Category: local government

Oxford City Council v Bull – WLR Daily

Posted May 24th, 2011 in appeals, homelessness, law reports, local government by sally

Oxford City Council v Bull [2011] EWCA Civ 609; [2011] WLR (D) 169

“Where the father of children who resided with their mother, from whom he was separated, allowed them to share his one-room accommodation, he became homeless intentionally, within the meaning of section 191(1) of the Housing Act 1996, on being evicted from that accommodation.”

WLR Daily, 18th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Avon Estates Ltd v Welsh Ministers and another – WLR Daily

Posted May 23rd, 2011 in law reports, local government, planning, time limits by sally

Avon Estates Ltd v Welsh Ministers and another [2011] EWCA Civ 55; [2011] WLR (D) 168

“Conditions attached to planning permission granted for a limited period could not be enforced against the landowner when the permissions had become spent and the planning authority had failed to enforce the removal of the building or the cessation of the permitted use so that the buildings became immune from enforcement action.”

WLR Daily, 16th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

High Court: Council must not axe care for elderly – Daily Telegraph

Posted May 20th, 2011 in disability discrimination, disabled persons, elderly, judicial review, local government, news, social services by tracey

“Britain’s biggest council has been told its plans to cut care services for elderly and severely disabled people are ‘unlawful’ and must be scrapped, in a landmark High Court judgement with wide-ranging implications for social care.”

Full story

Daily Telegraph, 19th May 2011

Source: www.telegraph.co.uk

Birmingham City Council care cuts ruling expected – BBC News

Posted May 19th, 2011 in disability discrimination, local government, news, social services by tracey

“High Court judges are to make a ruling on council care cuts that will have implications for all local authorities in England and Wales.”

Full story

BBC News, 19th May 2011

Source: www.bbc.co.uk

Chalet firm Avon Estates wins all-year court appeal – BBC News

Posted May 18th, 2011 in local government, news, planning, time limits by tracey

“The owners of a Ceredigion holiday park have won a court ruling over the right to use their 42 chalets all year round.”

Full story

BBC News, 16th May 2011

Source: www.bbc.co.uk

New laws to combat ‘tombstoning’ in East Yorkshire – BBC News

Posted May 16th, 2011 in byelaws, local government, news by sally

“New laws have been enforced by an East Yorkshire council to try and combat people jumping into the sea from a height or ‘tombstoning’.”

Full story

BBC News, 14th May 2011

Source: www.bbc.co.uk

Regina (Nassery) v Brent London Borough Council – WLR Daily

Posted May 13th, 2011 in housing, law reports, local government, mental health by tracey

Regina (Nassery) v Brent London Borough Council [2011] EWCA Civ 539; [2011] WLR (D) 156 

“Where a local authority was assessing whether a person was ‘in need of care and attention’ for the purposes of section 21(1)(a) of the National Assistance Act 1948 the primary focus was on present rather than future needs, but provided there was a present need for some sort of care an authority was also empowered to intervene before it became much worse.”

WLR Daily, 11th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Gwynedd homes whistle-blower Richard Jones’ job claim – BBC News

Posted May 13th, 2011 in disciplinary procedures, local government, news, unfair dismissal, whistleblowers by tracey

“A former housing association director claims he was sacked because he found a £800,000 deficit in Gwynedd council home transfer proposals.”

Full story

BBC News, 11th May 2011

Source: www.bbc.co.uk

Regina (G) v Lambeth London Borough Council and another – WLR Daily

Posted May 11th, 2011 in children, housing, law reports, local government, social services by sally

Regina (G) v Lambeth London Borough Council and another [2011] EWCA Civ 526; [2011] WLR (D) 152

“Accommodation ostensibly provided to a child aged 16 to 17 by a council as a local housing authority was to be deemed to be accommodation provided by it as a children’s services authority where the child met the criteria of a ‘child in need’ within section 17(10) of the Children Act 1989 and the actions of a social worker working for the council in a different team could properly be imputed to the social services division. Consequently on reaching adulthood that person became a ‘former relevant child’ within section 23C(1) of the 1989 Act, as inserted, and was owed the duties set out in that section.”

