Judge quashes decision letter over discriminatory impact of housing allocations policy on domestic abuse survivor – Local Government Lawyer

Posted January 6th, 2023 in domestic violence, equality, housing, judicial review, local government, news by tracey

“A High Court judge has ruled that a local authority’s housing allocations policy and its application to a domestic abuse survivor amounted to indirect discrimination.”

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Local Government Lawyer, 5th January 2023

Source: www.localgovernmentlawyer.co.uk

Councils call for funding, guidance and notice ahead of introduction of Martyn’s Law – Local Government Lawyer

‘The Local Government Association (LGA) has said the Government must ensure funding is made available for the successful implementation of a new law which requires venues to take steps to protect the public from terror attacks.’

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Local Government Lawyer, 20th December 2022

Source: www.localgovernmentlawyer.co.uk

NHS trust apologises as man kept in hospital for more than a year – BBC News

Posted December 20th, 2022 in detention, hospitals, local government, mental health, news by sally

‘A man with physical and mental health problems is “living” in a hospital despite being fit to leave, a court has heard.’

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BBC News, 19th December 2022

Source: www.bbc.co.uk

Accommodating asylum seekers: legal issues arising from the use of hotel accommodation – Local Government Lawyer

‘The Home Office’s policy of placing asylum seekers in hotels and hostels has given rise to a number of legal issues for local authorities. Dean Underwood and Jack Barber detail the areas of concern.’

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Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

The planning definition of ‘Gypsies and Travellers’ – Local Government Lawyer

‘Aileen McColgan KC examines a Court of Appeal ruling that the Government’s planning definition of “gypsies and travellers” was unlawfully discriminatory.’

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Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

Manchester Arena attack: Martyn’s Law for venue security to cover all of UK – BBC News

Posted December 19th, 2022 in crime prevention, families, local government, news, terrorism, victims by tracey

‘New legislation will be introduced to tighten security at venues in the wake of the Manchester Arena bombing. The new rules, dubbed Martyn’s Law, will cover all of the UK and require venues and local authorities to have preventative action plans against terror attacks, the government said.’

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BBC News, 19th December 2022

Source: www.bbc.co.uk

Council told to pay over £7k after failing to provide alternative education for autistic boy – Local Government Lawyer

‘An investigation by the Local Government and Social Care Ombudsman has found that Oxfordshire County Council failed to provide alternative education for a boy with autism for a year.’

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Local Government Lawyer, 15th December 2022

Source: www.localgovernmentlawyer.co.uk

How reasonable are your endeavours? – Local Government Lawyer

Posted December 16th, 2022 in contracts, local government, news by tracey

‘Patrick Adie sets out the most common types of endeavours obligation found in property contracts and – depending on your circumstances – the best obligation to agree.’

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Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

Council loses Supreme Court appeal over planning conditions and dedication of land as public highway – Local Government Lawyer

Posted December 16th, 2022 in appeals, local government, news, planning, roads, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed an appeal by Swindon Borough Council in a dispute over whether it is lawful for a planning authority, in granting planning permission for a development, to impose a planning condition that the developer will dedicate land within the development site to be a public highway.’

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Local Government Lawyer, 14th December 2022

Source: www.localgovernmentlawyer.co.uk

Ex-leader of London borough fails in High Court challenge over naming in Ombudsman report – Local Government Lawyer

‘A former leader of the London Borough of Haringey has lost a judicial review challenge over a decision by the Local Government and Social Care Ombudsman to name him in a report.’

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Local Government Lawyer, 12th December 2022

Source: www.localgovernmentlawyer.co.uk

Case Preview: R (Day) v Shropshire Council (heard 7th December 2022) – UKSC Blog

Posted December 14th, 2022 in appeals, judicial review, local government, news, planning, Supreme Court by sally

‘Shrewsbury Town Council owned a plot of land which was subject to a statutory trust arising either under section 10 of the Open Spaces Act 1906 or, impliedly, under the Public Health Act 1875. Pursuant to that trust, the town council had to allow the public to enjoy the land as an open space.’

