Tower Hamlets London Borough Council v M and others – WLR Daily

Tower Hamlets London Borough Council v M and others [2015] EWHC 869 (Fam); [2015] WLR (D) 155

‘Since the removal of a passport, even on a temporary basis, was a very significant incursion into an individual’s freedom and personal autonomy such an order should not be made lightly and required the fullest unpartisan information to be put before the court. It had never to be forgotten that the court required a very high degree of candour on the part of all of those involved.’

WLR Daily, 27th March 2015

Source: www.iclr.co.uk

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) [2015] UKSC 22; [2015] WLR (D) 165

‘A local housing authority, in carrying out its duties under the Housing Act 1996, was obliged to accommodate a homeless person in suitable accommodation within its district if it was reasonably practicable to do so. The authority was to determine the suitability of the proposed accommodation by reference to the needs of the individual homeless person and each member of her household and to its location. Where accommodation was offered outside the authority’s district, the placement was to be as close as possible to where the members of the household had previously lived. In reaching its decision, the authority was required to take account of the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601) and the guidance issued by the Secretary of State for Communities and Local Government. It was also required, by section 11(2) of the Children Act 2004, to have regard to the need to safeguard and to promote the welfare of the children concerned.’

WLR Daily, 2nd April 2015

Source: www.iclr.co.uk

In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163

‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Judge sets out approach to cases where risk of children travelling to ISIS countries – Local Government Lawyer

‘A judge has set out a number of core principles relevant to cases where it is proposed to make young people at risk of travelling to ISIS countries, and particularly Syria, wards of the High Court and remove their passports.’

Full story

Local Government Lawyer, 7th April 2015

Source: www.localgovernmentlawyer.co.uk

Martyn Uzzell A65 death: North Yorkshire County Council settles with widow – BBC News

Posted April 8th, 2015 in bereavement, bicycles, compensation, inquests, local government, news, roads by sally

‘The widow of a cyclist who died after he hit a pothole on his bike has received a six-figure payout from a council.’

Full story

BBC News, 8th April 2015

Source: www.bbc.co.uk

Family Court Key Decision Review: Part 1 – No. 5 Chambers

Posted April 7th, 2015 in care orders, costs, delay, documents, local government, news by sally

‘In the first of a new series of quarterly round ups, Kathryn Taylor reviews some of the key decisions of the family court since December 2014, with a particular emphasis on Local Authority failings.’

Full story

No. 5 Chambers, 30th March 2015

Source: www.no5.com

Supreme Court gives reasons for quashing offer of housing 50 miles away – Local Government Lawyer

Posted April 7th, 2015 in appeals, children, housing, local government, news, Supreme Court by sally

‘The Supreme Court has today given its reasons why it unanimously upheld a homeless mother of five’s appeal over a London borough’s offer of accommodation 50 miles away.’

Full story

Local Government Lawyer, 2nd April 2015

Source: www.localgovernmentlawyer.co.uk

On the Road Again – Nearly Legal

‘With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be allowed, with reasons to follow.’

Full story

Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

Tenant wins battle to stop Westminster council moving her out of London – The Guardian

Posted April 7th, 2015 in appeals, homelessness, housing, local government, news, Supreme Court by sally

‘A single mother of five children has won a protracted legal battle and prevented Westminster council from removing her family to Milton Keynes.’

Full story

The Guardian, 2nd April 2015

Source: www.guardian.co.uk

Safeguarding and the Care Act 2014 – Doughty Street Chambers

Posted April 2nd, 2015 in disabled persons, elderly, local government, news, social services by sally

‘This paper provides a brief overview of the provisions of the Care Act 2014
(“CA 2014”) and accompanying guidance directed at safeguarding vulnerable
adults.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Introduction to the Care Act 2014 – Doughty Street Chambers

‘This paper deals with the following issues:
a. Establishing ordinary residence
b. Dispute resolution mechanism
c. Financial adjustment between local authorities
d. Prisoners
e. Challenges and appeals.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: Overview of the Act and the New “General Responsibilities – Doughty Street Chambers

‘This paper gives an overview of the structure and objectives of the Care Act
2014 (“the Act”). It also considers the new “general responsibilities” on local
authorities set out in sections one to seven of the Act.’

Full story
(PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: Care Planning – Doughty Street Chambers

‘This section deals with the law when local authorities are required or have
decided to meet the needs of adults who need care and support or support
(carers). As they are not yet in force the rules which are specific to selffunders and the ‘care-cost cap” have been left out. ‘

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: Eligibility Criteria, Duties and Powers in Respect of Adults in Need of Care and Support – Doughty Street Chambers

‘This section deals with the eligibility criteria and the powers and duties in respect of adults in need of ‘care and support’. The new powers and duties in relation to those who provide adults with care are dealt with separately.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: The Duty to Assess Need – Doughty Street Chambers

‘This paper considers the duties to undertake assessments of care needs in the Care
Act 2014 (“the Act”), including the primary duty under section 9, the duty to assess
carers under section 10; the transition assessment duties and the out of area
transfer duties under sections 58 and 37 respectively.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

High Court judge gives procurement litigants reprieve on claim form timescales – OUT-LAW.com

Posted April 1st, 2015 in interpretation, local government, news, public procurement, time limits by sally

‘Companies that take issue with the way public bodies tender for or award contracts have up to seven days to serve a claim form after it has been issued, a High Court judge has confirmed.’

Full story

OUT-LAW.com, 27th March 2015

Source: www.out-law.com

Local Government (Review of Decisions) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in legislation, local government by sally

Local Government (Review of Decisions) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

High Court finds council policy on disability living allowance and DHPs “unlawful” – Local Government Lawyer

‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’

Full story

Local Government Lawyer, 31st March 2015

Source: www.localgovernmentlawyer.co.uk

New PD rights and deemed discharge of planning conditions to be introduced in April – OUT-LAW.com

‘Several new types of existing buildings will be able to be converted into homes without full planning permission from 15 April under UK planning reforms that will also introduce the “deemed discharge” of certain planning conditions.’

Full story

OUT-LAW.com, 31st March 2015

Source: www.out-law.com

Research suggests growing use of public spaces protection orders – Local Government Lawyer

‘Councils have enacted a range of public spaces protection orders (PSPOs) since the Anti-Social Behaviour Crime and Policing Act 2014 came into force last October, research by a campaign group has suggested.’

Full story

Local Government Lawyer, 31st March 2015

Source: www.localgovernmentlawyer.co.uk