Category: local government

Aster Healthcare Ltd v Shafi (Representative of the estate of Mohammed Shafi, decd) – WLR Daily

Posted February 5th, 2014 in care homes, fees, law reports, local government by sally

Aster Healthcare Ltd v Shafi (Representative of the estate of Mohammed Shafi, decd) [2014] EWHC 77 (QB); [2014] WLR (D) 42

‘Section 7 of the Mental Capacity Act 2005, which provided for payments for services by a person who lacked capacity, was not and could not be engaged where the services in question were provided to the mentally incapacitated individual under an arrangement made by the service provider with a local authority exercising its statutory duty under Pt III of the National Assistance Act 1948.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

Supreme Court to rule on deregistration of town and village greens – Local Government Lawyer

Posted February 4th, 2014 in appeals, commons, land registration, local government, mistake, news, rectification, Supreme Court by sally

‘The Supreme Court is set to rule this week on two conjoined cases concerning whether it is just to de-register land registered as a town or village green when there was a legal error that led to the registration.’

Full story

Local Government Lawyer, 4th February 2014

Source: www.localgovernmentlawyer.co.uk

No reason for reasons redux – NearlyLegal

Posted February 3rd, 2014 in appeals, homelessness, housing, local government, news, reasons by tracey

‘A rather odd second appeal from a s.204 appeal decision. At issue was whether the Council’s review officer should take into account “the homeless person’s state of knowledge about the Council’s rejection of the person’s reasons for stating he or she did not wish to live in a particular area”. In short, was an absence of a stated reason for a decision a potential issue on review.’

Full story

NearlyLegal, 2nd February 2014

Source: www.nearlylegal.co.uk/blog/

Launch of Child Sexual Exploitation Operating Protocol – CrimeLine

Posted February 3rd, 2014 in charities, child abuse, codes of practice, local government, London, news, police, sexual offences, standards by tracey

‘The Metropolitan Police Service is hosting a multi-agency launch at City Hall today, Monday 3 February, to set a benchmark for the investigation of child sexual exploitation in the capital. Designed to enhance victim care through improved referral pathways the MPS has drawn up robust processes to identify children at risk of abuse and sexual exploitation. The London Child Sexual Exploitation (CSE) Operating Protocol – which has been agreed across all 32 London boroughs – sets out the standards expected of all those agencies involved in dealing with the identification and protection of vulnerable children who are targeted for sexual abuse.’

Full story

CrimeLine, 31st February 2014

Source: www.crimeline.info

Sussex landowners mount ‘legal blockade’ against fracking – BBC News

Posted February 3rd, 2014 in demonstrations, energy, fracking, government departments, local government, news, planning, trespass by tracey

‘Landowners in the Sussex Downs National Park are mounting a “legal blockade” to block a potential fracking site. Solicitors for residents near Fernhurst, in West Sussex, have written to Celtique Energie and the Energy Secretary Ed Davey to explicitly deny permission to drill under their land.’

Full story

BBC News, 3rd February 2014

Source: www.bbc.co.uk

Local Audit and Accountability Act 2014

Posted January 31st, 2014 in auditors, health, legislation, local government by sally

Local Audit and Accountability Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

Judge backs claim by grandmother for financial support from council – Local Government Lawyer

Posted January 30th, 2014 in costs, families, fostering, grandparents, local government, news, social services by sally

‘A grandmother has won a High Court battle with a council over the financial support she claimed she should have received to care for her 11-year-old granddaughter.’

Full story

Local Government Lawyer, 29th January 2014

Source: www.localgovernmentlawyer

Council acted unlawfully in refusing tenancy – UK Human Rights Blog

Posted January 30th, 2014 in housing, illegality, landlord & tenant, local government, news, solicitors by sally

‘The High Court has held that a local authority had abused its powers by refusing to offer a solicitor a new lease of the claimant’s office premises.’

Full story

UK Human Rights Blog, 29th January 2014

Source: www.ukhumanrightsblog.com

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Posted January 29th, 2014 in appeals, bills, consent, EC law, environmental protection, judicial review, law reports, local government, news, planning, railways, Supreme Court, transport by sally

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Impossible Preference: Excluding the homeless from housing lists – NearlyLegal

Posted January 29th, 2014 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’

Full story

NearlyLegal, 28th January 2014

Source: www.nearlylegal.co.uk

Upper Tribunal on bedrooms – NearlyLegal

Posted January 27th, 2014 in appeals, benefits, carers, housing, interpretation, local government, news, tribunals by sally

‘There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of ‘bedroom’. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though addressing LHA rather than the bedroom tax.’

