuel terminal protests until May 2023 – Local Government Lawyer

Posted June 7th, 2022 in demonstrations, injunctions, local government, news, roads by sally

‘Essex County Council and Thurrock Council have secured an extension to May 2023 of an injunction which prevents protestors from blocking roads and vehicles at key fuel terminals and filling stations in the area.’

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Local Government Lawyer, 6th June 2022

Source: www.localgovernmentlawyer.co.uk

A deliberate act needs options to choose between. – Nearly Legal

Posted June 6th, 2022 in families, housing, interpretation, local government, news by tracey

‘Milton Laines Roman (R OAO) v London Borough of Southwark (2022) EWHC 1232 (Admin). This was a judicial review of LB Southwark’s refusal to place the claimant in Band 1 of its Allocation Scheme, on the basis that the claimant’s current overcrowding in a private tenancy was a ‘deliberate act’. It is something of a sequel to Flores in 2020 (our note here), raising further issues with LB Southwark’s policy on overcrowding priority and ‘deliberate acts’.’

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Nearly Legal, 5th June 2022

Source: nearlylegal.co.uk

Defending legal challenges to school exclusions – Local Government Lawyer

‘The High Court recently dismissed a judicial review challenge to a school exclusion decision. Alex Line looks at the lessons to be learned from the ruling.’

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Local Government Lawyer, 31st May 2022

Source: www.localgovernmentlawyer.co.uk

Housing case law update – May 2022 – Local Government Lawyer

‘Steven Wood, Kelly Lloyd and Sumi Begum analyse the latest housing law judgments of interest to housing associations and local authorities.’

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Local Government Lawyer, 6th June 2022

Source: www.localgovernmentlawyer.co.uk

Hands off our park: Shrewsbury takes its council to the supreme court – The Guardian

Posted June 6th, 2022 in appeals, housing, local government, news, parks, planning, Supreme Court by tracey

‘Row over Greenfields recreation ground could be a test case on selling English public land for housing.’

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The Guardian, 5th June 2022

Source: www.theguardian.com

City council prosecutes landlord for unlawfully evicting family of five – Local Government Lawyer

Posted May 27th, 2022 in harassment, housing, landlord & tenant, local government, news, repossession by sally

‘Chelmsford City Council has prosecuted a landlord who unlawfully evicted a family of five from their home in Chelmsford, Essex, it has been reported.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer

Posted May 26th, 2022 in families, housing, human rights, judicial review, local government, news by sally

‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk