Ofsted finds authorities wanting on child social care – BBC News

Posted March 10th, 2015 in care homes, children, delay, local government, news, reports, social services by tracey

‘Child social care is “inadequate” or “requires improvement” in three-quarters of the local authorities in England inspected by Ofsted last year.’

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BBC News, 10th March 2015

Source: www.bbc.co.uk

Expectations are not existing facts – Nearly Legal

‘Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015. This was Enfield’s appeal from a s.204 appeal quashing Enfield’s decision and review decision that Ms N was intentionally homeless.’

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Nearly Legal, 5th March 2015

Source: www.nearlylegal.co.uk/blog/

Disabled adult wins High Court battle with council over charges for services – Local Government Lawyer

‘A disabled adult has successfully challenged in the High Court aspects of a county council’s policy on charging for adult non-accommodation services.’

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Local Government Lawyer, 5th March 2015

Source: www.localgovernmentlawyer.co.uk

Children: Public Law Update (March 2015) – Family Law Week

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

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Family Law Week, 3rd March 2015

Source: www.familylawweek.co.uk

Lawson Buildings Ltd and others v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 4th, 2015 in appeals, law reports, local government, planning, retrospectivity by sally

Lawson Buildings Ltd and others v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 122; [2015] WLR (D) 86

‘It was implicit in the terms of sections 73 and 73A of the Town and Country Planning Act 1990, as amended, that in an appropriate case a planning authority considering an application under section 73 for planning permission to proceed with a development without complying with conditions attached to an existing permission might grant, under section 73A, retrospective planning permission for a development already carried out, subject to conditions imposed under section 70. There might be some unusual circumstance that would require the inspector to forewarn the applicant that he was minded to act under section 73A.’

WLR Daily, 25th February 2015

Source: www.iclr.co.uk

Professionals blamed Oxfordshire girls for their sexual abuse, report finds – The Guardian

‘Police and social workers in Oxfordshire had a tainted perception that girls as young as 11 consented to sex with men who raped and brutalised them, an independent report into the failure to stop their exploitation has said.’

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The Guardian, 3rd March 2015

Source: www.guardian.co.uk

R (on the app. of Rotherham Borough Council & others) v Secretary of State for B.I.S. – Supreme Court

R (on the app. of Rotherham Borough Council & others) v Secretary of State for B.I.S. [2015] UKSC 6 (YouTube

Supreme Court, 25th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Jail those who turn a blind eye to child abuse, says Cameron – The Guardian

‘Teachers, social workers who work with children and councillors could face up to five years in prison if they turn a blind eye to child abuse under proposals to be set out on Tuesday by David Cameron.’

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The Guardian, 3rd March 2015

Source: www.guardian.co.uk

Serious case review slams police failure in serial abuse of Oxford girls – The Guardian

‘More than 300 young people have been groomed and sexually exploited by gangs of men in Oxfordshire in the past 15 years, a damning report into the failures of police and social services to stop years of sexual torture, trafficking and rape will reveal, the Guardian has learned.’

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The Guardian, 1st March 2015

Source: www.guardian.co.uk

Council gets High Court breach of contract claim from care provider struck out – Local Government Lawyer

Posted February 25th, 2015 in care homes, contracts, costs, fees, local government, news, residential care by sally

‘Cornwall Council has successfully applied to have a breach of contract claim brought by a care provider struck out just as a trial listed for five days was about to start.’

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Local Government Lawyer, 24th February 2015

Source: www.localgovernmentlawyer.co.uk

Egregious Failures by a Local Authority : Damages under the Human Rights Act in Care Proceedings: Northamptonshire County Council v AS and Ors (Rev 1) [2015] EWHC 199 (Fam)

Posted February 24th, 2015 in care orders, damages, grandparents, human rights, local government, news by sally

‘On 30 January 2015 Mr Justice Keehan handed down his judgment in Northamptonshire County Council v AS and Ors (Rev 1) [2015] EWHC 199 (Fam). It is another case where the Local Authority having breached parties Articles 6 and 8 rights in care proceedings the court awarded damages within care proceedings.’

