Council wrongly classed asylum seeker children as adults – The Guardian

Posted May 17th, 2013 in asylum, children, costs, immigration, local government, London, news by sally

“A London council has had to pay out more than £1m in costs for wrongly assessing asylum seeker children as adults. These wrong decisions have condemned some children to homelessness, prevented them from going to school and led to some being unlawfully held in adult detention centres.”

Full story

The Guardian, 17th May 2013

Source: www.guardian.co.uk

Regina (A) v Lowestoft Magistrates’ Court – WLR Daily

Posted May 16th, 2013 in children, law reports, local government, reporting restrictions by sally

Regina (A) v Lowestoft Magistrates’ Court [2013] EWHC 659 (Admin); [2013] WLR (D) 177

“The child specifically referred to in any charge under section 2(1) of the Licensing Act 1902 was a subject of criminal proceedings which were taken ‘in respect of’, and thus “concerned”, that child for the purposes of the court’s power to impose reporting restrictions under section 39 of the Children and Young Persons Act 1933.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

PC ( by her litigation friend the Official Solicitor) and another v City of York Council – WLR Daily

PC (by her litigation friend the Official Solicitor) and another v City of York Council [2013] EWCA Civ 478; [2013] WLR (D) 176

“The test for whether a person had capacity under the Mental Capacity Act 2005 to decide was specific to the decision in question in its particular factual matrix and context.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Loveridge v Lambeth London Borough Council – WLR Daily

Loveridge v Lambeth London Borough Council [2013] EWCA Civ 494; [2013] WLR (D) 173

“The valuation required by section 28(1) of the Housing Act 1988, in respect of damages for unlawful eviction under section 27, required that the propensity for the rights of a tenant of a local authority to change from those of a secure tenant to those of an assured tenant on a sale of the reversion to a private landlord was to be factored into the hypothetical valuation of the landlord’s interest subject to the tenant’s rights.”

WLR Daily, 10th May 2013

Source: www.iclr.co.uk

Priority need – NearlyLegal

“Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not.”

Full story

NearlyLegal, 15th May 2013

Source: www.nearlylegal.co.uk

Taking responsibility – New Law Journal

Posted May 14th, 2013 in families, guardianship, local government, news, supervision orders by sally

“Special guardianship orders have become an increasingly popular means of resolving family proceedings. They have found favour with local authorities as a means of securing kinship care placements and have been described as a half-way house between a residence order and an adoption order.”

Full story

New Law Journal, 10th May 2013

Source: www.newlawjournal.co.uk

NHS ‘cover-up culture’ to be tackled with fines – The Guardian

“Hospitals that give false information about death rates will face unlimited fines under new powers aimed at preventing another Mid-Staffordshire-style health scandal.”

Full story

The Guardian, 10th May 2013

Source: www.guardian.co.uk

SL (FC) (Respondent) v Westminster City Council (Appellant) – Supreme Court

Posted May 10th, 2013 in housing, immigration, local government, mental health, news, Supreme Court by sally

SL (FC) (Respondent) v Westminster City Council (Appellant) [2013] UKSC 27 | UKSC 2011/0229 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Taking responsibility – New Law Journal

Posted May 10th, 2013 in families, guardianship, local government, news, supervision orders by sally

“Special guardianship orders have become an increasingly popular means of resolving family proceedings. They have found favour with local authorities as a means of securing kinship care placements and have been described as a half-way house between a residence order and an adoption order.”

Full story

New Law Journal, 10th May 2013

Source: www.newlawjournal.co.uk

“To Decide or not to Decide, that is the Question…” – the impact of R (H) v Kingston upon Hull City Council – Family Law Week

“Dave Phillips and Naomi Madderson, members of the child care team at 37 Park Square Chambers, consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed and in which the authors acted.”

Full story

Family Law Week, 6th May 2013

Source: www.familylawweek.co.uk

Eoin Carolan: An oligarchy of the self-interest or enthusiastic?: Open Public Services in the Big Society – UK Constitutional Law Group

“The coalition government’s programme of public service reform continues apace. The coming into effect of parts of the Health and Social Care Act 2012 on April 1st was the latest in a series of changes to the structure and delivery of public services through measures like the Localism Act 2011 or the Free Schools programme. As the White Paper on Open Public Services indicates, these individual changes form part of a broader plan to fundamental re-model how Britain’s government operates. The White Paper is clear that this reform programme is wide-ranging and ambitious. What is less clear from government pronouncements, however, is whether or how it is intended to ensure the democratic legitimacy and character of the proposed reforms.”

