Children’s Commissioner for England asks for views on adding care experience to list of ‘protected characteristics’ – Local Government Lawyer

Posted August 2nd, 2023 in adoption, care homes, children, equality, fostering, local government, news by sally

The Children’s Commissioner for England, Dame Rachel de Souza, is to ask care-experienced people for their views on whether care experience should be a ‘protected characteristic’ under the Equality Act 2010 – “like age, disability or religion currently are”.

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Local Government Lawyer, 1st August 2023

Source: www.localgovernmentlawyer.co.uk

Intentional homelessness – what counts as accommodation? – Nearly Legal

Posted August 1st, 2023 in appeals, homelessness, housing, local government, news by sally

‘A second appeal to the Court of Appeal on Folkestone’s decision that Ms Hodge was intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under licence.’

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Nearly Legal, 31st July 2023

Source: nearlylegal.co.uk

Council told to pay £6,000 after condition of property forced family to share one bedroom – Local Government Lawyer

Posted August 1st, 2023 in compensation, housing, local government, news, ombudsmen by sally

‘The Housing Ombudsman has called on Barking and Dagenham Council to pay £6,000 to a resident after leaving her and her family of six in damp and mould for more than two-and-a-half years, in which they were eventually all forced to share one bedroom.’

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Local Government Lawyer, 31st July 2023

Source: www.localgovernmentlawyer.co.uk

Suitability appeal – don’t ignore evidence of need – Nearly Legal

‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’

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Nearly Legal, 28th July 2023

Source: nearlylegal.co.uk

Borough council not vicariously liable for abuse suffered by claimant, High Court rules – Local Government Lawyer

‘Barnsley Metropolitan Borough Council is not vicariously liable for sexual abuse inflicted on claimant DJ by an uncle who was a de facto foster parent, the High Court has found.’

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Local Government Lawyer, 27th July 2023

Source: www.localgovernmentlawyer.co.uk

“Landmark” Social Housing Act receives Royal Assent – Local Government Lawyer

Posted July 26th, 2023 in enforcement, fines, housing, landlord & tenant, local government, news, repairs by sally

‘The Social Housing (Regulation) Act received Royal Assent last week (20 July) with the Department for Levelling Up, Housing and Communities (DLUHC) claiming that the legislation will “strengthen powers to tackle failing social landlords, and tenants living in unsafe homes will be better supported by the Regulator”.’

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Local Government Lawyer, 25th July 2023

Source: www.localgovernmentlawyer.co.uk

Section 106s and all that – Local Government Lawyer

Posted July 24th, 2023 in housing, local government, news, planning by tracey

‘While the case law on s.106 issues should now be settled, two recent decisions, like London red buses, come along as useful additions to the planning practitioner’s e-library, writes John Pugh-Smith.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Swindon resident fined for fly-tipping as council cracks down – BBC News

Posted July 24th, 2023 in fines, local government, news, waste by tracey

‘A person has been issued with a £400 fixed penalty notice (FPN) as a council cracks down on fly-tipping.’

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BBC News, 24th July 2023

Source: www.bbc.co.uk

Compulsory purchase – lessons from recent refusals – Local Government Lawyer

Posted July 21st, 2023 in compulsory purchase, local government, news by tracey

‘Two recent compulsory purchase decisions have highlighted certain areas of risk to acquiring authorities, writes Matthew Tucker. These decisions particularly emphasise the importance of the process of negotiation and also indicate a heightened level of scrutiny of acquiring authorities’ conduct in this respect.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Waiving or varying a requirement in an enforcement notice – Local Government Lawyer

Posted July 21st, 2023 in appeals, enforcement notices, local government, news, planning by tracey

‘The Divisional Court has ruled on the power to waive or relax an enforcement notice under Section 172A. Melissa Murphy KC and Charles Streeten look at the outcome.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Supporting pupils with ADHD in school – Local Government Lawyer

‘Laura Martin and Theresa Kerr provide a legal perspective on how pupils with ADHD can be supported in school.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Covid and cancelled school trips – Local Government Lawyer

Posted July 19th, 2023 in compensation, coronavirus, holidays, local government, news, school children by tracey

‘Sarah Prager KC analyses the latest instalment in the great Covid refund saga.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds deficient reasoning from Family Court judge when making findings of fact – Local Government Lawyer

‘The Court of Appeal has set aside a family court judgment, after finding an “absence of recorded analysis” in the oral judgment that was delivered in only an hour.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Ombudsman raps landlord over Equality Act failures, issuing of invalid section 21 notice – Local Government Lawyer

‘The Housing Ombudsman has sharply criticised a landlord for repeatedly failing to have sufficient regard for its obligations under the Equality Act 2010, and told it to review how it issues section 21 notices.’

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Local Government Lawyer, 12th July 2023

Source: www.localgovernmentlawyer.co.uk

Airbase asylum plans: High Court gives permission to councils’ challenge – BBC News

‘A legal bid to challenge the Home Office’s decision to use former airbases to house asylum seekers has been approved by the High Court.’

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BBC News, 14th July 2023

Source: www.bbc.co.uk

City fined £200k after grass cutting and arboriculture staff develop hand arm vibration syndrome and carpal tunnel syndrome – Local Government Lawyer

Posted July 13th, 2023 in fines, health & safety, local government, news, parks, trees by sally

‘Plymouth City Council has been fined £200,000 after its failures led to employees developing hand arm vibration syndrome (HAVS) and carpal tunnel syndrome (CTS).’

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Local Government Lawyer, 12th July 2023

Source: www.localgovernmentlawyer.co.uk

Hospital discharge and subsequent placement should be considered as separate matters when determining capacity: CoP – Local Government Lawyer

‘The Court of Protection has allowed an appeal against a decision that a woman lacked capacity to consent to discharge from hospital and to be placed in specified accommodation, saying that the discharge and placement offer should have been treated as separate matters.’

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Local Government Lawyer, 11th July 2023

Source: www.localgovernmentlawyer.co.uk

Case Note on the Supreme Court case of R (Maguire) v The Coroner for Blackpool & Fylde [2023] UKSC 20 – 2 Hare Court

‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’

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2 Hare Court, 30th June 2023

Source: www.2harecourt.com

NHS trust brings judicial review against three councils in bid to secure £1.8m in developer contributions – Local Government Lawyer

Posted July 10th, 2023 in budgets, hospitals, housing, judicial review, local government, news, planning by sally

‘The High Court is set to hear a challenge from Worcestershire Acute Hospitals NHS Trust over a decision by three local councils to refuse its request for developer contributions towards healthcare service provision before approving a 2,200-dwelling development.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Operating CCTV lawfully – Local Government Lawyer

‘A county court judge has ruled that Islington Council’s operated its CCTV system lawfully. Sam Fowles explains why.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk