Errant councillors and the new standards regime – 11 KBW

Posted November 27th, 2012 in codes of practice, local government, news, sanctions by sally

“Up and down the country, local authorities have been putting in place new standards arrangements so as to comply with the Localism Act 2011 (‘the 2011 Act’) and the regulations made thereunder. The first hearings for dealing with allegedly errant councillors under the new standards regime are taking place.”

Full story

11 KBW, 20th November 2012

Source: www.11kbw.com

Attorney General v National Assembly for Wales Commission and others – WLR Daily

Posted November 26th, 2012 in bills, byelaws, devolution, law reports, local government, Wales by sally

Attorney General v National Assembly for Wales Commission and others [2012] UKSC 53; [2012] WLR (D) 341

“Provisions in the Local Government Byelaws (Wales) Bill, which were necessary to give effect to the Bill but raised no separate issue of principle, were incidental to or consequential to the Bill’s primary purpose of removing the requirement for the confirmation of byelaws by the Welsh Ministers as part of the overall streamlining and modernising of the way in which byelaws were made in Wales and, on a true construction, were within the legislative competence of the National Assembly for Wales.”

WLR Daily, November 2012

Source: www.iclr.co.uk

Adoption process is being rushed by councils, say judges – The Guardian

Posted November 19th, 2012 in adoption, children, fostering, local government, news by sally

“Children in care are being threatened with separation from siblings and other family members because local authorities are attempting to rush through inappropriate and premature adoptions, high court judges have told the Guardian.”

Full story

The Guardian, 18th November 2012

Source: www.guardian.co.uk

Charles Terence Estates Ltd v Cornwall Council – WLR Daily

Posted November 16th, 2012 in fiduciary duty, homelessness, housing, law reports, local government by tracey

Charles Terence Estates Ltd v Cornwall Council: [2012] EWCA Civ 1439;   [2012] WLR (D)  326

“It was not appropriate to circumscribe a local authority’s power to acquire houses in order to provide accommodation for unintentionally homeless in priority need by limiting the power to acquire at a reasonable price.”

WLR daily, 13th November 2012

Source: www.iclr.co.uk

Test case could dictate admissions policy in faith schools – Daily Telegraph

“New faith schools could be forced to admit pupils from non-religious backgrounds if a judicial review currently being heard in the High Court is successful.”

Full story

Daily Telegraph, 15th November 2012

Source: www.telegraph.co.uk

Housing: between a rock and a hard place – LegalVoice

Posted November 13th, 2012 in benefits, families, homelessness, housing, law centres, local government, news by sally

“Desperation among local authority housing departments is running so high that homeless families are regularly told they can be given accommodation only if their children go into care, writes Elizabeth Davidson. This shocking response on the part of the authorities is clearly a fob-off given that this would not only breach their legal duties but would cost their social services departments a lot of money.”

Full story

LegalVoice, 13th November 2012

Source: www.legalvoice.org.uk

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same – WLR Daily

Posted November 13th, 2012 in appeals, asylum, children, EC law, law reports, local government by sally

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same [2012] EWCA Civ 1432; [2012] WLR (D) 316

“Where an unaccompanied young person claimed asylum in the United Kingdom and applied to a local authority for the provision of services as a child in need under section 20 of the Children Act 1989, to determine whether that claimant was a child separate assessments were required for immigration purposes and for services from a local authority. The local authority was not bound by the finding of the Home Secretary as to the age of the claimant either under domestic or EU law.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

Birmingham city council faces £757m bill to settle equal pay claims – The Guardian

Posted November 13th, 2012 in compensation, equal pay, local government, news by sally

“The country’s largest local authority faces a potential bill of £757m to settle a string of equal pay claims lodged by mainly women workers, amid speculation that other councils and private sector firms could be targeted by a new wave of legal action.”

Full story

The Guardian, 12th November 2012

Source: www.guardian.co.uk

Residential Placement: The Upper Tribunal strikes again – Education Law Blog

Posted November 12th, 2012 in local government, news, residential care, special educational needs, tribunals by sally

“Special educational needs (“SEN”) cases involving residential placements are often particularly contentious: the pupil will often have (or be alleged to have) particularly significant SENs, but the local authority will be potentially facing a very large bill for such a placement. The issue has again been considered by the Upper Tribunal in London Borough of Hammersmith and Fulham v JH [2012] UKUT 328 (AAC).”

