Category: local government

How do we tackle institutional abuse of minors? – Halsbury’s Law Exchange

Posted July 4th, 2013 in child abuse, equality, local government, news, social services by sally

“In this piece I examine a difficult question. Is there now a need for a duty to have due regard to the need to eliminate abuse of minors over and above the welfare duty in s 11 of the Children Act 2004? (The question can be put in a number of different ways covering exploitation, abuse, and I have not tried to define precisely the social evil to be minimised).”

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Halsbury’s Law Exchange, 3rd July 2013

Source: www.halsburyslawexchange.co.uk

Brain-damaged claimant fails in Article 8 claim against Council – UK Human Rights Blog

Posted July 3rd, 2013 in care homes, disabled persons, human rights, local government, news, personal injuries, time limits, vicarious liability by sally

“On 29 May 2004, Bradley Bedford, then aged 13, was beaten senseless by one AH, then 15, whom he had the misfortune to encounter entirely by chance near the seaside in Torbay. AH was in a children’s home there which was contracted to the Defendant Council; AH was a ‘looked after’ child under section 20 of the Children Act 1989. Bradley sued the Council for failing to protect him. His claim was limited to one under the Human Rights Act, and Article 8 ECHR in particular.”

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UK Human Rights Blog, 2nd July 2013

Source: www.ukhumanrightsblog.com

Legal aid cuts: ‘a return to widespread miscarriages of justice’ – The Guardian

Posted July 3rd, 2013 in disabled persons, expert witnesses, judicial review, legal aid, litigants in person, local government, miscarriage of justice, news, prisons, solicitors by sally

“What impact will the latest raft of legal aid cuts have on people fighting councils or who are wrongly accused of a crime? We ask former defendants, their families, lawyers and experts.”

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The Guardian, 2nd July 2013

Source: www.guardian.co.uk

Grey v Swansea City and County Council – WLR Daily

Posted July 2nd, 2013 in contracts, law reports, licensing, local government, road traffic by sally

Grey v Swansea City and County Council [2013] WLR (D) 260

“A public service vehicle could be ‘used on a road for carrying passengers for hire or reward’, within the terms of the Public Passenger Vehicles Act 1981, even if it were not actually in motion on the road, and so failure to display the operator’s disc, which section 18 of the Act required to be fixed to and exhibited on the vehicle, on such a stationary vehicle could constitute a breach of statutory duty.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

The time to act on the bedroom tax is now – Garden Court Chambers Blog

Posted July 2nd, 2013 in benefits, housing, local government, news, repossession, social security by sally

“At a time when the bedroom tax is coming to dominate debates about housing and fairness in our society, Liz Davies considers the options available to local councils in resisting this policy of central government.”

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Garden Court Chambers Blog, 1st July 2013

Source: www.gclaw.wordpress.com

A historic leap forward for equal pay claimants? – UK Human Rights Blog

Posted June 28th, 2013 in appeals, employment, equal pay, human rights, local government, news, Supreme Court by tracey

“Dumfries and Galloway -v- North [2013] UKSC 45. Yesterday’s much heralded equal pay ‘victory’ in the Supreme Court (see BBC Report) undoubtedly will be good news for the specific female claimants in the case who seek to vindicate their European Union rights to equal pay.”

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UK Human Rights Blog, 27th June 2013

Source: www.ukhumanrightsblog.com

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) – Supreme Court

Posted June 27th, 2013 in appeals, education, employment tribunals, equal pay, law reports, local government, Scotland, sex discrimination, Supreme Court by sally

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) [2013] UKSC 45 | UKSC 2011/0046 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Cusack v Harrow London Borough Council – WLR Daily

Posted June 26th, 2013 in human rights, law reports, local government, parking, proportionality, road traffic by sally

Cusack v Harrow London Borough Council [2013] UKSC 40; [2013] WLR (D) 250

“A highway authority had power under section 80 of the Highways Act 1980 to erect barriers so as to prevent vehicular access to a frontager’s forecourt, without paying compensation, in order to safeguard users of the highway and the fact that section 66(2) of the same Act conferred an alternative power to achieve the same object, which was subject to compensation, was immaterial.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

A1P1 and property rights in the Supreme Court again – UK Human Rights Blog

Posted June 26th, 2013 in compensation, human rights, local government, news, parking, road traffic, Supreme Court by sally

“This is the tale of how a solicitor from Harrow ended up litigating about his off-street parking in the Supreme Court – and reached for Article 1 of Protocol 1 (A1P1) of ECHR, by way of a second string to his bow. Not his choice, as he had won in the Court of Appeal on other grounds. But his failure on the point reminds us that in the majority of cases A1P1 is a difficult argument to bring home.”

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UK Human Rights Blog, 25th June 2013

Source: www.ukhumanrightsblog.com

There’s no place like home – NearlyLegal

Posted June 24th, 2013 in appeals, housing, jurisdiction, landlord & tenant, local government, news, repossession, time limits by sally

“Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985.”

