Councils defeat government over school buildings – BBC News

Posted February 11th, 2011 in education, judicial review, local government, news by sally

“The government has been defeated in the High Court over the way it scrapped part of England’s school building programme.”

Full story

BBC News, 11th February 2011

Source; www.bbc.co.uk

Court rejects fluoride challenge – The Independent

Posted February 11th, 2011 in health, judicial review, local government, news, water by sally

“A local health authority’s plans for the fluoridation of a city’s tap water was not unlawful, the High Court ruled today.”

Full story

The Independent, 11th February 2011

Source: www.independent.co.uk

Risk Management Partners Ltd v Brent London Borough Council and another – WLR Daily

Posted February 11th, 2011 in insurance, law reports, local government, tenders by sally

Risk Management Partners Ltd v Brent London Borough Council and another [2011] UKSC 7; [ 2011] WLR (D) 42

“A group of local authorities who awarded insurance contracts to a mutual insurance company they had set up for that purpose, without putting the contracts out to competitive tender, had not been acting contrary to the Public Contracts Regulations 2006.”

WLR Daily, 10th February 2011

Source: www.lawreports.co.uk

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

ICO issues third fine for loss of unencrypted laptops – OUT-LAW.com

Posted February 11th, 2011 in data protection, encryption, fines, local government, news by sally

“Two local authorities have been fined a total of £150,000 by data protection watchdog the Information Commissioner after the theft of two laptops which, contrary to the councils’ policies, were not encrypted.”

Full story

OUT-LAW.com, 10th February 2011

Source: www.out-law.com

People get power to take CCTV abusers to court – Daily Telegraph

“Any member of the public will be able to refer a local authority for judicial review if they can argue their cameras were set up or are being used inappropriately.”

Full story

Daily Telegraph, 10th February 2011

Source: www.telegraph.co.uk

Residents lose ‘fight the flights’ court battle – The Independent

Posted January 20th, 2011 in airports, environmental protection, judicial review, local government, news, noise by sally

“Local residents have lost their High Court battle to block an ‘extremely large’ increase in the number of flights proposed for London City Airport.”

Full story

The Independent, 20th January 2011

Source: www.independent.co.uk

Eric Pickles curbs councils’ empty home seizure powers – BBC News

Posted January 7th, 2011 in empty dwelling management orders, housing, local government, news by sally

“Councils will have to wait two years before seizing empty homes under plans by Communities Secretary Eric Pickles.”

Full story

BBC News, 7th January 2011

Source: www.bbc.co.uk

The Public Sector Equality Duty – Speech by Mr. Justice Sales

Posted December 15th, 2010 in employment, equality, local government, speeches by sally

“Mr. Justice Sales gave a lecture for ELBA and ALBA on 13th December 2010.”

Full speech

Judiciary of England and Wales, 13th December 2010

Source: www.judiciary.gov.uk

Pembrokeshire care homes fees row in judicial review – BBC News

Posted December 14th, 2010 in care homes, judicial review, local government, news by sally

“The money Pembrokeshire council pays care homes to look after residents will be challenged in the High Court later.”

Full story

BBC News, 14th December 2010

Source: www.bbc.co.uk

Localism Bill: people to get legal right to buy threatened local shops or post offices – Daily Telegraph

Posted December 13th, 2010 in assets of community value, bills, devolution, local government, news, right to buy by sally

“People will be given the legal right to buy threatened community assets like post offices or village shops, Communities secretary Eric Pickles will announce next week.”

Full story

Daily Telegraph, 11th December 2010

Source: www.telegraph.co.uk

Regina (Conservative and Unionist Party) v Election Commissioner – WLR Daily

Posted November 25th, 2010 in costs, elections, law reports, local government by sally

Regina (Conservative and Unionist Party) v Election Commissioner [2010] EWCA Civ 1332; [2010] WLR (D) 296

“It was not open to a petitioner to an election court to seek an order for costs under s 51 of the Senior Courts Act 1981 against the respondent’s political party and its local party association who had not been parties to the petition. Once the election commissioner had made a final order for costs and dealt with all aspects of the petiton under the Representation of the People Act 1983 he did not have the authority to re-open a decision as to costs and consider making an order against a third party.”