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The World of Family Law (Garden Court Chambers), 23rd February 2015

Source: www.gcfamily.wordpress.com

High Court dismisses landowners’ challenge to Tottenham Hotspur FC stadium CPO – OUT-LAW.com

Posted February 24th, 2015 in compulsory purchase, local government, news, planning, public interest, sport by sally

‘The High Court has dismissed a challenge to the land acquisition order that will allow Tottenham Hotspur Football Club (THFC) to complete the redevelopment of the site of its north London stadium, according to reports.’

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OUT-LAW.com, 23rd February 2015

Source: www.out-law.com

Personal injury: duty of care – Law Society’s Gazette

‘In December the High Court gave judgment in NA v Nottinghamshire County Council [2014] EWHC 4005 (QB). The claimant (who was born in 1977) said that while in her mother’s care she had suffered physical and emotional abuse, and that the defendant local authority had failed in their common law duty of care by failing either to remove her or protect her from the abuse.’

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Law Society’s Gazette, 23rd February 2015

Source: www.lawgazette.co.uk

Council defeats High Court challenge to consultation on adult care cuts – Local Government Lawyer

‘The High Court has rejected a legal challenge to Trafford Metropolitan Borough Council’s consultation on its proposal to cut its adult social care budget for 2015/16.’

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Local Government Lawyer, 20th February 2015

Source: www.localgovernmentlawyer.co.uk

Southwark gatekeeping: All of the wrong – NearlyLegal

Posted February 23rd, 2015 in homelessness, housing, judicial review, local government, news, public interest by sally

‘Courtesy of Hansen Palomares Solicitors comes news of this settled Judicial Review of LB Southwark’s gatekeeping practices on homeless applications. It appears, to put it mildly, that Southwark have had a range of what should have been obviously unlawful policies on homeless applications, and even put them into leaflets and their website.’

Full story

NearlyLegal, 22nd February 2015

Source: www.nearlylegal.co.uk

In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily

In re AJ (Deprivation Of Liberty: Safeguards) [2015] EWCOP 5 ; [2015] WLR (D) 64

‘In situations involving a deprivation of liberty local authorities and professionals needed to be alert to cases where vulnerable people were admitted to residential care, ostensibly for respite care, when the underlying plan was for a permanent placement without proper consideration of their rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

Regina (Wingrove) v Stratford-on-Avon District Council – WLR Daily

Posted February 18th, 2015 in enforcement notices, law reports, local government, planning, retrospectivity by sally

Regina (Wingrove) v Stratford-on-Avon District Council [2015] EWHC 287 (Admin); [2015] WLR (D) 65

‘The wide discretionary power to refuse to determine a retrospective planning application for development subject to an enforcement notice under section 70C of the Town and Country Planning Act 1990 was intended to provide local planning authorities with a tool to prevent such applications being used to delay enforcement action being taken against development. An applicant’s motive to use a retrospective application to cause such delay would clearly be a consideration in favour of a decision to invoke that discretion.’

WLR Daily, 12th February 2015

Source: www.iclr.co.uk

Judge criticises council after toddler taken into care over father’s links to English Defence League – Daily Telegraph

Posted February 18th, 2015 in care orders, case management, children, local government, news, social services by sally

‘Sir James Munby says approach taken by Darlington Borough Council “almost a textbook example of how not to pursue a care case” over fears of links to EDL.’

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Daily Telegraph, 17th February 2015

Source: www.telegraph.co.uk

Councillor wins procurement judicial review over £165m city centre scheme – Local Government Lawyer

Posted February 17th, 2015 in appeals, EC law, judicial review, local government, news, planning, public procurement by sally

‘A councillor at Winchester City Council has won a High Court judicial review challenge over the local authority’s decision to adopt an updated scheme for a £165m city centre redevelopment without conducting a procurement exercise.’

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Local Government Lawyer, 13th February 2015

Source: www.localgovernmentlawyer.co.uk

Insurance surgery: Up for the challenge – New Law Journal

‘How should local authorities respond to the compensation claims landscape, asks Carol Dalton.’

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New Law Journal, 13th February 2015

Source: www.newlawjournal.co.uk