High Court grants permission for legal challenge over lack of legal aid for school exclusion appeals – Local Government Lawyer

‘The High Court has granted permission for a claimant to challenge the lack of legal aid for appeals before an Independent Review Panel (IRP), the independent body that reviews the lawfulness of permanent exclusions.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Homelessness – Local Government Law

Posted November 29th, 2023 in appeals, homelessness, housing, local government, news, statutory duty, Supreme Court by sally

‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’

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Local Government Law, 29th November 2023

Source: local-government-law.11kbw.com

Equal pay: recent challenges – Local Government Lawyer

Posted November 28th, 2023 in equal pay, local government, news, sex discrimination by tracey

‘When it comes to job evaluation schemes and equal pay claims, where does the risk lie and what can be done to mitigate it? Sarah Lamont and Charlotte Rose explain.’

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Local Government Lawyer, 28th November 2023

Source: www.localgovernmentlawyer.co.uk

Council rejects Jewish sect’s planning application that would finally allow them to travel on the London Underground – The Independent

Posted November 28th, 2023 in human tissue, Judaism, local government, London, news, planning, transport by tracey

‘A council has rejected a multi-million pound scheme from a Jewish religious sect that would have allowed its members to use the London Underground.’

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The Independent, 27th November 2023

Source: www.independent.co.uk

Minimum service levels update – major change to UK trade union law – Local Government Lawyer

Posted November 27th, 2023 in employment, industrial action, local government, news, trade unions by tracey

‘Under the Strikes (Minimum Service Levels) Act 2023, which received Royal Assent on 20 July 2023, the Secretary of State has the power to set Minimum Service Levels (MSLs) for “relevant services” in the fields of health, transport, education, fire and rescue, border control, and nuclear decommissioning and radioactive waste management services. Christopher Grierson and Francesca Gallagher look at the key provisions.’

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Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling. – Local Government Lawyer

‘Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling.’

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Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Permitted development and the Habitats Regulations 2017 – Local Government Lawyer

‘Anne Gerzon explains how the Conservation of Habitats and Species Regulations 2017 apply to the deemed grant of planning permission set out in the General Permitted Development Order 2015.’

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Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Developer who ignored listed building notice hit with £80k fine – Local Government Lawyer

Posted November 22nd, 2023 in building law, enforcement notices, fines, housing, local government, news, planning by sally

‘A developer who neglected a listed mansion has been found guilty of ignoring a listed building notice for five years following a prosecution brought by Liverpool City Council.’

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Local Government Lawyer, 21st November 2023

Source: www.localgovernmentlawyer.co.uk

SRA issues report on opportunities and risks of AI – Local Government Lawyer

‘The Solicitors Regulation Authority has set out its views on the opportunities – and risks – presented by artificial intelligence (AI).’

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Local Government Lawyer, 21st November 2023

Source: www.localgovernmentlawyer.co.uk

Competition watchdog seeks views on use of landbanks and how planning rules affect competition – Local Government Lawyer

Posted November 22nd, 2023 in competition, consultations, housing, local government, news, ombudsmen by sally

‘The Competition and Markets Authority (CMA) has published two ‘working papers’ seeking feedback on its assessment of the use of landbanks, and how planning rules concerning zoning, consultations and local plan processes may be impacting competition and how new homes are delivered.’

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Local Government Lawyer, 21st November 2023

Source: www.localgovernmentlawyer.co.uk

Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again – Nearly Legal

Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.

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Nearly Legal, 19th November 2023

Source: nearlylegal.co.uk

Justice accuses Government of seeking to establish blanket anonymity for “junior” civil servants – Local Government Lawyer

‘Law reform charity Justice has intervened on what it called a “principle of open justice”, to allege the Government wanted blanket anonymity for civil servants deemed ‘junior’ in documents disclosed in judicial review proceedings.’

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Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

Lessons for Employers in handling Gender-transition at work – AB v Royal Borough of Kingston Upon Thames – Old Square Chambers

‘The London South Employment Tribunal (EJ McLaren and lay members) has handed down judgment and written reasons in AB v Royal Borough of Kingston Upon Thames.’

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Old Square Chambers, 19th October 2023

Source: oldsquare.co.uk

Council granted leave to make application for change in forename of child, subject to outcome of care order application – Local Government Lawyer

Posted November 16th, 2023 in care orders, children, families, local government, names, news by sally

‘The High Court has granted leave to a local authority to make an application to change an eight-month old’s registered forename.’

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Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

Government plan to use biomass in breach of Climate Change Act, charity argues – Local Government Lawyer

‘A charity is threatening the Government with a judicial review over its biomass strategy, arguing that the plan, which is part of the effort to cut greenhouse gas emissions, is in breach of the Climate Change Act 2008.’

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Local Government Lawyer, 15th November 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal adds additional hurdle to pension trustees recouping payments – OUT-LAW.com

Posted November 13th, 2023 in appeals, courts, enforcement, jurisdiction, local government, news, ombudsmen, pensions by tracey

‘Pension trustees in the UK will have to take an extra step to recover a disputed overpayment, as the English Court of Appeal has recently ruled that the Pensions Ombudsman (PO) is not a “competent court” for such purpose.’

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OUT-LAW.com, 10th November 2023

Source: www.pinsentmasons.com

How should schools and colleges investigate allegations of sexual assault against its staff? – Local Government Lawyer

‘Investigating allegations against staff is one of the most challenging issues for schools and colleges. Some lessons can be learned from a recent case, writes Joanne Moseley.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

Explaining Churchill v Merthyr Tydfil County – Local Government Lawyer

Posted November 13th, 2023 in appeals, damages, housing, local government, news, nuisance by tracey

‘Elizabeth England, of Five Paper Chambers, runs through the key points of the latest Court of Appeal Japanese Knotweed case.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

South Gloucestershire families needing respite care failed by council – BBC News

‘Almost a third of families with SEND children needing respite care have been failed by a council, according to a watchdog.’

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BBC News, 12th November 2023

Source: www.bbc.co.uk

Court of Appeal to conclude hearing on compulsory ADR – Legal Futures

Posted November 10th, 2023 in appeals, damages, dispute resolution, housing, local government, news, nuisance by tracey

‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’

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Legal Futures, 10th November 2023

Source: www.legalfutures.co.uk