local government – Page 13 – Current Awareness

Equality Act to get EU upgrade – Local Government Lawyer

Posted December 15th, 2023 in disability discrimination, disabled persons, EC law, employment, equality, local government, news, remuneration by tracey

‘The Retained EU Law (Revocation and Reform) Act 2023 triggered concerns about the future of domestic employment law, which originated in the EU. New draft regulations, The Equality Act 2010 (Amendment) Regulations 2023 which are planned to come into force on 1 January 2024 provide welcomed clarity on the issue in respect of the Equality Act 2010, writes David Leach.’

Local Government Lawyer, 15th December 2023

Source: www.localgovernmentlawyer.co.uk

Newport council fined £2m after tractor killed worker – BBC News

Posted December 15th, 2023 in bereavement, employment, fines, health & safety, local government, news by tracey

‘A council has been fined £2m after one of its employees was hit by a passing tractor and killed.’

BBC News, 15th December 2023

Source: www.bbc.co.uk

Housing Ombudsman launches special investigations into three London landlords after rising maladministration rates – Local Government Lawyer

Posted December 13th, 2023 in health & safety, housing, landlord & tenant, local government, London, maladministration, news, ombudsmen, repairs by sally

‘The Housing Ombudsman has launched special investigations into Camden Council, Hackney Council and Hyde Group after casework showed all three landlords struggle with damp and mould, repairs and complaint handling.’

Local Government Lawyer, 12th December 2023

Source: www.localgovernmentlawyer.co.uk

Landlord handed £424k confiscation order after renting shed out as five flats – Local Government Lawyer

Posted December 12th, 2023 in confiscation, fines, housing, landlord & tenant, local government, news by sally

‘Brent Council has secured a £424,000 confiscation order against a landlord who rented out a large shed as five flats.’

Local Government Lawyer, 11th December 2023

Source: www.localgovernmentlawyer.co.uk

Amendments at the appeal stage – Local Government Lawyer

Posted December 11th, 2023 in agriculture, appeals, consultations, local government, news, planning by tracey

‘Wheatcroft, then Holborn, now Bramley – the Planning Court has ruled on practicalities of amendments at appeal stage. Thea Osmund-Smith and Odette Chalaby provide a digest of the decision.’

Local Government Lawyer, 8th December 2023

Source: www.localgovernmentlawyer.co.uk

Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration – Local Government Lawyer

Posted December 11th, 2023 in children, detention, local government, mental health, news by tracey

‘Alex Ruck Keene KC (Hon) analyses a recent High Court ruling on whether a 15-year-old should continue to be deprived of her liberty in a hospital.’

Local Government Lawyer, 8th December 2023

Source: www.localgovernmentlawyer.co.uk

Housing Ombudsman issues report setting out key learning and guidance on service charges – Local Government Lawyer

Posted December 8th, 2023 in housing, landlord & tenant, local government, news, ombudsmen, service charges by michael

‘The Housing Ombudsman has provided updated guidance on the “often contentious” area of service charges in its latest Insight report.’

Local Government Lawyer, 7th December 2023

Source: www.localgovernmentlawyer.co.uk

High Court finds council in breach of duties to disabled child – Local Government Lawyer

Posted December 8th, 2023 in children, disabled persons, families, local government, news, statutory duty by michael

‘In TS, R (on the application of) v The London Borough of Hackney [2023] EWHC 3063 (Admin), Jonathan Glasson KC, sitting as a Deputy Judge of the High Court, quashed the council’s assessment and care planning decision, concluding that the decision making in relation to the care package was “flawed”.’

Local Government Lawyer, 7th December 2023

Source: www.localgovernmentlawyer.co.uk

Grenfell firefighters to receive council compensation – BBC News

Posted December 7th, 2023 in compensation, fire, fire services, local government, news by michael

‘More than 100 firefighters who tackled the Grenfell Tower blaze will receive compensation from Kensington and Chelsea Council.’

BBC News, 7th December 2023

Source: www.bbc.co.uk

Local plan legal challenge shot down by High Court over “hypercritical scrutiny” of planning inspector report – Local Government Lawyer

Posted December 6th, 2023 in covenants, interpretation, local government, news, planning by sally

‘A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’

Local Government Lawyer, 5th December 2023

Source: www.localgovernmentlawyer.co.uk

Assistant Coroner finds failings by social landlord and council in part caused death of epileptic woman who fell from her balcony – Local Government Lawyer

Posted December 5th, 2023 in disabled persons, housing, inquests, local government, news by sally

‘An inquest into the death of a 39-year-old woman, who fell from the balcony of her third floor flat in west London after an epileptic seizure, has found that the failure of the local housing authority and a housing association to provide her with safe accommodation was a cause of her death.’

