Council failed over duty to save care home – BBC News
‘A council should have done more to prevent the closure of a care home for people with learning disabilities, an investigation has found.’
BBC News, 8th July 2024
Source: www.bbc.co.uk
Category: local government
A delicate balance – Local Government Lawyer
‘When is it in the best interests of an adult without capacity to be separated from her mother and covertly administered medication? A recent decision at the Court of Protection provides some guidance.’
Legal Futures, 5th July 2024
Source: www.localgovernmentlawyer.co.uk
Appropriate actions – Local Government Lawyer
‘Annabel Graham Paul looks at a recent judgment that clarifies the approach to carrying out Appropriate Assessments under the Habitats Regulations when considering planning permission.’
Local Government Lawyer, 5th July 2024
Source: www.localgovernmentlawyer.co.uk
The new procurement regime approaches – Local Government Lawyer
‘With the introduction of the Procurement Act 2023 little more than four months away, Clare Hardy provides an overview of the key changes coming into force.’
Local Government Lawyer, 5th July 2024
Source: www.localgovernmentlawyer.co.uk
Schools were both entitled to full refund of ski trip deposits under Package Travel and Linked Travel Arrangements Regulations, judge rules – Local Government Lawyer
‘A Circuit Judge has ruled that an international school trip was covered by the Package Travel and Linked Travel Arrangements Regulations 2018, which entitled two schools to terminate their contracts with a travel provider during the Covid Pandemic.’
Local Government Lawyer, 4th July 2024
Source: www.localgovernmentlawyer.co.uk
Thousands of children “fallen victim” to record backlogs in family courts, Law Society President warns – Local Government Lawyer
‘The Law Society President, Nick Emmerson, has called on the next government to protect children “trapped” in a family court crisis due to record backlogs.’
Local Government Lawyer, 2nd July 2024
Source: www.localgovernmentlawyer.co.uk
Judicial Review launched over Bristol SEND “safety valve” deal – Local Government Lawyer
‘A judicial review claim has been launched against Bristol City Council, challenging its decision to enter into a “safety valve agreement” with the Department for Education.’
Local Government Lawyer, 1st July 2024
Source: www.localgovernmentlawyer.co.uk
Naoise Coakley: “You could be waiting forever”: Managing Autism Assessment Waiting Lists – Essex CAJI
‘In 2023, the York Disability Rights Forum announced their intention to bring judicial review proceedings against the Humber and North Yorkshire Integrated Care Board on the basis that its adult autism and ADHD assessment pilot pathway was unlawful. The pilot had been introduced in March 2023 in response to increasing numbers of adults seeking an assessment, a growing waiting list, and an existing system which could not keep up. Effectively, the pilot introduced narrowed eligibility criteria so that only adults who were considered ‘at-risk’ were added to the waiting list for an assessment. All other adults could be placed on another waiting list with no end date, and no guarantee of an assessment. The York Disability Rights Forum says that this pilot restricts the rights of neurodivergent people from gaining diagnosis, and may violate the right to family and private life protected under Article 8 of the European Convention of Human Rights.’
Essex CAJI, 2nd July 2024
Source: essexcaji.org
Planning authorities must take account of global emissions in approvals for oil and gas fields – Supreme Court – UK Human Rights Blog
‘R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents). A detailed summary of the issues and the facts in this case can be found in the Supreme Court’s Press Release. The report below gives a very short account of these followed by a focus on the majority and dissenting judgments. I quote Lord Sales in some detail as the concerns expressed in his dissent will only prevail if Parliament were to legislate for them to do so.’
UK Human Rights Blog, 1st July 2024
Source: ukhumanrightsblog.com
Climate Change must be counted – 4-5 Gray’s Inn Square
‘Vivienne Sedgley and Simon Randle have put together a detailed analysis of a significant development from the Supreme Court in R (Finch) v Surrey County Council [2024] UKSC 20. This landmark decision mandates that Environmental Impact Assessments (EIAs) must consider not just emissions during oil extraction but also those from the eventual use of the oil as fuel.’
