Council appeals £150k fine imposed over publication of sensitive data – Local Government Lawyer

‘Basildon Council has confirmed it is to appeal the imposition by the Information Commissioner of a £150,000 monetary penalty for publishing sensitive personal information about a family in planning application documents that were made publicly available online.’

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Local Government Lawyer, 20th June 2017

Source: www.localgovernmentlawyer.co.uk

LGA issues guidance on introducing Public Space Protection Orders – Local Government Lawyer

Posted June 20th, 2017 in local government, news, public spaces protection orders by sally

‘The Local Government Association has issued guidance on the issues local areas should consider where they are contemplating introducing a Public Space Protection Order (PSPO).’

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Local Government Lawyer, 19th June 2017

Source: www.localgovernmentlawyer.co.uk

Landlords ordered to pay £3k in costs after unreasonable behaviour in appeal – Local Government Lawyer

Posted June 20th, 2017 in appeals, costs, landlord & tenant, local government, news, tribunals by sally

‘The London Borough of Islington has secured a £3,000-plus costs order in its favour after a judge found that landlords had “behaved unreasonably in bringing an appeal which they never intended to pursue properly and never did pursue properly”.’

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Local Government Lawyer, 19th June 2017

Source: www.localgovernmentlawyer.co.uk

Legitimate expectation as a ground for judicial review – OUT-LAW.com

Posted June 19th, 2017 in civil justice, equality, judicial review, local government, news by sally

‘A number of recent judicial decisions – particularly a recent ruling by the UK’s top judges in the United Policyholders case – have gone some way towards clarifying what counts as a breach of ‘legitimate expectation’ by a public body.’

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OUT-LAW.com, 16th June 2017

Source: www.out-law.com

Greggs and government department withdraw appeals in ‘Primary Authority’ case – Local Government Lawyer

Posted June 19th, 2017 in appeals, local government, news, partnerships by sally

‘Bakery group Greggs and the Department for Business, Energy and Industrial Strategy have withdrawn their appeals over a High Court ruling that incorrect advice had been given under the ‘Primary Authority’ scheme.’

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Local Government Lawyer, 16th June 2017

Source: www.localgovernmentlawyer.co.uk

The Children and Social Work Act 2017 – Community Care Blog

Posted June 16th, 2017 in children, local government, news, social services by sally

‘After significant controversy and substantial amendments, the Children and Social Work Act 2017 received royal assent on 27 April. While the majority of the legislation is not yet in force, the changes contained in the Act will have important implications for the regulation of social work in England, safeguarding of children, and investigations into the death of children. In addition, the Act clarifies and amends the obligations of local authorities as corporate parents.’

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Community Care Blog, 14th June 2017

Source: communitycare11kbw.com

Councils win 3-year extension to district-wide ban on unauthorised encampments – Local Government Lawyer

Posted June 16th, 2017 in injunctions, local government, news, travellers by sally

‘Harlow Borough Council and Essex County Council have secured a three-year extension to an injunction which bans Travellers from setting up unauthorised encampments across Harlow.’

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Local Government Lawyer, 15th June 2017

Source: localgovernmentlawyer.co.uk

Data protection fine shows security risks from using open source software cannot be ignored, says expert – OUT-LAW.com

Posted June 15th, 2017 in computer programs, data protection, fines, local government, news by sally

‘A six-figure fine issued to a local authority in England for a breach of UK data protection laws should serve as a reminder to all organisations of their need to manage the security risks inherent in using ‘open source’ software, an expert has said.’

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OUT-LAW.com, 15th June 2017

Source: www.out-law.com

Ombudsman criticises council for “systemic fault” in care home charging policy – Local Government Lawyer

Posted June 15th, 2017 in care homes, complaints, local government, news, social services by sally

‘The Local Government and Social Care Ombudsman has criticised a council for a “systemic fault” in its charging policy for care homes that could have affected a number of people in its area.’

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Local Government Lawyer, 14th June 2017

Source: www.localgovernmentlawyer.co.uk

Council hit with £100k fine after cyber attack during IT outsourcing – Local Government Lawyer

‘A city council has been hit with a £100,000 monetary penalty after leaving employees’ personal information vulnerable to a cyber attacker who exploited a flaw in the authority’s website.’

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Local Government Lawyer, 12th June 2017

Source: www.localgovernmentlawyer.co.uk

Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC) – Tanfield Chambers

‘The Upper Tribunal reversed decisions from the First Tier Tribunal in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

Oliver v Sheffield City Council [2017] EWCA Civ. 225 – Tanfield Chambers

‘A local authority was required to give credit to leaseholders for funds received from third-parties when recovering a contribution to the cost of major works.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

An unsatisfactory situation – Tanfield Chambers

‘Since the Supreme Court turned the law of dispensation from the consultation requirements upside down in Daejan Investments Ltd v Benson [2013] UKSC 14; [2013] 2 EGLR 45, the Upper Tribunal has been troubled with very few cases involving the requirements to consult leaseholders on major works. However, the decision in Lessees of Foundling Court and O’Donnell Court v Camden London Borough Council and others [2016] UKUT 366 (LC); [2016] EGLR 59 has rewritten preconceptions as to who needs to be consulted and caused landlords some new headaches.’

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Tanfield Chambers, 12th June 2017

Source: www.tanfieldchambers.co.uk

R (C) v Islington LBC – Arden Chambers

‘The Administrative Court has held that priority within a housing allocation scheme providing that existing social housing tenants are to be preferred over other applicants, such as the homeless and women fleeing domestic violence, for certain local lettings of eg new and refurbished accommodation was justified and accordingly had not been unlawfully discriminatory for the purposes of art.14 and ss.19, 29 Equality Act 2010; the introduction of the local lettings policies had complied with s.149 Equality Act 2010 and s.11 Children Act 2004; but the operation of a system of direct offers, used particularly to allocate accommodation to homeless applicants, had not been sufficiently set out in the scheme and was accordingly unlawful.’

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Arden Chambers, 31st May 2017

Source: www.ardenchambers.com

Recovering costs – helpful hints (private law) – Local Government Lawyer

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

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Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

Judge agrees natural father should not be given notice of care proceedings – Local Government Lawyer

‘A natural father need not be given a copy of a notice of care proceedings where this would create a risk for the mother, HHJ Bellamy has ruled in the Family Court.’

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Local Government Lawyer, 6th June 2017

Source: www.localgovernmentlawyer.co.uk

Making it up as you go – Nearly Legal

‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’

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Nearly Legal, 6th June 2017

Source: nearlylegal.co.uk

Judge dismisses prosecution of taxi company over cross-border bookings – Local Government Lawyer

‘A taxi firm did not break the law when an automated booking system allocated a customer enquiry in one local authority area to a cab owned by the same firm but licensed by a neighbouring council.’

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Local Government Lawyer, 6th June 2017

Source: www.localgovernmentlawyer.co.uk

Council fined £150k for publishing sensitive data in online planning documents – Local Government Lawyer

‘Basildon Borough Council has been fined £150,000 by the Information Commissioner’s Office (ICO) for publishing sensitive personal information about a family in planning application documents that were made publicly available online.’

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Local Government Lawyer, 31st May 2017

Source: www.localgovernmentlawyer.co.uk

Council ordered to pay £45k in fines and costs after apprentice injured – Local Government Lawyer

‘A city council has been ordered to pay £45,000 in fines and costs after an apprentice suffered serious hand injuries.’

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Local Government Lawyer, 30th May 2017

Source: www.localgovernmentlawyer.co.uk