Category: local government

High Court dismisses neighbourhood plan challenge (R (Park Lane Homes (South East) Limited) v Rother District Council) – No. 5 Chambers

Posted April 8th, 2022 in chambers articles, housing, local government, news, planning by sally

‘The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum. Among the issues were whether national policy and guidance required a neighbourhood plan to allocate sites for housing to meet a strategic requirement in the development plan and the requirements of procedural fairness during the neighourhood plan-making process. The High Court dismissed the claim. Written by Howard Leithead, barrister at No5 Barristers’ Chambers.’

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No. 5 Chambers, 4th April 2022

Source: www.no5.com

High Court judge refuses to block trip by vulnerable adult abroad but urges her not to go – Local Government Lawyer

Posted April 8th, 2022 in child abuse, indecent photographs of children, internet, jurisdiction, local government, mental health, news, passports, sexual grooming, sexual offences by sally

‘A young adult with a lifelong serious mental illness should not be prevented from visiting a man in Brazil suspected of grooming her, but should very carefully consider the wisdom of doing so, a Deputy High Court judge has said.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Judge gives guidance on care cases where parent has learning disability – Local Government Lawyer

Posted April 7th, 2022 in adoption, care orders, children, families, family courts, learning difficulties, local government, news by sally

‘A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Profit making private providers of children’s care & breaches of Article 5 – Garden Court Chambers

Posted April 7th, 2022 in care homes, care orders, chambers articles, children, detention, family courts, human rights, local government, news by sally

‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’

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Garden Court Chambers, 4th April 2022

Source: www.gardencourtchambers.co.uk

Council concedes High Court challenge to grant of prior approval over failure to undertake sufficient inquiries – Local Government Lawyer

Posted April 7th, 2022 in local government, news, planning by sally

‘A council has conceded a High Court challenge to its grant of prior approval for a maize storage bunker and effluent tanker on a farm, over its failure to undertake sufficient inquiries for the purposes of establishing that the application was for permitted development within the class.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Case Comment: R (on the application of Z) v Hackney LBC [2020] UKSC 40 – UKSC Blog

Posted April 6th, 2022 in appeals, EC law, equality, housing, human rights, Judaism, landlord & tenant, local government, London, news, proportionality, race discrimination, Supreme Court by sally

‘The narrow result of this appeal is that, on the facts, it was proportionate and lawful for a charity to restrict the allocation of its housing stock to Orthodox Jewish families. However, in reaching that conclusion, Lord Sales, giving the leading judgment, made a number of points of wider importance.’

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UKSC Blog, 4th April 2022

Source: ukscblog.com

Case Comment: Croydon London Borough Council v Kalonga [2022] UKSC 7 – UKSC Blog

Posted April 6th, 2022 in appeals, forfeiture, housing, landlord & tenant, local government, news, repossession, Supreme Court by sally

‘Ms Chipo Kalonga (“Ms Kalonga”) was the tenant of a property in Croydon under a flexible tenancy for a fixed term of five years from 25 May 2015 to 24 May 2020 (the “Tenancy Agreement“). Croydon London Borough Council was her landlord (“Croydon“).’

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UKSC Blog, 5th April 2022

Source: ukscblog.com

High Court finds council in contempt of court over failure to comply with mandatory injunction on placement planning for autistic young man – Local Government Lawyer

Posted April 4th, 2022 in autism, contempt of court, disabled persons, injunctions, judicial review, learning difficulties, local government, news by sally

‘A High Court judge has found Cardiff City Council in contempt of court over its failure to comply with a mandatory injunction in a case concerning future placement planning for a young man with a range of diagnoses including autistic spectrum disorder and severe communication and learning difficulties.’

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Local Government Lawyer, 1st April 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal over placement order after judicial analysis “fell significantly short” – Local Government Lawyer

Posted April 1st, 2022 in adoption, appeals, children, families, family courts, judgments, local government, news, placement orders by sally

‘The Court of Appeal has overturned a decision to make a placement order for an 18-month-old boy after finding that the judicial analysis “fell significantly short”.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Twins forced into mechanical restraint chairs at school awarded £80k compensation by council – Local Government Lawyer

Posted March 31st, 2022 in compensation, local government, news, restraint, school children by sally

‘Kent County Council has agreed to pay £80,000 in compensation after it admitted a school it ran breached its policy and the Department for Education’s guidance by using mechanical restraint chairs against two boys when they were aged between five and eight years old.’

