Category: local government
Court of Appeal confirms principle on responsibility for s. 117 after-care funding – Local Government Lawyer
‘The Court of Appeal has confirmed the principle that the placing authority remains liable for funding s. 117 Mental Health Act 1983 after-care.’
Local Government Lawyer, 22nd May 2014
Source: www.localgovernmentlawyer.co.uk
Church Comrs for England v Hampshire County Council – WLR Daily
Church Comrs for England v Hampshire County Council [2014] EWCA Civ 634; [2014] WLR (D) 207
‘Regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 provided a means for curing deficiencies in an application to register land as a town or village green under section 15 of the Commons Act 2006 and once that application was so cured it was treated as duly made on the date on which the original defective application was lodged. Whether an applicant had been afforded a “reasonable opportunity” by the registration authority to put a defective application in order, for the purposes of regulation 5(4), was a question of law for the court and was not reviewable only on Wednesbury grounds.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
Supreme Court rejects call to register recreation ground as village green – Local Government Lawyer
‘The Supreme Court has upheld a county council’s refusal to register a recreation ground – which had been provided for that purpose by another local authority – as a village green.’
Local Government Lawyer, 21st May 2014
Source: www.localgovernmentlawyer.co.uk
Article 8 and night-time care – NearlyLegal
‘The ECtHR Chamber has delivered its decision in McDonald v UK. For the reasons given below, the Court has decided that there was no breach of Article 8 ECHR following the reduction in Royal Borough of Kensington and Chelsea’s care services package for Ms McDonald, except for a period from November 2008 to November 2009, when her care needs were not met.’
NearlyLegal, 21st May 2014
Source: www.nearlylegal.co.uk
Requirement to work in different location not pre-2014 TUPE “workforce” change, says EAT – OUT-LAW.com
‘Employees who were required to work in a different location after their work was outsourced were not exempted from legal protections aimed at such workers under pre-2014 rules, the UK’s employment appeal tribunal (EAT) has ruled.’
OUT-LAW.com, 21st May 2014
Source: www.out-law.com
Ex-ballerina forces ‘landmark’ ruling in social care, charity says – Daily Telegraph
‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’
Daily Telegraph, 20th May 2014
Source: www.telegraph.co.uk
Permitted use restriction in retail lease breached Competition Act, London court rules – OUT-LAW.com
‘A ‘permitted use’ restriction in a commercial lease which limited the type of goods that a retail tenant could sell from the premises was in breach of the Competition Act, a county court in London has ruled.’
OUT-LAW.com, 19th May 2014
Source: www.out-law.com
Golf course judicial review case reversed on appeal – UK Human Rights Blog
‘The Court of Appeal has reversed the robustly expressed view of Haddon-Cave J (see my post here) that the grant of planning permission to a proposed “exclusive” golf club in Surrey should be quashed.’
UK Human Rights Blog, 18th May 2014
Source: www.ukhumanrightsblog.co.uk
Blue badge fraud prosecutions ‘double over three years’ – BBC News
‘Blue badge fraud prosecutions have doubled over three years, figures from English councils have revealed.’
BBC News, 17th May 2014
Source: www.bbc.co.uk
Judge condemns council for ‘unlawful detention’ of pensioner moved to care home – Daily Telegraph
‘A woman was “unlawfully deprived of her” liberty and her right to family life breached when she was removed from her home by a local council, a judge has ruled.’
Daily Telegraph, 17th May 2014
Source: www.telegraph.co.uk
Council tax liability and void properties – Hardwicke Chambers
‘Section 4 of the Local Government Finance Act 1992 (“LGF92”) provides that council tax is payable1 on any dwelling which is not an “exempt dwelling”. A dwelling is an “exempt dwelling” if it is “of a class prescribed by an order made by the Secretary of State”2 and thereby falls into one of 23 categories provided for by the Order.’
Hardwicke Chambers, 30th April 2014
Source: www.hardwicke.co.uk
The Anti-Social Behaviour, Crime & Policing Act 2014 – Hardwicke Chambers
‘This briefing note seeks to explain the main changes to anti-social behaviour injunctions (ASBIs), anti-social behaviour orders (ASBOs), possession claims relating to anti-social behaviour under the Housing Acts of 1985 and 1988, and related remedies brought in by Parts 1 to 6 of the Act1 as far as they concern local housing authorities (LHAs) and private registered providers (PRPs).’
Hardwicke Chambers, 8th April 2014
Source: www.hardwicke.co.uk
L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) – Supreme Court
L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) [2014] UKSC 27 (YouTube)
Supreme Court, 8th May 2014
Council defeats developers in High Court skirmish over neighbourhood plan – Local Government Lawyer
‘A High Court judge has today rejected a judicial review challenge brought by three national housebuilders over a council’s decision to agree to put a draft neighbourhood plan to a referendum.’
Local Government Lawyer, 9th May 2014
Source: www.localgovernmentlawyer.co.uk
Council wins appeal over quashing of golf course planning permission – Local Government Lawyer
‘A local authority and a developer have won their appeal over a High Court ruling that quashed planning permission for a controversial hotel and golf complex in the Surrey Hills.’
Local Government Lawyer, 9th May 2014
Source: www.localgovernmentlawyer.co.uk
Challenging discretionary housing payments by way of judicial review – Garden Court Chambers Blog
‘Desmond Rutledge looks at the role discretionary housing payments (DHPs) have assumed in the wake of the Government’s welfare reform programme and examines the scope for challenging DHP decisions.’
Garden Court Chambers Blog, 7th May 2014
Source: www.gclaw.wordpress.com
Abuse claim Beechwood children’s home residents awarded compensation – BBC News
‘Former residents at a children’s care home have been awarded compensation after claims they were sexually abused.’
BBC News, 3rd May 2014
Source: www.bbc.co.uk
Judge quashes licensing decision after “serious procedural irregularity” – Local Government Lawyer
‘A council’s decision to refuse to renew a lap-dancing club’s sexual entertainment venue licence must be quashed because of a “serious procedural irregularity” which led to it being taken by the wrong persons, a High Court judge has ruled.’
Local Government Lawyer, 1st May 2014
Source: www.localgovernmentlawyer.co.uk
Review into death of boy pinpoints decision of magistrates to refuse EPO – Local Government Lawyer
‘A “very unusual” Magistrates’ Court decision to refuse the grant of an emergency protection order (EPO) for a baby boy disempowered agencies, a serious case review into his death has concluded.’
Local Government Lawyer, 25th April 2014
Source: www.localgovernmentlawyer.co.uk