WLR Daily, 6th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Law Commission recommends radical overhaul of adult social care law – Law Commission

Posted May 11th, 2011 in carers, elderly, Law Commission, local government, news, social services by sally

“The Law Commission is recommending the most far-reaching reforms of adult social care law seen for over 60 years, in a report published today.”

Full story

Law Commission, 11th May 2011

Source: www.justice.gov.uk

Law Commission: elderly care must be reformed – Daily Telegraph

Posted May 11th, 2011 in care homes, elderly, Law Commission, local government, news, social services by sally

“Elderly people will be guaranteed a minimum level of council help under plans for the most radical overhaul of social care in 60 years.”

Full story

Daily Telegraph, 11th May 2011

Source: www.telegraph.co.uk

Disabled people take anti-cuts protest to the courts – The Guardian

Posted May 10th, 2011 in disability discrimination, disabled persons, judicial review, local government, news by sally

“Disabled people are using the courts to challenge multimillion-pound spending cuts which they say will hit them hardest.”

Full story

The Guardian, 10th May 2011

Source: www.guardian.co.uk

Sharif v Camden London Borough Council – WLR Daily

Posted May 6th, 2011 in families, homelessness, housing, law reports, local government by sally

Sharif v Camden London Borough Council [2011] EWCA Civ 463; [2011] WLR (D) 148

“A local housing authority’s duty under section 193(2) of the Housing Act 1996 to secure that accommodation was available for occupation by a homeless applicant was not discharged by providing two self-contained flats with no shared communal living areas, one for occupation by the applicant and her sister and the other for occupation by her father, because such accommodation was not available for occupation by the applicant together with any other persons who normally resided with her as members of her family within the meaning of section 176 of the 1996 Act.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

High Court challenge to library closures in the West – BBC News

Posted May 4th, 2011 in budgets, judicial review, libraries, local government, news by sally

“Two county councils which want to close libraries in the west of England are facing a judicial review.”

Full story

BBC News, 3rd May 2011

Source: www.bbc.co.uk

Councils mount legal challenge over academies cuts – BBC News

Posted May 4th, 2011 in budgets, education, judicial review, local government, news by sally

“A group of English local authorities are mounting a legal challenge against government budget cuts tied to its academies expansion programme.”

Full story

BBC News, 3rd May 2011

Source: www.bbc.co.uk

Public will be ‘barred’ from justice in legal aid reform, warn lawyer group – Daily Telegraph

Posted April 26th, 2011 in education, hospitals, judicial review, legal aid, local government, news by sally

“The public will be effectively barred from fighting incompetent doctors and councils in the courts under plans to cut legal aid, the body representing lawyers warned yesterday.”

Full story

Daily Telegraph, 21st April 2011

Source: www.telegraph.co.uk

Judge raps care ‘failures’ in paedophile case – The Independent

Posted April 26th, 2011 in child abuse, learning difficulties, local government, news, sexual offences, social services by sally

“A High Court judge investigating a mother with learning difficulties whose children became victims of a dangerous paedophile has strongly condemned the way the case was handled by a county’s social services.”

Full story

The Independent, 21st April 2011

Source: www.independent.co.uk

Birmingham City Council disabled care limits ‘unlawful’ – BBC News

Posted April 21st, 2011 in disability discrimination, disabled persons, local government, news, social services by sally

“Judges have ruled that Birmingham City Council’s plans to limit social care for disabled people are unlawful.”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

Council rubbish bin collection fines to be scrapped – BBC News

Posted April 11th, 2011 in fines, local government, news, waste by sally

“Fines for residents who break the rules on rubbish collections in England are to be scrapped.”

Full story

BBC News, 10th April 2011

Source: www.bbc.co.uk

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Posted April 7th, 2011 in appeals, dispute resolution, homelessness, housing, law reports, local government by sally

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.