Applying to end the automatic suspension – Local Government Lawyer

Posted March 22nd, 2023 in contracts, damages, local government, news, public procurement, trials by tracey

‘A recent High Court ruling has provided useful insights into ending the Regulation 95 Contract Making Suspension, writes Colin Ricciardiello.’

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Local Government Lawyer, 21st March 2023

Source: www.localgovernmentlawyer.co.uk

Councils “all too often” failing in duties to prevent homelessness, says Ombudsman – Local Government Lawyer

Posted March 21st, 2023 in homelessness, local government, news, ombudsmen, reports by tracey

‘The Local Government and Social Care Ombudsman (LGSCO) has said that vulnerable people are facing homelessness because some councils are “still not getting it right”, in a report marking five years since the introduction of the Homelessness Reduction Act.’

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Local Government Lawyer, 21st March 2023

Source: www.localgovernmentlawyer.co.uk

Highways: only a touch of frost – Local Government Lawyer

‘In his fourth and final article in a short series which focuses on case law which may assist in the defence of claims against Highways Authorities under s.41 of the Highways Act 1980, and inspired at least in part by the wintery weather sweeping across the country, Jack Harding focuses on snow and ice on the highway.’

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Local Government Lawyer, 17th March 2023

Source: www.localgovernmentlawyer.co.uk

Social workers should not assess asylum seeker ages for Home Office, professional body says – The Guardian

‘The professional body for social workers has urged its members not to work with the Home Office to assess the ages of asylum seekers, saying that political pressures could undermine their professional judgment.
The Home Office is recruiting social workers to join the National Age Assessment Board (NAAB), which was set up under the Nationality and Borders Act to take responsibility for determining the age of asylum seekers away from local authorities.’

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The Guardian, 15th March 2023

Source: www.theguardian.com

Plymouth trees: Call for independent inquiry into felling – BBC News

‘Plymouth City Council is facing calls for an independent inquiry into the decisions behind the night-time felling of 110 trees in the city centre.’

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BBC News, 16th March 2023

Source: www.bbc.co.uk

Council told to pay nearly £10k after woman forced to live in unsuitable accommodation for three years – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has found that Croydon Council placed a woman fleeing domestic violence in “unsuitable accommodation” for three years, as well as finding poor complaint handling.’

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Local Government Lawyer, 13th March 2023

Source: www.localgovernmentlawyer.co.uk

London councils urge Home Office to rethink hotels policy for asylum seekers – The Guardian

‘Two-thirds of London’s councils have signed a letter to the home secretary calling for a major shake-up of the government’s hotels policy for asylum seekers.’

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The Guardian, 12th March 2023

Source: www.theguardian.com

Council told to apologise after care home errors – BBC News

Posted March 13th, 2023 in care homes, elderly, local government, news, powers of attorney by tracey

‘Shropshire Council has been ordered to apologise by the ombudsman, after an elderly man with dementia was placed in an unsuitable care home.’

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BBC News, 11th March 2023

Source: www.bbc.co.uk

Council judicial review application over asylum seeker hotels refused – Local Government Lawyer

‘The High Court has refused a judicial review application from Torbay Council that argued the placement of asylum seekers in local hotels would have a significant impact on Children’s Services.’

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Local Government Lawyer, 9th March 2023

Source: www.localgovernmentlawyer.co.uk

Ex-council tenant given suspended sentence, ordered to pay £10k after failing to inform London borough she had vacated property – Local Government Lawyer

‘A former council tenant who vacated the home to live at a property she had purchased elsewhere but failed to inform the local authority has received a £10,000 fine and suspended prison sentence.’

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Local Government Lawyer, 9th March 2023

Source: www.localgovernmentlawyer.co.uk

Mother wins appeal over sending of domestic abuse findings made against social worker father to regulator – Local Government Lawyer

‘A High Court judge has allowed an appeal brought by a mother over whether a judgment in long-running private law proceedings that made findings of domestic abuse against the father, who works as a social worker, should be sent to his regulator, Social Work England (SWE).’

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Local Government Lawyer, 10th March 2023

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal issues ruling on acquisition of land subject to compulsory purchase where ownership unknown – Local Government Lawyer

‘Stockport Metropolitan Borough Council has secured an order from the Upper Tribunal (Lands Chamber) that it need not serve a notice to treat when engaged in the compulsory purchase of land from an unknown person, despite the Court Funds Office maintaining that it was.’

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Local Government Lawyer, 8th March 2023

Source: www.localgovernmentlawyer.co.uk

New judgment: Rakusen v Jepsen and others [2023] UKSC 9 – UKSC Blog

‘This appeal is about Rent Repayment Orders. These are orders that can be made against landlords that have committed certain housing-related offences. They require a landlord to repay an amount of rent paid by a tenant (or pay to a local housing authority an amount of universal credit paid in respect of rent). The question which arises is whether they can only be made against a tenant’s immediate landlord, or whether they can be made against a landlord higher up in a chain of tenancies (e.g. the landlord of the tenant’s immediate landlord) – referred to as a “superior landlord”.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Rent Repayment Orders – just the immediate landlord – Nearly Legal

‘The issue for the Supreme Court was whether the wording of section 40 and 41 Housing and Planning Act 2016 meant that a rent repayment order could be made against only a tenant’s immediate landlord, or also against a superior landlord (where the occupying tenant’s landlord themselves had a tenancy of the property) where that landlord had also committed a relevant offence.’

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Nearly Legal, 5th March 2023

Source: nearlylegal.co.uk

New Judgment: R (On the application of Day) v Shropshire Council [2023] UKSC 8 – UKSC Blog

‘Land which is subject to a statutory trust in favour of the public is held by a local authority for the purpose of the public’s enjoyment. In order for local authorities to dispose of this type of land they must comply with statutory consultation requirements. The issue raised by this appeal is what happens to the public’s rights to use this type of land when the local authority disposes of the land but fails to comply with the statutory requirements.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Equalities watchdog criticises councils for leaving adults receiving social care “in the dark” about how to challenge decisions – Local Government Lawyer

‘Adults receiving social care in England and Wales are being failed if they try to challenge decisions made by local authorities, the Equality and Human Rights Commission (EHRC) has claimed.’

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Local Government Lawyer, 2nd March 2023

Source: www.localgovernmentlawyer.co.uk

City council settles claim alleging “discriminatory” pavement licensing policy – Local Government Lawyer

‘City of York Council has settled a wheelchair user’s judicial review claim, which argued the local authority’s pavement licensing policy was discriminatory.’

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Local Government Lawyer, 1st March 2023

Source: www.localgovernmentlawyer.co.uk

Birmingham City Council told to change handling of care complaints – BBC News

‘A council wrongly handled complaints by families over respite care for children with disabilities, an ombudsman found.’

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BBC News, 2nd March 2023

Source: www.bbc.co.uk

Supreme court rules in favour of halting housebuilding in Shrewsbury park – The Guardian

‘Campaigners have won a supreme court appeal to stop houses being built on a park protected by a 100-year-old statutory trust in Shrewsbury, in a landmark ruling for the protection of green spaces.’

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The Guardian, 1st March 2023

Source: www.theguardian.com

Court of Appeal quashes planning permission for only having consideration of part of site – Local Government Lawyer

‘Maidstone Borough Council will have to reconsider a planning application after the Court of Appeal found the local authority misinterpreted its own planning policy on brownfield developments.’

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Local Government Lawyer, 27th February 2023

Source: www.localgovernmentlawyer.co.uk