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NearlyLegal, 23rd June 2013

Source: www.nearlylegal.co.uk

Revealed: How UK justice is dispensed out of hours down the phone line – The Independent

Posted June 24th, 2013 in Court of Protection, evidence, inquiries, judgments, judiciary, local government, news, telephone hearings by sally

“The Court of Protection is facing fresh questions about transparency, as The Independent reveals that its judges are making life-or-death decisions over the phone, with incomplete evidence, in proceedings that are not always recorded.”

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The Independent, 24th June 2013

Source: www.independent.co.uk

Newham Council issued illegal parking fines after camera error – BBC News

Posted June 21st, 2013 in evidence, fines, illegality, local government, news, parking by tracey

“Parking tickets were illegally issued by a dozen cameras over at least two years, a London council has admitted – but it refuses to refund fined drivers.”

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BBC News, 21st June 2013

Source: www.bbc.co.uk

Supreme Court considers conditions for removing child for adoption – UK Human Rights Blog

Posted June 20th, 2013 in adoption, appeals, local government, news, parental rights, Supreme Court by sally

“This appeal concerned whether a child of two years of age should be permanently removed from her parents and placed for adoption; and, in that regard, whether the child was likely to suffer significant harm: within the meaning of s.31(2)(a) of the Children Act 1989; and a consideration of whether her permanent removal might interfere with the exercise of the right to respect for family life under Article 8 of the ECHR, and, if so, whether the order should be proportionate to its legitimate aim of protecting the child.”

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UK Human Rights Blog, 20th June 2013

Source: www.ukhumanrightsblog.com

Cusack (Respondent) v London Borough of Harrow (Appellant) – Supreme Court

Posted June 20th, 2013 in appeals, compensation, injunctions, law reports, local government, roads, solicitors, Supreme Court by sally

Cusack (Respondent) v London Borough of Harrow (Appellant) [2013] UKSC 40 | UKSC 2012/0006 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Watching You, Watching Me: The Admissibility of Covertly Obtained Evidence in Employment Tribunals – No. 5 Chambers

Posted June 18th, 2013 in appeals, employment tribunals, evidence, local government, news by sally

“Should employees – or employers – be able to use secretly taped recordings as evidence when bringing or defending claims in the Employment Tribunal? In the recent case of Vaughan v London Borough of Lewisham & Others [2013] UKEAT 0534_12_0102 the Employment Appeal Tribunal confirmed the long established position that the method in which the evidence has been obtained does not affect its relevance; and relevance is the guiding principle when determining whether evidence is admissible.”

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No. 5 Chambers, 6th June 2013

Source: www.no5.com

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily

Posted June 18th, 2013 in appeals, commons, human rights, law reports, local government by sally

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council [2013] EWCA Civ 673 ; [2013] WLR (D) 234

“The provision in section 15(4) of the Commons Act 2006, allowing an application for registration of land as a town or village green to be made up to five years after a cessation of qualifying user predating the commencement of section 15, was not incompatible with the landowner’s right to peaceful enjoyment of possessions under article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 14th June 2013

Source: www.iclr.co.uk

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) – WLR Daily

Posted June 18th, 2013 in contracts, EC law, law reports, local government, public procurement by sally

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) (Case C-386/11); [2013] WLR (D) 233

“A contract whereby (without establishing co-operation between the contracting public entities with a view to carrying out a public service task that both of them had to perform)—one public entity had assigned to another the task of cleaning certain public buildings, while reserving a supervisory power, in return for payment for the costs incurred, the second entity being authorised to use the services of third parties which might be capable of competing on the market for the accomplishment of that task—constituted a public service contract within the meaning of article 1(2)(d) of Parliament and Council Directive 2004/18/EC.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

New CCTV Code of Practice: surveillance and the protection of freedoms – Panopticon

Posted June 18th, 2013 in closed circuit television, codes of practice, local government, news, police by sally

“Surveillance of the covert and digital variety has been dominating the news of late. The legal contours of the practices leaked by Edward Snowden (the NSA’s obtaining of internet metadata) and covered by The Guardian (most recently, GCHQ’s monitoring of certain communications of ‘friendly’ foreign allies) may be matters of some debate.”

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Panopticon, 17th June 2013

Source: www.panopticonblog.com

Newham Council loses fight to stop spread of betting shops as court upholds appeal by Paddy Power – The Independent

Posted June 18th, 2013 in appeals, gambling, licensed premises, local government, news by sally

“A council has accused the Gambling Commission of ‘refusing to act as a regulator’ and called for Government action as it loses its battle to curb the spread of betting shops in poorer areas.”

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The Independent, 17th June 2013

Source: www.independent.co.uk

Care Proceedings: the Operation and Effect of Pre-Proceedings – What do lawyers need to know? – Family Law Week

Posted June 14th, 2013 in care orders, case management, children, local government, news, time limits by sally

“Professor Judith Masson, School of Law University of Bristol, and Dr Jonathan Dickens, Centre for Research on Children and Families, University of East Anglia, explain the lessons learned for future practice from research conducted into the use of the pre-proceedings process in care cases.”

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Family Law Week, 13th June 2013

Source: www.familylawweek.com