Library Closures and the Public Sector Equality Duty: Libraries – 11 KBW

Posted March 22nd, 2012 in equality, libraries, local government, news by sally

“I [Elisabeth Laing QC] consider 6 topics in this paper
(1) the legislative framework
(2) the implied duty to assess need
(3) community groups
(4) Equality Impact Assessments (‘EIAs’) and libraries
(5) institutional arrangements
(6) the Localism Act 2011.”

Full story (PDF)

11 KBW, 22nd March 2012

Source: www.11kbw.com

Fortune and others v Wiltshire Council and another – WLR Daily

Posted March 22nd, 2012 in appeals, law reports, local government, rights of way, roads by sally

Fortune and others v Wiltshire Council and another [2012] EWCA Civ 334; [2012] WLR (D) 90

“Section 67(2)(b) of the Natural Environment and Rural Communities Act 2006, which provided that section 67(1), as to the ending of certain existing unrecorded public rights of way, did not apply where such a right of way was shown in a list of highways maintainable at public expense, as required to be kept by councils under section 36(6) of the Highways Act 1980, did not require that list to be fully complaint with section 36(6), rather the requirement was that such a list should exist.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Traveller loses appeal against flat – The Independent

Posted March 21st, 2012 in appeals, housing, local government, news, travellers by sally

“An Irish traveller forced to leave an illegal site failed to persuade senior judges today that a local authority should be obliged to re-home him in a caravan.”

Full story

The Independent, 21st March 2012

Source: www.independent.co.uk

Three Articles on Academies – 11 KBW

Posted March 19th, 2012 in education, local government, news by sally

Academies – Land Transfers (PDF)

The Staffing, SEN and Admissions Issues for Local Authorities of Academy Creation (PDF)

The Process for Opening a Free School (PDF)

11 KBW, 13th March 2012

Source: www.11kbw.com

Court of Appeal: Herefordshire Council’s use of planning report did not provide adequate reasons for grant – OUT-LAW.com

Posted March 13th, 2012 in appeals, local government, news, planning by sally

“A local authority should not have used a report recommending the refusal of planning permission as justification for allowing that planning permission, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 12th March 2012

Source: www.out-law.com

Two articles on Local Government Law – 11 KBW

Posted March 12th, 2012 in local government, news, rates, roads by sally

Local Government Law Update: 6th March (PDF)
Local Government Law Update: 8th March (PDF)

11 KBW, March 2012

Source: www.11kbw.com

The Public Sector Equality Duty: The future is unwritten – Cloisters

Posted March 12th, 2012 in civil servants, equality, local government, news by sally

“With power and responsibility, thus spake Parliament, comes the obligation to take a proactive stance in the advancement of equality and elimination of discrimination. Accordingly a public authority can face legal challenges in the exercise of its functions not just for its acts but for its omissions. Enter the public sector equality duty.”

Full story (PDF)

Cloisters, March 2012

Source: www.cloisters.com

Council faces £70,000 legal bill over warden health and safety sign injury – Daily Telegraph

Posted March 9th, 2012 in compensation, health & safety, local government, news, personal injuries by tracey

“A council faces having to pay out tens of thousands of pounds after a park warden fell and injured himself while putting up health and safety signs.”

Full story

Daily Telegraph, 9th March 2012

Source: www.telegrph.co.uk

Local planning authorities’ acceptance of cheques in place of green space undertakings is contrary to guidance says judge – OUT-LAW.com

Posted March 5th, 2012 in environmental protection, local government, news, planning by tracey

“It is ‘extremely surprising’ that some local authorities accept cheques from developers making planning applications to compensate for the effect of a development on green space, according to a report of the ruling.”

Full story

OUT-LAW.com, 2nd March 2012

Source: www.out-law.com

‘Localism’ too vague to measure planning applications by, says High Court – OUT-LAW.com

Posted March 5th, 2012 in local government, news, planning by tracey

“‘Localism’ is not a concept against which planning applications can be measured, the High Court has said in a decision which has quashed a decision letter which had refused planning application for a development.”

Full story

OUT-LAW.com, 2nd March 2012

Source: www.out-law.com

Court of Appeal allows 584 home Blackpool development despite RSS revocation – OUT-LAW.com

Posted February 29th, 2012 in appeals, housing, judicial review, local government, news, planning by tracey

“The Court of Appeal has allowed a 584 home development in Blackpool to go ahead, dismissing an appeal against permission for the development. ”

Full story

OUT-LAW.com, 28th February 2012

Source: www.out-law.com

Adoptions: Ofsted issues tougher new rules – BBC News

Posted February 27th, 2012 in adoption, fostering, local government, news, ombudsmen by tracey

“Local authorities in England will only get an outstanding rating for adoption in future if they place children within 12 months, Ofsted says.”

