Category: local government

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

Posted December 14th, 2022 in anonymity, complaints, judicial review, local government, London, maladministration, news, ombudsmen by sally

‘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

Posted December 7th, 2022 in anonymity, families, family courts, local government, media, news, pilot schemes, reporting restrictions by sally

‘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

Posted November 21st, 2022 in families, homelessness, housing, judicial review, local government, news, school children, statutory duty by tracey

‘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

Hillside Parks – common sense is not that common (but the law is not an ass) – Local Government Lawyer

Posted November 21st, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by tracey

‘The Supreme Court judgment in Hillside Parks shows that common sense helps operate the planning system in a practical and fair way, Roy Pinnock writes.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Council threatens Home Office with judicial review after third hotel used to house asylum seekers – Local Government Lawyer

Posted November 21st, 2022 in asylum, government departments, hotels, immigration, injunctions, judicial review, local government, news, refugees by tracey

‘Torbay Council has issued a second pre-proceedings letter for a judicial review of the Home Office’s plan to block-book a third hotel in the area in order to accommodate asylum seekers.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Woman groomed and abused in care gets apology after 30 years – The Guardian

Posted November 21st, 2022 in care homes, child abuse, child neglect, children, local government, news, rape, sexual grooming, sexual offences by tracey

‘Leeds city council letter accepting responsibility believed to be the first of its kind.’

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The Guardian, 20th November 2022

Source: www.theguardian.com

Claimant wins judicial review challenge over “unlawful” level of Care Act support – Local Government Lawyer

Posted November 18th, 2022 in autism, carers, disabled persons, duty of care, judicial review, local government, news by tracey

‘An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.’

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Local Government Lawyer, 17th November 2022

Source: www.localgovernmentlawyer.co.uk

ICO reprimand for misuse of children’s data: a proportionate response or a let off? – Local Government Lawyer

Posted November 18th, 2022 in children, data protection, fines, gambling, government departments, local government, news, school children by tracey

‘Last week, the Department for Education received a formal reprimand from the Information Commissioner’s Office (ICO) over a “serious breach” of the GDPR involving the unauthorised sharing of up to 28 million children’s personal data. But the Department has avoided a fine, despite a finding of “woeful” data protection practices. Ibrahim Hasan reports.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Injunctions in the Court of Protection – Local Government Lawyer

Posted November 18th, 2022 in appeals, Court of Protection, families, injunctions, local government, news by tracey

‘Simon Lindsay and Ruth Atkinson-Wilks explore injunctions in the Court of Protection and examine a helpful tool for giving effect to best interests decisions.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: The Supported Housing (Regulated Oversight) Bill 2022-23 – House of Commons Library

Posted November 17th, 2022 in benefits, bills, housing, landlord & tenant, local government, news, parliament by tracey

‘Bob Blackman’s Private Members Bill will receive its second reading on 18 November 2022. This paper explains how the bill aims to strengthen regulation of supported exempt housing in England.’

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House of Commons Library , 15th November 2022

Source: commonslibrary.parliament.uk

High Court refuses to extend interim injunctions stopping hotels from accommodating asylum seekers – Local Government Lawyer

Posted November 15th, 2022 in asylum, change of use, government departments, hotels, injunctions, local government, news, planning by sally

‘A High Court judge has refused to extend ‘without notice’ interim injunctions obtained by Ipswich Borough Council and East Riding of Yorkshire Council that blocked the acccommodation of asylum seekers in local hotels.’

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Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk