local government – Page 129 – Current Awareness

Westminster again… – Nearly Legal

Posted June 24th, 2015 in homelessness, housing, local government, news by sally

‘In R(Alemi) v Westminster CC [2015] EWHC 1765 (Admin), which has been widely reported already (eg here; and all over my twitter feed), HHJ Blair QC found that Westminster’s allocation scheme was unlawful in disbarring successful homeless applicants (other than a small group) from bidding for social housing in their first 12 months on the list. During that period, Westminster would be seeking to find a suitable private rented sector property.’

Nearly Legal, 22nd June 2015

Source: www.nearlylegal.co.uk

Judicial review: Judicial Control, Liability and Litigation – Local Government Law

Posted June 23rd, 2015 in judicial review, local government, news, state aids by tracey

‘The Judgment of Green J in R (British Academy of Songwriters, etc) v SoS for BIS [2015] EWHC 1723 (Admin) is very long (106 pages, 318 paragraphs) and its subject matter (creating an exception to copyright based upon personal private use) is far removed from local government. However, it is important on judicial review generally (and on State Aid).’

Local Government Law, 22nd July 2015

Source: www.11kbw.com/blogs/local-government-law

Developer loses Court of Appeal challenge over neighbourhood plan – Local Government Lawyer

Posted June 22nd, 2015 in appeals, documents, environmental protection, local government, news, planning by tracey

‘The Court of Appeal has rejected a developer’s challenge over the inclusion of site allocation policies in a neighbourhood development plan. The appellant in Larkfleet Homes Ltd, R (on the application of) v Rutland County Council & Ors [2015] EWCA Civ 597 was a house-building company with a commercial interest in land to the west of Ayston Road in the town of Uppingham in the county of Rutland.’

Local Government Lawyer, 18th June 2015

Source: www.localgovernmentlawyer.co.uk

Court of Appeal comments on deprivation of liberty and being party to proceedings – Local Government Lawyer

Posted June 18th, 2015 in appeals, Court of Protection, deprivation of liberty safeguards, human rights, jurisdiction, local government, news by sally

‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for dealing with certain types of deprivation of liberty cases.’

Local Government Lawyer, 16th June 2015

Source: www.localgovernmentlawyer.co.uk

David Cameron orders crackdown on summer surge of FGM cases – The Guardian

Posted June 15th, 2015 in children, female genital mutilation, human rights, local government, news, passports, police, social services, statistics by sally

‘New laws aimed at preventing young girls being taken abroad to undergo female genital mutilation are to be fast-tracked within weeks, amid fears that the number of cases could soar during the summer holidays.’

The Guardian, 13th June 2015

Source: www.guardian.co.uk

An inconvenient problem – Nearly Legal

Posted June 12th, 2015 in benefits, homelessness, housing, local government, news, rent by sally

‘This is not a usual blog post. I was asked to do an analysis of the proposed £23,000 pa benefit cap, its impact on housing, homelessness and the legal position, with a focus on London, for use elsewhere and for a purpose which shall remain nameless. But I feel this needs wider sharing.’

Nearly Legal, 10th June 2015

Source: www.nearlylegal.co.uk

Johnston v Westminster City Council – WLR Daily

Posted June 5th, 2015 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

Johnston v Westminster City Council: [2015] EWCA Civ 554; [2015] WLR (D) 238

‘For the purposes of section 175 of the Housing Act 1996, the fact that an applicant for homeless assistance in one local housing authority might be offered accommodation by another authority which might satisfy section 175(3) of the Act did not entitle the decision-maker to find that the applicant was not homeless.’

WLR Daily, 3rd June 2015

Source: www.iclr.co.uk

Education and Adoption Bill published – Education Law Blog

Posted June 5th, 2015 in adoption, bills, education, government departments, local government, news, standards by sally

‘The Education and Adoption Bill was presented to Parliament on 3 June 2015. The proposed legislation would make the following changes to education law in England and Wales.No date has been announced yet for the second reading.’

Education Law Blog, 4th June 2015

Source: www.education11kbw.com

Keep Calm and Read B-S – Family Law Week

Posted June 3rd, 2015 in adoption, appeals, care orders, children, families, local government, news, Supreme Court by sally

‘Cyrus Larizadeh of 4 Paper Buildings and Senate House Chambers recently spoke at the NAGALRO Conference on Re B-S, its aftermath and some of the misconceptions arising from it.’
Full story

Family Law Week, 2nd June 2015

Source: www.familylawweek.co.uk

Children Public Law Update – Family Law Week

Posted June 3rd, 2015 in adoption, appeals, child abuse, children, evidence, expert witnesses, female genital mutilation, litigants in person, local government, news, passports, split hearings, wardship by sally

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’

Family Law Week, 28th May 2015

Source: www.familylawweek.co.uk

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) – WLR Daily

Posted June 3rd, 2015 in appeals, homelessness, housing, law reports, local government, mental health, Supreme Court by sally

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] WLR (D) 224

‘When considering whether a homeless person had priority need for housing as a “vulnerable” person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

R (Luton Borough Council) v Central Bedfordshire Council and others – WLR Daily

Posted June 3rd, 2015 in boundaries, environmental protection, judicial review, law reports, local government, planning by sally

R (Luton Borough Council) v Central Bedfordshire Council and others [2015] EWCA Civ 537; [2015] WLR (D) 226

‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

Education bill to close loopholes blocking academies expansion – The Guardian

Posted June 3rd, 2015 in bills, consultations, education, government departments, local government, news, school children by sally

‘The education secretary, Nicky Morgan, has vowed to “sweep away bureaucratic and legal loopholes” obstructing the takeover of as many as 1,000 struggling local authority schools in England and their rapid conversion into academies.’

The Guardian, 3rd June 2015

Source: www.guardian.co.uk

Devolution at the heart of UK government’s first legislative programme, expert says – OUT-LAW.com

Posted May 29th, 2015 in bills, devolution, local government, news by sally

‘The UK’s new Conservative government will “set in motion the biggest transfer of power from Westminster and Whitehall in history”, an expert has said, after it committed to regional devolution in England and more powers for Scotland, Wales and Northern Ireland.’

OUT-LAW.com, 29th May 2015

Source: www.out-law.com

Woman left housebound after having legs amputated receives compensation following blunder that led to benefit money being withheld – The Independent

Posted May 29th, 2015 in benefits, budgets, compensation, delay, disabled persons, local government, news by sally

‘A woman who was left housebound following the amputation of both legs has received £27,000 in compensation after watchdogs found financial support was withheld due to an administrative battle between a council and the NHS.’

The Independent, 28th May 2015

Source: www.independent.co.uk

Court of Appeal rules on vexatious and unreasonable information requests – Local Government Lawyer

Posted May 21st, 2015 in appeals, freedom of information, local government, news, vexatious litigants by sally

‘The Court of Appeal has handed down a key ruling on the scope of a public authority’s power to reject a request for information as ‘vexatious’ or ‘manifestly unreasonable’.’

Local Government Lawyer, 20th May 2015

Source: www.localgovernmentlawyer.co.uk

Supreme Court upholds challenge to council decision on intentional homelessness – Local Government Lawyer

Posted May 21st, 2015 in appeals, homelessness, local government, news, Supreme Court by sally

‘Local authorities have been advised to review urgently their intentional homelessness decision making after the Supreme Court – by a 4-1 majority – today upheld an appellant’s challenge.’

Local Government Lawyer, 21st May 2015

Source: www.localgovernmentlawyer.co.uk

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