Sex offender refuses to resign from council – The Guardian

‘Government rules preventing councillors from being sacked if they commit a crime are being reviewed after a parish councillor convicted of child pornography offences refused to resign.’

Full story

The Guardian, 22nd February 2016

Source: www.guardian.co.uk

Plans put forward to integrate HB Public Law and Buckinghamshire legal teams – Local Government Lawyer

Posted February 22nd, 2016 in legal services, local government, mergers, news by sally

‘One of the largest local authority shared legal services could be created later this year if the proposed integration of HB Public Law and the legal services department at Buckinghamshire County Council goes ahead.’

Full story

Local Government Lawyer, 19th February 2016

Source: www.localgovernmentlawyer.co.uk

Relax Sunday trading laws to help shops, MPs say – BBC News

Posted February 22nd, 2016 in local government, news, Sunday trading by sally

‘Rules on Sunday opening hours for shops in England and Wales are out of date and need to be relaxed, a group of 200 MPs and council leaders has said.’

Full story

BBC News, 21st February 2016

Source: www.bbc.co.uk

Ombudsman criticises council for lack of transparency in planning decision – Local Government Lawyer

Posted February 19th, 2016 in local government, news, ombudsmen, planning, reasons by sally

‘The Local Government Ombudsman has criticised a council after members of its planning committee approved an application against an officer’s recommendation but failed to give reasons for doing so.’

Full story

Local Government Lawyer, 18th February 2016

Source: www.localgovernmentlawyer.co.uk

District council wins Planning Court appeal over permission for 103-dwelling scheme – Local Government Lawyer

Posted February 19th, 2016 in environmental protection, local government, news, planning by sally

‘A district council has won a Planning Court appeal after an inspector granted outline permission for a 103-dwelling development.’

Full story

Local Government Lawyer, 18th February 2016

Source: www.localgovernmentlawyer.co.uk

UK government considers allowing increased planning fees where councils perform well – OUT-LAW.com

Posted February 18th, 2016 in fees, local government, news, planning by sally

‘Communities secretary Greg Clark has announced that he will consult on whether to reward good performance by certain council planning teams with the opportunity to increase their planning application fees.’

Full story

OUT-LAW.com, 16th February 2016

Source: www.out-law.com

Ministers seek to stop procurement boycotts through new guidance – Local Government Lawyer

‘Public procurement should never be used as a tool to boycott tenders from suppliers based in other countries, “except where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government”, ministers have said in new guidance.’

Full story

Local Government Lawyer, 17 February 2016

Source: www.localgovernmentlawyer.co.uk

New planning guidance emphasises importance of housing evidence to neighbourhood planning – OUT-LAW.com

Posted February 17th, 2016 in codes of practice, evidence, housing, local government, news, planning by michael

‘New paragraphs were added to the UK government’s National Planning Practice Guidance (NPPG) last week clarifying that, in areas with a neighbourhood plan in place but without a five year supply of deliverable housing sites, neighbourhood plan policies relating to housing should not be considered up-to-date.’

Full story

OUT-LAW.com, 16 February 2016

Source: www.out-law.com

Failing on systematic failings – Nearly Legal

Posted February 15th, 2016 in homelessness, housing, judicial review, local government, news, statutory duty by sally

‘This was a quite extraordinary judicial review (or rather four joined judicial review claims with another 16 cases put in evidence in support) in which what was in the end at stake was not any remedy for the individual claimants – it was agreed that their individual issues had been remedied and the claims were academic on that basis – but whether there were systemic failings in Birmingham’s handling of homeless applications such that Birmingham:

generally, discourage and divert applications so that individuals are denied their statutory rights to have their situation properly inquired into and be given interim accommodation whilst those inquiries are being made.’

