Labour challenges Penlington-Pennington vote mix-up at High Court – BBC News

Posted June 13th, 2012 in elections, local government, news by sally

“The High Court is being asked to overturn a council election result after votes for a Labour candidate were wrongly given to a Conservative rival with a similar name.”

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BBC News, 13th June 2012

Source: www.bbc.co.uk

Costing Services for the Disabled – Garden Court Chambers Blog

Posted June 13th, 2012 in budgets, disabled persons, local government, news by sally

“Tim Baldwin summarises an important Supreme Court decision on the duties of local authorities when providing services to disabled persons.”

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Garden Court Chambers Blog, 12th June 2012

Source: www.gclaw.wordpress.com

Carers of relatives in England to get legal rights – BBC News

Posted June 11th, 2012 in budgets, carers, families, local government, news by sally

“Ministers are planning to grant legal rights for the first time to people in England who spend hours caring for elderly or disabled relatives.”

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BBC News, 9th June 2012

Source: www.bbc.co.uk

Regina (KM) v Cambridgeshire County Council – WLR Daily

Regina (KM) v Cambridgeshire County Council [2012] UKSC 23; [2012] WLR (D) 171

“When a local authority was performing its duty under section 2 of the Chronically Sick and Disabled Persons Act 1970 and assessing the amount to be awarded to a disabled person, it was not irrational for the authority to use its resource allocation system and its upper banding calculator to arrive at a figure which would enable the disabled person to purchase the necessary services required to meet his eligible needs.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Supreme court dismisses disabled man’s care appeal in landmark ruling – The Guardian

“Judgment establishes that councils must not take cost into account when assessing disabled people’s care needs.”

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The Guardian, 31st May 2012

Source: www.guardian.co.uk

Sir Arthur Conan Doyle house campaigners win court ruling – BBC News

Posted May 30th, 2012 in housing, local government, news, planning by tracey

“A High Court judge has ruled that plans to develop the former home of Sherlock Holmes creator Sir Arthur Conan Doyle ‘must be quashed.’ ”

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BBC News, 30th May 2012

Source: www.bbc.co.uk

Overview of The Government’s White Paper on Anti-Social Behaviour Responses – Hardwicke Chambers

Posted May 28th, 2012 in ASBOs, local government, news, police by sally

“The Government has now issued its White Paper on the much-heralded changes to the methods presently used to tackle anti-social behaviour.”

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Hardwicke Chambers, 24th May 2012

Source: www.hardwicke.co.uk

Two Articles on Local Government Law – 11 KBW

Local Government Law Update: 21 May (PDF)
Local Government Law Update: 22 May (PDF)

11 KBW, May 2012

Source: www.11kbw.com

London council fined £70k following child sex abuse data breach – OUT-LAW.com

Posted May 22nd, 2012 in burglary, data protection, fines, local government, news by sally

“A local authority in London has been fined £70,000 after papers containing identifying details about child sex abuse cases were stolen from a social worker it employed.”

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OUT-LAW.com, 22nd May 2012

Source: www.out-law.com

El Goure v Kensington and Chelsea Royal London Borough Council – WLR Daily

Posted May 22nd, 2012 in appeals, homelessness, housing, law reports, local government by sally

El Goure v Kensington and Chelsea Royal London Borough Council [2012] EWCA Civ 670; [2012] WLR (D) 155

“Although the legislation did not lay down the criteria of special circumstances in relation to priority need for housing homeless persons, a separated parent’s reasonable expectation that his children, who were living with their other parent, would move to live with him did not impose an obligation on the local housing authority to consider the parent’s case as special circumstances case for priority needs. Where an applicant for housing was represented by solicitors the failure of the authority expressly to notify the solicitor so that they could make representations in connection with the review did not invalidate the decision of the review officer to uphold the authority’s decision rejecting an application for priority need housing.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Maswaku v Westminster City Council – WLR Daily

Posted May 22nd, 2012 in appeals, homelessness, housing, law reports, local government by sally

Maswaku v Westminster City Council [2012] EWCA Civ 669; [2012] WLR (D) 153

“Section 193(5) of the Housing Act 1996 did not impose any statutory obligation on the local housing authority to spell out each and every possible consequence if an eligible homeless applicant refused temporary alternative accommodation offered which the authority considered to be suitable for him.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) – WLR Daily

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) [2012] EWCA Civ 629; [2012] WLR (D) 150

“The statutory criteria for calculating housing benefit for tenants in the private rented sector based on an entitlement to a one bedroom rate discriminated against the severely disabled and there was no justification in their case for continuation of the single bedroom rules.”

WLR Daily, 15th May 2012

Source: www.iclr.co.uk

The Duty to House and Support the Vulnerable – Garden Court Chambers Blog

Posted May 21st, 2012 in health, housing, human rights, judicial review, local government, news by sally

“Tim Baldwin summarises a recent noteworthy High Court decision on housing and support for a terminally ill individual.”

Full story

Garden Court Chambers Blog, 21st May 2012

Source www.gclaw.wordpress.com

Court of Protection Update – Thirty Nine Essex Street

Court of Protection Update (PDF)

Thirty Nine Essex Street, May 2012

Source: www.39essex.com

Two Articles on Local Government Law – 11 KBW

Local Government Law Update: 14 May (PDF)
Local Government Law Update: 15 May (PDF)

11 KBW, May 2012

Source: www.11kbw.com

Dale Farm council urged to drop private prosecution of protesters – The Guardian

“A council is seeking to privately prosecute two dozen protesters for obstructing bailiffs during the eviction of Dale Farm, after police and the Crown Prosecution Service decided not to charge them.”

Full story

The Guardian, 18th May 2012

Source: www.guardian.co.uk

Torbay Council agrees to pay £25,000 to ‘suicidal’ man – BBC News

Posted May 17th, 2012 in bankruptcy, compensation, local government, mental health, news by sally

“A council in Devon has agreed to compensate a ‘suicidal’ man after its actions resulted in him going bankrupt.”

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BBC News, 17th May 2012

Source: www.bbc.co.uk

In re D (A Child) (Care Proceedings: Designated Local Authority) – WLR Daily

In re D (A Child) (Care Proceedings: Designated Local Authority): [2012] EWCA Civ 627;  [2012] WLR (D)  146

“In determining which local authority was to be the designated authority in care order proceedings governing a child, where the mother was herself a child in care, the ‘disregard provision’ contained within section 105(6) of the Children Act 1989 did not apply to the mother. It applied only to the child who was the subject of the care order proceedings.”

WLR Daily, 14th May 2012

Source: www.iclr.co.uk

Local Government Law Update – 11 KBW

Posted May 14th, 2012 in bills, budgets, electoral register, local government, news, rates by sally

Local Government Law Update (PDF)

11 KBW, 11th May 2012

Source: www.11kbw.com

Court of Appeal allows demolition of “derelict” building – OUT-LAW.com

Posted May 14th, 2012 in appeals, local government, news, planning, public interest by sally

“The Court of Appeal has ruled in favour of Stockton Council to allow it to proceed with the demolition of Billington House, the former headquarters of chemical company ICI, and now a derelict office block.”

Full story

OUT-LAW.com, 11th May 2012

Source: www.out-law.com