Social housing and religion: R (Z & Anor) – Law & Religion UK

‘A non-Jewish woman, Z, had four children, including a son with autism. She was at the top of Hackney Council’s list for a four-bedroom home in the area. The co-defendant, the Agudas Israel Housing Association (AIHA), was founded in 1986 to provide social housing for Orthodox Jews in north London: it does not accept applications from anyone outside the Orthodox community. Six four-bedroom properties owned by AIHA became available but Ms Z was not allowed to apply for one of them. She sought judicial review of that refusal, arguing that it was unlawful and discriminatory for the AIHA to refuse her a home. As we noted, in R (Z & Ors) v Hackney London Borough Council & Anor [2019] EWHC 139 (Admin), a Divisional Court dismissed her claim, holding that a Jewish housing association might legitimately refuse to rent houses to those who were not Orthodox Jews. Z appealed.’

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Law & Religion UK, 5th July 2019

Source: www.lawandreligionuk.com

New Judgment: London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government & Ors [2019] UKSC 33 – UKSC Blog

Posted July 5th, 2019 in local government, news, planning, Supreme Court by sally

‘This appeal considered whether a condition restricting the use of the premises should be implied into a planning permission granted by the appellant; alternatively, whether the planning permission should be interpreted as containing such a condition.’

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UKSC Blog, 3rd July 2019

Source: ukscblog.com

When is a Highway “Maintainable at Public Expense”? – Zenith PI Blog

‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’

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Zenith PI Blog, 28th June 2019

Source: zenithpi.wordpress.com

FOI requests to 20 councils found more than half did not prosecute single letting agent over four-year period, landlords group claims – Local Government Lawyer

‘Local authorities are failing in their duty to prosecute rogue letting agents, the National Landlords Association has claimed after its research found that more than half of 20 councils did not prosecute a single letting agent in the four-year period from 2014/15 to 2017/18.’

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Local Government Lawyer, 4th July 2019

Source: www.localgovernmentlawyer.co.uk

City council secures £350k in compensation for victims defrauded by local plumbing companies – Local Government Lawyer

‘The victims of two plumbing companies who defrauded their clients have been fully compensated for their financial losses, after Southampton City Council prosecuted the individuals involved.’

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Local Government Lawyer, 4th July 2019

Source: www.localgovernmentlawyer.co.uk

Abandoning a procurement: not always the end of the story – Henderson Chambers

Posted July 3rd, 2019 in local government, news, public procurement, statutory duty by sally

‘In Amey Highways Ltd v West Sussex Highways [2019] EWHC 1291 (TCC), Stuart SmithJ held that a contracting authority’s decision to abandon a procurement following a challenge brought by a disappointed tenderer does not automatically extinguish that tenderer’s claim for damages.’

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Henderson Chambers, 25th June 2019

Source: www.hendersonchambers.co.uk

London borough wins Supreme Court battle over retail store and restrictions on use – Local Government Lawyer

Posted July 3rd, 2019 in local government, news, planning, Supreme Court by sally

‘The Supreme Court has unanimously allowed an appeal by the London Borough of Lambeth in a dispute over whether use restrictions continued to apply to a retail development.’

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Local Government Lawyer, 3rd July 2019

Source: www.localgovernmentlawyer.co.uk

Ombudsman urges councils to check procedures when dealing with people with ‘hidden disabilities’ – Local Government Lawyer

Posted July 3rd, 2019 in disabled persons, local government, London, news, ombudsmen, reports by sally

‘The Local Government & Social Care Ombudsman has called on councils to check their procedures to avoid disadvantaging people with ‘hidden disabilities’, following the publication of three separate investigation reports into London councils.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Costs awarded against council after failed ‘secondary ticketing’ prosecution – Local Government Lawyer

‘Costs have been awarded against North Yorkshire County Council in a case over the prosecution of ticket resellers, despite a judge saying she was reluctant to do so.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Council wins High Court battle over development and certificate of lawfulness – Local Government Lawyer

Posted July 3rd, 2019 in appeals, local government, news, planning, roads by sally

‘A borough council has won a High Court challenge over a planning inspector’s decision to allow an appeal against the local authority’s refusal of a certificate of lawfulness of proposed use or development.’

