local government – Page 137 – Current Awareness

Regina (C1 and another) v Hackney London Borough Council – WLR Daily

Posted December 2nd, 2014 in children, housing, law reports, local government by sally

Regina (C1 and another) v Hackney London Borough Council [2014] EWHC 3670 (Admin); [2014] WLR (D) 507

‘The system by which one local authority handling local government responsibilities could, under section 27 of the Children Act 1989 and with mandatory effect, request another authority to assist in relation to housing did not apply as between departments within the same local authority.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

Boris Johnson to seek control of CPS and court system in London – The Guardian

Posted December 1st, 2014 in criminal justice, Crown Prosecution Service, devolution, local government, London, news by tracey

‘Boris Johnson wants to secure control of the courts and the prosecution service, a move which would put London’s mayor in charge of the criminal justice system in the capital, the Guardian has learned. The plan would see control wrested from Whitehall and the devolution of the most important pillars of the justice system.’

The Guardian, 1st December 2014

Source: www.guardian.co.uk

High Court judge rejects challenge to 400-home planning consent, despite planning officer’s mistaken advice – OUT-LAW.com

Posted November 27th, 2014 in judicial review, local government, news, planning, reports by sally

‘A High Court judge has refused to quash a decision to grant planning consent for 400 homes within the Surrey countryside, after deciding that a council was not misled by a planning officer’s mistaken advice.’

OUT-LAW.com, 26th November 2014

Source: www.out-law.com

Theresa May to publish new anti-terror powers – BBC News

Posted November 26th, 2014 in bills, insurance, local government, news, passports, terrorism, terrorism prevention & investigation measures, universities by sally

‘New measures to tackle terrorism are to be unveiled by the home secretary, days after she said the UK faces a “greater” terror threat than ever before.’

BBC News, 26th November 2014

Source: www.bbc.co.uk

Southwark: Not appealing – NearlyLegal

Posted November 26th, 2014 in appeals, benefits, damages, housing, landlord & tenant, litigants in person, local government, news, rent by sally

‘It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB Southwark [our report here], the senior officers of Southwark Council have chosen to do neither. Instead, Southwark’s Housing and Communities Strategic Director has chosen to publicly announce that the judgment was ‘unjust’ and ‘clearly wrong’, but that Southwark aren’t going to appeal it.’

NearlyLegal, 25th November 2014

Source: www.nearlylegal.co.uk

County loses appeal over support for disabled Roma child who moves out of area – Local Government Lawyer

Posted November 26th, 2014 in appeals, children, disabled persons, local government, news, travellers by sally

‘A county council has lost a Court of Appeal bid to overturn a ruling that the authority had the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside its borders.’

Local Government Lawyer, 25th November 2014

Source: www.localgovernmentlawyer.co.uk

Commons Registration – Local Government Law

Posted November 25th, 2014 in commons, land registration, local government, news, regulations by sally

‘County Councils in England, District Councils in England for an area without a County Council, London Borough Councils and County or County Borough Councils in Wales are “commons registration authorities”. The commons registration authority in relation to any land is the authority in whose area the land is situated. Where any land falls within the area of two or more commons registration authorities, the authorities may by agreement provide for one of them to be the commons registration authority in relation to the whole of the land.’

Local Government Law, 17th November 2014

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

Legitimate Expectations – Local Government Law

Posted November 25th, 2014 in contracts, energy, local government, news by sally

‘In Solar Century Holdings Ltd v Secretary of State for Energy and Climate Change [2014] EWHC 3677 (Admin) the submissions made for the Claimant included that (1) certain pre-legislative statements were admissible and in effect bound the Government, according to the principles laid down by Lord Steyn in R (Westminster City Council) v National Asylum Support Service [2002] UKHL 38 at paragraph 6, (2) certain statements made by the Government were “clear and unequivocal” representations which gave rise to a legitimate expectation, and (3) the expectation could not be trumped or thwarted by any of the policy considerations advanced by the Government. Green J rejected all these submissions. The case concerned renewable energy sources by way of large scale “solar farms”, governed by the Electricity Act 1989, as amended by the Energy Act 2013, and whether the Government was bound to maintain a particular scheme in place until 2017. Clear and repeated representations had been made to that effect, but they had always been qualified.’

Local Government Law, 17th November 2014

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

Public access to local authority information: transparency with teeth – Panopticon

Posted November 21st, 2014 in documents, freedom of information, local government, news, planning by tracey

‘The Freedom of Information Act and Environmental Information Regulations are the dominant statutory regimes for public transparency, but they are of course not the only ones. A good example is the regime under the Local Government Act 1972 (as amended), particularly sections 100A-K. Those provisions govern public access to local authority meetings, as well as the public availability of minutes, reports, background documents and so on for such meetings, subject to provisions for exempt information (Schedule 12A). A recent judgment of the Admin Court (Cranston J) in a planning matter, Joicey v Northumberland County Council [2014] EWHC 3657 (Admin) illustrates the importance of compliance with that regime for public access to information.’

