Court to rule on lawfulness of remote hearings – Law Society’s Gazette

Posted April 14th, 2023 in licensed premises, licensing, local government, news, remote hearings by tracey

‘The lawfulness of local authority licensing hearings held remotely will be decided in a judgment expected later this month.’

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Law Society's Gazette, 13th April 2023

Source: www.lawgazette.co.uk

Council’s failures left disabled child in chronic pain for three years, watchdog finds – The Guardian

Posted April 13th, 2023 in children, disabled persons, fines, housing, local government, news, ombudsmen by sally

‘A severely disabled child missed out on vital NHS surgery and was left in chronic pain for more than three years because a council failed to move them out of unsuitable housing despite repeated pleas from health professionals, a watchdog has ruled.’

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The Guardian, 13th April 2023

Source: www.theguardian.com

London boroughs issue report on going beyond statutory and regulatory housing responsibilities, admitting there is “more they must do” – Local Government Lawyer

Posted April 13th, 2023 in housing, local government, London, news, reports, standards, statutory duty by sally

‘The London Housing Directors’ Group, with support from London Councils, has issued a report setting out best practice principles on how boroughs can go beyond their statutory and regulatory responsibilities to deliver the “highest possible housing standards”.’

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Local Government Lawyer, 12th April 2023

Source: www.localgovernmentlawyer.co.uk

High Court grants interim injunction over Home Office plan to house asylum seekers at disused airfield – Local Government Lawyer

‘Braintree District Council has secured an interim injunction temporarily blocking Home Office plans to accommodate asylum seekers at an airbase, ahead of a High Court hearing on the matter next week.’

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Local Government Lawyer, 11th April 2023

Source: www.localgovernmentlawyer.co.uk

Anonymisation of a young adult applicant for judicial review about section 20 – Transparency Project

‘There are two matters of interest in this unusual judgment by Mr Justice Mostyn in respect of a claim for judicial review brought by a teenager against a local authority, originally published on The National Archives as TT v Essex County Council [2023] EWHC 721 (Fam) but replaced as [2023] EWHC 826 (Admin).’

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Transparency Project, 10th April 2023

Source: transparencyproject.org.uk

‘Give or Take a Few Years’: Age Assessments in Care Proceedings – St Philips Barristers

‘Age assessments predominantly arise within the arena of immigration law where the question to be determined is whether the individual concerned is aged under 18. Those seeking to enter the UK are often both unaccompanied and undocumented, and the determination of age is a prerequisite to their legal protection. However, such disputes are not so commonplace in care proceedings. Often, the young person is already residing in the country and usually retains proof of identification.’

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St Philips Barristers, 30th March 2023

Source: st-philips.com

Liverpool school abuse: Survivors take legal action against council – BBC News

‘A group of former pupils who were subjected to sexual and physical abuse at a school have begun legal action against the council which ran it.’

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BBC News, 5th April 2023

Source: www.bbc.co.uk

Local Government Association raises concerns over Illegal Migration Bill, highlights conflict with Children Act 1989 – Local Government Lawyer

Posted April 4th, 2023 in asylum, bills, children, immigration, local government, news by sally

‘The Local Government Association (LGA) has warned that provisions in the Government’s Illegal Migration Bill regarding unaccompanied children could conflict with the Children Act 1989.’

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Local Government Lawyer, 3rd April 2023

Source: www.localgovernmentlawyer.co.uk

Council gets default ruling set aside in £6m mesothelioma case despite “inexcusable” delay – Local Government Lawyer

‘The London Borough of Richmond has been allowed to defend a £6m mesothelioma claim, after the High Court set aside a default judgment made in 2021.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Judge grants permission to bring claim over alleged failure to treat as former relevant child – Local Government Lawyer

Posted April 4th, 2023 in care orders, children, housing, judicial review, local government, news by sally

‘A High Court judge has granted permission for a judicial review challenge over the London Borough of Lambeth’s alleged failure to treat a vulnerable 17 year old as a “looked after” child, by providing accommodation under the Housing Act, rather than pursuant to the provisions of the Children Act.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Illegal eviction – attempted or accomplished? – Nearly Legal

Posted April 3rd, 2023 in appeals, housing, landlord & tenant, local government, news, repossession by sally

‘Not something we see very often, an appeal from a conviction for illegal eviction (not that we see many convictions for illegal eviction in the first place).’

