Council fails in Court of Appeal bid to overturn kinship carer fees ruling – Local Government Lawyer

Posted July 25th, 2013 in appeals, equality, families, fostering, local government, news by tracey

“A London borough has failed in a Court of Appeal bid to overturn a ruling that its policy of differential treatment of family foster carers and unrelated foster carers was unlawful.”

Full story

Local Government Lawyer, 25th July 2013

Spurce: www.localgovernmentlawyer.co.uk

HS2 challenge rejected by Court of Appeal – BBC News

Posted July 24th, 2013 in appeals, environmental protection, local government, news, railways by tracey

“The latest legal challenge to the HS2 high-speed rail project has been rejected by the Court of Appeal.”

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BBC News, 24th July 2013

Source: www.bbc.co.uk

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council – WLR Daily

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council: [2013] EWCA Civ 804; [2013] WLR (D) 297

“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Refusal of shadow licence for nightclub “unlawful”, says High Court judge – Local Government Lawyer

Posted July 24th, 2013 in licensing, local government, news, statutory interpretation by tracey

“A decision by a council’s licensing services manager to reject an application from a landlord for a ‘shadow’ licence was unlawful, a High Court judge has ruled.”

Full story

Local Government Lawyer, 23rd July 2013

Source: www.localgovernmentlawyer.co.uk

High Court rejects ‘prematurity’ challenge to 800-home Shottery approval – OUT-LAW.com

Posted July 23rd, 2013 in housing, local government, ministers' powers and duties, news, planning by tracey

“A Secretary of State (SoS) decision to grant planning permission for a residential development outside Stratford-upon-Avon did not prejudice the local authority’s emerging local plan, a High Court judge has ruled.”

Full story

OUT-LAW.com, 19th July 2013

Source: www.out-law.com

Councils could be forced to cut parking permit cost following court judgement – Daily Telegraph

Posted July 23rd, 2013 in local government, news, parking by tracey

“Councils across the country could be forced to cut the cost of residents’ parking permits following a landmark judgment in the High Court.”

Full story

Daily Telegraph, 22nd July 2013

Source: www.telegraph.co.uk

Alemo-Herron v Parkwood Leisure Ltd – WLR Daily

Alemo-Herron v Parkwood Leisure Ltd (Case C-426/11); [2013] WLR (D) 288

“Article 3 of Council Directive 2001/23/EC precluded a member state from providing, in the event of a transfer of an undertaking, that dynamic clauses referring to collective agreements negotiated and adopted after the date of transfer were enforceable against the transferee, where that transferee did not have the possibility of participating in the negotiation process of such collective agreements concluded after the date of the transfer.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

Cwmbran fire trial: Serious case review is called – BBC News

Posted July 22nd, 2013 in children, fire, local government, murder, news, police, sentencing, social services by sally

“A serious case review will be launched after three generations of the same family were murdered in a house fire.”

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BBC News, 19th July 2013

Source: www.bbc.co.uk

Allotment-holders take legal action against Eric Pickles – The Independent

Posted July 22nd, 2013 in judicial review, local government, news, sale of land by sally

“Allotment-holders are taking legal action against Eric Pickles, the Communities and Local Government Secretary, over his decision to approve the development of a site in Watford used by local families for more than 100 years.”

Full story

The Independent, 21st July 2013

Source: www.independent.co.uk

Getting local authorities mythbusting – Cloisters

“Local authorities have a duty not to spend public money on propaganda for a political party. Section 4 of the Local Government Act 1986 provides for a Code of recommended practice as regards publicity. Councils which fail to follow its requirements may find themselves in breach of s 2 of the LGA 1986 and subject to judicial review. Hence councils act with caution in this area. Declan O’Dempsey writes about recent work on the Local Audit and Accountability Bill, which should encourage local authorities to rebut factually inaccurate stories put out by political parties, perhaps event during the election “purdah” period.”