4-5 Gray’s Inn Square, 25th June 2024
Source: www.4-5.co.uk
Windrush pensioner facing homelessness at 89 as Home Office ‘unable to verify her identity’ – The Independent
‘An 89-year-old woman from the Windrush generation is facing homelessness because the Home Office says it cannot verify her identity.’
The Independent, 1st July 2024
Source: www.independent.co.uk
Council refunded £1.5m to ‘gagged’ leaseholders – BBC News
‘A London council has been forcing residents into silence as a condition of them receiving money owed to them for building work and services they had been overcharged for – in some cases by tens of thousands of pounds.’
BBC News, 30th June 2024
Source: www.bbc.co.uk
Robert Colvin and Elizabeth Forster: Rolling Judicial Reviews: A New Era of Court Monitoring in Complex Cases? – UK Constitutional Law Association
‘On 5 June 2024, the Administrative Court gave its final word on relief in the (relatively) long running ECPAT UK judicial review (see R (ECPAT UK) v Kent County Council [2024] EWHC 1353 (Admin)). The case centred on Kent County Council’s (“KCC”) failure to meet its statutory duty to look after unaccompanied asylum-seeking children (“UAS children”) arriving at its coast and the Home Secretary’s systematic, routine and (ultimately) unlawful use of hotels to accommodate them outside of the care system. While the Court’s findings of illegality on the part of both defendants were uncontroversial – indeed KCC conceded it was acting (owing to a purported lack of resource) illegally (see R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 1953 (Admin), para 161) – it was the Court’s willingness to extend its usual role and monitor the defendants’ compliance with its ruling which makes this case unique.’
UK Constitutional Law Association, 1st July 2024
Source: ukconstitutionallaw.org
New statutory guidance on the Best Value Duty – Local Government Lawyer
‘The Department for Levelling Up, Housing and Communities (DLUHC) has recently issued welcomed guidance on best value standards and interventions, following a consultation last summer, writes Olivia Carter.’
Local Government Lawyer, 26th June 2024
Source: www.localgovernmentlawyer.co.uk
Fitness for human habitation claims – what are they worth? – Local Government Lawyer
‘Rhiannon Moody examines a recent case where damages were awarded over a council property that was unfit for human habitation.’
Local Government Lawyer, 28th June 2024
Source: www.localgovernmentlawyer.co.uk
The test for ceasing to maintain an EHCP – Local Government Lawyer
‘Abby Buttle reports on a successful appeal to the Upper Tribunal on the test for ceasing to maintain an Education, Health and Care Plan (EHCP).’
Local Government Lawyer, 28th June 2024
Source: www.localgovernmentlawyer.co.uk
Tribunal “erred in law” by failing to recognise young person lacked capacity to litigate and failing to appoint his mother as alternative person – Local Government Lawyer
‘An Upper Tribunal judge has ruled that the First-tier Tribunal “erred in law” by failing to recognise that a young person lacked capacity to litigate and consequently his mother should have been appointed as his alternative person.’
Local Government Lawyer, 28th June 2024
Source: www.localgovernmentlawyer.co.uk
Judge rules council should receive “substantial” sum as waste management dispute rumbles on – Local Government Lawyer
‘The High Court has concluded that Buckinghamshire Council is entitled to a “substantial” sum in the latest ruling in a long-running dispute over a waste management project agreement, although the exact amount will need to be resolved.’
Local Government Lawyer, 28th June 2024
Source: www.localgovernmentlawyer.co.uk
High Court allows 15-year-old to change name despite opposition from local authority – Local Government Lawyer
‘A High Court judge has allowed an application made by a 15 year old girl to change her forename and surname, despite the application being opposed by the girl’s mother and the local authority.’
Local Government Lawyer, 27th June 2024
Source: www.localgovernmentlawyer.co.uk