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UKSC Blog, 12th December 2022

Source: ukscblog.com

Pilot scheme to allow family court reporting for first time – Local Government Lawyer

‘Journalists will be able to report what happens in family courts from the end of January, under a pilot scheme taking place in Leeds, Cardiff and Carlisle.’

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Local Government Lawyer, 5th December 2022

Source: www.localgovernmentlawyer.co.uk

Doncaster Sheffield Airport: Judicial review over airport closure refused – BBC News

Posted December 2nd, 2022 in airports, judicial review, local government, news by tracey

‘An application for a judicial review into the decision to shut Doncaster Sheffield Airport has been refused, Doncaster Council has said.’

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BBC News, 1st December 2022

Source: www.bbc.co.uk

High Court grants council interim injunction preventing 60 hotels from taking in asylum seekers – Local Government Lawyer

Posted December 1st, 2022 in asylum, hotels, injunctions, local government, news by sally

‘The High Court has granted Great Yarmouth Borough Council an interim injunction restricting around 60 hotels in the resort town from accommodating asylum seekers.’

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Local Government Lawyer, 30th November 2022

Source: www.localgovernmentlawyer.co.uk

New Legal Duty to Require Local Bodies to Consider How Decision-Making Impacts Members of Armed Forces Community – Local Government Lawyer

Posted November 30th, 2022 in armed forces, government departments, local government, news, statutory duty by sally

‘Councils, NHS trusts and other local bodies will be required to consider how their decision-making impacts upon members of the Armed Forces community, under a new duty introduced last week (22 November).’

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Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

Nine in ten councils report backlog in planning enforcement cases amid 43% drop in spending on planning as a whole – Local Government Lawyer

Posted November 29th, 2022 in delay, enforcement, local government, news, planning, reports, statistics by sally

‘A £364m reduction in yearly local authority spending on planning has led to “major challenges in resourcing, skills and performance” for planning authorities, new research has revealed.’

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Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

Council told to pay £15k over failures in relation to provision of suitable alternative education – Local Government Lawyer

Posted November 28th, 2022 in children, compensation, education, health, local government, news, ombudsmen, school children by tracey

‘A child from West Sussex who was unable to attend school missed out on education after the council failed to provide a suitable alternative, an investigation by the Local Government and Social Care Ombudsman has revealed.’

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Local Government Lawyer, 25th November 2022

Source: www.localgovernmentlawyer.co.uk

Taxi driver licence appeals: burden of proof – Local Government Lawyer

Posted November 28th, 2022 in appeals, burden of proof, licensing, local government, news, taxis by tracey

‘Prof Roy Light analyses the case law around the burden of proof in taxi driver licence appeals.’

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Local Government Lawyer, 25th November 2022

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees defendant ordered to pay £80k+ over tree preservation order breach – Local Government Lawyer

Posted November 24th, 2022 in fines, local government, news, trees by sally

‘A defendant has been ordered to pay more than £80,000 over the destruction of 16 oak trees in breach of a tree preservation order.’

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Local Government Lawyer, 23rd November 2022

Source: www.localgovernmentlawyer.co.uk

Assessment of housing needs and cascading unlawfulness – Nearly Legal

‘YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin). Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister’s children, A, her youngest child, is 6 months old; R is 4; Y is 7; B is 9; H is 12; J is 12; and S is 16. Ms YR is a Spanish national with pre-settled status, and Spanish speaking. After becoming homeless in December 2021, she had been staying with a friend, but this could not continue. Following an approach to Lambeth, she was given temporary accommodation in a two bedroom flat in the borough, and the children were enrolled in schools in Lambeth. The accommodation was obviously overcrowded. A formal homelessness application was made in July 2021, with a request for suitable accommodation, together with a request for assessment of the children as in need under section 17 Children Act 1989.’

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Nearly Legal, 20th November 2022

Source: nearlylegal.co.uk