Local Government Lawyer, 4th December 2023

Source: www.localgovernmentlawyer.co.uk

Saying you are broke isn’t enough to avoid a duty – suitable accommodation and resources – Nearly Legal

Posted December 4th, 2023 in appeals, budgets, housing, landlord & tenant, local government, news, statutory duty by tracey

‘Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45. This is the long awaited Supreme Court decision in Imam v Croydon on what conditions a court should have regard to in deciding whether to make a mandatory order that the local authority comply with its section 193(2) Housing Act 1996 duty to provide suitable accommodation. At first instance, Croydon have avoided a mandatory order, despite Ms Imam having been in what was acknowledged to be unsuitable accommodation for what was then 5 years, in part on the basis of a fairly general assertion that LB Croydon had no suitable houses and no money (our note here). This was reversed by the Court of Appeal (our note here), which held that a pleading of lack of resources would have to be demonstrated in detail, with evidence of steps taken, before a court would accept this as a reason not to make a mandatory order.’

Nearly Legal, 3rd December 2023

Source: nearlylegal.co.uk

Supreme Court puts conditions on injunctions against travellers – OUT-LAW.com

Posted December 4th, 2023 in appeals, disclosure, injunctions, local government, news, Supreme Court, travellers by tracey

‘Local authorities in England seeking court injunctions to prohibit unauthorised encampments on land they own must disclose to the courts any arguments gypsies and travellers might raise in opposition to their applications, the UK Supreme Court has ruled.’

OUT-LAW.com, 4th December 2023

Source: www.pinsentmasons.com

Court awards £50,000 in damages against council over home that was unfit for human habitation – Local Government Lawyer

Posted December 4th, 2023 in damages, duty of care, housing, landlord & tenant, local government, news, repairs by tracey

‘A judge at Central London County Court has awarded a claimant more than £50,000 in damages after her council property was found to be unfit for human habitation.’

Local Government Lawyer, 4th December 2023

Source: www.localgovernmentlawyer.co.uk

Dog owner fined for chopping down historic apple trees ‘making pet sick and attracting wasps’ – The Independent

Posted December 4th, 2023 in environmental protection, fines, local government, news, trees by tracey

‘A dog owner illegally chopped down three apple trees in his back garden because he said the fallen fruit was making his pet sick and attracting wasps.’

The Independent, 2nd December 2023

Source: www.independent.co.uk

Mayor of London’s decision to reject plan for Las Vegas-style giant sphere to be reviewed – The Independent

Posted December 4th, 2023 in government departments, housing, local government, London, news, nuisance, planning by tracey

‘London Mayor Sadiq Khan‘s decision to reject planning permission for a huge Las Vegas-style entertainment venue is to be reviewed by ministers. The housing secretary Michael Gove has opted to use his powers to “call in” the rejection of the 21,000-capacity, 300ft-tall MSG sphere to decide whether it should stand.’

The Independent, 3rd December 2023

Source: www.independent.co.uk

A knotty problem: Churchill v Merthyr Tydfil Council – Local Government Lawyer

Posted December 1st, 2023 in appeals, civil procedure rules, dispute resolution, housing, local government, news, nuisance, stay of proceedings by tracey

‘The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.’

Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Newham v Chaplair: the lessons to be learned – Local Government Lawyer

Posted December 1st, 2023 in building law, fines, fire, health & safety, housing, landlord & tenant, local government, news, repairs, sentencing by tracey

‘Archie Maddan explains what was involved in the first successful prosecution of a tower block owner for failure to remove flammable cladding.’

Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

Biodiversity net gain and planning permission – Local Government Lawyer

Posted December 1st, 2023 in environmental health, environmental protection, local government, news, planning by tracey

‘A refusal of planning permission for a quarry has been quashed over an error on biodiversity net gain. Jenny Wigley KC looks at the lessons from the case.’

Local Government Lawyer, 1st December 2023

Source: www.localgovernmentlawyer.co.uk

Deputy High Court judge orders London borough to provide accommodation pending completion of review of homelessness decision – Local Government Lawyer

Posted November 30th, 2023 in homelessness, housing, judicial review, local government, mental health, news by sally

‘The Royal Borough of Kensington & Chelsea acted unfairly in rejecting a request for accommodation by a man with mental health problems pending the outcome of his statutory review request of the defendant council’s earlier decision that he was not homeless, the High Court has found.’

Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

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