Police and Crime Commissioner applies for judicial review over “hostile takeover” transfer of powers to Mayor – Local Government Lawyer

Posted February 16th, 2024 in government departments, judicial review, local government, news, police by sally

‘The West Midlands Police and Crime Commissioner (PCC), Simon Foster, has launched a judicial review challenge against the Home Secretary over the decision to transfer the PCC’s powers to the West Midlands Mayor.’

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Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Good Law Project issues letter before action against Secretary of State over “arbitrary” new Voter ID rules – Local Government Lawyer

‘Campaign organisation Good Law Project has sent a letter before action to the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, regarding his response to a report by the Electoral Commission on the impact of the voter ID requirements.’

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Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Man who mixed own sperm with dad’s will not have to take paternity test – The Guardian

Posted February 16th, 2024 in birth, children, DNA, families, local government, news, paternity by sally

‘A man who mixed his sperm with his father’s to help get his partner pregnant will not be forced to take a paternity test, the high court has ruled.’

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The Guardian, 15th February 2024

Source: www.theguardian.com

High Court rejects judicial review over adequacy of accommodation, policy on permitting animals – Local Government Lawyer

Posted February 15th, 2024 in animals, homelessness, housing, judicial review, local government, news by sally

‘A vulnerable man and woman who needed to be housed with their dog have lost a case in the High Court, with a deputy judge telling them judicial review had been an inappropriate route for much of the case.’

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Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Triangulation and flexibility: taking capacity seriously in changing circumstances – Mental Capacity Law and Policy

‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’

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Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Victims of Modern Slavery Overlooked Due To Lack of Training, Report Finds – Each Other

Posted February 14th, 2024 in children, employment, forced labour, government departments, local government, news by sally

‘A new report by The Rights Lab and ECPAT, a leading children’s rights organisation, has highlighted the ways in which the UK government and local authorities could become more effective at handling child protection in relation to modern slavery.’

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Each Other, 14th February 2024

Source: eachother.org.uk

Case Comment – Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 14th, 2024 in appeals, injunctions, local government, news, Supreme Court, travellers by sally

‘In this post, Emma Pinkerton, a Partner in the Real Estate Disputes team at CMS, comments on the Supreme Court’s decision in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47, which was handed down on 29 November 2023.’

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UKSC Blog, 12th February 2024

Source: ukscblog.com

City council facing second judicial review challenge over tree felling – Local Government Lawyer

Posted February 13th, 2024 in consultations, judicial review, local government, news, planning, trees by tracey

‘A fresh judicial review threat has been made over Plymouth City Council’s controversial redevelopment plans, which saw the local authority fell more than a hundred trees on a city street.’

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Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

Council told to pay £15k after failings led to child missing education for two years – Local Government Lawyer

Posted February 13th, 2024 in compensation, families, local government, news, ombudsmen, special educational needs by tracey

‘The Local Government and Social Care Ombudsman has called on North Northamptonshire Council to pay nearly £15,000 after the local authority’s failings led to a child missing out on education for two years.’

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Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

Intentional homelessness from a half way house – Nearly Legal

Posted February 12th, 2024 in appeals, drug abuse, homelessness, housing, local government, news by tracey

‘Kyle v Coventry City Council (2023) EWCA Civ 1360. Mr K was homeless and addicted to class A drugs. During the relevant period for this second appeal, he was on a methadone treatment prescription. He had applied to Coventry as homeless. He had been given s.188 Housing Act 1996 accommodation in hostel supported accommodation (a “halfway house”).’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

A lack of candour over a lack of discretion – Nearly Legal

Posted February 12th, 2024 in homelessness, housing, judicial review, local government, news, pre-action conduct by tracey

‘Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin). A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the date of her homeless application. Lambeth denied that it had any discretion to do so under its allocation policy.’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

Redaction of names of junior civil servants in judicial review proceedings – Local Government Lawyer

‘In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. Christian Grierson and Jonathan Blunden analyse the judgment.’

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Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

Sufficiently serious breach? – Local Government Lawyer

Posted February 12th, 2024 in appeals, local government, news, public procurement by tracey

‘Sarah Whittle and Daniel Taylor analyse a landmark Court of Appeal decision regarding procurement challenges.’

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Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

Claimant wins appeal over lawfulness of housing needs assessment while care proceedings ongoing – Local Government Lawyer

Posted February 8th, 2024 in children, disabled persons, housing, judicial review, local government, news by sally

‘The Royal Borough of Windsor and Maidenhead has lost a High Court judicial review case over whether it correctly assessed the housing needs of a family with two children who have severe disabilities.’

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Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

Police and Crime Commissioner functions – Home Office

Posted February 8th, 2024 in crime, local government, news, police by tracey

‘The government has laid legislation in Parliament to transfer the Police and Crime Commissioner functions to the West Midlands and South Yorkshire mayors.’

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Home Office, 8th February 2024

Source: www.gov.uk

Comedy hypnotist overturns decades-old ban on mesmerism – The Guardian

Posted February 8th, 2024 in local government, news, statutory interpretation, theatre by sally

‘It was put in place more than 70 years ago to protect citizens from the “dark arts” but now an old-fashioned law banning hypnosis and mesmerism has been overturned by a comedy hypnotist – and he did it without putting anyone under.’

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The Guardian, 7th February 2024

Source: www.theguardian.com

Former Kent children’s home residents suing council over abuse claims – BBC News

Posted February 6th, 2024 in care orders, child abuse, local government, news by tracey

‘Former residents of a children’s home are suing Kent County Council over allegations they were abused in care.’

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BBC News, 5th February 2024

Source: www.bbc.co.uk

Outsourcing the problem: equal pay and local authority trading companies – Local Government Lawyer

Posted February 6th, 2024 in contract of employment, equal pay, equality, local government, news by tracey

‘Doug Mullen looks at the complex issues around equal pay that arise with local authority trading companies.’

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Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

Section 117 after-care statutory guidance – a missed opportunity? – Local Government Lawyer

Posted February 6th, 2024 in detention, local government, mental health, news, statutory duty by tracey

‘Lee Parkhill reviews new Government guidance on the joint duty under s.117 of the Mental Health Act 1983.’

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Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

Court discretion and dispute resolution clauses – Law Society’s Gazette

‘In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause (DR clause) which required the parties to engage with adjudication before proceeding to litigation, ousted the jurisdiction of the court.’

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Law Society's Gazette, 2nd February 2024

Source: www.lawgazette.co.uk