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Nearly Legal, 2nd April 2023

Source: nearlylegal.co.uk

Child sex abuse: Failure to report crimes to be made illegal – BBC News

‘People who work with children in England will be legally required to report child sexual abuse or face prosecution under government plans.’

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BBC News, 3rd April 2023

Source: www.bbc.co.uk

Council prosecution sees landlords fined £434k for housing offences – Local Government Lawyer

‘Eight landlords – five individuals and three companies – have been fined £434,000 for offences under the Housing Act 2004, including the operation of 14 unlicensed houses in multiple occupation (HMO) and a catalogue of breaches relating to fire safety, tenant information and maintenance of the properties, following a prosecution brought by West Northamptonshire Council.’

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Local Government Lawyer, 3rd April 2023

Source: www.localgovernmentlawyer.co.uk

Council decision to extend conservation area to save department store building was unlawful, High Court rules – Local Government Lawyer

Posted April 3rd, 2023 in housing, local government, news, planning by sally

‘A High Court judge has found that Spelthorne Borough Council fell into a number of legal errors when extending a conservation area to include a former department store that developers were seeking to demolish.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Thousands of homeless people arrested under archaic Vagrancy Act – The Guardian

‘More than 1,000 homeless people have been arrested for sleeping rough or begging since the government pledged to scrap the nearly 200-year-old Vagrancy Act, new figures show.’

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The Guardian, 2nd April 2023

Source: www.theguardian.com

R (Milburn) v Local Government and Social Care Ombudsman – St John’s Buildings

‘In R (Milburn) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207, the Court of Appeal upheld the decision of HHJ Sephton KC (sitting as a Deputy Judge of the High Court) that the Claimant’s complaints regarding the local authority’s conduct in an appeal before the First-Tier Tribunal (Special Educational Needs and Disability) well within the remit of the Tribunal, and therefore fell outside of the Ombudsman’s jurisdiction due to s.26(6) of the Local Government Act 1974.’

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St John's Buildings, 15th March 2023

Source: stjohnsbuildings.com

Institute of Licensing issues briefing note on Rehabilitation of Offenders Act – Local Government Lawyer

Posted March 29th, 2023 in criminal records, disclosure, licensing, local government, news, rehabilitation by sally

‘The Institute of Licensing (IoL) has issued a briefing note on the Rehabilitation of Offenders Act 1974 in order to provide assistance to licensing authorities, applicants and representatives in relation to protected convictions and cautions.’

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Local Government Lawyer, 28th March 2023

Source: www.localgovernmentlawyer.co.uk

Judges allow appeal from residents in out-of-borough accommodation disputes – Local Government Lawyer

Posted March 28th, 2023 in appeals, families, housing, local government, London, news by sally

‘Two residents have won cases in the Court of Appeal against decisions by London boroughs to move them to private rented accommodation outside the capital.’

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Local Government Lawyer, 27th March 2023

Source: www.localgovernmentlawyer.co.uk

Time to respond to ‘minded to’ letters, and getting affordability right – Nearly Legal

Posted March 27th, 2023 in appeals, homelessness, housing, judicial review, local government, news by tracey

‘Our grateful thanks to Alice Irving of Doughty Street Chambers for this note of a section 204 appeal decision, which is interesting in the approach to representations in response to ‘minded to’ letters, to affordability assessments and on the timing and role of skeleton arguments in s.204 appeals.

Tapper v Royal Borough of Kingston upon Thames (unreported, 4 January 2022, County Court at Central London, HHJ Parfitt)’

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Nearly Legal, 26th March 2023

Source: nearlylegal.co.uk

Action plan to crack down on anti-social behaviour – Home Office

Posted March 27th, 2023 in ASBOs, drug offences, fines, government departments, local government, news, police by tracey

‘Perpetrators of anti-social behaviour will face swift and visible justice, with nitrous oxide banned and police given more powers to test for drugs on arrest.’

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Home Office, 26th March 2023

Source: www.gov.uk