Category: local government

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

Family win school catchment spying case – The Guardian

Posted August 2nd, 2010 in education, investigatory powers, local government, news, tribunals by sally

“A family won a landmark ruling today when a council was found to have acted illegally in spying on them for nearly three weeks to discover whether they had lied about living in the catchment area of a top primary school.”

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 909; [2010] WLR (D) 208

The Guardian, 2nd August 2010

Source: www.guardian.co.uk

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted July 30th, 2010 in appeals, children, homelessness, housing, immigration, law reports, local government by sally

“An applicant for accommodation could establish a priority need under the Housing Act 1996 because a dependent child was residing with her, where the dependent child was an European Economic Area national from abroad, even though the child did not have a permanent right to reside but was subject to immigration control, but the housing authority’s duty was then the restricted duty provided for under s 193(7AA) of the 1996 Act as amended. Under either the amended or unamended provisions the duty would have been the full duty had the dependent child had a right of permanent residence in the United Kingdom. Moreover, a failure by the host member state to enforce the removal of the dependent child after three months did not graduate by waiver to her acquiring a permanent right to residence.”

WLR Daily, 28th July 2010

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWCA Civ 887; [2010] WLR (D) 200

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

Hertfordshire County Council v Veolia Water Central Ltd – WLR Daily

Posted July 29th, 2010 in appeals, law reports, local government, regulations, statutory interpretation, water companies by sally

“In order to avoid absurdity, s 81 of the New Roads and Street Works Act 1991 and regs 3 and 4 of the Street Works (Maintenance) Regulations 1992 had to be given a purposive interpretation, meaning that the power of a street authority to undertake emergency works under reg 4 was conditional upon an inspection having been undertaken under reg 3 only where appropriate.”

WLR Daily, 28th July 2010

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

Emails and phones snooped on by authorities every minute – Daily Telegraph

Posted July 28th, 2010 in interception, investigatory powers, local government, news, police, telecommunications by sally

“Public authorities asked for confidential communications data on more than 525,000 occasions last year including a 13 per cent increase in requests by town halls.”

Daily Telegraph, 28th July 2010

Iraqi pupil to be thrown out of Britain over age dispute – The Independent

Posted July 23rd, 2010 in asylum, children, deportation, local government, news, refugees by sally

“An Iraqi refugee who is studying for his GCSEs has been told he will be made homeless and deported because social workers have decided that he is 20 years old.”

The Independent, 23rd July 2010

Source: www.independent.co.uk

Compensation for girls abused by children in care – The Independent

Posted July 21st, 2010 in care homes, child abuse, compensation, local government, news by sally

“A council apologised today and admitted paying £12,000 in compensation to two girls who were sexually abused by two children in care.”

The Independent, 21st July 2010

Source: www.independent.co.uk

Government begins RIPA review – OUT-LAW.com

Posted July 15th, 2010 in human rights, interception, investigatory powers, local government, news, telecommunications by sally

“The Government will review the use of the Regulation of Investigatory Powers Act 2000 (RIPA), the law that governs state tapping of phone, email and internet use. The law will be looked at as part of a wider review of counter-terrorism laws.”

A v East Sussex County Council and another [2010] EWCA Civ 743; [2010] WLR (D) 171

OUT-LAW.com, 14th July 2010

Source: www.out-law.com

A v East Sussex County Council and another – WLR Daily

Posted July 8th, 2010 in appeals, children, compensation, law reports, local government by sally

“Even where emergency powers were obtained under s 44 of the Children Act 1989 or exercised under s 46 of the 1989 Act to remove a child from the risk of harm, least interventions were best.”

WLR Daily, 7th July 2010

Ravichandran and another v Lewisham London Borough Council [2010] EWCA Civ 755; [2010] WLR (D) 170

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

Ravichandran and another v Lewisham London Borough Council – WLR Daily

Posted July 6th, 2010 in appeals, housing, judicial review, law reports, local government by sally

“An offer of accommodation made by a local authority in discharge of its housing duty under s 193(7) of the Housing Act 1996 had two requirements: the accommodation had to be suitable and the offer reasonable for the applicant to accept. It was desirable that a review of the suitability requirement and of the reasonableness requirement took place at the same time as any review of the decision of the authority as to the discharge of its duty. In that case there would be no right of further review. If reviews occurred at different times any relevant matters which existed before an offer of accommodation had been refused but which had not been taken into account then had to be taken into account when the local authority came to review its decision that it no longer owed a duty.”