Full story (PDF)

Cloisters, July 2013

Source: www.cloisters.com

Gambling watchdog disputes analysis by district judge over primary activity – Local Government Lawyer

Posted July 18th, 2013 in gambling, licensing, local government, news by tracey

“The Gambling Commission has publicly rejected a district judge’s suggestion in the recent Paddy Power case that primary gambling activity is an area solely for the watchdog, not licensing authorities.”

Full story

Local Governemtn Lawyer, 17th July 2013

Source: www.localgovernmentlawyer.co.uk

Surviving LASPO conference: ‘imperative’ that next government has advice strategy – LegalVoice

Posted July 17th, 2013 in appeals, benefits, budgets, legal aid, legal services, local government, news by sally

“A single helpline to act as ‘a safety net’ for those who can not find legal help and a £100m national advice fund, are likely to be two of more eye-catching recommendations of the Low Commission on the Future of Advice and Legal Support reports Jon Robins.”

Full story

LegalVoice, 17th July 2013

Source: www.legalvoice.org.uk

Michael Gove strips council of child protection powers – The Guardian

“A council has been stripped of its powers to provide child protection by the education secretary, Michael Gove, after the latest in a series of damning reports found its services could not overcome a persistent culture of ‘failure and disillusion’.”

Full story

The Guardian, 16th July 2013

Source: www.guardian.co.uk

The impact of the revocation of the temporary stop notice regulations on Gypsies and Travellers: the road to nowhere – Garden Court Chambers Blog

“Marc Willers examines why changes to temporary stop notice provisions risk forcing Gypsies and Travellers onto the roadside.”

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Garden Court Chambers Blog, 15th July 2013

Source: www.gclaw.wordpress.com

Judicial review of FTT in UT: what costs rule applies? – Education Law Blog

“In R (LR) v FTT [2013] UKUT 0294 (AAC) the parents and local authority had settled an appeal against a statement of special educational needs and entered into a consent order. The local authority subsequently sought to re-open the tribunal’s approval of that order and, following a review, the FTT set it aside.”

Full story

Education Law Blog, 9th July 2013

Source: www.education11kbw.com

Sacked chief constables could launch human rights claim, says watchdog – Daily Telegraph

Posted July 12th, 2013 in human rights, local government, news, police, proportionality, unfair dismissal by tracey

“Chief constables who are forced out of their jobs by police and crime commissioners could launch claims under the European Convention on Human Rights, a watchdog has said.”

Full story

Daily Telegraph, 11th July 2013

Source: www.telegraph.co.uk

Not pending this appeal – NearlyLegal

Posted July 9th, 2013 in appeals, homelessness, housing, judicial review, local government, news by sally

“When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant’s route to challenge a refusal by the local authority to provide accommodation pending appeal to the Court of Appeal?”

Full story

NearlyLegal, 8th July 2013

Source: www.nearlylegal.co.uk

‘Gutting’ of Jillings child abuse report angers victims – The Guardian

“A decision to continue to withhold crucial details from a damning report on widespread abuse in children’s homes has been strongly criticised by victims, lawyers and child protection experts.”

Full story

The Guardian, 8th July 2013

Source: www.guardian.co.uk

North Wales care abuse: Jillings report published after 17 years – BBC News

“A report written 17 years ago into claims of abuse at children’s homes in north Wales in the 1970s and 1980s has been published.”

Full story

BBC News, 8th July 2013

Source: www.bbc.co.uk

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening) – WLR Daily

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening): [2013] UKSC 45 ;   [2013] WLR (D)  264

“The hypothesis of the second limb of the ‘in the same employment’ test in section 1(6) of the Equal Pay Act 1970 was that the chosen male comparators were to be transferred to do their present jobs in the location where the women claimants worked, while there was no requirement of any real possibility that such a transfer would occur. The question to be answered was whether in the event of such a transfer, however unlikely, the comparators would remain employed on the same or broadly similar terms and conditions to those applicable in their current place of work.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk