Rotherham Council to be subject of independent inspection – BBC News

Posted September 11th, 2014 in child abuse, inquiries, local government, news, social services by sally

‘Rotherham Council is to face an independent inspection following the report that revealed 1,400 children were sexually abused in the town.’

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BBC News, 10th September 2014

Source: www.bbc.co.uk

Case dropped against parents of boy who missed school – BBC News

‘Legal action has been dropped against parents who took their child out of school without permission, as the family has moved to the US.’

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BBC News, 8th September 2014

Source: www.bbc.co.uk

The public sector equality duty and priority need – NearlyLegal

‘In Kanu v Southwark LBC [2014] EWCA Civ 1085, the Court of Appeal considered whether the public sector equality duty added an additional obligation on housing officers when they came to consider whether an applicant had a priority need. As you will all know the public sector equality is an obligation placed on public authorities by s.149, Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Broken down, when someone is disabled, the duty further requires an authority to have due regard to the need to take steps to take account of a person’s disability.’

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NearlyLegal, 7th September 2014

Source: www.nearlylegal.co.uk

Mother who kept her daughter off school over cancer fears cleared by court – Daily Telegraph

Posted September 8th, 2014 in cancer, fines, health, local government, news, school children, truancy by sally

‘Kerry Capper dragged through the legal process after keeping her daughter at home fearing her cancer had returned.’

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Daily Telegraph, 5th September 2014

Source: www.telegraph.co.uk

Citizens Advice Bureau 75 year anniversary: Geese too loud? Lost false teeth? We can help! Celebrating seven decades of the CAB – The Independent

‘In September 1939, the CAB was established with the creation of 200 emergency centres across the country. Today it deals with issues from the fallout of the bedroom tax, benefits cuts and fraud, but in wartime it helped to replace lost ration books and put wives and parents in touch with lost sons and husbands in prisoner-of-war camps.’

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The Independent, 7th September 2014

Source: www.independent.co.uk

Rotherham child abuse scandal: Child safety officers will not face disciplinary action – The Independent

‘No-one responsible for children’s safeguarding in Rotherham during the 16-year period when more than 1,400 young people were abused will face disciplinary action despite the mounting public anger over the scandal, the chief executive of the council has confirmed.’

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The Independent, 3rd September 2014

Source: www.independent.co.uk

Legal Update: disclosure, formats and context – Law Society’s Gazette

‘Disclosure of information about children, pursuant to a request under the Freedom of Information Act 2000 (FoI), is always a difficult issue and the natural reaction of public authorities is to err on the side of caution.’

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Law Society’s Gazette, 1st September 2014

Source: www.lawgazette.co.uk

Supreme Court agrees to hear key case on intentional homelessness – Local Government Lawyer

Posted August 29th, 2014 in appeals, homelessness, housing, local government, news, Supreme Court by tracey

‘The Supreme Court has given an appellant permission to appeal a Court of Appeal ruling over the relevant time for a council to consider whether her homelessness was intentional.’

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Local Government Lawyer, 28th August 2014

Source: www.localgovernmentlawyer.co.uk

Rotherham sex abuse scandal: Victims seeking millions in compensation – Daily Telegraph

‘Victims of child sex exploitation in Rotherham launch a class action against the local council and police for failings that allowed years of abuse.’

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Daily Telegraph, 27th August 2014

Source: www.telegraph.co.uk

About 1,400 Rotherham children ‘sexually exploited over 16-year period’ – The Guardian

Posted August 26th, 2014 in child abuse, children, local government, news, rape, reports, sexual offences by tracey

‘About 1,400 children were sexually exploited in Rotherham over a 16-year period, according to a report that concluded “it is hard to describe the appalling nature of the abuse that child victims suffered”.’

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The Guardian, 26th August 2014

Source: www.guardian.co.uk

Barristers’ clerks leader condemns “scandalous” local authority portal scheme – Legal Futures

Posted August 22nd, 2014 in barristers, barristers' clerks, fees, local government, news, tenders by tracey

‘A barrister portal scheme operated by the North West Legal Consortium, a group of over 30 local authorities, has been condemned as “scandalous” by the Institute of Barristers’ Clerks (IBC).’

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Legal Futures, 22nd August 2014

Source: www.legalfutures.co.uk

Baby removed from mother at birth: a look at reporting restrictions orders – Halsbury’s Law Exchange

‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’

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Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

Care workers take Hampshire home employers to tribunal over pay and working hours – The Guardian

‘Eleven female carers to the elderly are taking their employers to a tribunal claiming they were only paid by the minutes they spent with clients rather than their rostered working hours. The staff, who were on zero-hours contracts, allege that, due to the arrangements, they were paid less than the minimum wage of £6.31 an hour. It is understood that some of the employees at Apex Care in Romsey, Hampshire, where the firm was commissioned to provide the home care service by the council, believe their real hourly wage was close to £3.50.’

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The Guardian, 17th August 2014

Source: www.guardian.co.uk

Erlam and others v Rahman and another – WLR Daily

Posted August 12th, 2014 in corruption, elections, law reports, local government by sally

Erlam and others v Rahman and another [2014] EWHC 2766 (Admin); [2014] WLR (D) 374

‘Non-compliance with the requirement in rule 4(1) of the Election Petition Rules 1960 for “setting out with sufficient particularity the facts relied on” did not render the petition a nullity, or compel its dismissal; the court had power under the CPR or its inherent jurisdiction to order the provision of further particulars to remedy the default.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

The latest on cuts: Lessons for authorities following R (Draper) v Lincolnshire CC – Hardwicke Chambers

Posted August 7th, 2014 in budgets, consultations, judicial review, libraries, local government, news by sally

‘Mr Justice Collins has handed down judgment in the latest case borne out of government cuts. The judgment provides useful learning to local authorities in particular on how to comply with new duties in relation to expressions of interest under the Localism Act 2011, writes Leon Glenister.’

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Hardwicke Chambers, 5th August 2014

Source: www.hardwicke.co.uk

Supreme Court agrees to hear case on eviction and disability discrimination – Local Government Lawyer

‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’

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Local Government Lawyer, 6th August 2014

Source: www.localgovernmentlawyer.co.uk

Arguably Serious – Aster Communities Ltd v Akerman-Livingstone – NearlyLegal

‘Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court.’

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NearlyLegal, 5th August 2014

Source: www.nearlylegal.co.uk

Regina (Maries) v Merton London Borough Council – WLR Daily

Regina (Maries) v Merton London Borough Council [2014] EWHC 2689 (Admin); [2014] WLR (D) 357

‘In exercising the power to appropriate land under section 122(1) of the Local Government Act 1972, the statutory question that had to be determined was whether the land remained, or was no longer, required for a particular purpose, meaning no longer needed in the public interest of the locality for that purpose. That was a question for the local authority and not the court, subject to principles of Wednesbury reasonableness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

When is Same-Sex Parenting a Private Fostering Arrangement? – Family Law Week

Posted August 4th, 2014 in children, fostering, homosexuality, local government, news by sally

‘Kate Tompkins, barrister, of 36 Bedford Row considers the implications of private fostering arrangements in respect of children born to same-sex couples.’

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Family Law Week, 31st July 2014

Source: www.familylawweek.co.uk

Consulting on library cuts – Law Society’s Gazette

Posted August 4th, 2014 in budgets, consultations, libraries, local government, news by sally

‘Local authorities proposing sensitive budget cuts inevitably cross minefields laden with lethal legal ordnance. This generally includes volatile consultation and equalities devices. But following the decision of Collins J on 17 July in Draper v Lincolnshire County Council [2014] EWHC 2388 (Admin), consultation may have become more complex.’

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Law Society’s Gazette, 4th August 2014

Source: www.lawgazette.co.uk