WLR Daily, 24th November 2010

Source: www.lawreports.co.uk

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

Council house tenants set for eviction rule change – The Guardian

Posted November 22nd, 2010 in housing, local government, news by sally

Councils are to be given powers to evict or transfer new tenants after as little as two years if their financial circumstances improve, under plans to be unveiled tomorrow.

Full story

The Guardian, 21st November 2010

Source: www.guardian.co.uk

High Court action over London City Airport expansion – BBC News

Posted November 18th, 2010 in airports, environmental protection, local government, news by sally

“A group of residents from east London are taking a council to court over a decision to allow 50% more flights a year from London City Airport.”

Full story

BBC News, 18th November 2010

Source: www.bbc.co.uk

Regina (Gallagher and another) v Basildon District Council – WLR Daily

Posted November 11th, 2010 in compensation, law reports, local government, maladministration by sally

Regina (Gallagher and another) v Basildon District Council [2010] EWHC 2824 (Admin); [2010] WLR (D) 28

“There was no obligation on a local authority to implement recommendations of a local commissioner, nor was it necessary for a local authority to have cogent reasons for refusing to follow such a recommendation; but if a local authority gave reasons for rejecting a recommendation, the court was entitled to examine whether it had taken into account irrelevant considerations or failed to take account of relevant considerations, or its decision was irrational.”

WLR Daily, 10th November 2010

Source: www.lawreports.co.uk

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

Appeal court ruling clears way for councils to cut social care services – The Guardian

Posted November 4th, 2010 in budgets, community care, disabled persons, local government, news by sally

“Local councils have been given the green light by the courts to cut social care services to elderly and disabled people previously assessed by law as needing them.”

Full story

The Guardian, 4th November 2010

Source: www.guardian.co.uk

Regina (Savva) v Kensington and Chelsea Royal London Borough Council – WLR Daily

Posted November 4th, 2010 in budgets, community care, disabled persons, law reports, local government by sally

Regina (Savva) v Kensington and Chelsea Royal London Borough Council [2010] EWCA Civ 1209; [2010] WLR (D) 275

“When exercising its duty under s 2 of the Chronically Sick and Disabled Persons Act 1970 to make arrangements to meet an individual’s needs, a local authority was entitled to consider what that individual’s needs were in relative terms as the starting point for calculating the personal budget allocated to meet them, and had to give reasons for its decision.”

WLR Daily, 3rd November 2010

Source: www.lawreports.co.uk

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

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) – WLR Daily

Posted November 3rd, 2010 in accounts, auditors, confidentiality, human rights, law reports, local government by sally

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) [2010] WLR (D) 273

“The right of ‘persons interested’ under section 15(1) of the Audit Commission Act 1998 to inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating to them did not stretch, on the facts, to examination of commercially sensitive material which was protected by art 1 of the First Protocol of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 2nd November 2010

Source: www.lawreports.co.uk

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

Higher court fees risk putting councils off care proceedings – The Guardian

Posted October 29th, 2010 in care orders, fees, local government, news by sally

“Cash-strapped councils could decide to give violent or neglectful parents one more chance rather than go to court.”

Full story

The Guardian, 28th October 2010

Source: www.guardian.co.uk

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) – WLR Daily

Posted October 22nd, 2010 in asylum, children, housing, law reports, local government by sally

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) [2010] EWCA Civ 634 1101; [2010] WLR (D) 257

“Local authorities enjoyed, by virtue of s 23C(4)(c) of the Children Act 1989, the power to accommodate a person who had formerly been a child in care and was therefore a former ‘relevant child’ within s 23A of the Act, and a local authority was not entitled, when considering whether the welfare of a former ‘relevant child’ who was also an asylum seeker required that he be accommodated by it, to take into account the possibility of support by the National Asylum Support Service.”

WLR Daily, 20th October 2010

Source: www.lawreports.co.uk

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

Public sector lawyers split on Government spending cuts – The Lawyer

Posted October 21st, 2010 in budgets, legal services, local government, news by sally

“The implications of the Government’s Comprehensive Spending Review (CSR) for local government legal services will be immense.”

Full story

The Lawyer, 20th October 2010

Source: www.thelawyer.com