Two Articles on Local Government Law – 11 KBW

Local Government Law Update: 21 May (PDF)
Local Government Law Update: 22 May (PDF)

11 KBW, May 2012

Source: www.11kbw.com

London council fined £70k following child sex abuse data breach – OUT-LAW.com

Posted May 22nd, 2012 in burglary, data protection, fines, local government, news by sally

“A local authority in London has been fined £70,000 after papers containing identifying details about child sex abuse cases were stolen from a social worker it employed.”

Full story

OUT-LAW.com, 22nd May 2012

Source: www.out-law.com

El Goure v Kensington and Chelsea Royal London Borough Council – WLR Daily

Posted May 22nd, 2012 in appeals, homelessness, housing, law reports, local government by sally

El Goure v Kensington and Chelsea Royal London Borough Council [2012] EWCA Civ 670; [2012] WLR (D) 155

“Although the legislation did not lay down the criteria of special circumstances in relation to priority need for housing homeless persons, a separated parent’s reasonable expectation that his children, who were living with their other parent, would move to live with him did not impose an obligation on the local housing authority to consider the parent’s case as special circumstances case for priority needs. Where an applicant for housing was represented by solicitors the failure of the authority expressly to notify the solicitor so that they could make representations in connection with the review did not invalidate the decision of the review officer to uphold the authority’s decision rejecting an application for priority need housing.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Maswaku v Westminster City Council – WLR Daily

Posted May 22nd, 2012 in appeals, homelessness, housing, law reports, local government by sally

Maswaku v Westminster City Council [2012] EWCA Civ 669; [2012] WLR (D) 153

“Section 193(5) of the Housing Act 1996 did not impose any statutory obligation on the local housing authority to spell out each and every possible consequence if an eligible homeless applicant refused temporary alternative accommodation offered which the authority considered to be suitable for him.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) – WLR Daily

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) [2012] EWCA Civ 629; [2012] WLR (D) 150

“The statutory criteria for calculating housing benefit for tenants in the private rented sector based on an entitlement to a one bedroom rate discriminated against the severely disabled and there was no justification in their case for continuation of the single bedroom rules.”

WLR Daily, 15th May 2012

Source: www.iclr.co.uk

The Duty to House and Support the Vulnerable – Garden Court Chambers Blog

Posted May 21st, 2012 in health, housing, human rights, judicial review, local government, news by sally

“Tim Baldwin summarises a recent noteworthy High Court decision on housing and support for a terminally ill individual.”

Full story

Garden Court Chambers Blog, 21st May 2012

Source www.gclaw.wordpress.com

Court of Protection Update – Thirty Nine Essex Street

Court of Protection Update (PDF)

Thirty Nine Essex Street, May 2012

Source: www.39essex.com

Two Articles on Local Government Law – 11 KBW

Local Government Law Update: 14 May (PDF)
Local Government Law Update: 15 May (PDF)

11 KBW, May 2012

Source: www.11kbw.com

Dale Farm council urged to drop private prosecution of protesters – The Guardian

“A council is seeking to privately prosecute two dozen protesters for obstructing bailiffs during the eviction of Dale Farm, after police and the Crown Prosecution Service decided not to charge them.”

Full story

The Guardian, 18th May 2012

Source: www.guardian.co.uk

Torbay Council agrees to pay £25,000 to ‘suicidal’ man – BBC News

Posted May 17th, 2012 in bankruptcy, compensation, local government, mental health, news by sally

“A council in Devon has agreed to compensate a ‘suicidal’ man after its actions resulted in him going bankrupt.”

Full story

BBC News, 17th May 2012

Source: www.bbc.co.uk

In re D (A Child) (Care Proceedings: Designated Local Authority) – WLR Daily

In re D (A Child) (Care Proceedings: Designated Local Authority): [2012] EWCA Civ 627;  [2012] WLR (D)  146

“In determining which local authority was to be the designated authority in care order proceedings governing a child, where the mother was herself a child in care, the ‘disregard provision’ contained within section 105(6) of the Children Act 1989 did not apply to the mother. It applied only to the child who was the subject of the care order proceedings.”

WLR Daily, 14th May 2012

Source: www.iclr.co.uk

Local Government Law Update – 11 KBW

Posted May 14th, 2012 in bills, budgets, electoral register, local government, news, rates by sally

Local Government Law Update (PDF)

11 KBW, 11th May 2012

Source: www.11kbw.com

Court of Appeal allows demolition of “derelict” building – OUT-LAW.com

Posted May 14th, 2012 in appeals, local government, news, planning, public interest by sally

“The Court of Appeal has ruled in favour of Stockton Council to allow it to proceed with the demolition of Billington House, the former headquarters of chemical company ICI, and now a derelict office block.”

Full story

OUT-LAW.com, 11th May 2012

Source: www.out-law.com

Site allocation challenge failed – OUT-LAW.com

Posted May 11th, 2012 in local government, news, planning, time limits by sally

“A Yorkshire landowner Edward Barker has lost his challenge against Hambleton District Council’s decision not to allocate his land for housing development, because his claim was too late.”

Full story

OUT-LAW.com, 10th May 2012

Source: www.out-law.com

Regina (M) v Croydon London Borough Council – WLR Daily

Posted May 10th, 2012 in appeals, costs, law reports, local government, news by sally

Regina (M) v Croydon London Borough Council [2012] EWCA Civ 595; [2012] WLR (D) 141

“A claimant in the Administrative Court whose public law claim resulted in a settlement of the claim, whether before a hearing of the case or after a full hearing so that the claimant obtained all the relief sought, was entitled, just as a claimant in general civil litigation, to all of his costs unless there was good reason to the contrary.”

WLR Daily, 8th May 2012

Source: www.iclr.co.uk

Local Government Law Update – 11 KBW

Posted May 8th, 2012 in local government, news, professional conduct by sally

Local Government Law Update (PDF)

11 KBW, 4th May 2012

Source: www.11kbw.com

Censure of councillor for “sarcastic, lampooning and disrespectful” blog breached his free speech rights – UK Human Rights Blog

“The decision to censure a Welsh councillor for comments on his blog was a disproportionate interference with his right to freedom of expression, the High Court has ruled. This right requires a broad interpretation of what counts as ‘political speech’ – even when the speech is sarcastic and mocking.”

Full story

UK Human Rights Blog, 7th May 2012

Source: www.ukhumanrightsblog.com

Politicians should have thick skins, judge rules in ‘bitchy’ councillor case – Daily Telegraph

Posted May 4th, 2012 in freedom of expression, internet, local government, news by sally

“People have a right to lampoon and criticise politicians and public officials under the Human Rights Act, the High Court has ruled.”

Full story

Daily Telegraph, 4th May 2012

Source: www.telegraph.co.uk

Judges allow Parliament Square tent removal – The Independent

Posted May 3rd, 2012 in demonstrations, injunctions, local government, London, news by sally

“The High Court has lifted an injunction preventing the removal of the last anti-war protest tent near the Houses of Parliament.”

Full story

The Independent, 3rd May 2012

Source: www.independent.co.uk

Regina (Berky) v Newport City Council – WLR Daily

Posted May 3rd, 2012 in appeals, delay, judicial review, law reports, local government by sally

Regina (Berky) v Newport City Council [2012] EWCA Civ 378; [2012] WLR (D) 128

“Section 31(6) of the Senior Courts Act 1981 did not give the High Court power to prevent a valid claim for judicial review based on European Union law and brought within the three-month time limit provided by CPR r 54.5(1).”

WLR Daily, 29th April 2012

Source: www.iclr.co.uk