Full story

Education Law Blog, 12th November 2012

Source: www.education11kbw.com

Suitability: Of time and distance – NearlyLegal

Posted November 12th, 2012 in homelessness, housing, local government, news by sally

“With perfect timing, a County Court section 204 appeal judgment reaches us, on the issue of suitability of temporary accommodation. With the context of out of borough placements and the post Localism Act situation, this seemed worth considering and quoting in detail.”

Full story

NearlyLegal, 12th November 2012

Source: www.nearlylegal.co.uk

Estoppel and unconscionability – NearlyLegal

Posted November 12th, 2012 in estoppel, local government, news, rights of way, roads by sally

“In Joyce v Epsom & Ewell BC [2012] EWCA Civ 1398, the Court of Appeal were faced with a not dissimilar case to the classic Crabb v Arun DC [1976] 1 Ch 179, at least in so far as it was a claim to an easement against a local authority by way of proprietary estoppel.”

Full story

NearlyLegal, 9th November 2012

Source: www.nearlylegal.co.uk

‘Homeless Legislation – a thing of the past?’ – NearlyLegal

Posted November 12th, 2012 in homelessness, housing, local government, news by sally

“Now that the Guardian has the story, I feel able to quote a briefing paper by Andy Gale of the DCLG that had found its way to me. This is the briefing that Andy Gale has been giving to Council officers (not councillors, as far as I know) on what he gives as the DCLG view of the post-Localism Act world, how Councils should implement it, and how officers should sell this to Councillors.”

Full story

NearlyLegal, 10th November 2012

Source: www.nearlylegal.co.uk

The Article 8 Toys Go Back in the Box – NearlyLegal

Posted November 9th, 2012 in housing, human rights, landlord & tenant, local government, news, succession by tracey

“The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts.”

Full story

NearlyLegal, 9th November 2012

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

Council ‘failed to consider differing needs of elderly and dementia patients when setting care home fees’ – Daily Telegraph

“A group of care homes has won a legal challenge against their local council, after accusing it of setting care fees too low and putting elderly and frail people at serious risk.”

Full story

Daily Telegraph, 8th November 2012

Source: www.telegraph.co.uk

Noisy neighbours may be protected by new law to stop council snooping – The Guardian

“A new law to stop councils using counter-terrorism powers to snoop on people is thwarting efforts to tackle noisy neighbours, according to environmental health experts.”

Full story

The Guardian, 4th November 2012

Source: www.guardian.co.uk

Abdulla and others v Birmingham City Council – WLR Daily

Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294

“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”

WLR Daily, 24th October 2012

Source: www.iclr.co.uk

Government orders building standards review – The Guardian

“Regulations covering building standards, including fire safety and wheelchair access, could be torn up in a government plan to cut costs for the construction industry and boost the economy.”

Full story

The Guardian, 26th October 2012

Source: www.guardian.co.uk

Use stronger snooping powers against fly tipping, watchdog urges – Daily Telegraph

“New powers to snoop on all emails, web visits and phone calls could still be used to combat minor crimes despite Government assurances, the watchdog who oversees them has said.”

Full story

Daily Telegraph, 29th October 2012

Source: www.telegraph.co.uk

New powers to spread the cost of drink fuelled crime – Home Office

Posted October 26th, 2012 in alcohol abuse, crime prevention, local government, press releases by tracey

“New powers to help pay the nation’s £11bn a year bill for alcohol-related crime and disorder come into effect next week. The measures will give local authorities the opportunity to ensure those selling alcohol help pay towards the costs of cleaning up and policing the effects of excessive drinking in towns and cities across the country, as well as restrict the sale of alcohol in the early hours.”

Full press release

Home Office, 24th October 2012

Source: www.homeoffice.gov.uk

Women who worked for Birmingham council win equal pay court fight – The Guardian

Posted October 24th, 2012 in appeals, equal pay, local government, news, women by sally

“Scores of women who worked for a local authority have won an equal pay compensation fight at the UK’s highest court.”

Full story

The Guardian, 24th October 2012

Source: www.guardian.co.uk