Incremental changes to alcohol licensing guidance take effect – OUT-LAW.com

Posted May 11th, 2018 in licensed premises, licensing, local government, news by sally

‘Updated guidance setting out how licensing authorities in England and Wales should carry out their duties under the 2003 Licensing Act is now in force, following publication by the Home Office.’

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OUT-LAW.com, 10th May 2018

Source: www.out-law.com

Family Division judge refuses council permission to withdraw care proceedings – Local Government Lawyer

Posted May 11th, 2018 in care orders, children, local government, news, terrorism by sally

‘A Family Division judge has refused an application by the London Borough of Tower Hamlets to have care proceedings for child C either dismissed or withdrawn.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Judge slams council for failing in duty of candour to the court – Litigation Futures

Posted May 11th, 2018 in children, disclosure, housing, judicial review, local government, news by sally

‘The High Court has slammed a London council for failing in its duty of candour and told lawyers that they have a responsibility to ensure that all those involved in local authorities are comply with their duty.’

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Litigation Futures, 10th May 2018

Source: www.litigationfutures.com

Council defeats Court of Appeal challenge over road accident and vegetation – Local Government Lawyer

Posted May 10th, 2018 in appeals, duty of care, local government, news, road safety, roads by sally

‘Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Welsh council wins appeal over whether SEN allowance was payable to teachers – Local Government Lawyer

‘A Welsh council has won an appeal over whether former teachers were entitled to be paid SEN (Special Educational Needs) allowance under their contracts. The Employment Tribunal had held that the conditions for entitlement were satisfied in each case, and accordingly, that Swansea City Council’s failure to pay SEN allowance was a breach of contract.’

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Local Government Lawyer, 2nd May 2018

Source: www.localgovernmentlawyer.co.uk

Council defeats Court of Appeal challenge to eviction process – Local Government Lawyer

Posted May 1st, 2018 in appeals, landlord & tenant, local government, news, repossession by tracey

‘Ashfield District Council was entitled to evict a tenant even though the circumstances differed from those in a court order, the Court of Appeal has ruled.’

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Local Government Lawyer, 30th April 2018

Source: www.localgovernmentlawyer.co.uk

Council wins High Court battle over viability and amount of affordable housing – Local Government Lawyer

Posted May 1st, 2018 in construction industry, housing, local government, news, planning by tracey

‘A Planning Court judge has ruled in favour of the London Borough of Islington in a long-running dispute over a major development which it has said will provide insufficient affordable homes.’

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Local Government Lawyer, 30th April 2018

Source: www.localgovernmentlawyer.co.uk

Approach when a local authority seeks permission to withdraw application for care order – Family Law

Posted April 30th, 2018 in care orders, children, local government, news, terrorism by tracey

‘Family analysis: Maud Davis, partner at TV Edwards LLP, says the judgment in A local authority v A mother and others [2017] EWHC 3741 (Fam), [2017] All ER (D) 146 (Dec) makes it clear that the risk of significant harm has to be established on the basis of evidence, and not “assumptions or speculation on future behaviour”.’

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Family Law, 26th April 2018

Source: www.familylaw.co.uk

Jessica van der Meer: Paws for Thought: The High Court tackles PSPOs in a Landmark Judgment – UK Constitutional Law Association

Posted April 27th, 2018 in demonstrations, dogs, local government, locus standi, news by tracey

‘The end of April 2018 was a big week for local government governance. In the same week that Ealing Council enacted a Public Spaces Protection Order (PSPO) to ban pro-life vigils from taking place outside a Marie Stopes clinic, the High Court handed down a landmark judgment dealing with PSPOs. The judgment is the first example of PSPOs being successfully challenged in the High Court.’

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UK Constitutional Law Association, 26th April 2018

Source: ukconstitutionallaw.org

Councillor facing trial for destroying dog poo records – Daily Telegraph

Posted April 26th, 2018 in disclosure, documents, dogs, freedom of information, local government, news by sally

‘A councillor is facing trial for destroying records about a system to catch fouling dog owners in what is believed to be the first case of its kind.’

