A lack of candour over a lack of discretion – Nearly Legal

Posted February 12th, 2024 in homelessness, housing, judicial review, local government, news, pre-action conduct by tracey

‘Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin). A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the date of her homeless application. Lambeth denied that it had any discretion to do so under its allocation policy.’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

Redaction of names of junior civil servants in judicial review proceedings – Local Government Lawyer

‘In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. Christian Grierson and Jonathan Blunden analyse the judgment.’

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Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

Sufficiently serious breach? – Local Government Lawyer

Posted February 12th, 2024 in appeals, local government, news, public procurement by tracey

‘Sarah Whittle and Daniel Taylor analyse a landmark Court of Appeal decision regarding procurement challenges.’

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Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

Claimant wins appeal over lawfulness of housing needs assessment while care proceedings ongoing – Local Government Lawyer

Posted February 8th, 2024 in children, disabled persons, housing, judicial review, local government, news by sally

‘The Royal Borough of Windsor and Maidenhead has lost a High Court judicial review case over whether it correctly assessed the housing needs of a family with two children who have severe disabilities.’

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Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

Police and Crime Commissioner functions – Home Office

Posted February 8th, 2024 in crime, local government, news, police by tracey

‘The government has laid legislation in Parliament to transfer the Police and Crime Commissioner functions to the West Midlands and South Yorkshire mayors.’

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Home Office, 8th February 2024

Source: www.gov.uk

Comedy hypnotist overturns decades-old ban on mesmerism – The Guardian

Posted February 8th, 2024 in local government, news, statutory interpretation, theatre by sally

‘It was put in place more than 70 years ago to protect citizens from the “dark arts” but now an old-fashioned law banning hypnosis and mesmerism has been overturned by a comedy hypnotist – and he did it without putting anyone under.’

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The Guardian, 7th February 2024

Source: www.theguardian.com

Former Kent children’s home residents suing council over abuse claims – BBC News

Posted February 6th, 2024 in care orders, child abuse, local government, news by tracey

‘Former residents of a children’s home are suing Kent County Council over allegations they were abused in care.’

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BBC News, 5th February 2024

Source: www.bbc.co.uk

Outsourcing the problem: equal pay and local authority trading companies – Local Government Lawyer

Posted February 6th, 2024 in contract of employment, equal pay, equality, local government, news by tracey

‘Doug Mullen looks at the complex issues around equal pay that arise with local authority trading companies.’

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Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

Section 117 after-care statutory guidance – a missed opportunity? – Local Government Lawyer

Posted February 6th, 2024 in detention, local government, mental health, news, statutory duty by tracey

‘Lee Parkhill reviews new Government guidance on the joint duty under s.117 of the Mental Health Act 1983.’

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Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

Court discretion and dispute resolution clauses – Law Society’s Gazette

‘In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause (DR clause) which required the parties to engage with adjudication before proceeding to litigation, ousted the jurisdiction of the court.’

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Law Society's Gazette, 2nd February 2024

Source: www.lawgazette.co.uk

Supreme Court to hear appeal in challenge concerning standing orders and committee voting – Local Government Lawyer

Posted February 5th, 2024 in appeals, local government, news, Supreme Court by sally

‘The Supreme Court has granted permission for an appeal against the Court of Appeal’s dismissal of a challenge concerning the lawfulness of Tower Hamlets Council’s standing orders requiring councillors to be present for the whole of a committee’s consideration of an item to vote on it.’

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Local Government Lawyer, February 2024

Source: www.localgovernmentlawyer.co.uk

Lawyers raise alarm at struggle to tackle UK local government corruption – The Guardian

Posted February 2nd, 2024 in corruption, fraud, legal profession, local government, news, statistics by sally

‘Lawyers have raised alarm at the lack of oversight in local government, as a Guardian analysis found almost one in 10 councils in the UK have been subject to a corruption investigation in the past decade.’

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The Guardian, 2nd February 2024

Source: www.theguardian.com

Court of Appeal rejects appeal over finding that manifest error in procurement was not “sufficiently serious” for damages award – Local Government Lawyer

Posted January 31st, 2024 in appeals, damages, local government, news, public procurement by tracey

‘The Court of Appeal has upheld a High Court ruling that an error in the award of an NHS orthodontic contract was not sufficiently serious to entitle the claimant to Francovich damages.’

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Local Government Lawyer, 30th January 2024

Source: www.localgovernmentlawyer.co.uk

Time to address “silent crisis” of finding safe placements for children with profound needs long overdue, says judge – Local Government Lawyer

Posted January 31st, 2024 in children, hospitals, local government, mental health, news, placement orders by tracey

‘The High Court has ruled that a vulnerable teenage girl should be moved from hospital to her local authority’s proposed placement in an unregistered placement “as a matter of urgency”, under a high degree of restriction to keep her safe.’

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Local Government Lawyer, 30th January 2024

Source: www.localgovernmentlawyer.co.uk

Hillside in practice – Local Government Lawyer

Posted January 30th, 2024 in housing, local government, news, planning, Supreme Court, Wales by tracey

‘Megan Forbes analyses a recent High Court case that has provided guidance on the practical implications of the Supreme Court’s Hillside decision.’

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Local Government Lawyer, 26th January 2024

Source: www.localgovernmentlawyer.co.uk

Environmental watchdog criticises Government over lack of monitoring and transparency – Local Government Lawyer

‘The Office for Environmental Protection (OEP) has attacked the Government over a lack of transparency in measures to protect the environment.’

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Local Government Lawyer, 25th January 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge gives guidance on use of intermediaries in Family Court – Local Government Lawyer

‘The High Court has given guidance on the use of intermediaries in the Family Court, in a case concerning a 2-and-a-half year old girl, which was in week 127 at the hearing last month.’

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Local Government Lawyer, 25th January 2024

Source: www.localgovernmentlawyer.co.uk

Ombudsman finds “significant delays” in response of council to complaints from vulnerable man left in unsuitable accommodation – Local Government Lawyer

Posted January 25th, 2024 in complaints, delay, disabled persons, housing, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman (LGSCO) has recommended that Peterborough City Council pay more than £2,900 after its delay in revising the housing priority of a vulnerable man.’

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Local Government Lawyer, 24th January 2024

Source: www.localgovernmentlawyer.co.uk

A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon – Oxford Human Rights Hub

‘In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the Court arguably made the right to be provided with housing (in the form of suitable accommodation) a justiciable right for certain categories of homeless persons.’

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Oxford Human Rights Hub, 23rd January 2024

Source: ohrh.law.ox.ac.uk

Law reform charity brings tribunal challenge over police forces withholding Prevent data – Local Government Lawyer

‘The First Tier Tribunal has heard a Freedom of Information (FOI) appeal over the refusal from police forces to release anonymised data relating to the controversial anti-terrorism programme Prevent.’

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Local Government Lawyer, 23rd January 2024

Source: www.localgovernmentlawyer.co.uk