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Local Government Lawyer, 3rd July 2019

Source: www.localgovernmentlawyer.co.uk

Governance under the spotlight – Law Society’s Gazette

Posted July 2nd, 2019 in auditors, government departments, local government, news, standards by sally

‘As Roman satirist Juvenal was always asking down the pub: ‘Sed quis custodiet ipsos custodes?’ (But who guards the guards themselves?). For the Ministry of Housing, Communities & Local Government (MHCLG) the answer is the redoubtable House of Commons Public Accounts Committee (PAC).’

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Law Society's Gazette, 1st July 2019

Source: www.lawgazette.co.uk

Seeking a secret inquest? A lesson in how NOT to go about asking for reporting restrictions – UK Human Rights Blog

‘When seeking any order it always helps to make the right application, to the right court, following the right procedure. Although when it does go horribly wrong it at least provides valuable learning for the rest of us.’

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UK Human Rights Blog, 1st July 2019

Source: ukhumanrightsblog.com

Court of Appeal rejects challenge to lawfulness of discriminatory allocation of housing on ground of religion – Local Government Lawyer

‘The Court of Appeal has rejected an appeal against a Divisional Court ruling that a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’

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Local Government Lawyer, 27th June 2019

Source: www.localgovernmentlawyer.co.uk

‘Councils Cannot Blame Funding For Special Educational Needs Failures’, High Court Told – Rights Info

‘A lack of funding gives councils “no excuse” for failing to meet their legal duty to children with special educational needs and disabilities (SEND), a court has heard.’

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Rights Info, 27th June 2019

Source: rightsinfo.org

Supreme Court to rule next week on implying condition restricting use of premises into planning permission – Local Government Lawyer

Posted June 28th, 2019 in appeals, local government, news, planning, sale of goods, Supreme Court by sally

‘The Supreme Court will next week (3 July) rule on the London Borough of Lambeth’s appeal over whether a condition restricting the use of premises should be implied into a planning permission granted by the council, or, alternatively, whether the planning permission should be interpreted as containing such a condition.’

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Local Government Lawyer, 27th June 2019

Source: www.localgovernmentlawyer.co.uk

Ombudsman urges county council to bring its assessments into line with Care Act 2014 – Local Government Lawyer

Posted June 26th, 2019 in disabled persons, duty of care, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman has called on Somerset County Council to put in place the recommendations he has made to bring its assessments into line with the requirements of the Care Act.’

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Local Government Lawyer, 24th June 2019

Source: www.localgovernmentlawyer.co.uk

‘Lack Of Special Educational Needs Funding Breaches Children’s Human Rights’, Court Will Hear – Rights Info

‘The government is “leaving thousands of children in limbo” and breaching their human rights by underfunding education for those with special educational needs and disabilities (SEND), a court will hear.’

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Rights Info, 26th June 2019

Source: rightsinfo.org

JusticeWatch: Growing ‘justice gap’ in discrimination cases – Legal Voice

‘Victims of discrimination were being denied access to justice and offenders going unchallenged as a result of a ‘failing’ legal aid system, as reported in the Justice Gap.’

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Legal Voice, 21st June 2019

Source: legalvoice.org.uk

Obtaining Injunction – Panopticon

‘Birmingham City Council v Afsar and Others (2019) EWHC 1560 (QB) is a case about a protest which has been carried on outside a primary school. Warby J granted interim injunctions, on the basis that the Council was likely to succeed at trial in showing that restraint on the way that protests were being conducted was justified.’

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Panopticon, 20th June 2019

Source: local-government-law.11kbw.com

Supreme Court quashes decision to declare mother ‘intentionally homeless’ – UK Human Rights Blog

Posted June 21st, 2019 in benefits, homelessness, housing, local government, news, rent, Supreme Court by tracey

‘Samuels v Birmingham City Council [2019] UKSC 28. In unanimously allowing an appeal against a decision to declare the appellant intentionally homeless due to her inability to pay her rent, the Supreme Court affirmed that non-housing benefits are not designed to create a surplus that can be used to account for insufficient housing benefits.’

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UK Human Rights Blog, 18th June 2019

Source: ukhumanrightsblog.com