‘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.’
Local Government Lawyer, 8th March 2023
Source: www.localgovernmentlawyer.co.uk
‘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”.’
UKSC Blog, 1st March 2023
Source: ukscblog.com
‘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.’
Nearly Legal, 5th March 2023
Source: nearlylegal.co.uk
‘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.’
UKSC Blog, 1st March 2023
Source: ukscblog.com
‘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.’
Local Government Lawyer, 2nd March 2023
Source: www.localgovernmentlawyer.co.uk
‘City of York Council has settled a wheelchair user’s judicial review claim, which argued the local authority’s pavement licensing policy was discriminatory.’
Local Government Lawyer, 1st March 2023
Source: www.localgovernmentlawyer.co.uk
‘A council wrongly handled complaints by families over respite care for children with disabilities, an ombudsman found.’
BBC News, 2nd March 2023
Source: www.bbc.co.uk
‘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.’
The Guardian, 1st March 2023
Source: www.theguardian.com
‘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.’
Local Government Lawyer, 27th February 2023
Source: www.localgovernmentlawyer.co.uk
‘A rare sitting of the Election Court has agreed to withdraw a petition for a council election to be declared void after receiving “conclusive evidence” that the petitioner handed packets of dates to potential voters.’
Law Society's Gazette, 28th February 2023
Source: www.lawgazette.co.uk
‘In this post, Lisa Fox, a senior associate in the litigation team at CMS, previews the decision awaited from the Supreme Court in London Borough of Merton v Nuffield Health Ltd.’
UKSC Blog, 24th February 2023
Source: ukscblog.com
‘The Committee on Standards in Public Life (CSPL), established in 1994 by John Major to advise the prime minister on arrangements for upholding ethical standards of conduct across public life in England, clearly expected more from the government in this area. For while the CSPL’s January 2019 review of Local Government Ethical Standards contained 26 recommendations, on 4 October 2022, the CSPL’s chair, Lord Evans, wrote to the secretary of state for Levelling Up, Housing and Communities (LUHC), at the time Simon Clarke MP, indicating that it was “very disappointed that many of its careful recommendations have not been accepted”. Among other things, Lord Evans noted “clear frustration within local authorities at the limited powers within the local government standards regime to address poor behaviour by a minority of individuals”. Because while the 2019 report indicated that “the vast majority of councillors and officers want to maintain the highest standards of conduct in their own authority”, it nevertheless noted that a “minority of councillors engage in bullying or harassment, or other highly disruptive behaviour, and a small number of parish councils give rise to a disproportionate number of complaints about poor behaviour”.’
Law Society's Gazette, 24th February 2023
Source: www.lawgazette.co.uk
‘The Supreme Court will next week (1 March) hand down its ruling in a dispute over whether a rent repayment order can only be made against an immediate landlord or whether a superior landlord can also be liable.’
Local Government Lawyer, 24th February 2023
Source: www.localgovernmentlawyer.co.uk
‘Havering Council hopes a 776-years-old law will help it win a planning battle with the City of London Corporation.’
Local Government Lawyer, 23rd February 2023
Source: www.localgovernmentlawyer.co.uk
‘An estate agent that failed to license three residential properties subject to a selective licensing scheme has been ordered to pay £35,000 following a successful prosecution by Enfield Council.’
Local Government Lawyer, 20th February 2021
Source: www.localgovernmentlawyer.co.uk
‘The Housing Ombudsman has found severe maladministration at major social landlord Clarion after repeated drain blockages left a disabled resident unable to use a functioning toilet in their new build home.’
Local Government Lawyer, 21st February 2023
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has granted an application from Liverpool City Council to set aside his order requiring it to provide interim relief to an asylum seeker who claimed that an age assessment carried out by the local authority was “erroneous”.’
Local Government Lawyer, 21st February 2023
Source: www.localgovernmentlawyer.co.uk
‘A Leicestershire NHS trust has been ordered to pay Harborough District Council £35,000 in legal fees after losing a court battle.’
BBC News, 21st February 2023
Source: www.bbc.co.uk
‘In the second in a series of articles, Jack Harding focuses on lesser-known case law which may assist in defending claims brought against highways authorities for failing to maintain the highway under section 41 of the Highways Act 1980 and its predecessors.’
Local Government Lawyer, 17th February 2023
Source: www.localgovernmentlawyer.co.uk
‘A coalition of five councils have launched a judicial review into the Major of London’s decision to expand London’s Ultra Low Emissions Zone (ULEZ).’
Local Government Lawyer, 17th February 2023
Source: www.localgovernmentlawyer.co.uk
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