The risks in the written representations procedure – Local Government Lawyer

Posted October 21st, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘The High Court has overturned an inspector’s decision to uphold an enforcement notice in respect of a property in south-west London. Sam Fowles explains why.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

City council to refund 11 years of care home top-up fees to family following Ombudsman investigation – Local Government Lawyer

Posted October 21st, 2022 in care homes, compensation, delay, families, fees, local government, news, ombudsmen by tracey

‘An investigation by the Local Government and Social Care Ombudsman has concluded that a family should never have been charged for 11 years’ worth of care home top-up fees for their mother’s care.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Climate litigation and the rationality quagmire – Six Pump Court

Posted October 20th, 2022 in chambers articles, climate change, local government, news, planning by sally

‘The disconnect between overarching carbon reduction requirements in the CCA 2008, and national planning policy (and, ultimately, national and local planning decisions) continues to inspire litigation. No claim has yet succeeded. The legislative framework is such that the majority of challenges can only take aim at the rationality of the decision.’

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Six Pump Court, 10th October 2022

Source: 6pumpcourt.co.uk

High Court to hear judicial review of Local Plan brought by parish council in attempt to block construction of 27 dwellings – Local Government Lawyer

Posted October 18th, 2022 in housing, judicial review, local government, news, planning by sally

‘The High Court will this week hear a judicial review brought by Norton St Philip Parish Council which argues that Mendip District Council’s decision to follow the recommendations of a planning inspector and approve a Local Plan was unlawful.’

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Local Government Lawyer, 17th October 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman criticises council over “flawed” school transport policy – Local Government Lawyer

‘Northumberland County Council has agreed to look again at families’ applications for school transport for teenagers with special educational needs, following an investigation by the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 12th October 2022

Source: www.localgovernmentlawyer.co.uk

Defendants sentenced following “largest ever prosecution under Protection from Eviction Act 1977” – Local Government Lawyer

‘In a case prosecuted by Thanet District Council, Judge Rupert Lowe, sitting at Canterbury Crown Court, passed sentence on Monday (10 October) on four defendants involved in managing rented flats in Margate.’

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Local Government Lawyer, 13th October 2022

Source: www.localgovernmentlawyer.co.uk

Judge approves unlawful placement for girl, 13, at risk of suicide – The Guardian

‘A 13-year-old girl at risk of suicide and in the care of Manchester city council has languished in hospital for more than three months due to a lack of suitable placements anywhere in the country.’

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The Guardian, 12th October 2022

Source: www.theguardian.com

Corfe Mullen campaigners lose six-year battle over woodland – BBC News

Posted October 13th, 2022 in commons, local government, news, rights of way by tracey

‘A group of villagers has lost a six-year battle with a landowner over public access to a woodland.’

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BBC News, 13th October 2022

Source: www.bbc.co.uk

Council makes its first Interim Management Order to take over running of HMO following failings of landlord – Local Government Lawyer

‘Coventry City Council has made its first Interim Management order following what it described as a landlord’s “persistent failure” to licence a House in Multiple Occupation (HMO) in the area.’

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Local Government Lawyer, 11th October 2022

Source: www.localgovernmentlawyer.co.uk

Vegan who said tackling mouse infestation was ‘against ethical beliefs’ is fined – The Independent

Posted October 12th, 2022 in animals, environmental health, fines, housing, local government, news, veganism by tracey

‘A vegan who failed to deal with a mouse infestation at her mid-terrace home, claiming that taking action would go against her ethical beliefs, has been fined by a court.’

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The Independent, 12th October 2022

Source: www.independent.co.uk

Council houses perpetrator’s relative in same street as abuse victim – BBC News

‘A domestic abuse victim and her children were “forced to flee” their new home when the council moved the perpetrator’s relative into their road.’

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BBC news, 11th October 2022

Source: www.bbc.co.uk

Property Guardians and HMOs – on we go. – Nearly Legal

Posted October 11th, 2022 in houses in multiple occupation, licensing, local government, news by tracey

‘Global Guardians Management Ltd & Ors v London Borough of Hounslow & Ors (2022) UKUT 259 (LC). This was Global Guardians’ appeal of an FTT decisions that occupation by property guardians was capable of making a property a licensable HMO, and that Global Guardians (and Global 100) were in control and/or management of the property. This was in two matters – one being Global’s appeal of civil penalties imposed by LB Hounslow, and the other being rent payment orders made against Global 100 in favour of guardian occupiers.’

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Nearly Legal, 5th October 2022

Source: nearlylegal.co.uk

Understanding the risk of discharge of duty – Nearly Legal

Posted October 11th, 2022 in appeals, housing, interpreters, local government, news by tracey

‘Our grateful thanks to Angharad Monk of Garden Court (and instructing solicitor Anne Spowart of Morrison Spowart) for this note of judgment in a section 204 Housing Act 1996 appeal of Waltham Forest’s decision to discharge duty. Mekonen v LB Waltham Forest, County Court at Central London, 8 August 2022.’

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Nearly Legal, 9th October 2022

Source: nearlylegal.co.uk

Nearly 240 applications made for deprivation of liberty for children in first two months of new national court – Local Government Lawyer

‘There were 237 applications to deprive children of their liberty in the first two months of the new national deprivation of liberty (DoLs) court, the Nuffield Family Justice Observatory (NFJO) has said.’

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Local Government Lawyer, 6th October 2022

Source: www.localgovernmentlawyer.co.uk

No duty owed to taxi driver – Local Government Lawyer

‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’

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Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Reasons and Reasoning: What’s the right level of record keeping of evaluation decisions? – Local Government Lawyer

Posted October 10th, 2022 in local government, news, public procurement, reasons by tracey

‘Laura Wisdom, Patrick Parkin and Lloyd Nail look at key cases concerning record keeping of evaluation decisions, and what these decisions mean in practice.’

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Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Council where Logan Mwangi was murdered ‘worryingly dependent’ on agency care – The Guardian

‘A local authority involved in the care of Logan Mwangi, the five-year-old boy murdered by his mother, her partner and his stepson, spent more than £1m on agency social workers in the year the child was killed, it has emerged.’

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The Guardian, 5th October 2022

Source: www.theguardian.com

Specificity in the context of “education otherwise than at school” – Local Government Lawyer

Posted September 30th, 2022 in appeals, children, disabled persons, education, local government, news, tribunals by michael

‘Holly Littlewood analyses a recent case concerning specificity in the context of “education otherwise than at school” (EOTAS), and an unlawful delegation of responsibility for determining special educational provision in an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 30th Septembr 2022

Source: www.localgovernmentlawyer.co.uk

The school fines lottery for parents with absent children – BBC News

Posted September 30th, 2022 in children, education, fines, local government, news, school children by michael

‘Parents in England whose children miss school face harsher penalties depending on where they live, a BBC Panorama investigation has found.’

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BBC News, 30th September 2022

Source: www.bbc.co.uk

Borough council prosecution secures £200k fine after metal object found in Krispy Kreme doughnut – Local Government Lawyer

Posted September 27th, 2022 in fines, food hygiene, health & safety, local government, news, prosecutions by sally

‘Melton Borough Council has prosecuted Krispy Kreme UK for three offences of food hygiene and safety after a sharp piece of metal was found in a doughnut.’

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Local Government Lawyer, 26th September 2022

Source: www.localgovernmentlawyer.co.uk