Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer

‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’

Full Story

Local Government Lawyer, 5th May 2022

Source: www.localgovernmentlawyer.co.uk

Data breach litigation — more useful High Court guidance – Local Government Lawyer

Posted May 6th, 2022 in damages, data protection, local government, news by tracey

‘The High Court has provided further guidance on two important issues in data breach claims, writes Peter Wake.’

Full Story

Local Government Lawyer, 6th May 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsmen release joint guidance to tackle common mistakes in aftercare of mental health in-patients – Family Law

‘The Parliamentary and Health Service Ombudsman (PHSO) and the Local Government and Social Care Ombudsman (LGSCO) have released new guidance to tackle common and repeated mistakes seen in the aftercare of patients receiving support under the Mental Health Act.’

Full Story

Family Law, 5th May 2022

Source: www.familylaw.co.uk

No messing about – Nearly Legal

Posted May 5th, 2022 in homelessness, housing, local government, news, statutory duty by sally

‘Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of Appeal.’

Full Story

Nearly Legal, 4th May 2022

Source: nearlylegal.co.uk

Supreme Court to consider rent repayment order regime and superior landlords – Local Government Lawyer

‘The Supreme Court has granted permission to appeal in a case concerning the Rent Repayment Order regime in the Housing Act 2004 and Housing and Planning Act 2016, it has been reported.’

Full Story

Local Government Lawyer, 4th May 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court grants permission to appeal over gang injunction secured by council – Local Government Lawyer

‘The Supreme Court has agreed to hear an appeal over whether a gang injunction obtained by Birmingham City Council breached human rights law.’

Full Story

Local Government Lawyer, 3rd May 2022

Source: www.localgovernmentlawyer.co.uk

Covid breach court case criticised by Bedford gym owner – BBC News

Posted May 3rd, 2022 in coronavirus, local government, news, penalties, prosecutions, regulations by sally

‘A gym boss who is among 20 people who overturned a prosecution for a gym-related Covid breach said the case against him was a waste of time.’

Full Story

BBC News, 3rd May 2022

Source: www.bbc.co.uk

Wetlands protection law delays building of new homes in England – The Guardian

‘A legal requirement that new houses do not pollute nearby wetlands, rivers and nature reserves has halted development across a swath of England.’

Full Story

The Guardian, 2nd May 2022

Source: www.theguardian.com

County council defends High Court claim brought after driver killed by falling tree – Local Government Lawyer

‘Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.’

Full Story

Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Children law cases and parents with learning disabilities – Local Government Lawyer

‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’

Full Story

Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (on the application of Coughlan) v Minister for the Cabinet Office [2022] UKSC 11 – UKSC Blog

Posted April 28th, 2022 in elections, identification, local government, news, pilot schemes, ultra vires by sally

‘This appeal concerns a challenge brought by the Appellant to orders made by the Respondent in respect of Braintree District Council and nine other local authorities (“the Pilot Orders”). These Pilot Orders authorised schemes to temporarily change the rules set out in secondary legislation governing local elections. These schemes, which were implemented in ten local authority areas in respect of the local government elections in May 2019, each introduced a new requirement for some form of voter identification for those local elections.’

Full Story

UKSC Blog, 27th April 2022

Source: ukscblog.com

Re H [2022]EWFC 10: Guidance in Learning Disability Cases – Transparency Project

‘The Good Practice Guidance for working with parents with a learning disability was first published in 2007 by the Department of Health / Department for Education and Skills. Fifteen years and two revisions later, awareness of it remains patchy. In Re H [2022] EWFC 10 (19 January 2022), where the mother’s learning disability was a central feature of the case, the children’s social worker admitted that she was unfamiliar with the Guidance.’

Full Story

Transparency Project, 26th April 2022

Source: transparencyproject.org.uk

Social workers failed to act quickly to protect neglected toddler, inquiry says – The Guardian

‘Social workers failed to act to protect a vulnerable toddler less than three weeks before she was hospitalised with a broken arm, despite warnings that she was neglected and at risk of harm, an inquiry report has concluded.’

Full Story

The Guardian, 26th April 2022

Source: www.theguardian.com

The Observer view on failures of the child protection system – The Guardian

‘Two decades after the Victoria Climbié case led to an inquiry, recent deaths show we have learned little from such tragedies.’

Full Story

The Guardian, 24th April 2022

Source: www.theguardian.com

Supreme Court to issue ruling next week on lawfulness of voter ID pilot schemes – Local Government Lawyer

‘The Supreme Court will next week (27 April) issue its ruling on whether the voter identification (“ID”) pilot schemes that were implemented in the May 2019 local government elections were lawful.’

Full Story

Local Government Lawyer, 21st April 2022

Source: www.localgovernmentlawyer.co.uk

Logan Mwangi: mother, stepfather and unnamed teen found guilty of murder – The Guardian

‘A five-year-old boy was murdered by his mother, stepfather and a 14-year-old youth after months of abuse and imprisonment in the “dungeon” of his small, dark bedroom, a jury has found.’

Full Story

The Guardian, 21st April 2022

Source: www.theguardian.com

Ombudsman criticises council after child left without suitable educational provision for 14 months – Local Government Lawyer

‘An investigation by the Local Government and Social Care Ombudsman has seen Southend-on-Sea City Council agree to pay £9,000 to the mother of a child who was left without suitable schooling for more than a year.’

Full Story

Local Government Lawyer, April 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsmen release joint guidance to tackle common mistakes in aftercare of mental health in-patients – Family Law

‘The Parliamentary and Health Service Ombudsman (PHSO) and the Local Government and Social Care Ombudsman (LGSCO) have released new guidance to tackle common and repeated mistakes seen in the aftercare of patients receiving support under the Mental Health Act.’

Full Story

Family Law, 11th April 2022

Source: www.familylaw.co.uk

Ombudsman raps council for using incorrect information to place child on protection plan – Local Government Lawyer

Posted April 11th, 2022 in children, complaints, families, local government, news, ombudsmen, social services by tracey

‘Buckinghamshire Council caused significant distress after it shared incorrect information and failed to suitably include a mother in its process when deciding to place her child on a child protection plan, the Local Government and Social Care Ombudsman has found.’

Full Story

Local Government Lawyer, 11th April 2022

Source: www.localgovernmentlawyer.co.uk

High Court quashes grant of planning permission by Secretary of State for Holocaust memorial – Local Government Lawyer

Posted April 11th, 2022 in Judaism, local government, news, parks, parliament, planning by tracey

‘A High Court judge has quashed the Secretary of State’s decision to grant planning permission for a Holocaust memorial and learning centre in a park bordering the Palace of Westminster.’

Full Story

Local Government Lawyer, 11th April 2022

Source: www.localgovernmentlawyer.co.uk