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Local Government Lawyer, 30th March 2022

Source: www.localgovernmentlawyer.co.uk

Case Comment: In The Matter of T (A Child) [2021] UKSC 35 – UKSC Blog

Posted March 31st, 2022 in children, consent, deprivation of liberty safeguards, judiciary, local government, news, Supreme Court by sally

‘In this post, Matthew Purchase QC of Matrix Chambers discusses the Supreme Court’s decision in the matter of T (A Child) [2021] UKSC 35. The Court was asked to consider two things: first, whether it was a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case, and secondly if, contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what the relevance is of the child’s consent to the proposed living arrangements.’

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UKSC Blog, 30th March 2022

Source: ukscblog.com

Planning Court judge rejects out of time bid to challenge Community Infrastructure Levy liability – Local Government Lawyer

Posted March 31st, 2022 in judicial review, local government, news, planning, time limits by sally

‘A challenge to an East Suffolk Council community infrastructure levy (CIL) liability notice was made so long outside the time allowed for judicial review that there was no reason to vary this, the High Court has ruled.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Judge refuses Tesco permission to bring judicial review challenges over permissions for new Aldi store – Local Government Lawyer

Posted March 30th, 2022 in judicial review, local government, news, planning by sally

‘A High Court judge has refused Tesco permission to bring two judicial review claims over grants of planning permission by Havering Council that will facilitate a new Aldi store in Romford.’

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Local Government Lawyer, 29th March 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court agrees to hear case where town council sold land subject to statutory trust without complying with statutory requirements – Local Government Lawyer

Posted March 29th, 2022 in appeals, local government, news, planning, sale of land, trusts by sally

‘The Supreme Court has granted permission to appeal in a dispute over what happens when a local authority disposes of land subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements.’

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Local Government Lawyer, 29th March 2022

Source: www.localgovernmentlawyer.co.uk

Fixed term secure tenancies and forfeiture – Nearly Legal

Posted March 28th, 2022 in appeals, forfeiture, housing, landlord & tenant, local government, news, repossession, Supreme Court by tracey

‘Croydon London Borough Council v Kalonga (2022) UKSC 7. In which the Supreme Court considered the position on termination of “flexible tenancies” – fixed term secure tenancies – during the fixed term. We saw the Court of Appeal judgment dismissing Croydon’s appeal of the dismissal of its possession claim. Croydon then appealed to the Supreme Court.’

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Nearly Legal, 27th March 2022

Source: nearlylegal.co.uk

Greater Manchester: Bus firm appeals against public control ruling – BBC News

Posted March 28th, 2022 in appeals, consultations, judicial review, local government, news, transport by tracey

‘A bus operator that lost a legal battle to stop Greater Manchester’s bus network returning to public control is appealing against the ruling.’

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BBC News, 27th March 2022

Source: www.bbc.co.uk

The Court of Protection and transparency – Local Government Lawyer

Posted March 25th, 2022 in Court of Protection, disabled persons, families, freedom of expression, human rights, local government, media, news, privacy, public interest, reporting restrictions by tracey

‘Lauren Gardner analyses a Court of Protection ruling on whether proceedings in relation to a 21-year-old woman should be open to the public and whether the judgment should be published.’

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Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

In accordance with parameter plans – Local Government Lawyer

Posted March 25th, 2022 in interpretation, local government, news, planning by tracey

‘What does it mean to be “in accordance with” an approved plan? Daniel Kolinsky QC and Ben Fullbrook examine a recent High Court ruling.’

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Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

Teaching assistant attacked by five-year-old who was ‘big for his age’ wins six-figure payout – Daily Telegraph

Posted March 23rd, 2022 in assault, children, compensation, employment, local government, news, personal injuries, school children by sally

‘A former teaching assistant has been awarded a six-figure payout after suing her bosses over an attack by a five-year-old who was “big for his age”.’

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Daily Telegraph, 22nd March 2022

Source: www.telegraph.co.uk

Local authority ordered to pay 85% of costs of wasted Court of Protection hearing – Local Government Lawyer

Posted March 23rd, 2022 in costs, Court of Protection, disabled persons, internet, learning difficulties, local government, news, time limits by sally

‘A local authority that was seeking to restrict a woman’s access to social media has been ordered to pay 85% of the Official Solicitor’s costs after the council was late in submitting assessments and a position statement.’

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Local Government Lawyer, 22nd March 2022

Source: www.localgovernmentlawyer.co.uk