Windrush pensioner facing homelessness at 89 as Home Office ‘unable to verify her identity’ – The Independent

Posted July 2nd, 2024 in homelessness, housing, identification, local government, London, news, passports by tracey

‘An 89-year-old woman from the Windrush generation is facing homelessness because the Home Office says it cannot verify her identity.’

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The Independent, 1st July 2024

Source: www.independent.co.uk

Council refunded £1.5m to ‘gagged’ leaseholders – BBC News

‘A London council has been forcing residents into silence as a condition of them receiving money owed to them for building work and services they had been overcharged for – in some cases by tens of thousands of pounds.’

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BBC News, 30th June 2024

Source: www.bbc.co.uk

Robert Colvin and Elizabeth Forster: Rolling Judicial Reviews: A New Era of Court Monitoring in Complex Cases? – UK Constitutional Law Association

Posted July 1st, 2024 in asylum, children, judicial review, local government, news, statutory duty by tracey

‘On 5 June 2024, the Administrative Court gave its final word on relief in the (relatively) long running ECPAT UK judicial review (see R (ECPAT UK) v Kent County Council [2024] EWHC 1353 (Admin)). The case centred on Kent County Council’s (“KCC”) failure to meet its statutory duty to look after unaccompanied asylum-seeking children (“UAS children”) arriving at its coast and the Home Secretary’s systematic, routine and (ultimately) unlawful use of hotels to accommodate them outside of the care system. While the Court’s findings of illegality on the part of both defendants were uncontroversial – indeed KCC conceded it was acting (owing to a purported lack of resource) illegally (see R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 1953 (Admin), para 161) – it was the Court’s willingness to extend its usual role and monitor the defendants’ compliance with its ruling which makes this case unique.’

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UK Constitutional Law Association, 1st July 2024

Source: ukconstitutionallaw.org

New statutory guidance on the Best Value Duty – Local Government Lawyer

‘The Department for Levelling Up, Housing and Communities (DLUHC) has recently issued welcomed guidance on best value standards and interventions, following a consultation last summer, writes Olivia Carter.’

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Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Fitness for human habitation claims – what are they worth? – Local Government Lawyer

‘Rhiannon Moody examines a recent case where damages were awarded over a council property that was unfit for human habitation.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

The test for ceasing to maintain an EHCP – Local Government Lawyer

‘Abby Buttle reports on a successful appeal to the Upper Tribunal on the test for ceasing to maintain an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Tribunal “erred in law” by failing to recognise young person lacked capacity to litigate and failing to appoint his mother as alternative person – Local Government Lawyer

‘An Upper Tribunal judge has ruled that the First-tier Tribunal “erred in law” by failing to recognise that a young person lacked capacity to litigate and consequently his mother should have been appointed as his alternative person.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Judge rules council should receive “substantial” sum as waste management dispute rumbles on – Local Government Lawyer

Posted June 28th, 2024 in contracts, dispute resolution, local government, news, waste by sally

‘The High Court has concluded that Buckinghamshire Council is entitled to a “substantial” sum in the latest ruling in a long-running dispute over a waste management project agreement, although the exact amount will need to be resolved.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

High Court allows 15-year-old to change name despite opposition from local authority – Local Government Lawyer

Posted June 28th, 2024 in care orders, children, families, family courts, local government, names, news by sally

‘A High Court judge has allowed an application made by a 15 year old girl to change her forename and surname, despite the application being opposed by the girl’s mother and the local authority.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

Government hit with judicial review after excluding onshore wind from energy policy – Local Government Lawyer

‘The High Court has granted the Good Law Project permission to challenge the Department for Energy Security and Net Zero’s decision to exclude onshore wind from its policy on energy infrastructure.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Lake District sewage campaigners launch nuisance complaint in legal first – The Guardian

‘Campaigners fighting to stop sewage discharges into Windermere, the Lake District’s largest lake, have made a statutory nuisance complaint against a water company in the first legal action of its kind.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Tribunal rejects appeal over refusal by district council to disclose all information requested on Code of Conduct review panel hearing – Local Government Lawyer

‘A man who argued health and safety legislation should “reign supreme” over the Freedom of Information (FOI) Act 2000 in an appeal of South Kesteven District Council’s refusal of an FOI request has had his appeal dismissed by the First Tier Tribunal (FTT).’

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Local Government Lawyer, 24th June 2024

Source: www.localgovernmentlawyer.co.uk

Different treatment for other boroughs – discriminatory policy – Nearly Legal

‘AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin). This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster.’

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Nearly Legal, 23rd June 2024

Source: nearlylegal.co.uk

Supreme Court decision defines scope of EIA around fossil fuel ’indirect effects’ – OUT-LAW.com

‘When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.’

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OUT-LAW.com, 20th June 2024

Source: www.pinsentmasons.com

The meaning of ‘anti-social behaviour’ – Local Government Lawyer

‘The Court of Appeal has clarified the meaning of “antisocial behaviour” for the purposes of Anti-Social Behaviour, Crime and Policing Act 2014. Sian McGibbon examines the ruling.’

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Local Government Lawyer, 21st June 2024

Source: www.localgovernmentlawyer.co.uk

Double Trouble – Local Government Lawyer

Posted June 21st, 2024 in construction industry, dispute resolution, local government, news by michael

‘In the case of Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 10 (TCC), the Court decided that a party can pursue both a smash & grab adjudication and, in the alternative, a true valuation in the same adjudication. The adjudicator will have jurisdiction to consider both arguments if they relate to one dispute i.e. the payment sum.’

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Local Government Lawyer, 21st June 2024

Source: www.localgovernmentlawyer.co.uk

Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection? – Mental Capacity Law and Policy

‘In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with the need to determine whether an 18 year old man had capacity to make decisions about engaging in sexual relations with others. His discomfort arose from the fact that the local authority was having to have recourse to the Court of Protection to respond to a situation where the man in question was posing a (largely self-reported, but on the face of it non-trivial) sexual threat to others, but whether neither mental health services nor the criminal justice system could respond.’

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Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Risk-taking, best interests and health and welfare deputies – Mental Capacity Law and Policy

‘AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning disability, and visual and hearing impairments. At heart, it was a dispute between his mother, who had (in her own words) brought him in a “very alternative way”, and the local authority responsible for his care and placement in a supported living placement. His mother, who described how she had moved away from South Yorkshire some years previously, having experienced harassment, wished him to move to south west England to live with her; Sheffield City Council resisted this.’

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Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Landmark ruling could threaten future UK oil drilling – BBC News

Posted June 20th, 2024 in climate change, local government, news, oil wells, planning, Supreme Court by sally

‘The Supreme Court has ruled a local council should have considered the full climate impact of burning oil from new wells – a landmark decision that could put future UK oil and gas projects in question.’

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BBC News, 20th June 2024

Source: www.bbc.co.uk