Full story

UK Constitutional Law Group, 29th April 2013

Source: www.ukconstitutionallaw.org

Tenants! Be the best that you can be! – NearlyLegal

Posted April 30th, 2013 in agreements, housing, landlord & tenant, local government, news by sally

“At the very beginning of social housing, with the Peabody Estates in the 1860s, prospective tenants faced imposed requirements that we would now consider to be extraneous to the tenancy: Mandatory smallpox vaccinations; curfews; and cleaning rotas before 10 am for communal areas, sinks and WCs. But even the Victorian paternalists didn’t lower themselves to the patronising, small minded and teeth-grindingly passive-aggressive approach apparently in vogue for 21st century social landlords.”

Full story

NearlyLegal, 29th April 2013

Source: www.nearlylegal.co.uk

High court rejects legal challenge to Barnet’s ‘easyCouncil’ plans – The Guardian

“Campaigners against Barnet council’s radical plan to outsource hundreds of millions of pounds worth of services, dubbed easyCouncil, are to take their case to the appeal court after a judge ruled their objection to a £320m contract had come too late.”

Full story

The Guardian, 29th April 2013

Source: www.guardian.co.uk

Collette Elliot wins pay-out from Birmingham council – BBC News

Posted April 29th, 2013 in child abuse, compensation, local government, news, social services by sally

“A woman is to receive compensation from a council after social services failed
to take her into care while she was being abused as a child.”

Full story

BBC News, 28th April 2013

Source: www.bbc.co.uk

The felling of a tree might breach occupier’s right to respect for a home – UK Human Rights Blog

Posted April 26th, 2013 in appeals, housing, landlord & tenant, local government, mental health, news, trees by sally

“Lane v Kensington & Chelsea Royal London Borough Council (19 April 2013) – extempore judgement by Sir Raymond Jack QBD.”

Full story

UK Human Rights Blog, 25th April 2013

Source: www.ukhumanrightsblog.com

‘In the sure and certain hope of the resurrection’ – Zenith Chambers

Posted April 23rd, 2013 in appeals, housing, landlord & tenant, local government, news, notification, trespass by sally

“The concept of the tolerated trespasser came about as a result of London Borough of Brent v Burrows [1996] 1 WLR 1448. It is a concept familiar to housing lawyers, and one whose demise was little mourned. It caused much argument, litigation and confusion in housing law. The amendments introduced by the Housing and Regeneration Act 2008 were intended (by ensuring that a secure tenancy did not come to an end before execution of any possession order) to be the final nail on the coffin of the tolerated trespasser. As a concept, they would no longer exist.”

Full story (PDF)

Zenith Chambers, 23rd April 2013

Source: www.zenithchambers.co.uk

Rochdale care homes to sue council leader for suggesting children not safe after grooming scandal – Daily Telegraph

Posted April 23rd, 2013 in care homes, children, defamation, local government, news by sally

“Two private care home operators are attempting to sue the leader of the council at the centre of the Rochdale child grooming scandal for libel after he suggested vulnerable children would not be safe in the area.”

Full story

Daily Telegraph, 22nd April 2013

Source: www.telegraph.co.uk

Local authority ordered to pay substantial costs in family human rights case – UK Human Rights Blog

“This was a costs application arising from an extremely important decision by Peter Jackson J in June 2012 (see Alasdair Henderson’s post here and read judgment).”

Full story

UK Human Rights Blog, 19th April 2013

Source: www.ukhumanrightsblog.com

Reeves (Listing Officer) v Northrop – WLR Daily

Posted April 19th, 2013 in appeals, council tax, housing, law reports, local government, ships, valuation by sally

Reeves (Listing Officer) v Northrop: [2013] EWCA Civ 362;   [2013] WLR (D)  141

“In determining whether occupation of a houseboat was rateable the Valuation Tribunal had fallen into error by failing to treat duration of occupation as an important factor in its assessment.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Council to review wind turbine policy after High Court rejects residential “buffer zone” – OUT-LAW.com

Posted April 19th, 2013 in energy, judicial review, local government, news, planning by sally

“A council could not amend its wind turbine planning policy to ensure a larger ‘buffer zone’ between turbines and residential properties than that already set out in its local plan, the High Court has ruled.17 Apr 2013.”

Full story

OUT-LAW.com, 17th April 2013

Source: www.out-law.com