Panopticon, 20th November 2014

Source: www.panopticonblog.com

Birmingham ‘exploitation’ order: Two more men banned – BBC News

Posted November 21st, 2014 in burden of proof, child abuse, injunctions, local government, news, sexual grooming by tracey

‘Two more men have been banned from contact with young girls in an “innovative” High Court case to prevent child sexual exploitation.’

BBC News, 20th November 2014

Source: www.bbc.co.uk

High Court judge dismisses challenge to Ealing shopping centre planning permission – OUT-LAW.com

Posted November 20th, 2014 in appeals, local government, news, planning, substitution by tracey

‘A High Court judge has dismissed a challenge to Ealing Council’s approval of plans to redevelop the Oaks Shopping Centre in west London, after disagreeing with claims that the substitution of a councillor on the Council’s planning committee was unlawful.’

OUT-LAW.com, 19th November 2014

Source: www.out-law.com

Family pressure group “had no business” in applying for habeas corpus on behalf of mother – UK Human Rights Blog

Posted November 19th, 2014 in children, civil procedure rules, contempt of court, detention, domestic violence, families, habeas corpus, local government, news, third parties by sally

‘An application for habeas corpus by a pressure group was completely “hopeless” and “entirely misconceived”. The appellant’s challenge to the decision of the judge below was equally devoid of merit. Third party applications are only appropriate where the prisoner is incommunicado or where the impediment preventing the prisoner from acting is ignorance or disability. It was entirely inappropriate in these circumstances, where the prisoner had been represented by counsel throughout the proceedings which resulted in her imprisonment, or where her detention had already ended before the application for habeas corpus was made.’

UK Human Rights Blog, 18th November 2014

Source: www.ukhumanrightsblog.com

Regina (Stirling) v Haringey London Borough Council – WLR Daily

Posted November 18th, 2014 in appeals, consultations, council tax, law reports, local government, Supreme Court by sally

Regina (Stirling) v Haringey London Borough Council [2014] UKSC 56; [2014] WLR (D) 486

‘A public consultation under paragraph 3(1)(c) of Schedule 1A to the Local Government Finance Act 1992, as inserted, about a proposed council tax reduction scheme was unlawful if it did not involve inviting and considering views about possible alternatives to the scheme favoured by the local authority.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

Sims (Appellant) v Dacorum Borough Council (Respondent) – Supreme Court

Posted November 18th, 2014 in appeals, housing, human rights, landlord & tenant, law reports, local government, Supreme Court by sally

Sims (Appellant) v Dacorum Borough Council (Respondent) [2014] UKSC 63 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) – Supreme Court

Posted November 18th, 2014 in appeals, homelessness, housing, law reports, local government, repossession, Supreme Court by sally

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) [2014] UKSC 62 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

When a system of inspection simply isn’t enough – Zenith PI Blog

Posted November 18th, 2014 in appeals, housing, local government, news, personal injuries by sally

‘The circumstances of the claim are as follows. The Claimant had been visiting her parents who had lived for some years in sheltered housing owned by the Defendant. The Claimant’s parents’ accommodation had a back entrance, which was approached by way of a tarmac path, beside which were an area of patchy grass. There was a difference in level between the path and the earth of approximately two and a half inches. At trial the Judge found that the edge of the path was clear and did not need to be marked. He accepted that the Claimant had stepped half on and half off the path which has caused her ankle to cockle and for her to fall.’

Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

My Achy, Breaky Tenancy: Supreme Court rules it human rights-compatible for one tenant’s unilateral Notice to Quit to end a joint tenancy – Zenith Chambers

Posted November 18th, 2014 in appeals, housing, human rights, landlord & tenant, local government, news, notification, Supreme Court by sally

‘Something that can take some housing practitioners by surprise is a Notice to Quit served, not by a landlord on a tenant, but by a tenant on a landlord (sometimes referred to by housing officers as a “notice to terminate”).’

Zenith Chambers, 13th November 2014

Source: www.zenithchambers.co.uk

Errors, damn errors, and statistics: Ajilore v Hackney LBC – NearlyLegal

Posted November 18th, 2014 in appeals, homelessness, housing, local government, mental health, news, statistics, suicide by sally

‘With the Supreme Court set to look at priority need this December, Ajilore v Hackney [2014] EWCA Civ 1273 may prove to be a brief footnote in the evolution of the bloated Pereira test. But, at least for the next four weeks, it tells us something about the construction of the “ordinary homeless person” against which, post Johnson v Solihull [2013] EWCA Civ 752, applicants for homeless assistance are assessed.’

NearlyLegal, 16th November 2014

Source: www.nearlylegal.co.uk

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