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

“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

“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

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.

Owens v Dudley Metropolitan Borough Council – WLR Daily

Posted April 4th, 2011 in appeals, law reports, local government, pensions, teachers by sally

Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359; [2011] WLR (D) 120

“Where the pension entitlement of an employee seeking a teachers’ pension was being determined and the term ‘teacher’ had not been defined by the legislature the word was to be construed in accordance with its natural meaning.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

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

Ministers ignoring Child Poverty Act, warn family campaigners – The Guardian

Posted April 4th, 2011 in children, local government, news, poverty, social services by sally

“Child poverty campaigners have written to the government warning ministers that they have broken a legal commitment to implement the Child Poverty Act fully.”

Full story

The Guardian, 4th April 2011

Source: www.guardian.co.uk

‘Neighbourhood’ planning powers to be trialled – BBC News

Posted April 4th, 2011 in local government, news, planning by sally

“People living in parts of England will be able to decide where new houses, shops and businesses should go in their neighbourhood, under a localism trial.”

Full story

BBC News, 2nd April 2011

Source: www.bbc.co.uk

Government puts legal protection for libraries up for review – The Guardian

Posted March 17th, 2011 in legislation, libraries, local government, news by sally

“Initiative to scrap ‘burdensome’ duties on local authorities will review requirement to provide ‘comprehensive and efficient’ library service”

Full story

The Guardian, 17th March 2011

Source: www.guardian.co.uk

Call to sue councils that are ‘failing the vulnerable’ – Law Society’s Gazette

“The case of a mentally ill man who attempted suicide after being discharged from hospital to a park bench has prompted mental health solicitors to call on lawyers to sue local authorities that fail to provide adequate healthcare for some of society’s most vulnerable members.”

Full story

Law Society’s Gazette, 17th March 2011

Source: www.lawgazette.co.uk

School asbestos compensation puts councils under pressure – The Guardian

Posted March 10th, 2011 in asbestos, compensation, local government, news, school children by sally

“The government faces pressure to assess the risk of asbestos in schools following a landmark legal victory for the family of a woman who died after ‘low-level’ exposure as a secondary school pupil.”

Full story

The Guardian, 9th March 2011

Source: www.guardian.co.uk

Khyra Ishaq’s father sues council over starvation death – BBC News

Posted March 7th, 2011 in child neglect, local government, negligence, news, social services by sally

“The father of a girl who was starved to death after ‘missed opportunities’ by children’s services to save her is suing Birmingham City Council.”

Full story

BBC News, 4th March 2011

Source: www.bbc.co.uk

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) – WLR Daily

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) [2011] EWCA Civ 196; [2011] WLR (D) 69

“A child’s status as a ‘looked after child’ for the purposes of the Children Act 1989 did not come to an end when the local authority, by virtue of a statement of special educational needs under the Education Act 1996, arranged for him to be accommodated at a residential school.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

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

New code to govern CCTV cameras – The Independent

“Police forces and councils who want to set up CCTV systems will have to be open and clear about what they will be used for and why under Home Office plans.”

Full story

The Independent, 1st March 2011

Source: www.independent.co.uk

How a secret court was made to open up – The Independent

“The Act of Parliament that created the Court of Protection was pushed through in a hurry, amid an outcry from dozens of MPs, as the government tried to get its outstanding business completed in time for the 2005 general election.”

Full story

The Independent, 1st March 2011

Source: www.independent.co.uk

How Protection of Freedoms Bill will work – BBC News

“MPs are to debate the government’s Protection of Freedoms bill later, which ministers claim will protect millions of people in England and Wales ‘from unwarranted state intrusion in their private lives’.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby – WLR Daily

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8; [2011] WLR (D) 64

“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”

WLR Daily, 25th February 2011

Source: www.lawreports.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.

Campaigners launch legal challenge to library closures – The Guardian

Posted February 24th, 2011 in judicial review, libraries, local government, news by sally

“Libraries are set to be a legal testing-ground for David Cameron’s vision of the ‘big society’, with lawyers arguing that the prime minister’s ‘vague notions’ are not enough to fulfil councils’ legal obligations to their library services.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Library cuts in Somerset and Gloucestershire challenged – BBC News

Posted February 23rd, 2011 in budgets, judicial review, libraries, local government, news by sally

“A High Court challenge is being launched over public library closures.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

Shooting councillor Stephen Govier prompts law review – BBC News

Posted February 23rd, 2011 in criminal records, disqualification, firearms, local government, news by sally

“The government is considering a change in the law after the BBC revealed a south London councillor had a gun crime conviction but could not be sacked.”

Full story

BBC News, 22nd February 2011

Source: www.bbc.co.uk

Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted February 18th, 2011 in community care, detention, law reports, local government, mental health by sally
“A  mental patient who was compulsorily detained under the Mental Health Act 1983 was not thereby to be treated as ‘resident’ in the local authority within whose area he was detained. On a proper construction of section 117(3) of the 1983 Act the patient’s ‘residence’ was distinct from his place of detention. Section 117 of the 1983 Act was the appropriate section, rather than section 21 of the National Assistance Act 1948, to determine which authority should have the responsibility of paying for the patient’s after-care accommodation.”
WLR Daily, 16th February 2011

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