Full story

Nearly Legal, 14th February 2016

Source: www.nearlylegal.co.uk

New legal right for shop workers to refuse longer work hours on Sundays – Daily Telegraph

‘Ministers are changing legislation to give councils the power to extend trading hours in their local areas’

Full story

Daily Telegraph, 13th February 2016

Source: www.telegraph.co.uk

Court upholds 5-year ASBO preventing harassment of local authority employees – Local Government Lawyer

Posted February 12th, 2016 in ASBOs, harassment, local government, news, standard of proof by sally

‘The Administrative Court has upheld an anti-social behaviour order prohibiting a man from engaging in any behavior likely to cause harassment, alarm or distress to any of a local authority’s employees for five years.’

Full story

Local Government Lawyer, 11th February 2016

Source: www.localgovernmentlawyer.co.uk

Transgender couple win council payout for defamation – Daily Telegraph

‘A transgender couple who claim local villagers subjected them to a campaign of harassment won damages from the council after defamatory comments were published on its website.’

Full story

Daily Telegraph, 8th February 2016

Source: www.telegraph.co.uk

Theresa May feared creating police commissioner ‘monster’ – BBC News

Posted February 5th, 2016 in crime, elections, local government, news, police by tracey

‘Home Secretary Theresa May has admitted fearing she had created a “monster” by setting up police and crime commissioners in England and Wales.’

Full story

BBC News, 4th February 2016

Source: www.bbc.co.uk

Parent who won term-time holiday court case fined again – Daily Telegraph

Posted February 4th, 2016 in education, fines, holidays, local government, news by tracey

‘ A man who successfully fought a prosecution for taking his kids out of school for a family holiday has been fined a second time by the same council. Jonathan Platt made headlines in October last year when he avoided prosecution for taking his six-year-old daughter to Disney World in term time, arguing that her unauthorised absence did not mean she failed to attend school on a regular basis.’

Full story

Daily Telegraph, 3rd February 2016

Source: www.telegraph.co.uk

Something to Declare – Nearly Legal

Posted January 27th, 2016 in appeals, housing, local government, news, tribunals by sally

‘The power for a local authority to make an HMO declaration under s255, Housing Act 2004 is not commonly used. This power arises where a property appears to be an HMO in all respects save that it is not being used solely as an HMO. In that case the property will not fulfil the tests for an HMO under s254 of the Act but can be declared to be an HMO by the local authority of they reasonably believe that the property has “significant use” as an HMO. The declaration as an HMO can be appealed to the FTT (and from there to the UT) and that appeal operated by way of a re-hearing of that decision.’

Full story

Nearly Legal, 27th January 2016

Source: www.nearlylegal.co.uk

District council defeats judicial review challenge over neighbourhood plan – Local Government Lawyer

Posted January 26th, 2016 in judicial review, local government, news, planning, referendums by sally

‘Chichester District Council has successfully defended a judicial review challenge to a neighbourhood plan.’
Full story

Local Government Lawyer, 26th January 2016

Source: www.localgovernmentlawyer.co.uk

Councils pay out over £100million in compensation claims in just two years – Daily Telegraph

Posted January 21st, 2016 in compensation, local government, news, roads by sally

‘New research shows councils in Britain paid out thousands of pounds because of potholes, accidents and other workplace related grievances between 2013 and 2015.’

Full story

Daily Telegraph, 21st January 2016

Source: www.telegraph.co.uk

Councils call for online judicial approval of access to communications data – Local Government Lawyer

‘Councils should be able to apply for and be granted magistrates’ approval electronically for access to communications data, the Local Government Association and trading standards organisations have said.’

Full story

Local Government Lawyer, 11th January 2016

Source: www.localgovernmentlawyer.co.uk

Landlords in England get ready for right to rent – Home Office

‘Landlords in England are being reminded that there is less than a month to go before “right to rent” rules go live.’

Full press release

Home Office, 8th January 2016

Source: www.gov.uk/home-office

Family judge criticised for not naming council that breached father’s rights – The Guardian

‘A family court judge has come under fire after refusing to name a council that violated a man’s parental rights by taking his four-year-old daughter into care without a proper investigation.’

Full story

The Guardian, 10th January 2016

Source: www.guardian.co.uk