Full story

BBC News, 27th February 2012

Source: www.bbc.co.uk

Norfolk urbanisation protesters win High Court battle – BBC News

Posted February 25th, 2012 in demonstrations, environmental protection, local government, news, planning by tracey

“Campaigners fighting town and city expansion in Norfolk have won a High Court battle with council planners. The group Snub (Stop Norwich Urbanisation), took action against Broadland District, South Norfolk District and Norwich City councils. The judge ruled that plans for 33,000 properties and the new Norwich northern distributor road had not been properly assessed.”

Full story

BBC News, 24th February 2012

Source: www.bbc.co.uk

Disclosure of some details about senior council officials’ interests legitimate, Tribunal rules – OUT-LAW.com

Posted February 24th, 2012 in data protection, local government, news, public interest by tracey

“Bolton Metropolitan Borough Council has been ordered to disclose information relating to the professional interests of senior council members following a ruling by the Information Rights Tribunal.”

Full story

OUT-LAW.com, 24th February 2012

Source: www.outlaw.com

Christian loses employment tribunal over Sunday working – BBC News

“A Christian woman who claimed she was forced to leave her job because she was made to work on Sundays, has lost her case against Merton Council.”

Full story

BBC News, 23rd February 2012

Source: www.bbc.co.uk

Torfaen County Borough Council v Douglas Willis Ltd – WLR Daily

Posted February 22nd, 2012 in food hygiene, health & safety, law reports, local government by sally

Torfaen County Borough Council v Douglas Willis Ltd [2012] EWHC 296 (Admin); [2012] WLR (D) 37

“In order to found a conviction for an offence under regulation 44(1)(d) of the Food Labelling Regulations 1996, a prosecuting authority was required to prove, to the criminal standard: (i) that the food, at the point that it was ready for delivery to the ultimate consumer or caterer, was ‘highly perishable’ and so required then and thereafter to be labelled with a ‘use by’ date; (ii) that the defendant was, at the time of the alleged offence, selling the food within the extended definition contained within regulation 2; and (iii) that, at the time of the alleged offence, the date on the ‘use by’ label had passed. The subsequent freezing of food requiring and given a ‘use by’ label would not cause that label to cease to have effect.”

WLR Daily, 20th February 2012

Source: www.iclr.co.uk

Court of Appeal decides interest on costs argument – 4 New Square

Posted February 20th, 2012 in costs, county courts, interest, local government, news by sally

“This morning (16th February 2012) the Court of Appeal handed down judgment in the case of Simcoe v Jacuzzi Group UK PLC. The case is, in effect, the appeal against HHJ Stewart QC’s judgment in Gray v Toner (Liverpool County Court, 11th November 2010) and provides the answer to the questions which have bedevilled detailed assessments for the last 18 months or so – from what date does interest on costs usually run and does the fact the Claimant was on a CFA provide a reason to not award interest until the costs are assessed”

Full story (PDF)

4 New Square, 16th February 2012

Source: www.4newsquare.com

Localism Act 2011: the New Standards Regime – 11 KBW

Posted February 20th, 2012 in local government, news, professional conduct by sally

“The new regime for upholding standards of conduct by local authority members is in place but not yet in full force. It represents a compromise between localism and centralism. Local authorities cannot decide whether to enforce standards of conduct; they must do so. But, apart from certain minimum standards, local authorities can decide what standards to set. Enforcement will be polarised: central state intervention will be through the criminal law. Enforcement will otherwise be by local authorities themselves. There will be no other civil enforcement machinery, except for the possibility of judicial review.”

Full story (PDF)

11 KBW, 16th February 2012

Source: www.11kbw.com

Localism Act 2011: referendum – 11 KBW

Posted February 20th, 2012 in local government, news, referendums by sally

“Local referendums were one of the flag ship provisions within the Localism Bill, and provided a unique example of the localism proposed in the legislation. But they were also a controversial provision, whether because they raised the possibility of a whole new series of local crank’s charters, or simply because they were an expensive luxury beyond the reach of local government in austere times. And now they are gone. Withdrawn from the Bill, following an amendment proposed by two Liberal Democrat peers.”

Full story (PDF)

11 KBW, 16th February 2012

Source: www.11kbw.com

The General Power of Competence, Charging and Commercial Purposes – 11 KBW

Posted February 20th, 2012 in local government, news by sally

“This paper is about the general power of competence (‘the new power’). The new power is conferred by section 1 of the Localism Act 2011 (‘the Act’).”

Full story (PDF)

11 KBW, 16th February 2012

Source: www.11kbw.com