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

Supreme Court to hear appeal in challenge concerning standing orders and committee voting – Local Government Lawyer

Posted February 5th, 2024 in appeals, local government, news, Supreme Court by sally

‘The Supreme Court has granted permission for an appeal against the Court of Appeal’s dismissal of a challenge concerning the lawfulness of Tower Hamlets Council’s standing orders requiring councillors to be present for the whole of a committee’s consideration of an item to vote on it.’

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Local Government Lawyer, February 2024

Source: www.localgovernmentlawyer.co.uk

Lawyers raise alarm at struggle to tackle UK local government corruption – The Guardian

Posted February 2nd, 2024 in corruption, fraud, legal profession, local government, news, statistics by sally

‘Lawyers have raised alarm at the lack of oversight in local government, as a Guardian analysis found almost one in 10 councils in the UK have been subject to a corruption investigation in the past decade.’

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The Guardian, 2nd February 2024

Source: www.theguardian.com

Court of Appeal rejects appeal over finding that manifest error in procurement was not “sufficiently serious” for damages award – Local Government Lawyer

Posted January 31st, 2024 in appeals, damages, local government, news, public procurement by tracey

‘The Court of Appeal has upheld a High Court ruling that an error in the award of an NHS orthodontic contract was not sufficiently serious to entitle the claimant to Francovich damages.’

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Local Government Lawyer, 30th January 2024

Source: www.localgovernmentlawyer.co.uk

Time to address “silent crisis” of finding safe placements for children with profound needs long overdue, says judge – Local Government Lawyer

Posted January 31st, 2024 in children, hospitals, local government, mental health, news, placement orders by tracey

‘The High Court has ruled that a vulnerable teenage girl should be moved from hospital to her local authority’s proposed placement in an unregistered placement “as a matter of urgency”, under a high degree of restriction to keep her safe.’

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Local Government Lawyer, 30th January 2024

Source: www.localgovernmentlawyer.co.uk

Hillside in practice – Local Government Lawyer

Posted January 30th, 2024 in housing, local government, news, planning, Supreme Court, Wales by tracey

‘Megan Forbes analyses a recent High Court case that has provided guidance on the practical implications of the Supreme Court’s Hillside decision.’

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Local Government Lawyer, 26th January 2024

Source: www.localgovernmentlawyer.co.uk

Environmental watchdog criticises Government over lack of monitoring and transparency – Local Government Lawyer

‘The Office for Environmental Protection (OEP) has attacked the Government over a lack of transparency in measures to protect the environment.’

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Local Government Lawyer, 25th January 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge gives guidance on use of intermediaries in Family Court – Local Government Lawyer

‘The High Court has given guidance on the use of intermediaries in the Family Court, in a case concerning a 2-and-a-half year old girl, which was in week 127 at the hearing last month.’

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Local Government Lawyer, 25th January 2024

Source: www.localgovernmentlawyer.co.uk

Ombudsman finds “significant delays” in response of council to complaints from vulnerable man left in unsuitable accommodation – Local Government Lawyer

Posted January 25th, 2024 in complaints, delay, disabled persons, housing, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman (LGSCO) has recommended that Peterborough City Council pay more than £2,900 after its delay in revising the housing priority of a vulnerable man.’

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Local Government Lawyer, 24th January 2024

Source: www.localgovernmentlawyer.co.uk

A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon – Oxford Human Rights Hub

‘In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the Court arguably made the right to be provided with housing (in the form of suitable accommodation) a justiciable right for certain categories of homeless persons.’

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Oxford Human Rights Hub, 23rd January 2024

Source: ohrh.law.ox.ac.uk

Law reform charity brings tribunal challenge over police forces withholding Prevent data – Local Government Lawyer

‘The First Tier Tribunal has heard a Freedom of Information (FOI) appeal over the refusal from police forces to release anonymised data relating to the controversial anti-terrorism programme Prevent.’

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Local Government Lawyer, 23rd January 2024

Source: www.localgovernmentlawyer.co.uk

Accommodating asylum seekers: some recent planning law cases – Local Government Lawyer

Posted January 23rd, 2024 in asylum, housing, local government, news, planning by tracey

‘The scale of the current crisis as to where and how to provide accommodation for asylum seekers can be viewed through a succession of High Court planning law cases over the last year or so. Simon Ricketts gathers the cases in one place.’

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Local Government Lawyer, 19th January 2024

Source: www.localgovernmentlawyer.co.uk

Ruling confirms conditions for planning permission severability – OUT-LAW.com

Posted January 22nd, 2024 in local government, news, planning by tracey

‘A new ruling has confirmed that developers have limited scope to obtain retrospective changes to planning permission they have been granted to specify explicitly that the permission is “severable”, according to a planning law expert.’

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OUT-LAW.com, 18th January 2024

Source: www.pinsentmasons.com

Judge dismisses challenge to planning permission for school redevelopment amid noise concerns – Local Government Lawyer

Posted January 19th, 2024 in judicial review, local government, news, noise, planning, school children by sally

‘Residents who claimed councillors at the Royal Borough of Kensington and Chelsea were given “significantly misleading” advice from a planning officer before approving planning permission for the redevelopment of a site for a school have failed in a judicial review bid of the decision.’

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Local Government Lawyer, 18th January 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court refuses permission to appeal rejection of vicarious liability claim against school over abuse by work placement individual – Local Government Lawyer

‘The Supreme Court has refused a claimant permission to appeal over the Court of Appeal’s dismissal of her claim that a school was vicariously liable for sexual abuse by an individual who had undertaken a work experience placement.’

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Local Government Lawyer, 18th January 2024

Source: www.localgovernmentlawyer.co.uk

London council estate resident wins battle over misuse of planning law – The Guardian

Posted January 18th, 2024 in housing, judicial review, local government, news, planning by sally

‘A woman who fought the gentrification of the south London council estate that has been her home for 30 years has won a high court battle against the local authority for its misuse of planning law.’

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The Guardian, 17th January 2024

Source: www.theguardian.com

Two-year-old boy died of starvation curled up next to dead father – The Guardian

Posted January 18th, 2024 in children, local government, news, social services by sally

‘A two-year-old boy was left alone to die of starvation curled up next to the body of his father, who had suffered a fatal heart attack, his family has revealed.’

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The Guardian, 17th January 2024

Source: www.theguardian.com

Housing Ombudsman criticises council over four cases of severe maladministration, covering “wide range of responsibilities” – Local Government Lawyer

‘The Housing Ombudsman has criticised Croydon Council after finding severe maladministration in four cases that covered several aspects of the landlord’s responsibilities, including anti-social behaviour, adaptations and mutual exchange.’

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Local Government Lawyer, 16th January 2024

Source: www.localgovernmentlawyer.co.uk

Planning Inspectorate to stop accepting comments on appeals via email in bid to “streamline” process – Local Government Lawyer

Posted January 17th, 2024 in appeals, electronic mail, enforcement, local government, news, planning by sally

‘The Planning Inspectorate has said it will stop accepting comments on planning and enforcement appeals via email in order to streamline the process both for the inspectorate and local planning authorities.’

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Local Government Lawyer, 17th January 2024

Source: www.localgovernmentlawyer.co.uk