Needs, not wishes – Housing Needs Assessments and Personal Housing Plans – Nearly Legal

Posted September 5th, 2022 in asylum, homelessness, housing, immigration, judicial review, local government, news, refugees by tracey

‘ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin). This was a judicial review of what was claimed to be Havering’s failure to provide a lawful housing needs assessment and personal housing plan for Mr ZK, under section 189A Housing Act 1996.’

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Nearly Legal, 4th September 2022

Source: nearlylegal.co.uk

Regulator of Social Housing finds council in breach of Home Standard over failure to conduct health and safety assessments in thousands of homes – Local Government Lawyer

Posted September 5th, 2022 in health & safety, housing, local government, news by tracey

‘The Royal Borough of Greenwich has breached the Home Standard and, as a consequence, there was potential for serious detriment to tenants, the Regulator of Social Housing (RSH) has concluded.’

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Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Mobile (park) homes – House of Commons Library

Posted September 5th, 2022 in housing, local government, news, parliament by tracey

‘This paper provides an overview of the rights of residents who live year-round on mobile (park) home sites and proposals to improve protections for residents in England.’

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House of Commons Library , 30th August 2022

Source: commonslibrary.parliament.uk

Ivy owner Richard Caring defies order to remove £40m home’s incongruous windows – The Guardian

Posted September 5th, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘Richard Caring, the billionaire nightclub and restaurant entrepreneur, is refusing to remove three “incongruous and dominant” windows from his £40m house in South Kensington despite the council issuing an “enforcement notice” ordering him to do so.’

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The Guardian, 5th September 2022

Source: www.theguardian.com

Local authority age assessments considered in R (HAM) v Brent LBC – EIN Blog

Posted September 2nd, 2022 in asylum, children, immigration, judicial review, local government, news, young persons by tracey

‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’

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EIN Blog, 1st September 2022

Source: www.ein.org.uk

The test for discharging a planning condition – Local Government Lawyer

Posted September 2nd, 2022 in judicial review, local government, news, planning by tracey

‘A local authority recently defeated a judicial review challenge in the High Court in relation to discharging planning conditions. Piers Riley-Smith explains how.’

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Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Late service of CIL liability notice – Local Government Lawyer

Posted September 2nd, 2022 in local government, news, planning by tracey

‘Christopher Cant analyses the consequences of a delay in issuing and serving a Community Infrastructure Levy (CIL) liability notice when it comes to enforcement.’

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Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal reopens claims on child abuse duty of care – Law Society’s Gazette

‘The Court of Appeal has ruled that negligence claims against local authorities over their duty of care to abused children must be heard in court.’

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Law Society's Gazette, 1st September 2022

Source: www.lawgazette.co.uk

Child protection agencies failed son of drug addict, review finds – The Guardian

‘A severely asthmatic seven-year-old boy who died “gasping for air” alone at night was failed by child protection agencies who “could and should have done better”, a serious case review has found.’

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The Guardian, 1st September 2022

Source: www.theguardian.com

Planning Court rejects judicial review challenge over permission for redevelopment of former brewery site in Brick Lane – Local Government Lawyer

Posted September 1st, 2022 in judicial review, listed buildings, local government, news, planning by sally

‘A Planning Court judge has dismissed a judicial review challenge against the London Borough of Tower Hamlets’ grant of planning permission for redevelopment of part of the site of a former brewery.’

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Local Government Lawyer, 31st August 2022

Source: www.localgovernmentlawyer.co.uk

Construction of sports facility paused following judicial review challenge to council approval – Local Government Lawyer

Posted August 31st, 2022 in judicial review, local government, news, planning, sport by sally

‘The High Court has given the go-ahead for a judicial review challenge over West Berkshire Council’s decision to grant planning permission for the development of a new sports hub in Newbury.’

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Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

Half of all court cases over breach of anti-social behaviour injunction end with defendant imprisoned, new data shows – Local Government Lawyer

“Almost half of all cases concerning civil injunction breaches brought to court by social housing providers and councils since the first lockdown have resulted in a prison sentence, according to a report from the Bureau of Investigative Journalism.”

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Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

Tribunal upholds fixed penalties imposed on HMO landlord for property management failures but reduces amount payable – Local Government Lawyer

Posted August 30th, 2022 in houses in multiple occupation, local government, news, penalties, repairs by tracey

‘A landlord has been ordered to pay £23,000 for failing to maintain two Houses in Multiple Occupation (HMO) after Tendring District Council took action.’

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Local Government Lawyer, 25th August 2022

Source: www.localgovernmentlawyer.co.uk

When Code and RAMS Collide – Local Government Lawyer

‘James Nelson takes a look at the High Court’s decision in Cornerstone Telecommunications Infrastructure Limited v London Borough of Hackney.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Public law children case update: August 2022 – Local Government Lawyer

‘Jaime Turner rounds up the most interesting and relevant public law cases.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Proportionality in adoption cases – Local Government Lawyer

‘Lisa Edmunds summarises four decisions about proportionality in adoption cases and sets out the takeaway points for everyday practice.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Local authority age assessments considered in R (HAM) v Brent LBC – UK Human Rights Blog

Posted August 23rd, 2022 in asylum, children, human rights, immigration, judicial review, local government, news by sally

‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’

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UK Human Rights Blog, 22nd August 2022

Source: ukhumanrightsblog.com

Homelessness – suitability and distance to school – Nearly Legal

Posted August 22nd, 2022 in children, families, homelessness, housing, local government, news, school children by tracey

‘The Queen on the Application of Fokou v London Borough of Southwark (2022) EWHC 1452 (Admin) (not on Bailii, judgment on Westlaw). This was an application for interim relief in judicial review proceedings regarding suitability of accommodation and alleging breach of the Children Act 2004 s.11(2) duty to discharge the Council’s functions in such a way as to safeguard and promote the welfare of children.’

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Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Bullale again – settled accommodation and intentional homelessness – Nearly Legal

Posted August 22nd, 2022 in appeals, homelessness, housing, landlord & tenant, local government, news, repossession by tracey

‘Following the the Court of Appeal judgment in Bullale v City of Westminster Council (2020) EWCA Civ 1587 (our note) quashing Westminster’s review decision, Westminster had another go at a review decision as to whether Ms Bullale was intentionally homeless or not. In fact they had a further two goes. The second review decision went against Ms B, but the following s.204 appeal was compromised and a fresh, third, review decision undertaken. That also went against Ms B, and this is the resulting s.204 appeal judgment.’

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Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Permanent exclusion decisions and disability discrimination claims – Local Government Lawyer

‘The First-tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim, the Upper Tribunal confirmed. Katherine Anderson analyses the judgment.’

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Local Government Lawyer. 19th August 2022

Source: www.localgovernmentlawyer.co.uk