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Daily Telegraph, 25th April 2018

Source: www.telegraph.co.uk

Employees win Court of Appeal dispute with council over pay increases – Local Government Lawyer

‘Nottingham City Council has lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases with effect from April 2011.’

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Local Government Lawyer, 23rd April 2018

Source: www.localgovernmentlawyer.co.uk

Getting the Most Out of Independent Reviewing Officers in Care Proceedings – Family Law Week

Posted April 23rd, 2018 in care orders, children, guardianship, local government, news by tracey

‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, argues for a more involved role for IROs in care proceedings.’

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Family Law Week, 20th April 2018

Source: www.familylawweek.co.uk

Rotherham council told to apologise to abuse whistleblower – The Guardian

‘Rotherham council has been ordered to apologise to a whistleblower who helped to expose the town’s grooming scandal after council officials raided her charity without proper explanation – years after she risked imprisonment by revealing how the council, police and social services turned a blind eye to the abuse of at least 1,400 children.’

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The Guardian, 18th April 2018

Source: www.theguardian.com

Kensington & Chelsea fined £120k for disclosure of owners of empty properties – Local Government Lawyer

‘The Royal Borough of Kensington and Chelsea has been hit with a £120,000 monetary penalty by the Information Commissioner’s Office (ICO) after the council unlawfully identified 943 people who owned vacant properties in the borough.’

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Local Government Lawyer, 16th April 2018

Source: www.localgovernmentlawyer.co.uk

Dog walker and council both claim success in High Court ruling on PSPO – Local Government Lawyer

Posted April 16th, 2018 in dogs, environmental protection, local government, news by tracey

‘A resident and dog walker has partially won a High Court challenge to a Public Spaces Protection Order (PSPO) brought in by the London Borough of Richmond. However, the council said the two provisions that were quashed by the judge were only “minor prohibitions” and the bulk of the order remained intact.’

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Local Government Lawyer, 16th April 2018

Source: www.localgovernmentlawyer.co.uk

Family mounts legal challenge to Northamptonshire library cuts – The Guardian

Posted April 13th, 2018 in budgets, families, judicial review, libraries, local government, news by tracey

‘Northamptonshire county council is facing a series of legal challenges over plans to close 21 libraries, after a young resident applied for a judicial review of a decision campaigners say will have a “devastating impact” on families.’

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The Guardian, 12th April 2018

Source: www.theguardian.com

London borough wins appeal over body piercings and underage clients – Local Government Lawyer

Posted April 11th, 2018 in children, licensing, local government, London, news by sally

‘Carrying out body piercings on someone under the permitted age is a strict liability offence, the Divisional Court has said in a case punctuated by an unusual interruption by the respondent.’

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Local Government Lawyer, 10th April 2018

Source: www.localgovernmentlawyer.co.uk

Protests banned outside abortion clinic in landmark vote by London council – Daily Telegraph

Posted April 11th, 2018 in abortion, demonstrations, local government, news by sally

‘Campaigners said they were “completely elated” after a West London council voted to ban protesters from demonstrating outside an abortion clinic, and were hopeful this was “just the beginning”.’

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Daily Telegraph, 10th April 2018

Source: www.telegraph.co.uk

Judges rule on meaning of ‘isolated’ homes and National Planning Policy Framework – Local Government Lawyer

Posted April 5th, 2018 in appeals, housing, local government, news, planning by sally

‘The term ‘isolated’ has its ordinary meaning in the National Planning Policy Framework (NPPF) and needs no over-interpretation, the Court of Appeal has ruled.’

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Local Government Lawyer, 5th April 2018

Source: www.localgovernmentlawyer.co.uk

Housing association fined £30k over Hand Arm Vibration Syndrome failings – Local Government Lawyer

Posted April 5th, 2018 in costs, fines, health & safety, industrial injuries, local government, news by sally

‘A community housing association in Wales has been fined £30,000 after it failed to effectively manage its employees’ exposure to Hand Arm Vibration Syndrome (HAVS) over a prolonged period of time.’

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Local Government Lawyer, April 2018

Source: www.localgovernmentlawyer.co.uk