Full story

NearlyLegal, 26th January 2014

Source: www.nearlylegal.co.uk

High Court slams council for “act of retaliation” against PI law firm which sued it – Legal Futures

Posted January 27th, 2014 in judicial review, landlord & tenant, law firms, local government, news, personal injuries by sally

‘A local authority’s refusal to offer a law firm tenant a new lease was “an act of retaliation, pure and simple”, to punish the firm for bringing personal injury claims against it, the High Court found last week.’

Full story

Legal Futures, 27th January 2014

Source: www.legalfutures.co.uk

Mark Elliot: Reflections on the HS2 case: a hierarchy of domestic constitutional norms and the qualified primacy of EU law – UK Constitutional Law Group

Posted January 24th, 2014 in bills, consultations, EC law, environmental protection, local government, news, railways, Supreme Court by sally

‘Earlier this week, the UK Supreme Court gave judgment in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3. A good overview of the issues at stake in the case can be found in the Court’s press summary, as well as in a post by David Hart on the UK Human Rights Blog. This post is concerned only with one aspect of the decision, and with some very interesting dicta concerning not only the relationship between UK and EU law, but the nature of the UK’s constitutional order itself.’

Full story

UK Constitutional Law Group, 23rd January 2014

Source: www.ukconstitutionallaw.org

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents); R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents); R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) – Supreme Court

Posted January 23rd, 2014 in appeals, bills, consultations, EC law, environmental protection, law reports, local government, railways, Supreme Court by sally

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0172; R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0173; R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) UKSC 2013/0187

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

Mike Hancock MP council report will not be published – BBC News

Posted January 22nd, 2014 in local government, news, professional conduct, reports, sexual offences by sally

‘A report which found Liberal Democrat MP Mike Hancock breached a council code of conduct over alleged behaviour towards a “vulnerable” woman, will not be published.’

Full story

BBC News, 21st January 2014

Source: www.bbc.co.uk

High Court rules on provision of care for nomadic Gypsy/Traveller children – Halsbury’s Law Exchange

Posted January 20th, 2014 in benefits, children, disabled persons, equality, human rights, judicial review, local government, news, travellers by sally

‘Marc Willers analyses the impact of a High Court ruling which gave an important judgment on the provision of care for nomadic Gypsy and Traveller children.’

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Halsbury’s Law Exchange, 17th January 2014

Source: www.halsburyslawexchange.com

Essex council sells elderly man’s £24,000 Pissarro painting to pay towards his care home fees – The Independent

Posted January 20th, 2014 in care homes, Court of Protection, elderly, fees, local government, news by sally

‘A painting belonging to an elderly man has been sold for £24,000 to help pay for his care home fees, a council said.’

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The Independent, 17th January 2014

Source: www.independent.co.uk

Ombudsman and council in standoff over £60,000-plus payment – Local Government Lawyer

Posted January 17th, 2014 in carers, compensation, complaints, delay, local government, married persons, news, ombudsmen by sally

‘The Local Government Ombudsman and a local authority are at loggerheads over a recommendation that the council pay out more than £60,000 to a man forced to become a full-time carer for his wife.’

Full story

Local Government Lawyer, 16th January 2014

Source: www.localgovernmentlawyer.co.uk

Court of Appeal agrees to hear day centre closures case – Local Government Lawyer

Posted January 16th, 2014 in appeals, care homes, consultations, learning difficulties, local government, news by tracey

‘Claimants seeking to stop the closure of day centres in Shropshire have this week been given permission to take their case to the Court of Appeal.’

Full story

Local Government Lawyer, 16th January 2014

Source: www.localgovernmentlawyer.co.uk

Council wins tribunal appeal over disclosure of legal advice and EIR – Local Government Lawyer

Posted January 15th, 2014 in appeals, confidentiality, disclosure, local government, news, planning, privilege, public interest, solicitors, tribunals by tracey

‘A local authority has won an appeal in the First-Tier Tribunal over an Information Commissioner decision that it should disclose legal advice related to the redevelopment of a town centre.’

Full story

Local Government Lawyer, 15th January 2014

Source: www.localgovernmentlawyer.co.uk