WLR Daily, 5th July 2010

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

Was it necessary to turn an insult involving coconuts into a criminal prosecution? – Daily Telegraph

Posted July 1st, 2010 in local government, news, public order, racism by sally

“In a heated council debate, Shirley Brown called her colleague a ‘coconut’ and has since been convicted under the Public Order Act. Elizabeth Grice reports.”

Daily Telegraph, 30th June 2010

‘Coconut’ row councillor in race conviction appeal – BBC News

Posted June 30th, 2010 in appeals, local government, news, racism by sally

“A black councillor who called an Asian colleague a ‘coconut’ will appeal against her conviction for racial harassment, her solicitor has said.”

Austin v Southwark London Borough Council [2010] UKSC 28; [2010] WLR (D) 156

BBC News, 29th June 2010

Source: www.bbc.co.uk

Austin v Southwark London Borough Council – WLR Daily

Posted June 25th, 2010 in housing, landlord & tenant, law reports, local government, repossession, Supreme Court by sally

“The right of a ‘tolerated trespasser’, a person continuing to occupy his rented home following a breach of the terms of a conditional suspended possession order, to apply to the court for postponement of the date for possession to enable him to remedy the default and revive the secure tenancy, under s 85(2) of the Housing Act 1985, survived his death and could, consequently, be exercised by his personal representative.”

WLR Daily, 24th June 2010

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

High Court blocks Exeter and Norwich super-council move – BBC News

Posted June 21st, 2010 in judicial review, local government, news by sally

“A Labour government decision to give Exeter and Norwich wider powers has been blocked by the High Court.”

Regina (Morge) v Hampshire County Council [2010] EWCA Civ 608; [2010] WLR (D) 145

BBC News, 21st June 2010

Source: www.bbc.co.uk

Regina (Morge) v Hampshire County Council – WLR Daily

Posted June 15th, 2010 in appeals, EC law, environmental protection, law reports, local government, planning by sally

“A planning authority considering a development ostensibly affecting the species or habitat of a European Protected Species covered by the Habitats Directive was to have due regard to the requirements of the Directive, which could involve questions as to indirect, as well as direct, impact upon the species, and also deterioration or destruction of their breeding or resting place.”

WLR Daily, 11th June 2010

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

‘Healthy’ school wins battle against local takeaway – Daily Telegraph

Posted June 14th, 2010 in food, health, local government, news, planning, school children by sally

“A school with a ‘healthy eating’ policy has won its High Court battle to prevent a fast food takeaway being set up nearby.”

Daily Telegraph, 11th June 2010

Village row at High Court costs millions in legal fees – Daily Telegraph

Posted June 14th, 2010 in costs, local government, news, voluntary organisations by sally

“A trivial row over access to a school hall has finally been resolved after a long running High Court case costing millions of pounds and worthy of Charles Dickens’ Bleak House.”

Daily Telegraph, 11th June 2010

In re A (Children) (Abduction: Interim Powers) [2010] EWCA Civ 586; [2010] WLR (D) 139

In re A (Children) (Abduction: Interim Powers) – WLR Daily

Posted June 3rd, 2010 in child abduction, housing, law reports, local government by sally

“S 5 of the Child Abduction and Custody Act 1985 permitted a court to give directions to a local authority to provide accommodation for the abductor and abducted children.”

WLR Daily, 28th May 2010

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

Legal bid to stop council prayers – The Independent

Posted May 28th, 2010 in belief discrimination, judicial review, local government, news by sally

“A campaign group is going to court to try to stop a council’s ‘archaic practice’ of holding prayers before meetings. The National Secular Society (NSS) has instructed a solicitor to take its battle with Bideford Town Council, in Devon, to the High Court, claiming the policy breaches human rights.”