Woman jailed for using fake mum to claim thousands – BBC News
‘A woman has been jailed after pretending another woman was her dead mum to fraudulently claim more than £17,000 in financial support.’
BBC News, 20th February 2025
Source: www.bbc.co.uk
Category: local government
Risk assessment in care proceedings – Local Government Lawyer
‘Reece McAllister analyses a significant Court of Appeal ruling on risk assessment and judicial reasoning in care proceedings.’
Local Government Lawyer, 19th February 2025
Source: www.localgovernmentlawyer.co.uk
Capacity, insight and professional cultures – Local Government Lawyer
‘Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.’
Local Government Lawyer, 19th February 2025
Source: www.localgovernmentlawyer.co.uk
Disabled people in immigration bail: the duties of the Home Office and local authorities – Local Government Lawyer
‘The High Court has ruled that the Home Office has been systemically failing to provide safe and suitable accommodation to disabled applicants, and has given guidance on the interaction between Schedule 10 accommodation and the Care Act 2014. Stephanie Harrison KC, Nadia O’Mara and Isaac Ricca-Richardson analyse its findings.’
Local Government Lawyer, 19th February 2025
Source: www.localgovernmentlawyer.co.uk
Homelessness and health – Local Government Lawyer
‘Julia Jones and Julie Bennett look at government guidance which suggests that the discharging from hospital of people at risk of or experiencing homelessness is a window of opportunity to address an individual’s complex needs.’
Local Government Lawyer, 20th February 2025
Source: www.localgovernmentlawyer.co.uk
Judges reject appeal over whether protective duty had arisen in school exclusion case where pupil was vulnerable to child criminal exploitation – Local Government Lawyer
‘The Court of Appeal has rejected an appeal over a High Court judge’s finding that the protective duty under Article 4 of the European Court of Human Rights had not been triggered at the time when a governing body’s disciplinary panel decided not to reinstate a pupil following his permanent exclusion.’
Local Government Lawyer, 19th February 2025
Source: www.localgovernmentlawyer.co.uk
Judge grants city council possession order over square with homeless camp – Local Government Lawyer
‘Manchester City Council can proceed with evictions at a tent encampment in St Peter’s Square, a judge has ruled.’
Local Government Lawyer, 18th February 2025
Source: www.localgovernmentlawyer.co.uk
Taxi drivers “operating” within an area – Local Government Lawyer
‘A council has been ordered to pay the costs of an “improper” prosecution of a private hire operator. Matt Lewin explains why.’
Local Government Lawyer, 18th February 2025
Source: www.localgovernmentlawyer.co.uk
Bits of interest – Nearly Legal
‘A couple of brief notes on things of interest.’
Nearly Legal, 16th February 2025
Source: nearlylegal.co.uk
Subsidy control law and new statutory guidance – Local Government Lawyer
‘What do the changes to the statutory guidance on subsidy control mean for public authorities? Alexander Rose and Jonathan Branton explain.’
Local Government Lawyer, 14th February 2025
Source: www.localgovernmentlawyer.co.uk
Bed blocking, possession orders and discharge planning – Local Government Lawyer
‘The recent case of Northampton General Hospital NHS Trust v Mercer [2024] EWHC 2515 spotlights the pressing issue of “bed-blocking” in NHS hospitals. In May 2024, over 12,000 patients in England were in hospital who no longer needed to be there, yet remained in hospital, often due to care planning delays. The Judge in this case, HHJ Tindal, gave legal and practical guidance in the form of a checklist for hospitals seeking possession in relation to patients whose refusal to leave hospital is not thought to be affected by mental health or mental capacity issues.’
Local Government Lawyer, 14th February 2025
Source: www.localgovernmentlawyer.co.uk
Judge quashes grant of planning permission for extension of holiday park over failure to give adequate reasons – Local Government Lawyer
‘The Planning Court has quashed the grant of planning permission for a multi-million pound extension of a caravan park, following a legal challenge brought by local residents.’
Local Government Lawyer, 12th February 2025
Source: www.localgovernmentlawyer.co.uk
School employee wins Court of Appeal battle over dismissal for Facebook posts on teaching of “gender fluidity” – Local Government Lawyer
‘The Court of Appeal has allowed an appeal from a Christian school employee who was dismissed because she posted messages on her personal Facebook account opposing the teaching in schools, and in particular primary schools, of “gender fluidity” and that same-sex marriage is equivalent to marriage between a man and a woman.’
Local Government Lawyer, 12th February 2025
Source: www.localgovernmentlawyer.co.uk
High Court judge rejects legal challenge by council over Ombudsman report in nursery fees case – Local Government Lawyer
‘The High Court has dismissed a council’s application for judicial review against the Local Government and Social Care Ombudsman (LGO) over a report that upheld a complaint of maladministration against the local authority in a nursery school fees case.’
Local Government Lawyer, 12th February 2025
Source: www.localgovernmentlawyer.co.uk
Senior Court of Protection judge approves adapted checklist for assessing capacity after case highlights different approaches between social workers and clinicians – Local Government Lawyer
‘The Vice President of the Court of Protection has allowed an appeal against final declarations regarding the residence and care of a vulnerable man, observing an “evidential divide” on capacity between the clinicians and social workers.’
Local Government Lawyer, 14th February 2025
Source: www.localgovernmentlawyer.co.uk
Deprivation of liberty and profound disability – an urgent need for appellate clarification – Mental Capacity Law and Policy
‘Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025] EWHC 200 (Fam), concerning a 15 year old boy with “profound enduring disabilities”.’
Mental Capacity Law and Policy, 10th February 2025
Mark K Heatley: The Disadvantages of Local Legislation – UK Constitutional Law Association
‘The term Private Acts of Parliament (PA) is widely used to include local Acts, that benefit organizations such as local authorities or authorize major infrastructure projects and are often of limited geographical extent, or personal Acts that benefit individuals. This post considers the reasons for the decline in the enaction of Local Acts of Parliament (LAs), which began in the nineteenth century with the process of enacting local legislation by provisional order. Provisional orders were introduced as a substitute for LAs and were issued by a Minister following a local inquiry, under the authority of an Act of Parliament, but required a later individual and specific confirmatory Act of Parliament. Although their occasional use has persisted, they in turn were largely replaced by Special Procedure Orders following the passing of the Statutory Orders (Special Procedure) Act in 1945.’
UK Constitutional Law Association, 11th February 2025
Source: ukconstitutionallaw.org
Reforms to the NSIP Regime proposed in Government working paper – Local Government Lawyer
‘Alastair Lewis, Emyr Thomas, Emily Knowles and James Goldthorpe look over proposed changes to the planning system in the Planning and Infrastructure Bill.’
Local Government Lawyer, 10th February 2025
Source: www.localgovernmentlawyer.co.uk
Supreme Court to hear key case next week on ‘appropriate assessment’ and subsequent approvals – Local Government Lawyer
‘The Supreme Court will next week consider whether Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”) require an “appropriate assessment” to be undertaken for subsequent approvals after the grant of outline planning permission at a further consent stage, i.e. at the approval of reserved matters and discharge of conditions stages.’
Local Government Lawyer, 10th February 2025
Source: www.localgovernmentlawyer.co.uk
